Loading...
HomeMy WebLinkAbout130620CPNOTICE OF SPECIAL SESSION OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD WHEN: THURSDAY, JUNE 20, 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 Rliff to the June 20, 2013, Cottonwoods Maintenance District Board Meeting and Fountain Hills Town Council Regular and Special meetings. 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 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 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 June 6, 2013. 2. CONSIDERATION of RESOLUTION EMCFD 2013-03, approving the final budget of the District and levying upon the assessed valuation of the property within the District subject to ad valorem taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for Fiscal Year ending on June 30, 2014. 3. ADJOURNMENT. DATED this 13th day of June 2013. doA_ Bevelyn J Ben er, 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 famished with this agenda are available for review in the Clerk's office and on the Town's website [www.fh.az.gov]. Date posted: 6/13/13 Time posted: 5:00 PM z:\council packets\2013\r130620\emcfd\130620emcfda.doc Last printed 6/13/2013 2:08 PM NOTICE OF SPECIAL SESSION OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD WHEN: THURSDAY, JUNE 20, 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 miff to the June 20, 2013, Cottonwoods Maintenance District Board Meeting and Fountain Hills Town Council Regular and Special meetings. 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 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 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 June 6, 2013. 2. CONSIDERATION of RESOLUTION EMCFD 2013-03, approving the final budget of the District and levying upon the assessed valuation of the property within the District subject to ad valorem taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for Fiscal Year ending on June 30, 2014. 3. ADJOURNMENT. DATED this 13th day of June 2013. Bevelyn J Ben er, 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 famished with this agenda are available for review in the Clerk's office and on the Town's website [www.fh.az.gov]. Date posted: 6/13/13 Time posted: 5:00 PM z:\council packets\2013\rl30620\emcfd\130620emcfda.doc Last printed 6/13/2013 2:08 PM s �/j .4 t-i� f tiQS Meeting Date: 6/2012013 Return to EMCFD Agenda Eagle Mountain Community Facilities District (EMCFD) AGENDA ACTION FORM Meeting Type: Special Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of approving the Eagle Mountain Community Facilities District Board meeting MINUTES from June 6, 2013. Applicant: NA Applicant Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: A.R.S. X38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve Attachment(s): None SUGGESTED MOTION: Move to approve the June 6, 2013 meeting minutes. Submitted and Approved by: Approved: Bevelyn J. Bender/District Clerk 6/1012013 Ken Buchanan, District Manager 611112013 z:lcouncil packets\20131rl306201eincfd\sal`minutes.docx Page 1 of 1 Meeting Date: June 20, 2013 Agenda Type: Regular Return to EMCFD Agenda EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Administration Staff Contact Information: Julie A. Ghetti, Deputy Town Manager/Finance Director Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of RESOLUTION EMCFD2013-03, levying upon the assessed valuation of the property within the district subject to ad valorem taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for fiscal year ending June 30, 2014. Applicant: NIA Applicant Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Eagle Mountain Community Facilities District (CFD) issued bonds in 1996 to repay the costs associated with infrastructure improvements and are repaid annually from ad valorem taxes collected from the residents of the community. The 2012 assessed value for Eagle Mountain CFD is estimated to be $23,722,994 and the FY2013-14 budget is $425,235; therefore, a tax levy of approximately $1.84 will provide sufficient revenue for the annual debt payment and administrative costs. The bonds will be retired in FY20- 21. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $425,235 Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve SUGGESTED MOTION: Move to approve Resolution EMCFD2013-03 levying upon the property owners of the Eagle Mountain Community a levy of $1.84 per $100 of assessed valuation for the purpose of payment of principal and interest on bonded indebtedness. Attachment(s): Resolution EMCFD2013-03 Submitted by: 1 e Dept y oven Manager/Finance Director Date Approved by: llg� A'�� District Manager 6/18/2013 Page 1 of 4 Return to EMCFD Agenda RESOLUTION EMCFD NO. 2013-03 A RESOLUTION OF THE BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT APPROVING THE FINAL BUDGET OF THE DISTRICT AND LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE DISTRICT SUBJECT TO AD VALOREM TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNTS ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST UPON BONDED INDEBTEDNESS; ALL FOR FISCAL YEAR ENDING ON JUNE 30, 2014. WHEREAS, in accordance with AR[z. REv. STAT. § 48-716 and following published notice, public hearings were conducted on May 16, 2013 and June 6, 2013, at which hearings any taxpayer was permitted to appear and be heard regarding the 2013-14 annual budget for the Eagle Mountain Community Facilities District (the "District"); and WHEREAS, in accordance with AwZ. REv. STAT. § 48-723 and following published notice, a public hearing was conducted on June 20, 2013, at which hearing any taxpayer was permitted to appear and be heard in favor of or against any of the proposed tax levies by the District Board related to the 2013-14 annual District budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated herein by this reference, which were filed with the District Clerk, are hereby approved for the purpose as hereinafter set forth as the final budget for the Eagle Mountain Community Facilities District for the fiscal year 2013-14, which statements and estimates of the operation and maintenance expenses of the District are to be paid from ad valorem taxes collected in the District. SECTION 3. There is hereby levied on each one hundred dollars ($100.00) of the assessed value of all taxable property, both real and personal, within the corporate limits of the District and not exempt from taxation, an ad valorem property tax rate of one dollar and eighty-four cents ($1.8400), or such other rate as determined by the Treasurer to be sufficient to raise the aggregate amount of $425,235.00 for the purpose of paying principal and interest on bonded indebtedness for the District for the fiscal year ending June 30, 2014. SECTION 4. No failure by the County Official of Maricopa County, Arizona, to properly return the delinquent list and no irregularity in the assessment or omission in the same, or irregularity of any kind in any proceedings shall invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to perform any of the duties 1965883.1 Return to EMCFD Agenda assigned to him or to them shall not invalidate any proceedings or of any such deed or sale or affect the validity of the assessment and levy of taxes or of the judgment or sale by which the collection of the same may be enforced or in any manner affect the lien of the District upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 5. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed. SECTION 6. The District Clerk is hereby directed to transmit a certified copy of this Resolution to the Board of Supervisors of Maricopa County, Arizona and to the Arizona Department of Revenue. SECTION 7. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 8. 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 the Eagle Mountain Community Facilities District, Maricopa County, Arizona, on June 20, 2013. Linda Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 1965883.1 2 EXHIBIT A TO RESOLUTION EMCFD NO. 2013-03 [Final Budget] See following page. 1965883.1 Return to EMCFD Agenda Return to EMCFD Agenda 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 TOTAL 1965883.1 2 $7,350 $425,235 NOTICE OF SPECIAL SESSION OF THE COTTONWOOD MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 20, 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 20, 2013 Fountain Hills Town Council Regular and Special Sessions. 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 June 6, 2013. 2. CONSIDERATION of RESOLUTION CMD 2013-03, approving the final budget of the District for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; and assessing upon the individual lots and parcels within the District a certain sum sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for such fiscal year. 3. ADJOURNMENT. DATED this 13 1h day of June 2013. 4tk Q,c r,19 Ce'4-- Bevelyn J. en er, 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: 6/13/13 Time posted: 5:00 PM z:\council packets\2013\r130620\cmd\130620cmda.docx Last printed 6/13/2013 2:07 PM NOTICE OF SPECIAL SESSION OF THE COTTONWOOD MAINTENANCE DISTRICT BOARD WHEN: THURSDAY, JUNE 20, 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 20, 2013 Fountain Hills Town Council Regular and Special Sessions. 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 June 6, 2013. 2. CONSIDERATION of RESOLUTION CMD 2013-03, approving the final budget of the District for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; and assessing upon the individual lots and parcels within the District a certain sum sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for such fiscal year. 3. ADJOURNMENT. DATED this 13 1h day of June 2013. 4tk Q,c r,19 Ce'4-- Bevelyn J. en er, 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: 6/13/13 Time posted: 5:00 PM z:\council packets\2013\r130620\cmd\130620cmda.docx Last printed 6/13/2013 2:07 PM t 0 z x n o� r � ghat fs AC'y/ Meeting Date: 6/20/2013 Cottonwoods Maintenance District (CMD) AGENDA ACTION FORM Meeting Type: Special Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Bevelyn J Bender, 480-81.6-5115, bbender@fli.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of approving the Cottonwoods Maintenance District Board meeting MINUTES from June 6, 2013. Applicant: NA Applicant Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve Attachment(s): None SUGGESTED MOTION: Move to approve the June 6, 2013 meeting minutes. Submitted and Approved by: Bevelyn J. Bender/District Clerk Approved_ m- 6/10/2013 Ken Buchanan, District Manager 6/11/2013 z:Neouncil packets120131r1306201crndlaaf minntes.docx Page 1 of 1 s gi1r4't-- ties Meeting Date: 812012013 Agenda Type: Regular TOWN OF FOUNTAIN HILLS Cottonwoods Maintenance District AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Julie A. Ghetti, Deputy Town Manager/finance Director REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION CMD2013-03, assessing upon the individual lots and parcels within the District a sum sufficient to raise the amount estimated to be required in the annual budget to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the Fiscal Year ending June 30, 2014. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Cottonwoods Maintenance District was formed by the Town Council in June, 1999 for the purpose of improving the common areas of the Cottonwoods subdivision; the Town Council serves as the governing Board for the district. The Maintenance District provides for the maintenance of the common area, which is performed by the Town of Fountain Hills. The annual cost is repaid through an annual property tax assessment of $83.15 per property owner levied by the Town and collected by Maricopa County. Risk Analysis (options or alternatives with implications): The annual cost to a homeowner will be $83.15 per year Fiscal Impact (initial and ongoing costs; budget status): $4,823 Budget Reference (page number): 266 Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Y ® N ❑ Staff Recommendation(s): Approve List Attachment(s): Resolution CMD2012-03 SUGGESTED MOTION (for District Board use): Move to approve Resolution CMD2013-03 levying upon the property owners of the Cottonwoods Maintenance District a levy of $83.15 each for the purpose of payment of annual maintenance on the common areas. Page 1 of 2 Prepared by: NA 6/13/2013 Director's Approval: Julie Gh etti, District Deputy Manager/Finance Director 11 6/13/2013 Approved: A & .(-k I A a A Ken uchanan, DEstricf anagen 6/13/2013 Page 2 of 2 RESOLUTION CMD NO. 2013-03 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; AND ASSESSING UPON THE INDIVIDUAL LOTS AND PARCELS WITHIN THE DISTRICT A CERTAIN SUM SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR SUCH FISCAL YEAR. 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 (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 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 20, 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, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. 1966857.1 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 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. There is hereby levied on each lot and tax parcel listed in the attached Exhibit B, incorporated herein by this reference, within the limits of the District the amount listed on Exhibit B, which amount is sufficient to raise the aggregate amount of $4,823.00 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30, 2014. SECTION 5. Failure by the officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax or foreclosure deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them, shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or of the judgment of sale by which the collection of the same may be enforced, shall not affect the lien of the District upon such property for the delinquent assessment unpaid thereon, and no overcharge as to part of the assessment or of costs shall invalidate any proceedings for the collection of assessments or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 6. All resolutions and parts of resolutions in conflict herewith are hereby repealed. SECTION 7. The District Clerk is hereby directed to transmit a certified copy of this resolution to the County Assessor and the Board of Supervisors of Maricopa County, Arizona. SECTION 8. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct, and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 9. 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. 1966857.1 PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance District, Maricopa County, Arizona, on June 20, 2013. Linda M. Kavanagh, District Chairperson ATTEST: Bevelyn J. Bender, District Clerk APPROVED AS TO FORM: Andrew J. McGuire, District Counsel 1966857.1 EXHIBIT A TO RESOLUTION CMD NO. 2013-03 [Final Budget] See following page. 1466857.1 Return to CMD Agenda COTTONWOODS MAINTENANCE DISTRICT FINAL BUDGET FISCAL YEAR 2013-2014 Revenues Tax Levy at $83.15 per Property Owner TOTAL Expenses Annual Landscape Maintenance Cost Annual Reserve for Exterior Wall Maintenance Reserve Fund TOTAL 1966857.1 For the Year Ended 30 -Jun -14 $4,823 $3,500 $1,073 $250 EXHIBIT B TO RESOLUTION CMD NO. 2013-03 [Lot and Tax Parcel List] See following page. 1466857.1 Return to CMD Agenda Lot No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1966857.1 Tax Parcel No. 176-03-923 176-03-924 176-03-925 176-03-926 176-03-927 176-03-928 176-03-929 176-03-930 176-03-931 176-03-932 176-03-933 176-03-934 176-03-935 176-03-936 176-03-937 176-03-938 176-03-939 176-03-940 176-03-941 176-03-942 176-03-943 176-03-944 176-03-945 176-03-946 176-03-947 176-03-948 176-03-949 176-03-950 176-03-951 176-03-952 176-03-953 176-03-954 176-03-955 176-03-956 176-03-957 176-03-958 176-03-959 176-03-960 176-03-961 176-03-962 176-03-963 Amount to be Levied* $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 Lot No. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Tax Parcel No. 176-03-964 176-03-965 176-03-966 176-03-967 176-03-968 176-03-969 176-03-970 176-03-971 176-03-972 176-03-973 176-03-974 176-03-975 176-03-976 176-03-977 176-03-978 176-03-979 176-03-980 *such sum may be paid in two installments, along with such parcel's other taxes Amount to be Levied* $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 $83.15 Councilmember Dennis Brown Councilmember Ginny Dickey Vice Mayor Tait D. Elkie REVISED: 6/17/13 NOTICE OF THE REGULAR AND SPECIAL SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh TIME: 6:30 PM WHEN: THURSDAY, JUNE 20, 2013 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Cecil A. Yates 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. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Michele Hasley, Director of Grief Ministries for North Chapel ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i.) The Mayor will review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii.) The Mayor will read a PROCLAMATION recognizing JULY 2013 AS PARK AND RECREATION MONTH in the Town of Fountain Hills. iii.) The Mayor will read a PROCLAMATION declaring AUGUST 2013 AS DROWNING IMPACT AWARENESS MONTH in Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) RECOGNITION of FOUNTAIN HILLS FIRE DEPARTMENT CHIEF SCOTT LAGRECA for 17 years of dedicated service to the citizens of the Town of Fountain Hills. ii) PRESENTATION by ARIZONA STATE REPRESENTATIVE MICHELE UGENTI regarding matters relating to any new legislation that may impact Fountain Hills and its citizens. iii) PRESENTATION by the Mayor's Youth Council relating to their PUBLIC SERVICE ANNOUNCEMENTS created this past year and RECOGNITION of Fountain Hills High School Student/Mayor's Youth Council member KAYLAN GEORGE's video award from the Maricopa County Attorney's Office. 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 June 6, 2013. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Lawrence E. Elliget, Owner/Agent of Kasy Inc. DBA Kimmie's located at 13014 N Saguaro Blvd, Fountain Hills, AZ. This is for a series 12 license (Restaurant). Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 2 of 5 3. CONSIDERATION of CONFIRMING appointments by Mayor Kavanagh as follows to serve on Town Council Subcommittees for the purpose of interviewing applicants for the Town's boards and commissions for FY2013-14: (i) Community Center Advisory Commission - Vice Mayor Tait Elkie, Councilmembers Dennis Brown & Ginny Dickey; (ii) Parks and Recreation Commission — Councilmembers Henry Leger, Cecil Yates & Cassie Hansen; (iii) Planning and Zoning Commission — Councilmembers Ginny Dickey, Cassie Hansen & Dennis Brown; (iv) McDowell Mountain Preservation Commission — Vice Mayor Tait Elkie, Councilmembers Henry Leger and Cecil Yates; (v) Public Safety Advisory Commission — Councilmembers Dennis Brown, Ginny Dickey& Henry Leger; (vi) Senior Services Advisory Commission —Vice Mayor Tait Elkie, Councilmembers Henry Leger & Cecil Yates; (vii) Strategic Planning Advisory Commission — Councilmembers Dennis Brown, Cecil Yates & Cassie Hansen; and (viii) Board of Adjustment — Vice Mayor Tait Elkie, Councilmembers Ginny Dickey & Cassie Hansen. 4. CONSIDERATION of approving RESOLUTION 2013-29, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements (but retaining a telecommunications easement) located at the southerly and easterly property lines of Plat 603B, Block 2, Lot 7 (15743 E. Thistle Drive) as recorded in Book 161 of Maps, Page 41, Records of Maricopa County, Arizona. EA13-04 (RG Development, Inc.) 5. CONSIDERATION of approving AMENDMENT NO. 1 to Cooperative Purchase Agreement C2013-123 between Pavement Marking, Inc. and the Town of Fountain Hills for Pavement Markings in an amount not to exceed $88,000.00. 6. CONSIDERATION of approving AMENDMENT NO. 1 to Cooperative Purchase Agreement C2013-121 between Nesbitt Contracting Co., Inc. and the Town of Fountain Hills for Asphalt Replacement and Miscellaneous Work in an amount not to exceed $906,000.00. 7. CONSIDERATION of approving AMENDMENT NO. 1 to Cooperative Purchase Agreement C2013-122 between Southwest Slurry Seal, Inc. and the Town of Fountain Hills for Micro Surfacing in an amount not to exceed $820,000.00. 8. CONSIDERATION of approving AMENDMENT NO. 2 to Cooperative Purchase Agreement C2013-120 between Cactus Asphalt and the Town of Fountain Hills for Crack Sealing in an amount not to exceed $186,000.00. 9. CONSIDERATION of approving a PURCHASE AGREEMENT between the Town of Fountain Hills and L.N. Curtis and Sons, through the Mohave Cooperative Purchasing Cooperative, for twenty (20) Self Contained Breathing Apparatus in the amount of $73,449.06 10. CONSIDERATION of approving the PROFESSIONAL SERVICES AGREEMENT between the Town of Fountain Hills and the Horizon Real Estate Group, Inc., to promote commercial business in Fountain Hills, in accordance with the adopted Fountain Hills Economic Development Plan. 11. CONSIDERATION of RESOLUTION 2013-34, approving a memorandum of understanding with Maricopa County relating to medical countermeasures. 12. CONSIDERATION of approving the FIRST AMENDMENT of the agreement between the Town of Fountain Hills and AT&T Wireless PCS, LL for a cellular communications tower at 9810 N Technology Drive, Fountain Hills AZ. Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 3 of 5 REGULAR AGENDA ITEMS 1. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert Boe James, representing the Veterans of Foreign Wars Post #7507, for the purpose of a fundraiser in conjunction with the Fourth at the Fountain. The event is scheduled for Thursday, July 4, 2013, from 4:00-10:00 p.m., at Fountain Park. 2. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Arizona Business Advisors, LLC, in the amount of $4,500, for the fiscal period July 1, 2013 through June 30, 2014, to operate and manage JumpStartBiz, a business incubator program designed for the development of entrepreneurial businesses in the Town of Fountain Hills. 3. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Extended Hands Food Bank, in the amount of $24,200, for the fiscal period July 1, 2013 through June 30, 2014, to provide food and social service referral for Fountain Hills' residents. 4. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with the Fountain Hills Chamber of Commerce for Tourism, in the amount of $103,000, for the fiscal period July 1, 2013 through June 30, 2014, to promote tourism in Fountain Hills. 5. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Fountain Hills Community Theater, in the amount of $70,240, for the fiscal period July 1, 2013 through June 30, 2014 to provide general theater productions and workshop/camp support for Fountain Hills residents. 6. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Boys & Girls Clubs of Scottsdale, McKee Branch, in the amount of $64,000, for the fiscal period July 1, 2013 through June 30, 2014 to provide teen activity programs to include academic success, good character and citizenship and healthy lifestyles for Fountain Hills residents. 7. CONSIDERATION of RESOLUTION 2013-31, accepting the Strategic Planning Advisory Commission's recommendations to Council regarding implementation of the Economic Development Plan approved by the Council on March 21, 2013, and incorporating the "Strategically Organized Approach" into the Economic Development Plan accordingly. 8. CONSIDERATON of accepting the BID of J.E. Bowen Construction, LLC, in the amount of $1,415,455.03, for the Avenue of the Fountains Median Improvements (DS2013-129). 9. CONSIDERATION of approving a LICENSE AGREEMENT with Cox Communication, Inc. for a period of ten (10) years. 10. CONSIDERATION of approving an AGREEMENT with the Law Offices Mark Iacovino for providing services as the Town Prosecutor, in the amount of $110,000. 11. PUBLIC HEARING regarding (i) RESOLUTION 2013-23, approving the estimates of expenses, assessments, and the Tentative Budget as the Final Budget, and (ii) the proposed Tax Levy for the 2013-14 Fiscal Year budget for the Town of Fountain Hills. RECESS the Regular Session to convene the Special Session. Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 4 of 5 SPECIAL SESSION AGENDA CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh SPECIAL AGENDA ITEMS SPL#1 CONSIDERATION of RESOLUTION 2013-23, adopting the Tentative Budget as the 2013-2014 Fiscal Year budget for the Town of Fountain Hills. SPL#2 CONSIDERATION of RESOLUTION 2013-38, (i) adopting and establishing the 2013-14 Budget Implementation Policy and approving the Town Organizational Charts, (ii) the 2013-14 Pay Plan, (iii) the Schedule of Authorized Positions and (iv) the Employee Job Descriptions. SPL#3 ADJOURNMENT of the Special Session RECONVENE the Regular Session. REGULAR AGENDA ITEMS 12. 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. 13. 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. 14. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 15. ADJOURN the Regular Session. DATED this 20th day of June, 2013. A4 Bevelyn J. H`endd, 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. Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 5 of 5 Councilmember Dennis Brown Councilmember Ginny Dickey Vice Mayor Tait D. Elkie REVISED: 6/17/13 NOTICE OF THE REGULAR AND SPECIAL SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh TIME: 6:30 PM WHEN: THURSDAY, JUNE 20, 2013 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Cecil A. Yates 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. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Michele Hasley, Director of Grief Ministries for North Chapel ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i.) The Mayor will review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii.) The Mayor will read a PROCLAMATION recognizing JULY 2013 AS PARK AND RECREATION MONTH in the Town of Fountain Hills. iii.) The Mayor will read a PROCLAMATION declaring AUGUST 2013 AS DROWNING IMPACT AWARENESS MONTH in Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) RECOGNITION of FOUNTAIN HILLS FIRE DEPARTMENT CHIEF SCOTT LAGRECA for 17 years of dedicated service to the citizens of the Town of Fountain Hills. ii) PRESENTATION by ARIZONA STATE REPRESENTATIVE MICHELE UGENTI regarding matters relating to any new legislation that may impact Fountain Hills and its citizens. iii) PRESENTATION by the Mayor's Youth Council relating to their PUBLIC SERVICE ANNOUNCEMENTS created this past year and RECOGNITION of Fountain Hills High School Student/Mayor's Youth Council member KAYLAN GEORGE's video award from the Maricopa County Attorney's Office. 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 June 6, 2013. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Lawrence E. Elliget, Owner/Agent of Kasy Inc. DBA Kimmie's located at 13014 N Saguaro Blvd, Fountain Hills, AZ. This is for a series 12 license (Restaurant). Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 2 of 5 3. CONSIDERATION of CONFIRMING appointments by Mayor Kavanagh as follows to serve on Town Council Subcommittees for the purpose of interviewing applicants for the Town's boards and commissions for FY2013-14: (i) Community Center Advisory Commission - Vice Mayor Tait Elkie, Councilmembers Dennis Brown & Ginny Dickey; (ii) Parks and Recreation Commission — Councilmembers Henry Leger, Cecil Yates & Cassie Hansen; (iii) Planning and Zoning Commission — Councilmembers Ginny Dickey, Cassie Hansen & Dennis Brown; (iv) McDowell Mountain Preservation Commission — Vice Mayor Tait Elkie, Councilmembers Henry Leger and Cecil Yates; (v) Public Safety Advisory Commission — Councilmembers Dennis Brown, Ginny Dickey& Henry Leger; (vi) Senior Services Advisory Commission —Vice Mayor Tait Elkie, Councilmembers Henry Leger & Cecil Yates; (vii) Strategic Planning Advisory Commission — Councilmembers Dennis Brown, Cecil Yates & Cassie Hansen; and (viii) Board of Adjustment — Vice Mayor Tait Elkie, Councilmembers Ginny Dickey & Cassie Hansen. 4. CONSIDERATION of approving RESOLUTION 2013-29, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements (but retaining a telecommunications easement) located at the southerly and easterly property lines of Plat 603B, Block 2, Lot 7 (15743 E. Thistle Drive) as recorded in Book 161 of Maps, Page 41, Records of Maricopa County, Arizona. EA13-04 (RG Development, Inc.) 5. CONSIDERATION of approving AMENDMENT NO. 1 to Cooperative Purchase Agreement C2013-123 between Pavement Marking, Inc. and the Town of Fountain Hills for Pavement Markings in an amount not to exceed $88,000.00. 6. CONSIDERATION of approving AMENDMENT NO. 1 to Cooperative Purchase Agreement C2013-121 between Nesbitt Contracting Co., Inc. and the Town of Fountain Hills for Asphalt Replacement and Miscellaneous Work in an amount not to exceed $906,000.00. 7. CONSIDERATION of approving AMENDMENT NO. 1 to Cooperative Purchase Agreement C2013-122 between Southwest Slurry Seal, Inc. and the Town of Fountain Hills for Micro Surfacing in an amount not to exceed $820,000.00. 8. CONSIDERATION of approving AMENDMENT NO. 2 to Cooperative Purchase Agreement C2013-120 between Cactus Asphalt and the Town of Fountain Hills for Crack Sealing in an amount not to exceed $186,000.00. 9. CONSIDERATION of approving a PURCHASE AGREEMENT between the Town of Fountain Hills and L.N. Curtis and Sons, through the Mohave Cooperative Purchasing Cooperative, for twenty (20) Self Contained Breathing Apparatus in the amount of $73,449.06 10. CONSIDERATION of approving the PROFESSIONAL SERVICES AGREEMENT between the Town of Fountain Hills and the Horizon Real Estate Group, Inc., to promote commercial business in Fountain Hills, in accordance with the adopted Fountain Hills Economic Development Plan. 11. CONSIDERATION of RESOLUTION 2013-34, approving a memorandum of understanding with Maricopa County relating to medical countermeasures. 12. CONSIDERATION of approving the FIRST AMENDMENT of the agreement between the Town of Fountain Hills and AT&T Wireless PCS, LL for a cellular communications tower at 9810 N Technology Drive, Fountain Hills AZ. Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 3 of 5 REGULAR AGENDA ITEMS 1. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert Boe James, representing the Veterans of Foreign Wars Post #7507, for the purpose of a fundraiser in conjunction with the Fourth at the Fountain. The event is scheduled for Thursday, July 4, 2013, from 4:00-10:00 p.m., at Fountain Park. 2. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Arizona Business Advisors, LLC, in the amount of $4,500, for the fiscal period July 1, 2013 through June 30, 2014, to operate and manage JumpStartBiz, a business incubator program designed for the development of entrepreneurial businesses in the Town of Fountain Hills. 3. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Extended Hands Food Bank, in the amount of $24,200, for the fiscal period July 1, 2013 through June 30, 2014, to provide food and social service referral for Fountain Hills' residents. 4. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with the Fountain Hills Chamber of Commerce for Tourism, in the amount of $103,000, for the fiscal period July 1, 2013 through June 30, 2014, to promote tourism in Fountain Hills. 5. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Fountain Hills Community Theater, in the amount of $70,240, for the fiscal period July 1, 2013 through June 30, 2014 to provide general theater productions and workshop/camp support for Fountain Hills residents. 6. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Boys & Girls Clubs of Scottsdale, McKee Branch, in the amount of $64,000, for the fiscal period July 1, 2013 through June 30, 2014 to provide teen activity programs to include academic success, good character and citizenship and healthy lifestyles for Fountain Hills residents. 7. CONSIDERATION of RESOLUTION 2013-31, accepting the Strategic Planning Advisory Commission's recommendations to Council regarding implementation of the Economic Development Plan approved by the Council on March 21, 2013, and incorporating the "Strategically Organized Approach" into the Economic Development Plan accordingly. 8. CONSIDERATON of accepting the BID of J.E. Bowen Construction, LLC, in the amount of $1,415,455.03, for the Avenue of the Fountains Median Improvements (DS2013-129). 9. CONSIDERATION of approving a LICENSE AGREEMENT with Cox Communication, Inc. for a period of ten (10) years. 10. CONSIDERATION of approving an AGREEMENT with the Law Offices Mark Iacovino for providing services as the Town Prosecutor, in the amount of $110,000. 11. PUBLIC HEARING regarding (i) RESOLUTION 2013-23, approving the estimates of expenses, assessments, and the Tentative Budget as the Final Budget, and (ii) the proposed Tax Levy for the 2013-14 Fiscal Year budget for the Town of Fountain Hills. RECESS the Regular Session to convene the Special Session. Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 4 of 5 SPECIAL SESSION AGENDA CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh SPECIAL AGENDA ITEMS SPL#1 CONSIDERATION of RESOLUTION 2013-23, adopting the Tentative Budget as the 2013-2014 Fiscal Year budget for the Town of Fountain Hills. SPL#2 CONSIDERATION of RESOLUTION 2013-38, (i) adopting and establishing the 2013-14 Budget Implementation Policy and approving the Town Organizational Charts, (ii) the 2013-14 Pay Plan, (iii) the Schedule of Authorized Positions and (iv) the Employee Job Descriptions. SPL#3 ADJOURNMENT of the Special Session RECONVENE the Regular Session. REGULAR AGENDA ITEMS 12. 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. 13. 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. 14. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 15. ADJOURN the Regular Session. DATED this 20th day of June, 2013. A4 Bevelyn J. H`endd, 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. Date posted: 6/17/13 Time posted: 12:00 PM Z:\Council Packets\2013\R130620\130620A.docx Last printed 6/17/2013 11:34 AM Page 5 of 5 Return to Agenda Designation of July 2013 as Park and Recreation Month WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the Town of Fountain Hills, and. WHEREAS our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation areas are fundamental to the environmental well-being of our community; and WHEREAS parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS the Town of Fountain Hills recognizes the benefits derived from parks and recreation resources NOW THEREFORE, BE IT RESOLVED BY I, Linda Kavanagh, Mayor of the Town of Fountain Hills, Arizona, that July 21713 is recognized as Park and Recreation Month in the Town of Fountain Hills. Lida z�anagh, myor ATTl 17: T hfA'ryr 0 ti f = 41 J, Bemlyn J. Berger, J" m Clerk Return to Agenda DROWNING IMPACT AWARENESS MONTH AUGI._1 T ? n I I WHEREAS. Drowning Impact Awareness month will raise awareness that the number and impact of child drownings in Arizona affects everyone; and UVHEREAS, the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year; and a child drowning can happen to any family regardless of education, race or socio-economic background; and WHEREAS, families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life; and WHEREAS, water safety remains a priority for Arizona families, communities, and government; and '`,"`.REAS, REAS, keeping children healthy and safe is the goal of the Fountain Hills Rural/Metro Fire Department and other prevention institutions in Arizona, and WHEREAS, raising awareness will increase understanding and education of effective ways to prevent drowning; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of the Town of Fountain of Hills, Arizona, do hereby proclaim the month of August 2013 as DROWNING IMPACT AWARENESS MONTH in Fountain Hills. IN WITNESS IMHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 20th day of June, 2013. ��T AI1y Hl kQ t�cn da M. Kav n gh, Maygr c s Y �J `may har is +M° Bevelyn J. Be ex Tovun Clerk e Meeting Date: 6/2012013 Agenda Type: Consent Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from June 6, 2013. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation (s): Approve List Attachment(s): None SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed Prepared by: 4tAtGrz -_ Bevelyn Bender, Town Clerk 6110/2013 Approved: Ken Buchanan, Town Manager 6/11/2013 Page 1 of 1 Last fs A'�i�' Meeting Date. 612012013 Agenda Type: Consent Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Julie Ghetti, Deputy Town Manager/Finance Director (480) 816-5113 Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Lawrence E. Elliget, Owner/Agent of Kasy Inc. DBA Kimrnie's located at 13014 N Saguaro Blvd, Fountain Hills, AZ. This is for a series 12 license (Restaurant). Applicant: Lawrence E. Elliget Applicant Contact Information: (480) 816-5323 Property Location: 13014 N. Saguaro Blvd, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application for a Series 12 Restaurant liquor license submitted by Lawrence E. Elliget Owner of Kimmie's Restaurant for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted;. if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for council use): Move to approve the consent agenda. NA 6/13/2013 Page 11 of 2 Director's Approval: Julie hett,Deputy +own Manager/ mance Director 6/13/2013 Approved: Ken uchanan, Town Manager 6/13/2013 Return to Agenda I'a-c 2 u1 2 TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO Return to Agenda TO (as applicable): DATE: 5/28/2013 1) Streets Division 2) Fire Department 3) Building Division 4) Community Services 5) Development Services 6) Law Enforcement 7 Licensing FROM: Julie Ghetti, Deputy Town RE' :Liquor License Application - Kimmie's Manager/Finance Director Attached is a Liquor License Application for review for Kimmie's located at 13014 N Saguaro Boulevard, Fountain Hills, AZ 85268. Please review the application and electronically return the departmental recommendation no later than June 6, 20133 indicating staff's recommendation for approval (with or without stipulations) or denial in the space below and return this form to Julie Ghetti, Deputy Town Manager/Finance Director. If staff s recommendation is to deny or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Applicant: Lawrence Elliget Date(s) of Event: NA Date Application Received: 5/23/2013 Town Council Agenda Date: 6/20/2013 STAFF REVIEW AND RECOMMENDATION: Name of staff who reviewed application Streets Division Approved Ken Kurth Fire Department Approved Randy Roberts Building Division Approved Jason Field Community Services Approved Bryan Hughes Development Services Approved Bob Rodgers Law Enforcement Approved Joe Rodriquez Licensing Approved Julie Ghetti Does the business have a current business license? Yes Business License #2058 Effective period 6/1/2013 to 6/1/2014 Does the business name match database? Yes Do owners and/or officers listed on the application match the database? Yes Does the mailing match the database? Yes Does the business address match the database? Yes a ouliril Pj, ko, 201 ; i"! hII11d111k: I oynt,l 1 1,cn,c \hhvo%;Il a 0 E Arizona Department of Liquor Licenses and Control M $Cli�lll?st-Washingt6n,_5th Tloor b02 542 41 -A`PPL�ICATION :r a 2 i:I.�i1iQR L�CENS . -TYPi= OR:,F'IfdT:./l `$LA'CFC Notice: Effective Nov. 1, 1997 All aware s ,Mien , Partners 5to'ckholdeas-Offtcers:.or managers Va eWj'av+ifved in the day to day operations -of the business must attend a Dep4irtme6iapproved 0 course orvprordi�de proof of at'teb 6n*#ithin the last five years. See pages of the Liquor Licensing requirements SECTION 1 Thisapplicaiioti Is'ot'a.SECTIO.N 2'Type of ownership: El MORE THAN ONE LICENSE INTERIM PERMIT Complete Section 5 �. ID J T W R.O.S. Complete Section 6 NEW LICENSE Complete Sect►ol75 2„ti3, 4, 73, 14,.5, l6 f'`� INDfNADUAL Complete Section 6 El PERSON TRANSFER (Bars & Luol ores DILLY} F El PARTNERSHIP Complete Section 6 ' Complete Sections 2, 3, 4;,;eEfF3i✓'CATION Complete Section 7 ❑ LOCATION TRANSFER (Bars a' r ylMtTEiiLIABILITY CO. Complete Section 7 Complete Sections 2, 3x 4; X2; 3, 75, 1 ❑ CLiIB amplete_Section 8 ElPROBATE/WILL ASSIGNMEIT Complete Section 10 Complete Sections 2, 41419, 13, t6 nortued w "TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10 El (Explain) _ SECTION 3 Type of license and fees LICENSE 1. T.,a.ofLlCw?ncw,fpl_ 3_�_ati h9p. 711y 2. Total fees attached: I $0 APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44-6852 will be charged for all dishonored checks. SECTION 4 Applicant 1, Owner/Agent's Name: (insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: k9 --5'd [ice- (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: r',4 5 (Exactly as it appears on the exterior of premises) 4. Principal Street Location ✓�s�� ��t �v�'�"��;a, �1� (Do not use PO Box Number) City County Zip 5. Business Phone: AOV- t4 6 ° 5323 Daytime Phone: Email: 5. Is the business located within the incorporated limits of the above city or town? DYES ❑ NO w 7. Mailing Address: 6 . � . A, S $ ���' i� lis ✓�,' City State Zip S. Price paid for license only bar, beer and wine, or liquor store: Type $ Type DEPARTMENT USE ONLY Fees: [90,00 4w} Application Interim Permit Site Inspection Finger Prints $�� �D TOTAL OF ALL FEES Is Arizona Statement of Citizenship & Alien Status For State Benefits complete? IYES ❑ NO Accepted by: 14 Date: Kj B Lic. # I "�R 1 11712013 *Disabled individuals requiring special accommodation, please call (602) 542-9027. 11 Return to Agenda ���AIN�II TOWN OF FOUNTAIN HILLS Z n TOWN COUNCIL tamu;gr Meeting Date: 6/2012013 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Town Manager Ken Buchanan; kbuchanan a@fh.az.gov; 480-816-5107 Strategic Values: All Council Goal: All REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of CONFIRMING appointments by Mayor Kavanagh as follows to serve on Town Council Subcommittees for the purpose of interviewing applicants for the Town's boards and commissions for FY2013-14 as follows: (i) Community Center Advisory Commission - Vice Mayor Tait Elkie, Councilmembers Dennis Brown & Ginny Dickey; (ii) Parks and Recreation Commission — Councilmembers Henry Leger, Cecil Yates & Cassie Hansen; (iii) Planning and Zoning Commission — Councilmembers Ginny Dickey, Cassie Hansen & Dennis Brown; (iv) McDowell Mountain Preservation Commission —Vice Mayor Tait Elkie, Councilmembers Henry Leger and Cecil Yates; (v) Public Safety Advisory Commission — Councilmembers Dennis Brown, Ginny Dickey& Henry Leger; (vi) Senior Services Advisory Commission —Vice Mayor Tait Elkie, Councilmembers Henry Leger & Cecil Yates; (vii) Strategic Planning Advisory Commission -- Councilmembers Dennis Brown, Cecil Yates & Cassie Hansen; and (viii) Board of Adjustment — Vice Mayor Tait Elkie, Councilmembers Ginny Dickey & Cassie Hansen Applicant: NIA Applicant Contact Information: NIA Property Location: N/A Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure Staff Summary (background): Mayor Linda M. Kavanagh has designated Subcommittees for the purpose of interviewing applicants to Town Boards and Commissions pursuant to Council Rules of Procedure. The Town Council is being asked to confirm the Subcommittees. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Page 1 of 2 Staff Recommendation(s): List Attachment(s): NIA SUGGESTED MOTION (for council use): Move to approve the consent agenda, Approved: Ken Buchanan, Town Manager 6/11/2013 Return to Agenda Page 2 of 2 Return to Agenda TAIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL Meeting Date: 6/20/2013 Agenda Type: Consent AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION for approval of RESOLUTION 2013-29 abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements (but retaining a telecommunications easement) located at the southerly and easterly property lines of Plat 60313 Block 2, Lot 7 (15743 E. Thistle Drive) as recorded in Book 161 of Maps, Page 41, Records of Maricopa County, Arizona. EA13-04 (RG Development, Inc.) Applicant: RG Development, Inc. aka Rick Grossglauser Applicant Contact Information: 480-816-9108 Property Location: 15743 E. Thistle Drive Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon portions of the public utility and drainage easements, but retaining a telecommunications easement located at the southerly and easterly property lines of Plat 603B, Block 2, Lot 7 (16863 E. Parlin Drive) as shown in Exhibit "A". The property owner desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of these public utility easements, except as indicated. Centuryl-ink has requested to retain this easement, but will allow encroachment into this easement, subject to obtaining a permit from them, and Cox has requested to retain the easterly easement. So, a telecommunications easement has been retained over the southerly easement and the public utility easement has been retained over the easterly easement area. The Engineering Section has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Section that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 7 is required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Page 1 of 2 Return to Agenda Funding Source: NA If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment 'Form: NA Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff recommends approval of Resolution 2013-29. List Attachment(s): Vicinity Map; Aerial Photo Map; Resolution; Exhibit "A" Map SUGGESTED MOTION (for council use): Move to approve the abandonment of portion of the public utility and drainage easements at Plat 6038, Block 2, Lot 7. by: Director's Approval: Paul oo Development Services Director 11 1 Appro d: 3LA Ken Buchanan, Town Mana er 5/11/213 Page 2 of 2 Return to Agenda RESOLUTION 2013-29 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE DRAINAGE EASEMENT AND PUBLIC UTILITY EASEMENT AT THE SOUTHERLY AND EASTERLY PROPERTY LINES OF PLAT 603B, BLOCK 2, LOT 7, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 14. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain public utility and drainage easements, located at the southerly and easterly property lines of Plat 603B, Block 2, Lot 7, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 41, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. A telecommunications easement is retained in the abandoned public utility easement area. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, May 16, 2013. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Kenneth Buchanan, Town Manager Andrew J. McGuire, Town Attorney Return to Agenda TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603B BLOCK 2 LOT 7 / ry/ST l/ �Q SIO I 6 ` 4u ABANDON D.E. RETAIN P.U.E., o" h ry BLOCK 2 LOT 7 ABANDON P.U.E. & -� D.E. RETAIN TELECOMMUNICATIONS o 0) EASEMENTM \\\ 8000. \ A, 'V ss3 \ \ 00" \ \ / / \ �p LAND � � S T{ IIT L; / \ ` \f CarF C5c,�"� 18545 y° ` / 0 RANDY L S / HARRELt, 0 20' 40' // $ re S�9ned L/ SCALE: 1" — 40' / / Fkplreg 3/31/�5 DATE: 8-10-13 / Return to Agenda Nt TOWN OF FOUNTAIN LULLS o ; DEVELOPMENT SERVICES DEPARTMENT z n 3 'lath _ VICINITY MAP is McDOWELL MOUNTAIN PARK TOWN BOUNDARY SCOTTSDALE SCOTTSDALE Nfr 1 A E S NORTH SCALE: V = 3500' SALT RIVER PIMA MARICOPA INDIAN COMMUNITY 0 r ■ A --,Return two Agenda K kQ Ili �� o Y B 9��f6at is DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 603—B, BLOCK 2, LOT 7 15743 E. THISTLE DRIVE LEGEND: LOTLINE ROW EASEMENT — — — — — — FLOODPLAIN SUBJECT HOUSE . lY W E S 0 100' Zoo' SCALE: 1" = 200' AERIAL FLIGHT DATE: 11/12 Meeting Date: 612012013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Paul Mood, Dev. Services Director, 480-816-5129 Strategic Values: Maintain/Improve Community Infrastructure Council Goal: 13 Road assess mentlmainten ance REQUEST TO COUNCIL (Agenda Language): Consideration of Amendment No. 1 to Cooperative Purchase Agreement 02013-123 between Pavement Marking, Inc. and the Town of Fountain Dills for Pavement Markings in an amount not to exceed $88,000.00. Applicant: NA Applicant Contact Information: NA Property Location: Zone 7 Pavement Management Area Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): On January 17, 2013 Town Council passed Resolution 2013-02 approving the Pavement Management Program. On March 7, 2013 Town Council approved Cooperative Purchase Agreement C2013-123 with Pavement Marking, Inc. in the amount of $17,750.00 for pavement markings in Zone 6 of the Town's pavement management area. The total combined contract price with amendment no. 1 is $105,750.00. Amendment No. 1 to the Cooperative Purchase Agreement will provide for pavement markings in Zone 7. The work is anticipated to be completed in August of 2013 and will include pavement markings, stop bars, arrows, reflective pavement markers, etc. for the asphalt replacement sections on Shea Blvd. and Fountain Hills Blvd. The contract amount includes a 10% contingency. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs-, budget status): Not to exceed $88,000.00 Budget Reference (page number): NA Funding Source: Multiple Funds If Multiple Funds utilized, list here: CIP Fund Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of Amendment No. 1 to Cooperative Purchase Agreement C2013-123. List Attachment(s): Amendment No. 1 and Zone 7 Pavement Management Map Page 1 of 2 Return to Agenda SUGGESTED MOTION icor council use): Move to approve Amendment No. 1 to Cooperative Purchase Agreement C2013-123 between Pavement Marking, Inc. and the Town of Fountain Hills in an amount not to exceed $88,000.00. Prepared by: NA 611112013 Rirector's Approv Paul Mood, De'velopmeRf Services director 611112013 Appro d: Ken hanan, Town Manager 6/11/2013 Pale 2 of 2 Return to Agenda Contract No. 2013-123-A. l FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PAVEMENT MARKING, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of June 20, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Pavement Marking, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, Yuma County Department of Public Works entered into Contract No. 2011-2012CY.02 dated December 14, 2010, as amended, with the Contractor for the Contractor to furnish all the materials, labor and equipment necessary to provide pavement markings and related services on roadways in Yuma County (the "Yuma Contract"). B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated March 7, 2013, based upon the Yuma Contract (the "Agreement"), for the Contractor to provide the Town with pavement striping and markings on various roads in the area referred to as Zone 6 (the "Materials and Services"). C. The Town has determined that additional Materials and Services by the Contractor are necessary to carry -out the Town's pavement management program in Zone 7. D. The Town and the Contractor desire to enter into this First Amendment to (i) provide for the cost of and purchase additional Materials and Services and (ii) extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of the Agreement. The term of the Agreement is hereby extended and shall remain in full force and effect until June 30, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation. The Town shall increase the compensation to Contractor by $88,000.00, from $17,750.00 to an aggregate amount not to exceed $105,750.00, of which $8,027.38 is an owner's contingency which shall be utilized at the Town's sole discretion, for the 1963174.1 Return to Agenda Materials and Services at the rates as set forth in the Yuma Contract and the quotation dated May 21, 2013, which is attached hereto as Exhibit A and incorporated herein by reference. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARIZ. REV. STA'r. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1963811.1 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk STATE OF ARIZONA } ) ss. COUNTY OF MARICOPA ) (ACKNOWLEDGMENT) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. (affix notary seal here) 1963811.1 Notary Public in and for the State of Arizona EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PAVEMENT MARKING, INC. [Quotation] See following page. fPMT4m Return to Agenda -Contractor- PAVEMEdRKING, IN an Arizogration By: z Title:( -s4 17'e ",-,4 /74) Or (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OFMARICOPA ) Return to Agenda Th iS i IlStl-Ll 111CIlt was ac know] cdoed before tile on June H,2013),b), — &" Aelirl,- as )Y,,v al, r. of PAVEMENT iMARKING, INC.. an Arizona corporation, on behalf of the corporation. inti . -/-K� Notary Public in and for the State of Arizona (affix notary seal lure) 196.1 11 1 4 Return to Agenda oJANINyf1C� Town of Fountain mills o .. ZONE 7 PAVEMENT MANAGEMENT 2013 gf��b+t Is Aty� o r� �i1►� 0 SCALE OF MAP DATE: 5-6-13 I�Cr7 =1 :111 � MICRO SURFACE mW 1 MILL & OVERLAY PRIVATE ROAD �- GATED -PRIVATE Meeting Date: 612012013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Paul Mood, Dev. Services Director, 480-816-5129 Strategic Values: Maintainllmprove Community Infrastructure Council Goal: 13 Road assess mentlmaintenance REQUEST TO COUNCIL (Agenda Language): Consideration of Amendment No. 1 to Cooperative Purchase Agreement 02013-121 between Nesbitt Contracting Co., Inc. and the Town of Fountain Hills for Asphalt Replacement and Miscellaneous Work in an amount not to exceed $906,000.00. Applicant: NA Applicant Contact Information: NA Property Location: Zone 7 Pavement Management Areas Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): On January 17, 2013 Town Council passed Resolution 2013-02 approving the Pavement Management Program. On March 7, 2013 Town Council approved Cooperative Purchase Agreement C2013-121 with Nesbitt Contracting in the amount of $155,000 for asphalt replacement and miscellaneous work in Zone 6 of the Town's pavement management area as well as a small portion of Zone 7. The total combined contract price with amendment no. 1 is $1,061,000. Amendment No. 1 to the Cooperative Purchase Agreement will provide for the mill and overlay of approximately 79,000 square yards of asphalt on sections of Shea Blvd. and Fountain Hills Blvd. along with other miscellaneous work such as large crack repairs on Palisades south of Golden Eagle Blvd., manhole adjustments, valve adjustments and traffic signal detection loop replacements. The contract amendment also includes a 4% contingency. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Not to exceed $906,000 Budget Reference (page number): CIP Project No. 56008 Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): NA Page 1 cf 2 Return to Agenda Staff Recommendation(s): Staff recommends approval of Amendment No. 1 to Co_,-.-_.._ . _.vhase Agreement C2013-121. List Attachment(s): Amendment No. 1 and Zone 7 Pavement Management Map SUGGESTED MOTION (for Council use): Move to approve Amendment No. 1 to Cooperative Purchase Agreement C2013-121 between Nesbitt Contracting Co., Inc. and the Town of Fountain Hills in an amount not to exceed $906,000. Prepared by: NA 6110/2013 Director's Approval Paul Wood, D eloprn ervices Director 6/10/2013 Approved: Ken Buchanan, Town Manager 6/10/2013 Pa, -,c 2 (4 2 Return to Agenda Contract No. 2013-121-A. l FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NESBITT CONTRACTING CO., INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of June 20, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Nesbitt Contracting Co., Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Scottsdale entered into Contract No. 12PBO18 dated November 22, 2011, as extended, with the Contractor for the Contractor to replace asphalt, correct drainage and perform small repairs on roads in lots "A" and "D" (the "Scottsdale Contract"). B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated March 7, 2013, based upon the Scottsdale Contract (the "Agreement"), for the Contractor to provide the Town with asphalt replacement and miscellaneous repairs to various roads in the area referred to as Zone 6 (the "Materials and Services"). C. The Town has determined that additional Materials and Services by the Contractor are necessary to carry -out the Town's pavement management program. D. The Town and the Contractor desire to enter into this First Amendment to (i) provide for the cost of and purchase additional Materials and Services and (ii) extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of the Agreement. The term of the Agreement is hereby extended and shall remain in full force and effect until June 30, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation. The Town shall increase the compensation to Contractor by $906,000.00, from $155,000.00 to an aggregate amount not to exceed $1,061,000.00, of which $36,281.95 is an owner's contingency which shall be utilized at the Town's sole discretion, for 1960397.2 Return to Agenda the Materials and Services at the rates as set forth in the Scottsdale Contract and the quotation dated May 1, 2013, which is attached hereto as Exhibit A and incorporated herein by reference. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARIz. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1960397.2 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1960397.2 3 "Contractor" NESBITT CONTRACTING CO., INC., an Arizona corporation By: �----- — — --- Name: James L. Nesbitt Title: President (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) Return to Agenda This instrument was acknowledged before me on June 4th , 2013, byiames L Nesbitt as President of NESBITT CONTRACTING CO., INC., an Arizona corporation on behalf of the corporation. Notary Public in and for the State of Arizona (affix notary seal here) CECIf_IA PICASO `Votary Pilo - Stata of Arizona MARICOPA COUN lY * My Commission Exptr�s April 12, 2017 1960397.2 4 EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NESBITT CONTRACTING CO., INC. [Quotation] See following page. 1960397.2 Return to Agenda Return to Agenda Fountain Hills AC Repairs 5!1!2013 Location Length Width Total SF Total SY Asphalt to Milling 2" Price per SF Price per SY Cost Paving 2" Price per TN Cost TOTAL COST 1" Crack Repairs - Palisades 10000 1 10000 1111.1 122.2 $2.50 $25,000.00 $85.00 $10,388.89 $35,388.89 Fountain Hills Blvd - Ashbrook to Saguaro 15000.0 1650.0 - $1.55 $23,250.00 $77.00 $127,050.00 $150,300.00 Shea Blvd - Palisades to Scottsdale Border 44228.0 4865.1 $1.55 $68,553.40 $77.00 $374,611.16 $443,164.56 Shea Blvd - Palisades to F.H. Blvd EB only 19480.0 2142.8 $1.55 $30,194.00 $77.00 $164,995.60 $195,189.60 Item Manhole Final Adjustment Unit EA Quantity 30 Price Per $ 365.00 Total $ 10,950.00 $10,950.00 Valve Final Adjustment __ EA 30 $ 325.00 $ 9,750.00 $9,750.00 Loos EA 15 $ 1,665.00 $ 24,975.00 $24,975.00 Grand Total: $869,718.05 This does not include crack seal, paint/thermo, subgrade work in case of breakthrough. This does include millings haul off, traffic control, dust control, sales tax. The quantity for the 1" crack repair is a preliminary estimate, the actual quantity will need to be determined more closely with field personnel. The process for 1" crack repairs will be to use a 12" trimmer to a depth of 2", then pave back 2" of conventional AC. All paving is to be conventional asphalt (no rubberized asphalt included in this proposal). Final adjustment quantities are estimates only and will need to be field verified. Return to Agenda STAINjJ Town of Fountain Hills . tS 0 ZONE 7 PAVEMENT MANAGEMENT 2013 '`r'a' Is ASit- O N fr c 0 S 0.5 SCALE Or MILES MAP DATE: 5-6-13 LEGEND ® MICRO SURFACE MILL & OVERLAY PRIVATE ROAD GATED -PRIVATE 11Q,1t41t -ir, Meeting Date: 612412013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Paul Mood, Dev. Services Director, 480-816-5129 Strategic Values: Maintain/Improve Community Infrastructure Council Goal: 13 Road assessment/maintenance REQUEST TO COUNCIL (Agenda Language): Consideration of Amendment No. 1 to Cooperative Purchase Agreement C2013-122 between Southwest Slurry Seal, Inc. and the Town of Fountain Hills for Micro Surfacing in an arnount not to exceed $820,000.00. Applicant: NA Applicant Contact Information: NA Property Location: Zone 7 Pavement Management Area Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): On January 17, 2013 Town Council passed Resolution 2013-02 approving the Pavement Management Program. On March 7, 2013 Town Council approved Cooperative Purchase Agreement C2013-122 with Southwest Slurry Seal in the amount of $570,000 for slurry seal in Zone 6 of the Town's pavement management area which includes residential and collector streets. The total combined contract price with amendment no. 1 is $1,390,000. Amendment No. 1 to the Cooperative Purchase Agreement will provide for the micro surfacing of Fountain Hills Blvd., Palisades Blvd. and the public street in leading into Eagle Mountain located within Zone 7 pavement management area. The contract amendment also includes a 3% contingency. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Not to exceed $820,000 Budget Reference (page number): NA Funding Source: Multiple Funds If Multiple Funds utilized, list here: C1 Fund and HURF Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of Amendment No. 1 to Cooperative Purchase Agreement C2013-122. List Attachment(s): Amendment No. 1 and Zone 7 Pavement Management Map Page 1 of 2 Return to Age SUGGESTED MOTION (tor council use): Move to approve Amendment No. 1 to Cooperative Purchase Agreement C2013-122 Between Southwest Slurry Seal, Inc. and the Town of Fountain Hills in an amount not to exceed $820,000.00. Prepared by: NA 611012013 Director's Apr al: P 1 Mood, eveiopment Services Director 6110/2013 Approved: Ken uchanan, Town Manager 6110/2013 Pate 2 ort Return to Agenda Contract No. 2013-122-A.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOUTHWEST SLURRY SEAL, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of June 20, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Southwest Slurry Seal, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Scottsdale entered into Contract No. 12PBO18 dated November 22, 2011, as extended, with the Contractor for the Contractor to apply slurry seal treatment and related services to major roads in lots "B" and "C" (the "Scottsdale Contract"). B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated March 7, 2013, based upon the Scottsdale Contract (the "Agreement"), for the Contractor to provide the Town with a slurry seal treatment and related services to various roads in the area referred to as Zone 6 (the "Materials and Services"). C. The Town has determined that additional Materials and Services by the Contractor are necessary to carry -out the Town's pavement management program in Zone 7. D. The Town and the Contractor desire to enter into this First Amendment to (i) provide for the cost of and purchase additional Materials and Services and (ii) extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of the Agreement. The term of the Agreement is hereby extended and shall remain in full force and effect until June 30, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation. The Town shall increase the compensation to Contractor by $820,000.00, from $570,000.00 to an aggregate amount not to exceed $1,390,000.00, of which $23,944.00 is an owner's contingency which shall be utilized at the Town's sole discretion, for 1963174.1 Return to Agenda the Materials and Services at the rates as set forth in the Scottsdale Contract and the quotation dated May 15, 2013, which is attached hereto as Exhibit A and incorporated herein by reference. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1963174.1 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. (affix notary seal here) 1963174.1 Notary Public in and for the State of Arizona "Contractor" SOUTHWEST SLURRY SE , INC., an Arizona corporation By: Name: Title: ���S:�i�[ (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) Return to Agenda This instrument was acknowledged before me on June 3(4, 2013, by 1RkCkoara tiro -Ix as k�re* Lke-ki of SOUTHWEST SLURRY SEAL, INC., an Arizona corporation, on behalf of the corporation. Gonna R. Bommann Notary Public - Arlsana Maricopa County My Commission Expires elarch , Zot 1463174.1 4 Notary Public in and for the State of Arizona EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOUTHWEST SLURRY SEAL, INC. [Quotation] See following page. 1963174.1 Return to Agenda Return to Agenda OUTHWEST LURRY SEAL, INC. 22855 NORTH 21 ss AVENUE, PHOIENIX, ARIZONA 85027 TELEPHONE: 623-582-1919, TUCSON 520-323-2503, FAX 623-434-8805 Arizona License # R00031093 A, 9ROCG6977 A -l4 Commercial, ROC 055433 C-13 Residential — Bonded, Insured Proposal Proposal submitted to: Town of Fountain Hills Phone. 480-816-5100 Date: May I5, 2013 Street 16705 E. Avenue of the Job Name: Fountain Hills. Fountains Microsurfacing Fall 2013 City State and Zip Fountain Hills AZ 85268 Job Location: Town of Fountain Hills Requested by: Ken Kurth Fax: w We hereby submit specifications and estimares for: The resurfacing of various locations in Zone 7. DESCRIPTION OF WORK: 1. Install microsurfacing to various streets in Zone 7 as required by the Town of Fountain Hills. All materials and requirements shall be as specified in the City of Scottsdale Street Repairs contract for Lot B. Price includes traffic control. PRICING FOR MICROSURFACINC: The estimated cost for applying type 3 microsurfacing is based on the following : 328,000 square yards @ S2.28(Scottsdale micro price) + SO.147(Fountain Hills sales tax) = 52427 Per square yard = S796,056.00. PROVISIONS: Quantities are estimates provided by the Town of Fountain Hills. We propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of.- SEVEN f SEVEN HUNDRED NINETY-SIX THOUSAND FIFTY-SIX and no1100--- --- Dollars (S796,056.00) These prices INCLUDE sales far. Payment to be made as follows: AS PFRSCOM, DALE CO ?ACT All material is guaranteed to be as specified. All work is to be completed in a workmanlike manncr according to standard practires. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements arc contingent upon stnk s, accidents or delays beyond our control. Authorized 2 `r Signature: / Richard FrSncig, Prdsident Owner will carry fire, lomado and other necessary Insurance. Our workers arc fully covered by Workmen's Compensation lnsurance. Owner will pay our attorney fins and other mjmucs in connection with Owner's default. Interest may be charged at the rue of 1 F %per month on accounts 30 days past due. All disputes arising under this km=ment shall be submitted to the American Arbitration Association. Note; This proposal may be withdmur by us Vow accepted within 'moi days If accepted please sign, date and return this copy to Southwest Slurry Seal; retain copy for your tiles Ac=ptancc of proposal — The above pries, specifications and conditions are satisfactory and are hcrcby accepted. You are amhofrzcd to do the work as specified. payment will be made as outlined above Signature: Date of Acec%ancc: Return to Agenda o��A,u,,,,Town of Fountain Hills ZONE 7 PAVEMENT MANAGEMENT 2013 •+'hais + i`o MAP DATE: 5-6-13 LEGEND MICRO SURFACE -? MILL & OVERLAY PRIVATE ROAD GATED -PRIVATE eo 4o���cAtNj� a x Y _ _ ghat es AY�`ti� Meeting Date: 6/2012013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: 'Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Paul Mood, Dev. Services Director, 480-816-5129 Strategic Values: Maintainflmprove Community Infrastructure Council Goal: 13 Road assessment/maintenance REQUEST TO COUNCIL (Agenda Language): Consideration of Amendment No. 2 to Cooperative Purchase Agreement C2013-120 between Cactus Asphalt and the Town of Fountain Hills For Crack Sealing in an amount not to exceed $186,000.00. Applicant: NA Applicant Contact Information: NA Property Location: Zone 7 Pavement Management Area Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): On January 17, 2013 Town Council passed Resolution 2013-02 approving the Pavement Management Program. On March 7, 2013 Town Council approved Cooperative Purchase Agreement C2013-120 with Cactus Asphalt in the amount of $125,000 for crack sealing work in Zone 6 of the Town's pavement management area. Amendment No. 1 was approved on May 2, 2013 for an additional $100,000. The total combined contract price with amendment no. 2 is $1,061,000. Amendment No. 2 to the Cooperative Purchase Agreement will provide for crack sealing in Zone 7 of the Town's pavement management area. The roads to receive crack seal treatment include Fountain Hills Blvd., Palisades Blvd. and the public street leading into Eagle Mountain prior to micro surfacing. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Not to exceed $186,000 Budget Reference (page number): NA Funding Source: Multiple Funds If Multiple Funds utilized, list here: C I P Fund & HURIF Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of Amendment No. 2 to Cooperative Purchase Agreement C2013-122. List Attachment(s): Amendment No. 2 and Zone 7 Pavement Management Map Pagel cf 2 Return to Agenda SUGGESTED MOTION (tor Council use): Move to approve Amendment No. 2 to Cooperative Purchase Agreement C2013-120 between Cactus Asphalt and the Town of Fountain Hills in an amount not to exceed $186,000.00. Prepared by: NA 611012013 Director's Approval. Paul Mgdd, Dev opment rvices Director 6110/2013 Appr ved: Ken Buchanan, own Manager 6/10/2013 Pacc 2 of 2 Return to Agenda Contract No. 2013-120-A.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CACTUS TRANSPORT, INC., d/b/a CACTUS ASPHALT THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "Second Amendment") is entered into as of June 20, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Cactus Transport, Inc., an Arizona corporation, d/b/a Cactus Asphalt (the "Contractor"). RECITALS A. After a competitive procurement process, the State of Arizona, Department of Transportation entered into an agreement for TRACS/Project No. 085PM042 H804901C STP- 085-A(202)T dated August 24, 2012, with the Contractor for the Contractor to apply polymer chip seal coat and related services on the Gila Bend-Lukeville Highway (the "ADOT Contract"). B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated March 7, 2013, based upon the ADOT Contract (the "Initial Agreement"), for the Contractor to provide the Town with crack sealing and related services to various roads in the area referred to as Zone 6 (the "Materials and Services"). C. The Initial Agreement was amended once on May 2, 2013, to purchase additional Materials and Services and increase Contractor's compensation. The Initial Agreement and the First Amendment are collectively referred to herein as the "Agreement." D. The Town has determined that additional Materials and Services by the Contractor are necessary to carry -out the Town's pavement management program in Zone 7. E. The Town and the Contractor desire to enter into this Second Amendment to (i) provide for the cost of and purchase additional Materials and Services and (ii) extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: I . Term of the Agreement. The term of the Agreement is hereby extended and shall remain in full force and effect until June 30, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 1963829.1 Return to Agenda 2. Compensation. The Town shall increase the compensation to Contractor by $186,000.00, from $225,000.00 to an aggregate amount not to exceed $411,000.00, for the Materials and Services at the rates as set forth in the ADOT Contract and the fee proposal dated May 20, 2013, which is attached hereto as Exhibit A and incorporated herein by reference. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this Second Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 5. Conflict of Interest. This Second Amendment and the Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1963829.1 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1963829.1 3 Return to Agenda "Contractor" CACTUS TRANSPORT, INC., an Arizona corporation, d/b/a CACTUS ASPHALT Name: /,/ C, -� ►� r 1 Title:5�vt� (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF .MARICOPA ) This instrument was acknowledged before me on June , 2013, by 'luke 7v 14 Y- % �:A as 12f ' r CACTUS TRANSPORT, INC., an Arizona corporation, d/b/a CACTUS ASPHALT, on behalf of the corporation. EyARMINDA PALACIQ Notary Public - Arizona Maricopa County Comm.Camm. Expires Dec 21, 2013 No ary Public in and for the State of Arizona (affix notary seal here) 1963829.1 4 EXHIBIT A TO SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CACTUS TRANSPORT, INC., d/b/a CACTUS ASPHALT [Fee Proposal] See following page. 1963829.1 Return to Agenda Return to Agenda _CACTUS A S P H A L T To: Town Of Fountain Hills Contact: Ken Kurth Address: 16705 E. Avenue Of The Fountains Phone: (480) 816-5150 - Per ADOT CONTRACT- & SPECIFICATIONS Fountain Hills, AZ 85268 Fax: (480) 837-8328 Project Name: Town Of Fountain Hills - Crackseal Zone 7 Bid Number: 001 Project Location: Zone 7 - Major Streets, Fountain Hills, AZ Bid Date: 5/20/2013 Item # Item Description Estimated Quantity Unit Unit Price Total Price 9240116 CRACK -SEALING (— 328,000 SY): 149,000.00 LB $1.10 $163,900.00 - Per ADOT CONTRACT- & SPECIFICATIONS 085 PM 042 HBG4901C STP-085-A(202)T 1020 TRAFFIC CONTROL: 1.00 LS $5,500.00 $5,500.00 - Temporary Signs, Cones & Truck Mounted Attenuator 9010001 MOBILIZATION: 1.00 LS $5,000.00 $5,000.00 - Costs Associated With Moving Equipment, Materials And Labor To And From Job Site For Duration Of Project Bid Price Subtotal: $174,400.00 Maricopa County, State And Fountain Hills 6.43500/o: Total Bid Price: $11,222.64 $185,622.64 Notes: • Standard Terms and Conditions to follow. • All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt. • Cactus is not responsible for removal of vehicles and property from work areas. • Quantities provided by the Town of Fountain Hills. In the event that quantiles differ from above, the billed amount will reflect agreed upon measured quantities. • EXCLUSIONS: Tax, Bonds, Permits, Plans, Engineering, Survey, Staking, As-Builts, Testing, Inspection, Gradework, Landscape Areas, Weed Killer, Crack Routing, Asphalt Patching, Landscape Materials, Vegetation Replacement, Prime Coat, Concrete Structures, Utility Removal or Relocation, Drywells, Rip/Rap, Striping, Signage, Removal of Debris Generated by Other Trades, SWMP Erosion Control, Project Information Sign And Any Special Insurance Requirements. ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: CONFIRMED: Cactus Asphalt Signature: Authorized Signature: Date of Acceptance: Estimator: John Flores 5/21/2013 3:55:32 PM Paving Seal Coating Crack Sealing Patching Chip Sealing Fabric Overlay More Contractors Licenses: AZ - 194430 NV - 0040581 NM - 022995 UT - 944049-5501 t623-907-2800 f623-907-2900 cactusasphalt.com 8211 W. Sherman St. Tolleson, AZ 85353 Page 1 of 2 TERMS AND CONDITIONS GENERAL Return to Agenda Owner shall notify Cactus Asphalt (Cactus) when the premises will be ready for work to commence, and shall give unobstructed access to all areas where work is to be done Any necessary towing shall be the responsibility of the owner Cactus is not responsible for any utility lines (water, electric, sprinkler, communications, cable, etc.) which may lie within eighteen inches (18") of the surface. Owner responsible for supplying all known layouts of any such utility lines which are known to exist. Cactus is not responsible for damage to undisclosed, unknown or improperly placed lines. If Cactus encounters underground utilities, debris, ground water, underground storage tanks, hazardous material, "hard dig" soils; or any material or substance regulated by federal, state, local law, ordinance, or regulation, any other environmental issue or concern, or other concealed conditions that were unknown to Cactus before submission of this Proposal, the contract price shall be equitably adjusted to compensate Cactus for any additional work performed or damages incurred as a result of any concealed conditions. At Cactus' sole discretion, Cactus may stop all work on the project, until the parties have reached an agreement, in writing, concerning any such equitable adjustment, and Cactus shall have no obligation to perform any work which, as determined by Cactus, directly or indirectly involves any environmental risk or hazard. The Owner is responsible for ensuring that all surfaces are kept in a condition acceptable to the application of the agreed upon product - This includes ensuring that all automatic sprinklers that may place water on the surface are turned off. Any delay caused by failure to perform the above may be charged to owner at the appropriate rate. Cactus is not responsible for ponding water where grade is less than 2%. Owner is to provide an acceptable water source. Cactus is fully licensed and insured. All Cactus employees are covered by Worker's Compensation Insurance. Unless otherwise noted, the prices contained within this agreement do not include the costs of permits or bonds WARRANTY: All work performed by Cactus is covered by a one year warranty on workmanship. Normal wear and tear, abuse, weather, and other acts of God are excepted. PAYMENT AND TAXES By law, taxes may only be waived upon receipt of a valid exemption certificate. Taxes are determined in accordance with the jurisdiction where the work is performed. Unless otherwise stated within this agreement, all payment is due upon completion. In addition to other terms contained elsewhere in this proposal, Owner agrees to pay a service charge at the rate of 2% per month on all accounts that become 10 days past due. All costs of collection, as well as attorney's fees, will be added to the balance and interest due. Cactus reserves the right (without further notice) to terminate this agreement if work is stopped for 30 or more days because of a failure to make progress payments or other delay not caused by Cactus. In such event Cactus reserves the right to recover payment for all work performed, including reasonable overhead; profit and damages. The laws of the State of Arizona shall govern this agreement. If a court finds that any provision of this agreement is not valid, that fact, by itself, shall not mean the rest of this agreement is not valid. Therefore, a court may enforce the remaining provisions of the agreement. HELPFUL INFORMATTON Work performed under this contract is subject to a mechanic's/materialmen's lien by any contractors/suppliers who provide services or materials on the project. To avoid perfection of any liens you may ask this contractor for "lien waivers' from all persons supplying material or services on this project. Return to Agenda Town of Fountain Hills ZONE 7 PAVEMENT MANAGEMENT 2013 • iQat is !.r`4c N W E 0 0.5 SCALE OF MILES MAP DATE: 5-6-13 LEGEND � MICRO SURFACE � MILL & OVERLAY PRIVATE ROAD GATED -PRIVATE i Return to Agenda eQ- �zAIN y TOWN OF FOUNTAIN HILLS �Z72 n TOWN COUNCIL ©i Meeting Date: 6120/2012 Agenda Type: Consent AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Fire Department Staff Contact Information: Randy Roberts, Interim Fire Chief (480) 816-5114 Council Goal: Strategic Values: Public Safety, Wealth Welfare Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a purchase agreement between the "Town of Fountain Hills and L.N. Curtis and Sons through the Mohave Cooperative Purchasing Cooperative for twenty (20) Self Contained Breathing Apparatus (SCBA's) in the amount of $73,449.06 Applicant: Randy Roberts Applicant Contact Information: 480-816-5114 Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background):. L. N. Curtis & Sons has been awarded the contract through Mohave Educational Services Cooperative contract for Self Contained Breathing Apparatus. Through the contract with Mohave the vendor is offering a promotional deal for SCBA's through June 29, 2013 that is significantly less than the awarded price at $2,903.50 - taking advantage of this promotional offer will save the Town approximately $30,000. The purchase of replacement SCBA's will continue to provide our firefighters with a safe and reliable source of breathing air in dangerous atmospheres with some substantial improvements. The current air packs are 14 years old and not in good condition and are in need of constant repair. Spare parts no longer available (we are dismantling three packs for parts). The combination of age, call volume and high training hours has contributed to the degradation of our existing SCBAs. This purchase will allow us to upgrade critical protective equipment that will increase firefighter safety and increase our ability to respond and provide services to our citizens. Staff intends to pursue grant funds to reimburse the cost of the units, however, there were funds included in the General Fund in the event that the grant requests are denied. Risk Analysis (options or alternatives with implications): After June 29 the unit price for each SCBA will increase by 52% - total cost would be $108,000. Fiscal Impact (initial and ongoing costs; budget status): $73,449.06 Budget Reference (page number): 250 Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Page t of 2 Return to Agenda Staff Recommendation(s): Approval of the purchase of 20 Draeger SCBA's with spare cyli..__. _ .. _... L.N. Curtis through the Mohave Cooperative Purchase promotional offer. List Attachment(s): SUGGESTED MOTION (tor Council use): Move to approve the purchase of 20 Draeger Self Contained Breathing Apparatus units from L. N. Curtis & Sons through a Mohave Cooperative Purchasing agreement in the amount of $73,449.06. Prepared by: Randy Roberts, Assistari Fire Chief 6113/2013 Director's Approval: colt LaGreca, Fire Chi Approv d: ,A A 1, N I I f% �2 Ken fthanan, Town Manager 6/2012013 Page 2 of 2 Return to Agenda L.N.CuRTis & SONS TOOLS FOR HEROES@ QUOTATION since 1929 XBNQ IP BQ DATE: June 11, 2013 TERMS: NET 30 F.O.B: Destination Delivery: 4-6 Weeks This quotation subject to acceptance within 18 days. Shipment contingent upon strikes, fires, accidents or other delays beyond reasonable control of the company. Fountain Hills Fire Department L N. CURTIS and Sons retains ownership and title to all equipment until fully paid for in legal moneyoftheUnitedStatesofAmerica. Attn: 'Chief LaGI•eca, AC Roberts All prices quoted are subject to applicable Federal, State, County or City Taxes and Licenses. Fountain Hills, AZ L.N. CURTIS AND SONS THANK YOU FOR THE OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU HAVE QUESTIONS, NEED ADDITIONAL INFORMATION, OR WOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT Gary Norton or David Lindley QTY I PART NUMBER I DESCRIPTION I UNIT PRICE I TOTAL 20 4058652 Drager PSS7000 SCBA complete with the following: $2903.50 $58,070.00 - Quick disconnect cylinder attachment - Sentinel 7000 PASS system - Lung demand 2nd stage valve - 405860140" Buddy Breather w/pouch - 45/45 cylinder, Blue - Medium Facepiece with HUD, w/ hairnet 20 4055698 Draeger 45/45 Spare Cylinder, Blue $487.50 $9750.00 Sub -Total $67,820.00 8.3% Tax $5629.06 Total $73449.06 **Will be available on the Mohave Contract" 4647 South 33rd Street e Phoenix, AZ 85040 e Phone 877.453-3911 o Fax 602-453-3910 www.LNCURTIS.com Return to Agenda COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS AND SONS, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of June 20, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and L.N. Curtis and Sons, Inc., a California corporation (the "Vendor"). RECITALS A. After a competitive procurement process, Mohave Educational Services Cooperative, Inc. ("Mohave"), entered into Contract No. I IH-LNCS-1201 dated November 22, 2011, as extended (the "Mohave Contract"), for the Vendor to provide fire turnouts and fire related equipment. A copy of the Mohave Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-13 of the Town Code, to make purchases under the Mohave Contract, at its discretion and with the agreement of the awarded Vendor, and the Mohave Contract permits its cooperative use by other public entities including the Town. C. The Town and the Vendor desire to enter into this Agreement for the purpose of (i) acknowledging a cooperative contractual relationship between the Town and the Vendor, (ii) establishing the terms and conditions by which the Vendor may provide the Town with Drager self-contained breathing apparatus and cylinders, as more particularly set forth in Section 2 below (the "Equipment") and (iii) setting the maximum amount to be expended pursuant to this Agreement related to the Equipment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: I. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until December 1, 2013, unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement or the Mohave Contract. 2. Scope of Work. Vendor shall provide the Equipment under the terms and conditions of the Mohave Contract and as set forth in the Quotation attached hereto as Exhibit B and incorporated herein by reference. 1%7753.1 Return to Agenda 3. Inspection: Acceptance. All Equipment is subject to final inspection and acceptance by the Town. Equipment failing to conform to the requirements of this Agreement and/or the Mohave Contract will be held at Vendor's risk and may be returned to the Vendor. If so returned, all costs are the responsibility of the Vendor. Upon discovery of non -conforming Equipment, the Town may elect to do any or all of the following by written notice to the Vendor: (A) waive the non-conformance; or (B) bring the Equipment into compliance and withhold the cost of same from any payments due to the Vendor. 4. Compensation. The Town shall pay Vendor an amount not to exceed $74,127.26 for the Equipment at the unit rates as set forth in the Quotation attached hereto as Exhibit B and in the Mohave Contract. 5. Payments. The Town shall pay the Vendor, based upon acceptance and delivery of the Equipment, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Mohave Contract and (ii) document and itemize all Equipment delivered and accepted. The invoice statement shall include a record of Equipment delivered in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Mohave Contract will be subject to rejection and may be returned. 6. Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under Section 7 below, Vendor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Vendor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Vendor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 7 below. To the extent necessary for the Town to audit Records as set forth in this Section, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 7. E -verify Requirements. To the extent applicable under Akiz. REV. STAT. § 41- 4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under AM. REV. STAT. § 23-214(A). Vendor's or its subcontractors' failure to 1467753.1 2 Return to Agenda comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 8. Scrutinized Business Operations. Pursuant to AM. REV. STAT. §§ 35-391.06 and 35-393.06, the Vendor certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this section the term "scrutinized business operations" shall have the meaning set forth in ARiz. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town determines that the Vendor submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARiz. REV. STAT. § 38-511. 10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 11. Agreement Subiect to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and AW. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Mohave Contract and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Mohave Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Mohave Contract shall not alter or relieve Vendor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 13. Rights and Privileges. To the extent provided under the Mohave Contract, the Town shall be afforded all of the rights and privileges afforded to Mohave and shall be "Mohave" (as defined in the Mohave Contract) for the purposes of the Mohave Contract. 1967753.1 Return to Agenda 14. Indemnification: Insurance. In addition to and in no way limiting the provisions set forth in Section 13 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Mohave to the extent provided under the Mohave Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Vendor's obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. (SIGNATURES ON FOLLOWING PAGES] 1967753.1 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) } ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2413, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) (SIGNATURES CONTINUE ON FOLLOWING PAGE] 1967753,1 5 Return to Agenda "Vendor" L.N. CURTIS AND SONS, INC., a California corporation By: Name: Title: �2 (ACKNOWLEDGMENT) STATE OFF,�' SS. COUNTYOF This instrum t s a o Iedged before me on 2013, a as -5�"4Qr UP of L.N. CURTIS AND SONS, INC., a Californil corporation, on behalf of the corporation. ROY ANDERSON II Notary Public - Arizona Pinal County My Comm. Expires Jan 31, 2016 karlix notarf9seM nere)— 196775].1 that is A1`1!;illlll"` Meeting Date: 612012013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Ken Buchanan, Town Manager, kbuchananC@fh.az.gov, 480-816-5130 Strategic Values: Economic Vitality Council Goal: Develop comprehensive economic strategy REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the PROFESSIONAL SERVICES AGREEMENT between the Town of Fountain Hills and the Horizon Real Estate Group, Inc., to promote commercial business in Fountain Hills in accordance with the adopted Fountain Hills Economic Development Plan. Applicant: Ken Buchanan, Town Manager Applicant Contact Information: nla Property Location: nla Related Ordinance, Policy or Guiding Principle: nla Staff Summary (background): The Town Council approved the issuance of a Request for Proposals for a qualified commercial real estate broker, licensed in the State of Arizona, to promote/market the Town for new commercial business on a year-round basis. Among other things, responsibilities will include conducting monthly "meet and greet" opportunities for all potential commercial businesses, as well as contracting with a minimum of three commercial real estate listing services to help promote Fountain Hills as a potential spot for business. Risk Analysis (options or alternatives with implications): nla Fiscal Impact (initial and ongoing costs; budget status): n/a Budget Reference (page number): nla Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): nla Staff Recommendation(s): Approve the Professional Services Agreement with Horizon Real Estate Group, Inc. to promote commercial business in Fountain Hills. Page 9 of 2 Return to Agenda List Attachment(s): Professional Services Agreement between the Town of Fountain Hills _.._ .._..__....eal Estate Group, Inc.; Response to Request for Proposals submitted by NAI Horizon. SUGGESTED MOTION (for Council use): MOVE TO APPROVE the Professional Services Agreement between the Town of Fountain Hills and Horizon Real Estate Group, Inc. to promote commercial business in Fountain Hills in accordance with the adopted Fountain Hills Economic Development Plan, Approved: IL amt� Ken Efuchanan, Town Manager 6/6/2013 Page 2 of 2 Return to Agenda PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HORIZON REAL ESTATE GROUP, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into as of June b, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Horizon Real Estate Group, Inc., an Arizona corporation, d/b/a NAI Horizon (the "Broker"). RECITALS A. The Town issued a Request for Qualifications, "Promotion of Commercial Business in Fountain Hills" (the "RFQ"), a copy of which is on file in the Town Clerk's Office, seeking statements of qualifications from vendors for professional real estate consulting and brokerage services. B. The Broker submitted a Statement of Qualifications (the "SOQ") in response to the RFQ, which is attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an agreement with the Broker to promote commercial business in Fountain Hills (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Broker hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until June 30, 2014 (the "Initial Term"), unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) at least 30 days prior to the end of the then -current term of the Agreement, the Broker requests, in writing, to extend the Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Broker's failure to seek a renewal of this Agreement shall cause the Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Broker, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 1950466.4 Return to Agenda 2. Scope of Work. Broker shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit B and incorporated herein by reference. 3. Exclusive Appointment; Broker Responsibilities. The Town hereby appoints Broker as the sole and exclusive agent of the Town for the purpose of providing the Services in an effort to generate commercial property leases and sales for new and expanding business within the corporate limits of the Town. During the term of this Agreement, the Broker shall use commercially reasonable efforts to promote, obtain, and consummate lease(s) and/or sales of various property within the corporate limits of the Town. Broker shall also provide the following: 3.1 Availability. Broker shall be and remain available at reasonable times and places to consult with the Town in connection with the above-described sales and/or lease(s) of property. 3.2 Time and Effort. Broker shall devote such effort and time as required to provide or perform the Services in a good and workmanlike manner. 3.3 Advertising. Broker may advertise, at its own expense, the various Town - owned properties from time to time in various newspapers, magazines and publications and may prepare and distribute Broker mailers and direct mailers related to properties in Fountain Hills. Such advertisement of Town -owned properties may be in conjunction with advertisement of other properties for which the Broker has authority. 3.4 Cooperation with Other Real Estate Professionals. Broker shall cooperate with and provide real estate professionals with any and all information, records and docu- mentation pertaining to available Fountain Hills properties that are not subject to confidentiality by Broker. 3.5 Broker to Provide Information. During the term of this Agreement, Broker shall provide the Town with any market studies it produces or obtains that relate to property in Fountain Hills or similar projects in the Phoenix metropolitan area. During the term of this Agreement, Broker shall periodically make recommendations to the Town concerning the marketing of Fountain Hills property for sale and ways to improve the marketability of Fountain Hills property for sale. In no event shall the Town be obligated to implement any such recommendations. 3.6 Dual Representation. In its efforts to best represent the Town, Broker will actively solicit the largest possible range and selection of potential buyers in attempting to affect a sale or lease of property in Fountain Hills. In doing so, Town hereby acknowledges that Broker may and is hereby permitted and authorized by Town to solicit such potential buyers and to represent any such potential buyer as that party's agent with respect to any offer to purchase, negotiations of the terms and conditions of said purchase and the actual purchase and sale or lease of property to any such buyer. The Town further acknowledges that Broker's representation of any such buyer may be simultaneous with Broker's representation of the Town and this conflict of interest will prohibit Broker from advocating exclusively on the Town's 1950466.4 2 Return to Agenda behalf while attempting to affect a sale or lease of property. The Town hereby affirms and authorizes the creation of said dual agency. 3.7 Costs. Broker shall be responsible for all costs associated with typical information to be distributed regarding Town -owned properties such as industry -standard single - page, double -sided advertising flyers prepared by Broker for properties that the Town has exclusively listed with the Broker, but shall not, without the prior, written concurrence of the Town, incur costs for items Broker would consider "additional cost items" that Broker expects the Town to pay. Examples of "additional cost items" include third -party reports or studies relating to Town property and large-scale advertising such as full-page newspaper or magazine advertisements or brochures. 4. Broker's Representations. Broker acknowledges that the Town is entering into this Agreement in reliance on Broker's special abilities with respect to the sale and/or leasing of commercial properties similar to property within Fountain Hills. Broker represents and warrants that Broker will use its best reasonable efforts, skill, judgment and abilities to market and show Fountain Hills property, offer such property for sale or lease and procure prospective parties for such property. Broker further represents and warrants that it will perform under this Agreement in accordance with the highest professional standards in compliance with all applicable laws. Town Responsibilities. 5.1 Referrals, Property Data and Owner/Broker Cooperation. During the term of this Agreement, Town agrees to refer to Broker all inquiries with respect to leasing and sale of property within the corporate limits of the Town and shall disclose all prospective tenants to Broker. Town agrees to cooperate with Broker in bringing about the leasing and sale of property and shall provide to Broker all relevant data, records and documentation pertaining to property within Fountain Hills that will assist Broker in promoting leasing and selling the property. 5.2 Advertising. Costs of brochures and other advertising materials approved by the Town shall be paid by the Town, except that the costs of industry -standard single -page, double -sided advertising flyers prepared by Broker shall be paid by Broker as set forth in Subsection 3.7 above. 6. Compensation. The Town shall pay Broker a consulting fee of $225 per hour for the performance of consulting and marketing services not related to the sale or lease of property owned by the Town. All fees derived by the Broker in connection with sale or lease of property in connection with this Agreement shall be through separate agreement between the Broker and property owners or tenants/buyers. Fees in connection with properties for sale or lease that are owned by the Town will be determined between the Broker and the Town through separate agreement. 7. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 1950466.4 3 Return to Agenda 8. Broker Personnel. Broker shall provide adequate, experienced personnel, capable of and devoted to the successful completion of the Services to be performed under this Agreement. Broker agrees to assign specific individuals to key positions. Broker agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Broker shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 9. Licenses: Materials. Broker shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Broker. The Town has no obligation to provide Broker, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Broker. 10. Indemnification. To the fullest extent permitted by law, each party hereto shall indemnify, defend and hold harmless the other party and each member, officer, employee or agent thereof (any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the other party, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Broker, Broker shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Broker. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Broker from, 1450466.4 4 Return to Agenda nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Broker's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Broker. Broker shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. G. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Broker shall be solely responsible for any such deductible or self-insured retention amount. H. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Broker shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Broker. Broker shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. I. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Broker will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Broker's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the 1950466.4 5 Return to Agenda declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. In the event any insurance policy required by this Agreement is written on a "claims made" basis, coverage shall extend for two years past completion of the Services and the Town's acceptance of the Broker's work or services and as evidenced by annual certificates of insurance. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Broker's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CO 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Broker's insurance shall be primary insurance with respect to performance of the Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Broker under this Agreement. (4) A 30 -day advance notice cancellation provision. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 1950466.4 6 Return to Agenda 11.2 Required Insurance Coverage. A. Commercial General Liability. Broker shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section In is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Broker shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Broker's owned, hired and non -owned vehicles assigned to or used in the performance of the Broker's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Broker engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Broker shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Broker, or anyone employed by the Broker, or anyone for whose negligent acts, mistakes, errors and omissions the Broker is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of the Services, and the Broker shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above. Confidential information such as the policy premium or proprietary information may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. 1950466.4 7 Return to Agenda D. Workers' Compensation Insurance. Broker shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Broker's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination: Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Broker of written notice by the Town. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non -defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non -defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Broker for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Broker in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Broker for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 12.5 Gratuities. The Town may, by written notice to the Broker, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Broker or any agent 1950466.4 8 Return to Agenda or representative of the Broker to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision; the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Broker an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Broker fully informed as to the availability of funds for the Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Broker shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. The Broker acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Broker, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Broker, its employees or subcontractors. The Broker, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Broker meets the requirements of its agreed Scope of Work as set forth in Section 2 above and in Exhibit B. Broker is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Broker do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Broker shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Broker is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Broker. 1950466.4 9 Return to Agenda 13.12 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.13 INTENTIONALLY LEFT BLANK. 13.14 INTENTIONALLY LEFT BLANK. 13.15 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (I3) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below:. If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn; Kenneth W. Buchanan, Town Manager With copy to: GUST RoSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Broker: NAI Horizon 2944 N 44th St #200 Phoenix, AZ 85018 Attn: Terry A. Martin -Denning or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S.. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.16 Confidentiality of Records. The Broker shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or 1950466.4 Return to Agenda employees, except as required to perform Broker's duties under this Agreement. Persons requesting such information should be referred to the Town. Broker also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Broker as needed for the performance of duties under this Agreement. 13.17 Records and Audit Rights. To ensure that the Broker and its subcontractors are complying with the warranty under subsection 13.18 below, Broker's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Broker and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Broker's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Broker's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.18 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Broker and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Broker pursuant to this Agreement. Broker and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Broker or its subcontractors reasonable advance notice of intended audits. Broker shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.18 E -verify Requirements. To the extent applicable under ARIZ. REv. STAT. § 41-4401, the Broker and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT. § 23-214(A). Broker's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.19 Scrutinized Business Operations. Pursuant to ARIZ. REv. STAT. §§ 35- 391.06 and 35-393.06, the Broker certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this subsection the term "scrutinized business operations" shall have the meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town determines that the Broker submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement pursuant to subsection 12.2 above. 13.20 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the RFQ and the Broker's SOQ, the documents shall govern in the order listed herein. 1950466.4 12 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) (SIGNATURES CONTINUE ON FOLLOWING PAGE] 1950466.4 13 "Broker" HORIZON REAL ESTATE GROUP, INC. an Arizona corporation, d/b/a NAI Horizon By: -� r� Name: v. -t f Title: 644) (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) Return to Agenda This instrument was acknowledged before me on 4Lla , 2013, by d, s C�4 �x� of HORIZON REAL ESTATE GR P, INC., an Arizona corp ation, d/b a NAI orizon, on -behalf of the corporation. AlnL "OWYPubk-ArImm r//f//�% /(jam//(////f�j/ -1 _' + COUM7My RP /MWrG!X iii a rC N4 2013"" Notary Public in and for the State of Arizona a ix notary-sCal ffeifreT 19504466.4 14 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HORIZON REAL ESTATE GROUP, INC. [SOQ] See following pages. 1950466A Return to Agenda ,��; � t �. '� �� fff ����� t 1 l JJ i `* � �� _.- . w ,, ,�.. �.Li. s :� �+_ ..- �' i � -� ;a,,. .. )2013 NAI Horizon The contents of this proposal are intended for the individuals to whom it is presented or delivered and their company associates. Any dissemination or replication, without the express authorization of NAI Globai,.is strictly prohibited. Return to Agenda About NAI Horizon 1 - Experience & Qualifications Key Positions 5-7 Project Approach 8-10 Project Schedule 11 2-4 I Q z s r { r r � �f��+. Win. 'S� ��� '+( � ;•��• „��,., 1 r S ` � _•'� _ i �`' � 1. 1 �•' ..,..+ 9 / .. +r ....,L � f M f' AV lor,-p *iia }7 . @.f� �. .1 . e +e�`7i'.`'4'�t �Yi[``,:i�vJit"�cr i:7'!,�y ■ *"` .4. ,i.t ';'i r rlt-..�� �. s4. r. *h ^`.', .. I� r� s r { r r � �f��+. Win. 'S� ��� '+( � ;•��• „��,., 1 r S ` � _•'� _ i �`' � 1. 1 �•' ..,..+ 9 / .. +r ....,L � f M f' AV lor,-p *iia }7 . @.f� �. .1 . e +e�`7i'.`'4'�t �Yi[``,:i�vJit"�cr i:7'!,�y ■ *"` .4. ,i.t ';'i r rlt-..�� �. s4. r. *h ^`.', .. Return to Agenda Aitona Advantage a-oft Global Connection Since 1989, NAI Horizon has provided a full range of real estate services to local, national and international clients. We have the capacity to support all of your commercial real estate needs including site selection, property brokerage, building management and portfolio optimization. Our commercial real estate professionals facilitate millions of dollars in transactions each year and specialize in all commercial property types including office. industrial, retail. land, multifamily and investment sales. We uniquely combine an agile platform with experienced real estate teams, backed by the institutional strength of one of the world's leading property investment companies. As a member of NAI Global, we are truly set apart in the industry. Collaboration is a rare find, but at NAI, we share best practices and harness our collective intelligence to strategically assist our clients. With offices around the world, we represent the most respected names in each of those markets. Our clients come to us for our deep local knowledge and build their businesses on the power of our global presence. NAI Horizon's office is located in the Phoenix Arcadia neighborhood; east of Central Phoenix. Just a 30 minute commute to the center of Fountain Hills, the NAI Horizon Phoenix office provides a full service of brokerage, marketing, property management and valuation services to our clients, Horizon Real Estate Group Inc., dba NAI Horizon is an Arizona Corporation licensed to do business in Arizona. Locally owned, NAI Horizon is a member of NAI Global, an international network of over 5,000 agents in 55 countries, Address: 2944 North 44th Street #200 1 Phoenix, AZ 85018 Phone: 602.955.4000 Tax ID#: 86-0706291 Arizona Real Estate License #: CO002715000 Over the past five years some listing contracts have been terminated early because the agent handling the leasing left the firm and joined another brokerage company. The clients requested termination so they could continue to work with that individual agent. On occasion clients will terminate a listing contract because the owner wishes to remove the property from the market. NAI Horizon has never been removed from a service contract for inappropriate actions or unprofessional behavior. We are not able to identify each case going back 5 years. NAI Horizon was involved in a lawsuit related to a retail shopping center sale in Albuquerque, New Mexico. We represented the seller in the transaction that closed in August 2009. The buyer sued the seller and also named NAI Horizon alleging misrepresentation of financial information related to the property. NAI asserted that it had no role in the preparation or review of the financial information and that the buyer should have investigated that information as part of their due diligence. This lawsuit was dismissed after arbitration resulted in a cash settlement to the buyer, For questions concerning this SOQ contact: Michael Myrick, CCIM 2944 N 44th Street #200 Phoenix. AZ 85018 602.908.221 1 1 = + y Z �Y i Y A y .. +—. • !t 1 ,i 4 Comnitment ; performance for the client NAI Global's focus on the client predicates our commitment to perform our commercial real estate services with passion, dedication and expertise to realize maximum potential for our clients. The collaborative services platform provides an expansive yet nimble and responsive structure, enabling us to deliver superior results across the full spectrum of sectors for owners & investors, occupiers and developers of property. The team environment ensures that a combination of talent, experience, and diverse job responsibilities work together to bring Fountain Hills' goal to a successful completion. In addition to brokerage and valuation services, our extensive list of capabilities include: • Site selection • Market analysis • Due diligence consulting • Portfolio evaluation • Salelleaseback transactions • Relocation management • Fconomic incentives analysis and negotiations • Build -to -suit • Acquisition/Disposition • Investment sa€es K Qbnt success stories SPORTS GRIL, Todd Goldman 9319 N 94th Way Scottsdale. AZ 85258 (Other contact information available upon request to respect our client's privacy) Kevin Kelly 2800 Southampton fid Philadelphia, PA 19154 (Other contact information available upon request to respect our client's privacy) `'J1l' John Larsen 5365 (alae Anne Ave Suite A-29 Reno, NV 89523 (Other contact information available upon request to respect our client's privacy) Overthe course of 23 years, NAI Horizon has helped the restaurant chain Zipps grow and expand in the Arizona market. From comprehensive site selection to detailed demographic data, our retail team has become not only a brokerage service to Zipps, but a long standing trusted business advisor. NAI Horizon helped Zipps acquire their first location, Goldie's Neighborhood Cafe in Scottsdale, and will be proud to assist them in opening 3 more locations by the end of the year. Planet Fitness began as a east coast chain of exercise facilities and has made the move to expand to the west coast thanks to NAI Horizon and its retail team. With a two year long relationship building period. NAI Horizon became a trusted advisor and partner in the chain's move to Arizona. Currently, Planet Fitness has entered the market strong with 7 current locations in Arizona and 3 future locations being negotiated. Port of Subs has partnered with NAI Horizon for 12 of its 40 years in business. Due to the longevity of this business relationship, NAI Horizons retail team has successfully garnered the trust of the company and advises Port of Subs on new opportunities for growth in Arizona. With 12 locations across the Valley, Port of Subs is enjoying a prosperous portfolio due in part to its relationship with NAI Horizon. Return to Agenda C ;Men[ success stories Michael Myrick and his team were responsible for coordinating the only medical buifd-to-suit in 2009 during the economic downturn. The project was a huge success and was 90% pre -leased before construction broke ground. Mercy Medical Commons is a 48,000 SF Class A medical office building in a prime location off the Loop 202 in Gilbert, Arizona. Adrian Evarkiou 602-499-4333 (Other contact information available upon request to respect our client's privacy) Michael Myrick and his team were involved in site selection, tenant 'rAk EXPRESS SCRIPTS' •I1 representation, and negotiations with the city regarding tax increment .11111W financing and tax credits to bring Express Scripts to Tempe. Founded Express Scripts EKelly in 1986, Express Scripts makes the use of prescription drugs safer and x (Other contact information more affordable for tens of millions of consumers through thousands available upon requestto respect our client's privacy) of employers, ers, 9overnment, union and health plans. By assisting In the move to Tempe, Myrick and his team aided in the creation of 1,000 high paying jobs locally. Duro Bag Company, based in Florence, KY is the world's largest manufacturer of paper grocery bags. Towards the expiration of the lease term at Dura Bag's manufacturing plant in Phoenix, NAI Horizon was engaged to prepare a top-down assessment of the current plant and to provide a report focused on costs, logistics and supply chain Larry Bergman management to determine the viability of this location. Following the Duro Bag Board of Investors recommendations and counsel provided in the report, NAI Horizon 4695 Lake Forest Dr Cincinnati, Fo 45242 successfully renegotiated a 7 year lease term for Duro Bag. As well, our (Other contact information available strategy called upon Duro Bag to lease a 2nd location across from the upon request to respect our client's privacy) primary plant. Duro Bag saved over $2,700,000 by avoiding relocation and reducing plant expenses. By establishing a 2nd location to inventory raw materials and control finished product, Duro Bag has been able to realize additional monthly savings of $15,000 in reducing their overhead. 11 i Return to Agenda "el.rnenda Team Profile Michael R. Myrick, CCIM, PRIMARY CONTACT As a tenant advisor. Mike guides his clients through the complicated process of negotiating a lease or purchase that fits the clients over-all business strategy. On the landlord side, Mike's deep tenant relationships, and his understanding of tenant needs, allows Mike to get a completed lease transaction that makes economic sense for all parties. Throughout his brokerage career, Mike has been involved in more than 500 million square feet of agency leasing transactions. Alexandi a Loye, Associate Alexandra closely tracks the office market and measures the financial and economic trends affecting the Phoenix market. This market awareness allows her to better serve her clients in an "Advisory" capacity as well as the traditional Transactional capacity. Alexandra has had three years of experience in Commercial Real Estate Research and Office Brokerage. She has been involved in agency leasing and tenant representation transactions. Chris Gerow, Senior Vice President Named by AZRE magazine as Retail Broker of the Year and awarded the NAI Global Retail Leadership Award. Chris provides 23 years of retail leasing expertise in landlord and tenant representation. He maintains attentive, ongoing relationships with regional and national tenants. Additionally, he works with developers, retailers and restaurateurs in strategizing expansion plans locally and nationally through the NAI system (see professional profile which follows). Shelby Tworek, First Vice President Shelby has led successful leasing assignments for large and small centers while working with numerous notable developers. He has also built a reputation of being one of the region's most respected tenant representatives and maintains strong relationships with local economic development and community organizations. Shelby exclusively represents regional and national retailers in Arizona. Gabriel Ortega, Vice President Gabe specializes in retail project leasing, pad and land sales. He is responsible for developing and implementing a merchandising plan and marketing strategy for each property, in addition to aggressively negotiating transactions. Gabe also participates in select tenant representations accounts (see professional profile which follows). Isy Sonabend, Senior Vice President With over 25 years of commercial real estate experience in both Arizona and California, Isy focuses his expertise on industrial properties in the Phoenix area. He has extensive kngwledge in the areas of development planning and investment sales and analysis. and is a member of the NAI Global Industrial Council and NAI Global Logistics. 05 Pi eturn to Agenda Markefing resources A • ... Primary Objectives: • Market the community of Fountain Hills to as many tenants that fit the specified criteria. • Obtain maximum cooperation from the brokerage community for the negotiation of the space. • Successfully secure businesses to locate within existing and future properties. • Maintain a long term relationship so our services become part of your development strategy. A Comprehensive, Proactive Strategy. A Talented, Diverse Teale. The Marketing Strategy will be carried out by Retail Service's experienced Landlord and Tenant Representation specialists. The strengths of each agent will be used collectively to expedite the marketing process. We formulate strategies for tenant mix, ground up development and project leasing. With an exceptional breadth of market knowledge, creativity and experience, we offer innovative approaches to maximizing a property's potential. To successfully execute the marketing strategy and facilitate the leasing process of your property, the following methods are utilized: Brochures: NAI Horizon will prepare a professional brochure with pertinent information promoting property opportunities, including information about buildings and available space. Brochures may also receive other detailed materials which might include but are not limited to: maps, comparable studies, plat maps, demographics, site plan, aerial photos, etc. Signage: NAI Horizon standard signs will be installed on the properties with owner permission. Qualified projects may be considered for additional signage along with costs and allocations if approved by the owners). Target Marketincr/Cold Calling: One of the most important aspects of our marketing effort will be contacting prospects specifically for the purpose of presenting your property. This has proven to be one of the most effective marketing tools we use. Targeted tenants will be called and given information about the market and available properties. A follow up call will also be made to verify that the Tenant is aware of the property, its benefits and the availability. Direct Mailer: Direct. hard -copy mailers will be sent to any and all possible prospects, which will be followed up with a phone call. Internal Communication/Team Effort: Weekly team meetings are held to discuss implementation and execution of strategies for each of our property listings. In addition, each listing will be presented to all in-house agents at the company's monthly sales meeting. Technology: NAI Horizon has invested in the most recent cutting edge computer technology to aid all agents in various transactions. A database has been established and is continuously updated, enabling agents to distribute property availability to Tenants for their specific requirements. This assures the owner quick and efficient exposure to prospects who are most likely to have an interest in the property. Stephanie Van Dyken Marketing Coordinator I .Andrew Starknian Marketing Coordinator • :ter. L,il 11 _'] ! I •;J, -.i;i .r ; Marissa Russo Rescai-cli/Gts Manager �'•ir III lt, , r71^:'.ff�l Marketng resources enda Broker Cooperation: A broadcast e-mail will be sent out to area brokerage companies with each new listing. We continue to market listings on a regular basis with thorough broadcast e-mails. Other modern marketing tools include internet sites such as Loopnet, Property Line, Co -Star, and the local and national networks of NAI Horizon and NAI Global. Advertising: NAI Horizon has always believed that direct solicitation through personal contacts, mail, or telephone calls are the most effective ways to achieve success. However, advertising a property in select publications such as the Arizona Republic and local newspapers may be beneficial and may be used in the marketing campaign. Leverage Key RelationshiP5: As a result of our agents cumulative experience in the metra Phoenix area, our team is able to utilize key relationships with retailers, developers and brokers. This enables us to monitor current trends it) the market and ensure that your transaction is completed quickly and efficiently. Accotmtc` bility & Reporting: We will follow the detailed marketing plan described above to successfully facilitate the leasing or sales process. We will also provide monthly reports to the owner(s) to document our efforts which will allow the owner to monitor the progress of the project. At owner's request, we will use NAI`s Web Based Transaction Management System (REALTrac), which provides 24/7 real time accountability of the project activities. Commercial Listing Services ��STAR Costar Property - www.costar,coni • Costar Property Professional"' is much more than a listing service. In addition to ardent contributions, Costar Property ProfessionaIT1v' is backed by the industry's largest professional research organization incCuding a highly trained team of more than 700 researchers, analysts and photographers, Property Line - www.propertyline.com �r; PROPERTY LINE Property line is an online listing service that allows commercial agents to advertise and post their properties to other professionals in the real estate industry. In addition to the listing information, property photos, site plans, and brochures can also be posted. LoopNet - www.loopnet.com LoopNet LoopNet is the Intemet's largest and most heavily used commercial real estate service on the web, displaying over 143,000 local and national brokers' listings. LoopNet's property listing service enables the widest possibe exposure and is used as a search engine by many major companies. LoopNet users can search listings by geographic region, square footage, price and other criteria, Crystal Johnson Firm Adminl.5trator • ' ;_ I ii , r Mark Kirkander Reprographics Manager Courtney Luedernann Transaction Cooi-dinrrtoii m Return to Agenda Growth plan Through our decades of experience as a collaborative team at NAI Horizon, we have identified certain areas that we feel would be the best focus of time and effort to continue the growth of Fountain Hills. Dining; fast food, quick service, and sit down restaurants, along with entertainment and recreation are some of the most underserved areas in the Town. Not only do these areas affect these businesses directly, but the ability to stay in Fountain Hills to enjoy these things can also reduce the amount of dollars spent in other cities for all expenditures. Another area of focus would be household resources and furnishings, which are big ticket spending opportunities that are predominately spent outside of Fountain Hills. The recent retail market study conducted by Fountain Hills supports our view, showing that the top 3 retail categories that show a future deficit in 2016 as "Food Away from Home", "Recreation and Entertainment" and "Household Furnishing and Equipment', totaling almost 200,000 of needed square footage in just 3 years. While several areas show trade leakage in Fountain Hills, we believe that by focusing on recreation, entertainment, and dining, the Town will be seen overall as a more desirable location and result in increased foot traffic and time spent, resulting in the ability to expand other sectors of the retail market. As defined in the scope of work, monthly open houses are requested to promote commercial real estate in Fountain Hills. In our experience, creating a more diverse and creative plan for promotion can garner better results. As a liaison to the Town, NAI Horizon would recommend creating a presence for commercial real estate in Fountain Hills by promoting at events the Town organizes such as Movie in the Park events or the Fountain Festival of Arts & Crafts. By creating a commercial real estate booth hosted by the Town and manned by NAI Horizon agents, a local initiative would be formed to promote growth in Fountain Hills. Other ideas include holding CRE open houses at Town meeting spaces providing useful information such as analytic maps, brochures, and future concepts and projects to potential businesses or other CRE agents to increase foot traffic in the city and tout its benefits. Working with other brokers that are currently in the market, NAI Horizon with the Town of Fountain Hills can become a point of information for all transactions and promotion for the Town. These types of activities would be conducted in lieu of monthly open houses that we feel may not always be appropriate, depending on what properties are available in the Town. NAI Horizon could also act in an advisory capacity to the Town to guide promotional efforts in Metropolitan Phoenix, keeping the Town informed of upcoming events in the CRE market that would benefit Fountain Hills by having a presence. As an active member of the CRE brokerage community, NAI Horizon has experienced insight as to what other cities in Arizona are doing to promote themselves, and how Fountain Hills can step into that realm. Through local and national events such as ICSC (International Council of Shopping Centers), Fountain Hills could promote the Town with inside CRE guidance from NAI Horizon, creating the most economically beneficial marketing approach for the Town. To market properties and the Town, we subscribe to CoStar, Loopnet, and PropertyLine. While these are listing services tailored to market specific properties, by working with Fountain Hills we could creatively list Town land to gain exposure in the CRE market through these services. Not only would this increase Fountain Hills presence on these subscription services, it would increase NAI Horizon's authority as a partner with the Town. In addition to all of these unique efforts for the specific needs of Fountain Hills, NAI Horizon marketing team along with the brokerage team would use all our resources deemed successful through experience to market properties in Fountain Hills for which we hold listing agreements. • •J Return to Agenda Prospecting pyramid Marketing Medium Direct Contact Marketing Pyer/Package Email Marketing Campaign Fountain Hills CRE Portal A Ph 1e_nix M tl ♦Er�a�k Return to Agenda \/Veb-based marketing Fountain Ifills CRE Portal ra In addition to marketing individual properties represented by NAI Horizon, our marketing team has the capabilities to create a Commercial Real Estate Portal for the Town of Fountain Hills. In this portal, current available properties can be displayed a€ong with quick access to information regarding why Fountain Hills meets their business needs. This website could act as a landing page for interested parties to find contact information quickly and easily, along with useful demographics, current incentives and Fountain Hills success stories. This portal could be linked to existing Fountain Hills websites as the Town sees fit. Social Media NAI Horizon also offers a full online media platform including our own website. blog, Facebook, Linkedln and Twitter presence. IYA Horizons/ Linked WE kms••-�" • 4' Marketing timeline monthly • Provide monthly progress reports • Coordinate open houses for listed properties as needed (with the listing agent) • Market the Townllisted properties via e@lasts • Market Town owned properties through CoStar, Loopnet, and PropertyLine • Update the Fountain Hills CRE Portal with new information/listings quarterly • Conduct outreach efforts such as manning a CRE booth at Town events or organized business events • Meet with Town officials to discuss progress and gather additional ideas/input • Market the Fountain Hills CRE Portal through eBlasts to the CRE brokerage community and business clients biannual • Plan events to promote CRE in Fountain Hills for the next 6 months • Meet with MAG and GPEC regarding Fountain Hills prospects • Provide summary of businesses recruited • Status update on the progress of relationships brought to the Town through NAI`s marketing campaign enda 11 NAIHorizon naihorizon.com Return to Agenda EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HORIZON REAL ESTATE GROUP, INC. SCOPE OF WORK The Town is seeking a qualified commercial real estate broker, either individually or with an organization, who is licensed in the State of Arizona, to promote/market the Town for new commercial business on a year-round basis. Responsibilities include, but are not limited to, the following: 1. Provide a minimum of 40 qualified prospective commercial users/new businesses to locate to Fountain Hills annually. 2. Contract with a minimum of three commercial real estate listing services, including Property Line, Co -Star and Loop -Net to help promote Fountain Hills as a potential spot for business. 3. Conduct periodic "meet and greet" opportunities for all potential commercial businesses to see business potential in Fountain Hills; provided that no fewer than 12 such events shall be conducted during any 12 -month period. 4. Provide monthly progress reports including, but not limited to, businesses contacted, showings conducted and Fountain Hills business properties advertised or promoted. 1950466.4 Meeting Date: 312012012 Agenda Type: Regular Staff Contact Information: Strategic Values: Public Safety, Health Welfare Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Fire Department Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2013-34, approving a memorandum of understanding with Maricopa County relating to medical countermeasures. Applicant: Randy Roberts Applicant Contact Information: 480-816-5114 Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): This MOU will formalize our partnership for the delivery of medical countermeasures (the Strategic National Stockpile) to the Town of Fountain Hills. This Agreement is entered into by and between Maricopa County, through the Maricopa County Department of Public Health (MCDPH) and Town of Fountain Hills ("Town of Fountain Hills") for the purpose of distributing medications, other medical materials and information to Town of Fountain Hills for dispensing to Town of Fountain Hills employees and their families (the "Authorized Recipients") in the event of a public health emergency. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $0 Budget Reference (page number): Funding Source: NA [f Multiple Funds utilized, list here: Budgeted; if No, attach Budget. Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approval of resolution 2013-34 List Attachment(s): MOU SUGGESTED MOTION (for Council use): Move to approve RESOLUTION 2013-34, approving a memorandum of understanding with Maricopa County relating to medical countermeasures. Page 1 of 2 Prepared by: any oberts, Assists Fire Chief 6/1112013 Director's Appyrov^a cote a reca, Fire Qhief 611112 1 Appro ed: �K� 3�J� Ken Ouchanan, Town Mara er 6/11/2013 Return to Agenda Page 2 oft Return to Agenda RESOLUTION NO. 2013-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH MARICOPA COUNTY RELATING TO MEDICAL COUNTERMEASURES. 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 Maricopa County Department of Public Health relating to medical countermeasures is hereby adopted in substantially 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, June 20, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Kenneth W. Buchanan, Town Manager 1967298.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2013-34 [MOU] See following pages. 1967298.1 Return to Agenda Return to Agenda iVMARiCOPA COUNTY DEPARTMENT OF PUBLIC HEALTH — OFFICE OF PREPAREDNESS AND RESPONSE 4041 N. Central Ave., Suite 600 Phoenix, AZ 85012 AGREEMENT TO PROVIDE STRATEGIC NATIONAL STOCKPILE ASSETS This Agreement is entered into by and between Maricopa County, through the Maricopa County Department of Public Health (MCDPH) and Town of Fountain Hills ("Town of Fountain Hills") for the purpose of distributing medications, other medical materials and information to Town of Fountain Hills for dispensing to Town of Fountain Hills employees and their families (the "Authorized Recipients") in the event of a public health emergency. MCDPH or Town of Fountain Hills may individually be referred to in this Agreement as a "Party" or the entities collectively as the "Parties." RECITALS WHEREAS, pursuant to A.R.S. §36-787, when there is a state of emergency or state of war emergency in which there is an occurrence or imminent threat of an illness or health condition that threatens the public health, the Arizona Department of Health Services ("ADHS") has the responsibility for planning and executing public health emergency assessment, mitigation, preparedness response and recovery for the state, and coordinating public health emergency response among state, local and tribal authorities; and in furtherance of its responsibility ADHS has entered into an agreement with Maricopa County through MCDPH to develop and enhance the state's emergency response capabilities; and WHEREAS, pursuant to A.R.S. §26-308, Maricopa County and each incorporated city and town has the responsibility for establishing and providing for emergency management within its jurisdiction in accordance with state emergency plans and programs; and WHEREAS, by resolution adopted by the Maricopa County Board of Supervisors, the Maricopa County Department of Emergency Management defines authorities and duties regarding emergency plans and programs related to emergency services, and the Maricopa County Department of Emergency Management has acknowledged the MCDPH as the Lead County Agency for the Health and Medical Emergency Support Function, and the SNS Points of Dispensing ("POD'S are integral to a Public Health Emergency Response; and WHEREAS, the MCDPH has created the Office of Preparedness and Response ("OPW) to coordinate and prepare a Health and Medical plan to support the Maricopa County Emergency Operations Plan, and to respond to a Public Health Emergency in which there is an occurrence or imminent threat of an illness or health condition caused by a natural event, bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or biological toxin that poses a substantial risk to public health; and WHEREAS, OPR has been asked by Town of Fountain Hills to provide Town of Fountain Hills with SNS assets at its location, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268, as may be necessary to respond to a public health emergency; and WHEREAS, MCDPH and OPR wish to cooperate with Town of Fountain Hills by providing Town of Fountain Hills with SNS assets for distribution to the Authorized Recipients in the event of such a public health emergency; NOW, THEREFORE, the Parties agree as follows: I . Delivery of SNS assets 1.1. In the event of a public health emergency, MCDPH through OPR will deliver to Town of Fountain Hills medications, vaccinations, dispensing information or such other SNS materials as available and may be necessary to respond to a public health emergency, under the conditions Closed POD AGREEMENT 04232013 Page I of 7 Return to Agenda specified in this Agreement. Town of Fountain Hills understands that such SNS assets cannot be provided by MCDPH until said assets are released by the Arizona Department of Health Services and the Division of Strategic National Stockpile Program to OPR. Town of Fountain Hills' responsibilities under this Agreement are to take custody of the assets for the purpose of dispensing to the Authorized Recipients, and to cooperate with MCDPH to ensure the accessibility of the Town of Fountain Hills delivery site at 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268, as a delivery point. 1.2 MCDPH will provide Town of Fountain Hills with notice as soon as possible when an event triggers the activities under this Agreement. The Town of Fountain Hills contact for MCDPH is: i",eett- AGFeea Ken Buchanan f4e4Nef Town Manager dun-e€Fe Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 480 837 982GJeffiee) (480) 816-5130 (office) 692-339-!� (602) 577- 1136 (cell) kbuchananna,fh.az.gov 480 93? 3145 (480) 83 7-3 145 (fax) The MCDPH contact will promptly advise the Town of Fountain Hills of MCDPH's intent to deliver SNS assets to that location. MCDPH may also contact the delivery site directly if need be. The Town of Fountain Hills contact will be responsible for coordinating MCDPH's access to the delivery site, for offloading the SNS assets, and for security and appropriate storage of the SNS assets once delivered. The Parties agree to exchange whatever information is necessary to facilitate planning and coordination in preparation for delivery of SNS assets to Town of Fountain Hills. 1.3. MCDPH will deliver sufficient SNS assets to Town of Fountain Hills to serve an estimated targeted population of 1,400 Authorized Recipients provided appropriate and secure storage facilities for materials or antibiotics are available. Depending upon the supply, MCDPH may provide more medical countermeasures, if requested and needed. If SNS assets received by MCDPH are limited and MCDPH is unable to supply the entire amount required for Town of Fountain Hills, MCDPH will determine an allocation for Town of Fountain Hills based on an analysis of the current situation. Personnel, supplies, and equipment needed to dispense to the service population, such as copy machines and paper, furniture such as tables and chairs, and other items, will be supplied by Town of Fountain Hills. 1.4. Town of Fountain Hills agrees to dispense SNS assets using Town of Fountain Hills personnel or volunteers who have the appropriate licensure, training, and/or certification to dispense SNS assets, to dispense SNS assets only to the Authorized Recipients as specified under OPR guidelines, to distribute product information sheets provided by OPR, to return to OPR any excess SNS assets inventory, to provide OPR approved documentation of all dispensing, and to reconcile SNS assets received with those dispensed and those returned to OPR. Town of Fountain Hills agrees not to charge for SNS assets or for any of the services provided as part of the administration or dispensing of SNS assets unless agreed upon separately in writing. 1.5. As a condition of this Agreement and prior to the distribution of any SNS assets to Town of Fountain Hills, Town of Fountain Hills agrees to arrange sufficient time for the personnel who would be involved in SNS asset distribution at Town of Fountain Hills to participate in an OPR- provided training on the procedures for dispensing of SNS assets. The minimum number of people to attend the training for Town of Fountain Hills will be mutually agreed upon. Closed POD AGREEMENT 04232013 Page 2 of 7 Return to Agenda 1.6 During transfer of custody of SNS assets to Town of Fountain Hills at 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268, Town of Fountain Hills will be responsible for offloading and moving the assets to the storage area Town of Fountain Hills plans to utilize, and for sufficient security to maintain order and safeguard persons against bodily injury. The Maricopa County Sheriffs Office is the lead agency for security during transport and delivery of assets to the Town of Fountain Hills delivery site. 1.7 Town of Fountain Hills agrees to utilize dispensing information, including prophylaxis or treatment dispensing algorithms, guidelines, and patient information forms, provided by OPR and to provide OPR with a completed patient information form within 48 hours for each person to whom SNS assets were dispensed. Town of Fountain Hills agrees to have trained employees (Section 1.5) oversee the dispensing of SNS assets to the Authorized Recipients. Indemnification. To the fullest extent permitted by law, MCDPH shall defend, indemnify, and hold harmless Town of Fountain Hills, its agents, officers, officials, and employees from and against all claims, damages, losses, and expenses (including but not limited to attorney's fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of MCDPH, its agents, employees, or volunteers or any tier of its contractors in the performance of this Agreement. The amount and type of insurance coverage requirements of the Agreement will in no way be construed as limiting the scope of indemnification in this Paragraph. The terms of this section survive the termination, expiration, non- renewal, or rescission of this Agreement. To the fullest extent permitted by law, Town of Fountain Hills shall defend, indemnify and hold harmless MCDPH, its agents, officers and employees from and against all claims, damages, losses and expenses (including but not limited to attorney's fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of Town of Fountain Hills, its agents, employees, or volunteers or any tier of its contractors in the performance of this Agreement. The amount and type of insurance coverage requirements of the Agreement will in no way be construed as limiting the scope of the indemnification in this Paragraph. The terms of this section survive the termination, expiration nonrenewal, or rescission of this Agreement. 3. Insurance. MCDPH shall maintain a self-insurance program under the Revised Restated Declaration of Trust for Maricopa County, Arizona Self -Insured Risk Trust Fund during the term of this Agreement. At the signing of this Agreement, MCDPH shall furnish Town of Fountain Hills with certificates of self- insurance evidencing the coverages and limits listed below at the following -'dress: Ken Buchanan Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 (480) 816-5130 (office) (602) 577-1136 (cell) kbuchanan(@fh.az.gov (480) 837-3145 (fax) MCDPH's insurance must be primary, and any insurance or self-insurance maintained by Town of Fountain Hills shall not contribute to it. If any part of this Agreement is contracted, these insurance requirements also apply to all contractors. Closed POD AGREEMENT 04232013 Page 3 of7 Return to Agenda Insurance coverage required under this Agreement is as set forth below (or the equivalent coverage with respect to Maricopa County or any other self-insured entity): Maricopa County: 3.1. Commercial General Liability insurance with a limit of not less than $2,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including but not limited to, the liability assumed under the indemnification provisions of this Agreement; 3.2. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to MCDPH's owned, hired, and non -owned vehicles; 3.3. Workers' Compensation insurance with limits statutorily required by any Federal or state law and Employer's Liability insurance of not less than $2,000,000 for each accident, $2,000,000 disease for each employee, and $2,000,000 disease policy limit; and 3.4. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by MCDPH, or any person employed by MCDPH, with a limit of not less than $2,000,000 each claim. Receiving Agency: Town of Fountain Hills shall maintain during the term of this Agreement insurance policies described below issued by companies licensed in the State of Arizona with a current AM Best, Inc. rating of A- VII or better. In the alternative, Town of Fountain Hills may submit required coverage under a self-insured program. At the signing of this Agreement, Town of Fountain Hills shall furnish MCDPH with Certificates of Insurance or Self -Insurance evidencing the required coverages, conditions and limits required by this Agreement. 3.5. Commercial General Liability insurance with a limit of not less than $2,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including but not limited to, the liability assumed under the indemnification provisions of this Agreement; 3.6. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to Town of Fountain Hills' owned, hired, and non -owned vehicles; 3.7. Workers' Compensation insurance with limits statutorily required by any Federal or state law and Employer's Liability insurance of not less than $2,000,000 for each accident, $2,000,000 disease for each employee, and $2,000,000 disease policy limit; and 3.8. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the worst or services performed by Town of Fountain Hills, or any person employed by Town of Fountain Hills, with a limit of not less than $2,000,000 each claim. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two years past expiration of the Agreement and must be evidenced by annual Certificates of Insurance upon request from MCDPH. Closed POD AGREEMENT 04232013 Page 4 of 7 Return to Agenda 4. Verification Regarding Compliance with Arizona Revised Statutes §§35-391.06 and 35-393.06 Business Relations with Sudan and Iran: 4.1 By entering into the Agreement, Town of Fountain Hills certifies it does not have scrutinized business operations in Sudan or Iran. 'Town of Fountain Hills shall obtain statements from its subcontractors performing work under this Agreement, if any, certifying compliance with the foregoing and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Agreement. 4.2 Maricopa County may request verification of compliance for Town of Fountain Hills or subcontractor performing work under the Agreement. Should Maricopa County suspect or find that Town of Fountain Hills or any of its subcontractors performing work under the Agreement are not in compliance, Maricopa County may pursue any and all remedies allowed by law, including, but not limited to: suspension of partnership and termination of the Agreement. All reasonable costs necessary to verify compliance are the responsibility of Maricopa County. E -verification of employees: Town of Fountain Hills warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges: 5.1 That Town of Fountain Hilts and its subcontractors, if any, performing work under this Agreement warrant their compliance with ail federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A; 5.2 That a breach of a warranty under subsection 5.1 above, shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of the Agreement; 5.3 That MCDPH retains the legal right to inspect the papers of Town of Fountain Hills or subcontractor employee who performs work under this Agreement to ensure that Town of Fountain Hills or subcontractor performing work under this Agreement is complying with the warranty provided under subsection 5.1 above and that Town of Fountain Hills agrees to make all papers and employment records of said employee(s) available during normal working hours in orderto facilitate such an inspection. Nothing herein shall make Town of Fountain Hills or any subcontractor an agent or employee of MCDPH. Termination. Either party may terminate this Agreement at any time by giving 90 days written notice to the other party, but in no case after the declaration of a Public Health Emergency, until it has been determined and declared to be ended. 8. Cancellation. This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-511 9. Notices. Any notices hereunder shall be written notices, personally delivered to the other party, except that in the event of a Public Health Emergency, notice may be given by any means, to be followed by written, personally delivered notice, as soon as is reasonably practicable. Such personally delivered notice shall be at the following addresses: Closed POD AGREEMENT 04232013 Page 5 of 7 For MCDPH/OPR: Program Manager Maricopa County Department of Public Health Office of Preparedness and Response 4041 N. Central Avenue, Suite 600 Phoenix, AZ 85012 Tel: 602 506-2650 Cell: 602 723-6966 For Town of Fountain Hills: Ken Buchanan "town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 (480) 816-5130 (office) (602) 577-1136 (cell) kbuchanan@ib.az.gov (480) 837-3145 (fax) Return to Agenda l 0. Use of Name. MCDPH/OPR shall not use the names or trademarks of Town of Fountain Hills or of any of Town of Fountain Hills' affiliated entities in any advertising, publicity, endorsement, or promotion unless Town of Fountain Hills has provided prior written consent for the particular use contemplated. All requests for approval pursuant to this Section must be submitted to the Town of Fountain Hills at least 5 business days prior to the date on which a response is needed. The terms of this Section survive the termination, expiration, non -renewal, or rescission of this Agreement. 11. Amendments. This Agreement may not be amended or modified except in writing signed by both parties and identified as an amendment to this Agreement. 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. 13. Waiver. The failure of either party to complain of any default by the other party or to enforce any of such party's rights, no matter how long such failure may continue, will not constitute a waiver of the party's rights under this Agreement. The waiver by either party of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision. No part of this Agreement may be waived except by the further written agreement of the parties. 14. Entire Agreement. This Agreement together with the Attachments hereto constitutes the entire agreement between the parties with respect to its subject matter and supersedes all past and contemporaneous agreements, promises, and understandings, whether oral or written, between the parties. 15. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Any purported assignment in violation of this clause is void. Such written consent, if given, shall not in any manner relieve the assignor from liability for the performance of this Agreement by its assignees. 16. Severability. in the event any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect as if the invalid or unenforceable provision has never been a part of the Agreement. Closed POD AGREEMENT 04232013 Page 6 of 7 Return to Agenda 17. Independent Contractor Status. It is mutually understood and agreed that the relationship between the parties is that of independent contractors. Neither party is the agent, employee, or servant of the other. Except as specifically set forth herein, neither party shall have nor exercise any control or direction over the methods by which the other party performs work or obligations under this Agreement. Further, nothing in this Agreement is intended to create any partnership, joint venture, lease or equity relationship, expressly or by implication, between the parties. 18. Counterparts. This Agreement may be executed in any number of counterparts which, when taken together, will constitute one original, and photocopy, facsimile, electronic or other copies shall have the same effect for all purposes as an ink -signed original. 19. Representation on Authority of Parties/Signatories. Any individual executing this Agreement on behalf of a Party represents and warrants to the other Party that they are duly authorized to execute this Agreement on behalf of such Party, and that upon their signature this Agreement shall be binding upon the Parties. MCDPH: MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH MARICOPA COUNTY BOARD OF SUPERVISORS By: Title: Chairman of the Board Date: ATTEST: By: Clerk of the Board Date: APPROVED AS TO FORM: By: Attorney for Maricopa County Date: Closed POD AGREEMENT 04232013 TOWN OF FOUNTAIN HILLS: By: Title: Date: APPROVED AS TO FORM: M. Date: Page 7 of 7 Return to Agenda ��TA1N�1 TOWN OF FOUNTAIN HILLS Z n TOWN COUNCIL Meeting Date: 6/20/2013 Agenda Type: Consent AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Administration Staff Contact Information: Julie Ghetti, MPA, CPA; Deputy Town Manager/Finance Director (480) 816-5113 Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language); CONSIDERATION of First Amendment to Option and Lease Agreement between the Town of Fountain Hills, Arizona and New Cingular Wireless PCS, LLC, f'/k/a AT&T Wireless PCS, LLC to reduce the Premises, construct a second new stealth saguaro cactus facility on the Premises and increase the monthly rent effective July 1, 2013. Applicant: Bechtel Communications, Inc. Applicant Contact Information: Taylor Candland, (480) 559-2643 Property Location: 9810 N. Technology Drive, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: Staff Summary (background): In June 2002 the Town entered into an agreement with AT&T to lease Town owned property at Shea and Technology Drive for the construction and operation of a stealth (cactus) cell tower. AT&T is requesting an amendment to the lease to allow the expansion of an additional stealth cactus tower and antennas and associated equipment. Rent will increase to $2,702.50 from $1,818. All other terms and conditions of the existing lease remain in effect. Risk Analysis (options or alternatives with implications): No action will leave the existing lease agreement terms with the existing rent at $1,818. Fiscal Impact (initial and ongoing costs; budget status): $32,430 per year Budget Reference (page number): NIA Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Both the Planning and Finance Divisions recommend approval. List Attachment(s): First Amendment to Option and Lease Agreement. Page i of 2 Return to Age SUGGESTED MOTION (for council use): Move to approve the First Amendment to Option and Lease Agreement between the Town of Fountain Hills and New Cingular Wireless PCS, LLC for the addition of a new stealth saguaro cactus facility and equipment at Shea and Technology Drive. a. Director's Approval: u ie e7 Deputy own Manager/Finance Director 6/1312013 Approved: Ken Buchanan, Town Manager 6/1312013 Pagc 2 of 2 Return to Agenda FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NEW CINGULAR WIRELESS PCS, LLC f/k/a/ AT&T WIRELESS PCS, LLC THIS FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT (this "First Amendment") is entered into June 20, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company DVa/ AT&T Wireless PCS, LLC, a Delaware limited liability company (the "Tenant"). Unless otherwise defined herein, all capitalized terms in this First Amendment shall have the meanings set forth in the Agreement (defined below). RECITALS A. Landlord and Tenant entered into an Option and Lease Agreement dated June 21, 2002 (the "Agreement"), for the Tenant to lease a portion (the "Premises) of certain real property near the southeast corner of Shea Boulevard and Technology Drive (the "Property") owned by Landlord for the installation of a Communication Facility. B. Tenant desires to (i) reduce the size of the Premises surrounding the equipment shelter at the Premises to approximately 375 square feet (the "Equipment Shelter"), (ii) maintain the existing stealth saguaro cactus facility at the Premises located on approximately 100 square feet (the Existing Saguaro"), (iii) construct a second new stealth saguaro cactus facility (the "Second Saguaro") on approximately 100 square feet of the Premises, and (iv) install related ground equipment (the "Additional Equipment") (the Equipment Shelter, the Second Saguaro and the Additional Equipment are collectively referred to herein as the "Additional Communication Facilities"), as described and depicted on the site plans prepared by Bechtel Communications Inc., entitled "Shea Blvd/Saguaro Blvd," attached hereto as Exhibit 1 and incorporated herein by reference (the "Plans"). In the event of any conflict or inconsistency between the Additional Communication Facilities described in this recital and the Plans, the Plans shall control. The Plans shall include any modifications approved by the Town Manager or authorized designee and Tenant. C. Landlord and Tenant desire to enter into this First Amendment to (i) reduce the Premises, (ii) authorize the installation of the Additional Communication Facilities on the Premises and (iii) increase the monthly rent paid by Tenant to Landlord under the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated by reference, the promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1957658.5 Return to Agenda 1. Premises. The Premises occupied by Tenant under the Agreement shall be reduced to a total of approximately 575 square feet as described and depicted on the Plans, attached hereto as Exhibit 1. Tenant has the right to erect, maintain and operate on the Premises foundations, utility lines, transmission lines, air conditioned equipment shelters, fences, electronic equipment, radio transmitting and receiving antennas, an emergency generator, supporting equipment and structures thereto, as more particularly described on the Plans. 2. Additional Communication Facilities. Subject to the terms and conditions contained in the Agreement, Landlord grants to Tenant the right to construct, install, operate and maintain the Additional Communication Facilities within the Premises, in accordance with the Plans, attached hereto as Exhibit 1. 3. Increased Rent. Commencing on the date that Landlord executes this First Amendment and, subject to the terms of this First Amendment and the Agreement, for each month remaining during the current Extension Tenn, Tenant shall pay Landlord rent in the amount of Two Thousand Seven Hundred Two and 50/100 Dollars ($2,702.50) per month in consideration for Tenant's use of the Premises. Thereafter, the Rent shall increase for each additional Extension Term as set forth in Section 5 of the Agreement. 4. Protection of Landscaping. Landlord and Tenant anticipate that construction and installation activities related to the Additional Communication Facilities (the "Facilities Construction") will affect existing landscaping. All affected landscaping shall be removed and protected until completion of the Facilities Construction. Upon completion of the Facilities Construction, all removed landscaping shall be replanted at locations approved by Landlord. Any landscaping that does not survive removal and replanting shall be replaced with landscaping of like kind and size unless otherwise approved by Landlord. The relocation and replacement of landscaping described in this Section 4 is referred to collectively as the "Re -vegetation." The performance obligations contained in this Section 4 shall be secured by a Performance Bond as set forth more particularly below. 5. Performance Security. The Tenant shall be required to furnish non -revocable security binding the Tenant to provide faithful performance of this First Amendment in the amount of 100% of the total cost to perform the Re -vegetation payable to the Landlord. Performance security shall be in the form of a performance bond, irrevocable letter of credit, certified check or cashier's check. This security must be in the possession of the Town's Finance Department not later than seven days prior to construction on the Premises. If the Tenant fails to execute the security document as required, the Tenant may be found in default and this First Amendment terminated by the Landlord. In case of default the Landlord reserves all rights. If Tenant chooses to provide the required security via a performance bond, it shall be in the form attached hereto as Exhibit 2, duly executed by the Tenant as Principal and having as Surety thereon a Surety company approved by the Landlord and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of the proposal an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. The Landlord shall release the performance bond upon Landlord's approval of the Re -vegetation work. 1957658.5 2 Return to Agenda 6. Records and Audit Rights. To ensure that the Tenant and its subcontractors are complying with the warranty under Section 7 below, Tenant's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to the Agreement, including the papers of any Tenant's and its subcontractors' employees who perform any work or services pursuant to the Re -vegetation described in this Agreement and this First Amendment (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Landlord, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on performance under the Agreement and this First Amendment and (ii) evaluation of the Tenant's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 7 below. To the extent necessary for the Landlord to audit Records as set forth in this Section, Tenant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Landlord shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of the Agreement for the duration of the work and until three years after the date of completion of the Re -vegetation. Tenant and its subcontractors shall provide Landlord with adequate and appropriate workspace so that the Landlord can conduct audits in compliance with the provisions of this Section. The Landlord shall give Tenant or its subcontractors reasonable advance notice of intended audits. Tenant shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to the Agreement and this First Amendment. 7. E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Tenant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under Attu. REV. STAT. § 23-214(A). Tenant's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement and this First Amendment by the Town. 8. Scrutinized Business Operations. Pursuant to Attu. REV. STAT. §§ 35-391.06 and 35-393.06, the Tenant certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this subsection the term "scrutinized business operations" shall have the meanings set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Landlord determines that the Tenant submitted a false certification, the Landlord may impose remedies as provided by law including terminating this First Amendment and the Agreement. 9. Notices. Any notice or other communication required or permitted to be given under the Agreement or this First Amendment shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: 1957658.5 3 Return to Agenda If to Landlord: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: PHNXAZP365 Cell Site Name: Fixed Asset No.: 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #PHNXAZP365 Cell Site Name: Fixed Asset No.: P.O. Box 97061 Redmond, WA 98073-9761 Or, if sent via nationally recognized overnight carrier: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #PHNXAZP365 Cell Site Name: Fixed Asset No.: 16331 NE 72nd Way Redmond, WA 98052-7827 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given upon 30 days prior notice pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 1957658.5 4 Return to Agenda 10. Non -Default. By executing this First Amendment, the Tenant affirmatively asserts that that (i) Landlord is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known, and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 11. Conflict of Interest. This First Amendment may be canceled pursuant to AR1z. REV. STAT. § 38-511. 12. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGES] 1957658.5 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Landlord" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1957658.5 6 "Tenant„ NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: �� 4 Name:i--xky Title: - 1 (ACKNOWLEDGMENT) STATE OF ss. COUNTY OF Return to Agenda This instrument was acknowledged before me on � a 1W 1 cl- , 2413, by �EjD1fcl -bc-00,-st , as Pad Pafia of NEW LINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, on behalf of the company. (affix notary seal here) em LAURENRICHARDS Notary Put7iic Ar":zona Maricopa County y Camm. Expires Jan i8, 2l}15 1957658.5 d Notary Public in and for the State of Ariz na E LAUREN RLNotary Publ: Marieop,omm, Expire= 11, -%• V VA Return to Agenda EXHIBIT 1 TO FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NEW CINGULAR WIRELESS PCS, LLC f/k/a/AT&T WIRELESS PCS, LLC. [Plans] See following pages. 1957658.5 epua6V o; uan;ab PROJECT DESCRIPTION APPROVALS AT&T (RF). DATE: LTE SCOPE OF WORK: REMOVING (3) EXISTING ANTEIMAS. REPLACE (3) ZX1571NG ANTENNAS WITH (3) NEW ANTENNAS & INSTALL (6) NEW ANTENNAS, FOR A TOTAL OF (9) ANTENNAS, INSTALLING (3) RRH'S AT EXISTING RAD CENTER, INSTALL LTE BBU CAEINET AND NEW BATTERY CABINET IN EXISTING EQUIPMENT AREA ItISTALL NEW PORCUPINE MOUNT FOR NEW ANTENDA CON F6URATIOH W/ A MINIMUM OF 65 AT&T (CONST.): __. DATE: HONUS, r ��� AT&T (RF): DATE: '' LANDLCRD DATE: D PROJECT INFORMATION SITE ADDRESS; 4810 NOR' IT TECl OLCCY ORNE FOUNTAIN HILLS, A7 65050 ���)'[�� LATITUDE: 3S 34' 27.77' N '�. ... .""'- _._ LANGLCRp- DATE: LONGITUDE: -I 11' 43' 14.35- W JURISDICTION: TOWN CF FOUNTAIN HILLS ADN: 176-09-4928 ZONING 415TR.CT. IND -1 - SITE NAME: P365 EXISTING USE' IINMANNTU `ELECDMMUNICATIONS FAGLRY NEW USE: UNMANNED TELECOMMUNTrATIONS FACILITY CANDIDATE NAME: SHEA BLVD/ SAGUARO BLVD RF DATA SHEET VICINITY MAP APPLICABLE BUILDING CODES AND STANDARDS DATE ISSUED: 2/21/24$3 VERSION: OS DRAWING INDEX REV 25736$25-1�1 TITLE SHEET F DIRECTIONS SUBCONTRACTOR'S WORK SHALL COMPLY WITH ALL APPLICABLE NATIONAL, STATE. AND LOCAL. 2M"25 -P365-03 STANDARD NOTES F :RUM AI&1 - -:,; CONTINUE SOU.N ON TATUM UI TURN LEFT (EAST) ON SR-YQI TOWARDS SLUTTSUALE. CODES AS ADOPTED BY THE LOCAL. AUTHORITY HALING JURISDICTION (AH,1) FOR THE LOCATION, 2573"25"P365.1"STANDARDNOTES F Ex.T -NCA 0LTL. TURN LEFT (EAST) psi TO SHEA @L`n, rOR APPROX. 10 MILES, TURN HIGH'O4 TO THE I""ON OF THE AHJ AUOPTED COOLS AND STANDARDS IN EFFEC` ON IHE MTE OF 25P3GSO4 SITE SURVEY F 738$2S TECHNOLOGY CR TURN RIGHT ONTO E. LASER DR. TURN RIGHT ONTO LASER DR. ARRIVE AT S,TE. ON NORTH CONTRACT AWARD SHALL GOVERN THE DESIGN. c 26736$25-1`365-114A OVERALL SITE PLAN F SIDE OF STREET, 25736426 -P365 -Oe EXISTING & NEW DETAILED SITE PLANS F BUILDING f:uU£. 21;736$25-P38S-D6 Ex I STING & NEW TOWER ELEVATIONS & ANTENNA LAYOUTS F [INTERNATIONAL OU'LOING CODE (IBC), 2009 AS ADOPTED BY TOWN OF FOUNTAIN HILLS] 25736-625-P355-07 NEW EQUIPMENT DETAILS AND LTE CABINET DETAIL F 125736-62SP365-06 LTE GPS ANTENNA DETAILS F FLECTRICAL CCCE: f 25736-625-1`365-09 EXISTING & NEIN AC PANEL SCHEDULES F [NATIONAL RRE PROTECTION A-S4CIAnou (NFPA) 74 - 2CO9, NATIONAL ELECTRICAL CODE. AS -6 12573625-P355-10 SYSTEM DIAGRAM F ADOPTED BY TOWN OF FOUNTAIN K LS] 2S736 -625-P365_11 DC POWER PLANT SINGLE -LINE DIAGRAM F LIGHTNING PROTECTION COOL 26736425-P365.12 LTE ALARMBLOCK DETAIL F [NEPA 780 - 2404. LIGHTNING PROTECTION CODE] R' 2573$$25-1`385.13 LTE ALARM BLOCK DETAIL F 25736-625-P365.14 RAH DETAILS F - - SUBCONTRACTOR'S WORK SUiLL COMPLY WIT" THE LATEST EDITION Or 7H€ POI---- STANDARDS. AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL NOTES CONCRETE AMERICAN INSTITUTE OF SILEL CONSTRUCTION (AISC), MANUAL OF -,TELL CON5TRUCITUN. r _ DOCUMENT REVIEW STATUS fC THIRTEENTHEDITICK ANSI/IIA 222 -G, -G. STRUCTURAL STANDARD FOR ANTENNA SBPP4RRNC STRUCTURES AND I I ACC[pTEp - WrTH MI`.GN ci; `:O COMMENTS, CONSTRU"M MAY PROCEED PROJECT "Yr4 SITE ANTENNAS. M607, COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS. FOR 2 NCT ACCEPTED - PLEASE RESOLVE COMMENTS AND RESUBMIT �Ip r (+Z TELECOMMUNICATIONS INSTITUTE FOR ELECTRICAL AND ELECTRONICS ENGINEERS (IEEE) 81, GUIDE FOR MEASURING EARTH B ACCEPAANCE DOES NOT CONSTITUTE APPROVAL OF DESIGN DETAILS. CALCULATIONS, ANALYSIS, TEST METHODS CR MAT EFIALS DEVELOPED OR ^.O RESISTIVITY, GROLNU IMPEDANCE, AND EARTH SURFACE POTENTIALS OF A GROUND SYSTEM $E�ECTEO BY SUBCONTRACTOR 4N0 DOE- NOT RELIf� 5U840NTRACz4R ro IEEE1106 (1599) RECOMMENDED PRACTICE FOR POWERING AN p OR IT IVIG OF ELECTRONIC FROM FULL COMPLIANCE WITH CURTRACTUAL OBLIGATION. c� O 145£R OR E ^ L' �cfR aR d LOUlPMLN1 IEEE C2 NATIO. %& ELECTRIC SAFiTf COPE, LATEST lTRSIQN TELCORM GR -1.275 GENERAL INSTALLATION RLQUINLMENT5 ANSI 11 .311. FOR TELECOM DC POWER SYSTEMS TELECOM, ENVIRONMENTAL PROTECTION YOR ANY CONFLICTS BETWEEN SECTIONS OF LISTED CODES AND STANDARDS II MATERIAL, METHODS OF CONSTRUCTION, OR OTHER REQUIREMENTS, THE MOST RESTRICTTr REQUIREMENT ENG. CONST. RENk'WFp: 9Y: DATE REDLINE DRAWING REVIEW NAME (PRI117) SIGNATURE DATE ryT.S SHALL GOVERN. WHERE THERE 6 CONFLICT BI GENERAL REQUIREMENT AND A SPECIFIC GENERAL CONTRACTOR - CONFIRM ACCURACY of THESE REDUNE 01S[TE QUALIFICATION PARTICIPANTS RE4UTREMENT, THE SPECIFIC REOUIREMENf SHALL GOVERN (PR'r1n SIGNATURE DATA NAME COMPANY NUMBER ENGR. JANET FRAZIER BECHTEL COMMUNICATIONS 623 -282 -MB RF STEVEN ISBELL AT&T MOBILITY 48D -515-7D75 APPLICABLE SUILDIAG CODES & STANDARDS FIELD COORDINATOR - VERIFY INSTALLATION PER REOUNE CRAVINGS DETAIL NAME (PRINT) SIGNATURE DATE RE SCOTTSEPTEMBER AT&TMOBILITY 480,5154198 CONST- CECILGRAVES AT&TMOBILITY 4SM52-1261 RTS �] A ENGINEERING - Wake! Eeq,neer ShoII Retie, Redline Dings To Ensara Changes Do Not Alter The Origiwi Design Intent And/Or .4e Code C—pl-I LANDLORD — TOWN OF FOUNTAIN HILLS 480-816-5181 _ ! 9i Ie t1 eeillRuxr ua,sm � OG/n45 .! � A w� I w4.nsax, omTwc+w Mo, ATBT M{)BILffY , x� BECHTEL COMMUNICATIONS, INC. 1`355 at&t �+ ,� o% 3 a vxa.Wwm olwslFucTm« ars IwA HA A 1195 WESNIEw DRIVE SHEA BLVD/ SAGUARO BLVD TITLES SHEET FRLCERI CK. MO 21703 9854 NORTH TECHNOLOGY DRIVE AT&T1i NOBILITY a1! Paf1. (%aeSNUIeAd1 aPMnirCx ru TA PHONE: 301 226-6000 ( ) FDUNTAINI HILLS, A2 85050 ?0830 N TANIXM BLVD. SUITE 40O TATO _ _. ry,.tC IRx'ACi+A pr .Av ONE: (4 ) 85050 ONE:(4811) 414-1829 25736-629 PHk)V.L-1`365-CT F A5 SMxY ttsKAam a+- w ex gI w f 4 3 2 22 4 e a V GENERAL NOTES: i. FOR THE PURPOSE Of CONSTRUCTION DRAWLING. THE FOLLOWING DEFINITIONS SHALL APPLY' CONTACTOR - BECHTEL SUBCONTRACTOR -GENERA CONTRACTOR (CONSTRUCTION) OWNER - ATAT MOB:IDY OEM - ORIGINAL EOUPMENT MANUFACTURER 2. PRIOR TO THE SUBMISSION OF BIOS, THE BIDDING SUBCONTRACTOR SMALL VISIT THE CELL SITE TO FAMILMR17F NTIH THE EXISTING CONDITIONS AND TO CONFIRM THAT THF WORK CAR RE AC.COMPLISHEO AS SHCOWN ON THE CONSTRUCTION ORAWNGS. ANY DISCREPANCY FOUND SHALL BC BROUGHT TO THE AITENDON OF CONTRACTOR. 3. ALL MATERWS FURNISHED AND INSTALLED SIWI RF IN STRICT ACCORDANCE WITH ALL APPIKARIF CODES, REGULATIONS, AND ORD'NANCES. SUDCCNMACTOR SHALL ISSUE ALL APPROPRIATE NOTICES AND COMPLY'WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS AND LAWIA. ORDERS OF ANY PUBLIC AUTHORITY REGARD'NC THE PERFORMANCE OF THE WORX. ALL WORK CARRIED OUT SHALL COMPLY WITH All APPLICABLF MUNICIPAL. AND UTILITY COMPANY SPECIFICATIONS AND LOCM JURISDICTIONAL CCDFS, ORDINANCES AND APPLICABLE REGULATIONS. 4. DRAWINGS PROVIDED HERE ARE NOT TO BE SCALED AND ARE INTENDED TO SHOW OUTLINE ONLY. 5, UNLESS NOTED OTHERWISE, THE WORK SHALL INCLUDE FURMSHNG MATERIALS. EOUIPMENT. APPURTENANCES, AND LABOR NECESSARY TO COMPLLIE ALL INSIALLAIRINS AS INDICATED ON IH: DRAWINGS. 6 DELETED 7. THE SUBCONTRACTOR SMALL INSTALL ALL EQUIPMENT AND MATERIALS N ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS UNLESS SPECIFICALLY STATED OTHERWISE. R. IF THF SPFCIFIED EQUIPMENT CANNOT RF INSTAIFO AS SHOWN ON THESE DRAWINGS, THF SUDDONTRACTOR SHALL PROPOSE AN ALTERNAINE INSTALLATION FOR APPROVAL BY THE CONTRACTOR. 9. SUBCONTRACTOR SHALL CEIERMINE ACTUAL ROUTING OF CONDUIT, POWER AND TI CABLES. GROUNDING CABLES AS SHOWN ON THF MOWER, GROUNDING AND TELCO PIAN DRAWING. SUBCONTRACTOR SHAI. NTRI7F FXISLRIG TRAYS AND/OR SINAL ADD NEW TRAYS AS NFCFSSARY. SUBCONTRACTOR SHALL CONFIRM THE ACTUAL ROUTING WITH THE CONTRACTOR. ROUTING OF TRENCHING SHALL BE APPROVED BY COMPACTOR 10. THE SUBCONTTUCTCR SHALL PROIFCI FXISIING IMPROVEMENTS, PAVFMFNTS, CURBS. IANDSCAING AND STRUCTURES. ANY DAMAGED PART SHALL BE REPAIRED AT SUBCONTRACTOR'S EXPENSE TO THE SATISFACTHRI OF OWNER. 11. SUBCONTRACTOR SMALL LEGALLY AND PROPERLY DISPOSE OFF ALL SCRAP MATERIALS SUCH AS COAXIAL CABLES AND OTHER ITEMS REMOVED FROM THE EXISTNG FACILITY, ANTENNAS REMOVED SHALL HE RETURNED TO DIC OWNER'S DESIGNATED LOCATION. '2. SURCONIRACTOR SHALL LEAVE PREMISES IN CLEAN CONDITION. 13. ALL CONCRETE REPAIR WORK SHALL BE DONE N ACCORDANCE WITH AMERICAN CONCRETE INSTITUTE (ACI) 30'. 14. ANY NEW CONCRETE NEEDED FOR THE CONSTRLCTION SMALL HAVE 4000 PSI STRENGTH AT 28 DAYS UNLESS OTHERWISE SPECIFIED. ALL CONCRETING WORK SMALL BE DONE IN ACCORDANCE WITH ACI 318 CODE REQUIREMENTS. I& ALL STRUCTURAL STEEL WORK SHALL BE DOME IN ACCORDANCE WITH ALSO SPECIFICATONS. 16, C04STRUCTION SHALL COMPLY WITH SPECIFICATgN 25741-000-3APS-AOOZ-00002, "GENERAL CONSTRUCTION SERVICES'. 17- SURICONTRACIOR SHALL VERFY ALL EXISTING DIMENSIONS AND CONDITIONS PRIOR TO COMMENCING ANY WORK. ALL DEIENSONS OF EXISTING CONSTRUCTION SHOWN ON THE DRAWINGS MUST BE VERIFIED. SUBCONTRACTOR SHALL NOTIFY THE CONTRACTOR OF AMY DISCREPANCIES PRIOR TO ORDERING MATERIAL OR PRCCLEDING WIDI CONSTRUCTION, !8. WE EXISTING CELL SITE IS IN FULL COMMERCIAL OPERATION. ANY CONSTRUCTION WORK BY SUBCONTRACTOR SHALL NOT DISRUPT THE EXISTING NORMAL OPERATION. ANY WORK ON EXISTING EOUPNLNI MUST BE COORUINAIED WITH CONTRACTOR. ALSO. WORK MAY NLED TO BE SCHEDULED FOR AN APPROPRIATE MAINTENANCE WINDOW USUALLY IN LOTH TRAFFIC P-ARICDS MER MICNGHT, 19, SINCE DIE CELL SITE MAY BE ACTIVE, ALL SAFETY PREGUnONS MUST BE TAKEN WHEN WORKING AROUND NIGH LEVELS OF LLECTRGMAGNLIIC RADIATION. EQUIPMENT SI1DLLD BE SIIUIDOWN PRIOR TO PERFORMING ANY WORK THAT COULD EXPOSE THE WORKERS TO DANGER. PERSONAL RF EXPOSURE MONITORS ARE REQUIRED TO BE WORN 10 ALERT OF ANY DANGEROUS EXPOSURE LEVELS. GENERAL NOTES DETAIL @006 NTS epu@6V o; uinjol CONCRETE AND REINFORCING STEEI__NOTES: 9 CIQUICNSR COPPER CLAD STEEL CONDUCTOR SHALL NOT BE USED FOR WORK GENERAL NOTES: I. a/w w -NARY FNxsr I - w+IxAcs w JF ' u GROMINUINCONDUCTOR L AT&T MOBIUTY 1. ALL CONCRETE WORK SHALL BE M ACCORDANCE WITH THE ACI 301, ACI 318. ACI 336, ASTM A184, 10. MISCELLANEOUS ELECTRICAL AND NON-ELECTRICA. METAL BOXES. FRAMES AND SUPPORTS SHALL ON THE DESIGN DRAWINGS. NO REINFORCING STEEL SHALL BE CUT WITHOUT PRIOR ENGINEERING APPROVAL, ASTM AI&S AND THF DESIGN AND CONSTRUCTION SPECIFICATION FOR CAST-IN-PIACF CONCRFTF. BE BONDED TO THE GROUND RING, IN ACCORDANCE WITH THE NEC. C 2. ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 4000 PSI AT 28 DAYS. UNLESS It. METAL CONDUIT AND TRAY SHILL BE GROUNDED AND MADE ELECTRICALLY CONTINUOUS 'MTB ALL EXISTING ACTIVE SEWER, WATER, W. ELECTRIC. AND OTHER U'ILFIES WHLPL LNCOUNILRLU IN IHL NOTED OTHERWISE. LISTED BONDING FITTINGS OR BY BONGING ACROSS 'HE DISCONTINUITY 'MRH 6 AWG COPPER WIRE u- 3, REINFORCING STEEL SHALL C04FCRM TO ASTM A 615, GRADE 60. DEFORMED UNLESS NOTED GTIIERWS4 APPROVED GROUNDING TYPE CONDUIT CLAMPS (A) RESULTS OF CONCRETE CYLINDER TESTS PERFORMED AT WE WELDEDWIRE FABRIC SHALL CONFORM TO ASTM A 185 WELDED STEEL WIRE FABR.0 UNLESS NOTED OTHERWISE. 12, GROUND CONDUCTORS USED IN THE FACILITY GROUND AND LIGHTNING PROTECTION SYSTEMS SPLICES SHALL BE CLASS -9' AND ALL HOOKS SHALL BE STANDARD. UNO. SHALL NOT BE ROUTED THROUGH METALLIC OBJECTS THAT FORM A RING MOUND THE D CONDUCTOR, SUCH AS METALLIC CONDUITS, METAL SUPPORT CLIPS OR SLEEVES THROUGH WALLS OR 4. THE FOLLOWING MINIMUM CONCRETE COYER SHALL BE PROVIDED -OR RENFORCING STEEL UNLESS ILORIS. WHIN II 15 REQUIRED TO BE HOUSED IN CONDUIT TO MEET CODE REWNEMENIS OR LOCAL THE CONCRETE GRADE SUPPLED. SHOWN OTHERWISE ON DRAWINGS: CONDITIONS, NON-METALLIC VATFR AL SUCH AS PVC PLASTIC CONDUIT SHALL BE USED. WHERE USE OF CONCRETE CAST AGAINST EARTH........3 IN. METAL CONDUIT IS UNAVOIDABLE (E.G.. NOII-METALLIC CONDUIT PROMBIILO BY LOCA CODL) IHL GROUND CONDUCTOR SHALL BE BONDED TO EACH END OF THE METAL CONDUIT. CONCRETE EXPOSED TD FAR'H OR WEAWER� FROM EACH TRUCK. 3, ALL S'TE WORK SHALL BE AS INOKATCD ON THE CRAWNGS AND PROJECT SPECIFICATIONS. 13, ALL TOWER GROUNDING SYSTEMS 514ALL COMP'_Y WITH THE REQUIREMENTS OF ANSI/TA 222. FOR 06 AND LAHGLN ..........................2 IN. TOWERS BEING BUILT TO REV G OF THE STANDARD, THE WIRE SIZE OF THE BURIED GROUND RING AND O5 AND SMALLER & WNIF ....... 1 1/2 IN. CONNLCIIONS HLIWU,h IHL IOWLR AM IHL BURIED GROUND RING SHALL BL CHANGED FROM 2 AWG TO 2/0 C.ONCRFTF NOT FXPOSFD TO FARTH OR WEATHER OR 40T AWG. IN ADDITION, THE M:MMUM LENGTH OF THE GROUND RODS SHALL BE INCREASED FROM 8 FEET TO 10 FEET, CAST AGAINST THE GROUND: SV3 AND3 4 IN GROUNDING NOTES WALL........................ / . C0.UMNS........... ..1 1/2 IN. BEAMS END S. A CRAMFEP 3/4' SHALL BE PROVIDED AT ALL EXPOSED EDGES OF CONCRETE, UNO, IN ACCORDANCE WITH ACI 301 DETAIL MDO SFCTION 4.2.4. 6. POST INSTALLED ANCHORS SMALL BE PROVIDED IN ACCORDANCE WITH SPECIFICATION 3GS-118-00013 'SELECTION. DESIGN, INSTALIATON, INSPECTION AND TESTING Of ADHESIVE AND MECHANICAL EXPANSION ANCHORS FOR SITE WORK GENERAL NOTES: I. a/w w -NARY FNxsr I - w+IxAcs w JF ' u WIRELESS SITE FACILITIES'. ANCHORS SMALL BE HlTI OR APPROVED EQUAL, INSTALLED, INSPECTED AND TESTED AS SHOWN AT&T MOBIUTY ° °'/P. Ia n ww+.- r r� 6TANDAR DpNTES� ON THE DESIGN DRAWINGS. NO REINFORCING STEEL SHALL BE CUT WITHOUT PRIOR ENGINEERING APPROVAL, 1. THE SUBCONTRACTOR SHALL CONTACT UTILITY LOCATING SERVICES PRIOR TO THE START OF CONSTRUCTION. C 7. CONCRETE CYLNDER TEST IS NOT REQUIRED FOR SLAB ON GRADE WHEN CONCRETE 6 LESS THAN 50 CUBIC YARDS (IBC 1905.6.2) IN THAT EVENT THE FOLLOWING RECORDS SHALL BE PROVIDED BY THE 2. ALL EXISTING ACTIVE SEWER, WATER, W. ELECTRIC. AND OTHER U'ILFIES WHLPL LNCOUNILRLU IN IHL it I N LII CONCRETE SUPPLIER: WORK, SHALL BE FROTECTEO AT ALL TIMES, AND WHERE REQUIRED FOR THE PROPER EXECUTION OF THE (A) RESULTS OF CONCRETE CYLINDER TESTS PERFORMED AT WE WORK, SMALL BE RELOCATED AS DIRECTED BY CONTRACTOR. EXTREME CAUTION SHOULD BE USED BY THE SUPPLIER'S PLANT, SUBCONTRACTOR WHEN EXCAVATING OR DRILLING PERS AROUND OR NEAR UTILITIES. SUBCONTRACTOR (B) CERTIFICATION OF MNMUM COMPRFSSIVF STRENGTH FOR SHALL PROVIDE SAT -m TRAINING FOR TIC WORKING CREW. THIS WILL INCLUDE BUT NOT RE LIMITED TO THE CONCRETE GRADE SUPPLED. A) FALL PROTECTION 8) CONFINED SPACE C) ELECTRICAL SAFETY D) TRENCHING & EXCAVATION IBR GREATER It" 50 CUBIC YARDS THE GC SHALL PLRFURM TILL CONMIL CYLINOLN IESI, TAKING THREE CYLINDERS FROM EACH TRUCK. 3, ALL S'TE WORK SHALL BE AS INOKATCD ON THE CRAWNGS AND PROJECT SPECIFICATIONS. CONCRETE AND REINFORCING STEEL NOTES DEIAIL 1002 NTS D2 GROUNDING NOTLS! I. THE SUBCONTRACTOR SHALL REVIEW AND INSPECT THE EXISTING FACILITY GROUNDING SYSTEM AND LGHTNING PROTECTION SYSTEM (AS DESIGNED AND INSTALLED) FOR STRICT COMPLIANCE WITH THE NIEC (AS ADOPTED BY THE AHJ). THE SITE-SPECIFIC (UL, LPI, OR NFFI LIGHTING PROTECTION CODE, AND GENERAL COMPL14ME WITH TELCORDA AND TIA GROUNDING STANDARDS. THE SUBCONTRACTOR SHALL REPORT ANY VIOLATIONS OR ADVERSE FINDINGS TO THE CONTRACTOR FOR RESOLUTION. 2. ALL GROUND ELECTRODE SYSTEMS (INCLUDING TELECOMMUNICATION, RADIO, LIGHTNING PROTECTION, AND AC POWER GESS) SHALL BE BONDED TOGETHER. AT OR BELOW GRADE. BY TWO OR MORE COPPER BONDING CONDUCTORS IN ACCORDANCE WITH THE NEC. 3. THE SUBCONTRACTOR SHALL PERFORM IEEE FALL -OF -POTENTIAL RESISTANCE TO EARTH TESTING (PER IEEE 1100 AND 81) FOR NEW GROUND ELECTRODE SYSTEMS, THE SUBCONTRACTOR SMALL FURNISH ANDINSTALL SUPPLEMENTAL GROUND ELECTRODES AS NEEDED TO ACHIEVE A TEST RESULT OF 5 OHMS OR LESS. TESTS SHALL BE PERFORMED IN ACCORDANCE WITH 25471 -000 -SPS -L000-0001, OLSIGN & TLSIWG OF FACILITY GROUNDING FOR CELL SITES. 4. METAL RACEWAY SHALL NOT BE USED AS THE NEC REQUIRED EQUIPMENT GROUND CONDUCTOR, STRANDED COPPER CONDUCTORS WITH GREEN IN5UTATION, SIZED IN ACCORDANCE WITH THE NEC, SHALL BE FURNISHED AND INSTALLED WITH THE POWER CIRCU IS 10 HIS LOUIPMLN1. 5. EACH BTS CABINET FRAME SHALL BE DIRECTLY CONNECTED TO THE MASTER GROUND BAR WITH GREEN INSULATED SUPPLEMENTAL EQUIPMENT GROUND WIRES, 6 AWG STRANDED COPPER OR LARGLR NOR INDOOR HIS; 2 AWG STRANDED COPPER FOR OUTDOOR HIS. 6. EXOTHERMIC WELDS SHALL BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRADE, 7. APPROVED ANTIOXIDANT COATINGS (I.E., CONDUCTIVE GEL OR PASTE) SHALL BE USED ON ALL COMPRESSION AND BOLILO GROUND CONNECTIONS. B. ICE BRIDGE BONDING CONDUCTORS SHALL BE EXOTHERMICALLY BONDED OR BOLTED WITH STAINLESS STEEL HARDWARE TO THE BRIDGE AND THE TOWER GROUND BAR. REFERENCE DETAIL It "1144" 4. IF NECESSARY, RUBBISH, STUMPS, DEBRIS, STICKS, SIONES AND OTHER REF,ISE SPALL BE REMOVE) FROM THE S'TE AND DISPOSED OFF LEGALLY, S. AL EXISTING. INAC7.VE SEWER, WATER, CAS, FLECK HI AND OTHER DIRITIFS, WHICH INTFRFFRF WITH THF EXECUTION OF THE WORK. SMALL BE REMOVED AND/OR CAPPED, PLUGGEO OR OTHERWISE CISCONTNLEO AT POMNRS WHICH WILL NOT INTERFERE WITH THE EXECUTION OF THE WORK, SUBJECT TO THE APPROVAL OF COIIIFICION. OWITLN ANU/UR LOCAL UIILIIILS. 6. SUBCONTRACTOR SINAL MINIMIZE DISTURBANCE TO EXISTING SITE DURING CONSTRUCTION. 7. THIO SUBCONTRACTOR SHALL PROVIDE SITE SIGNAGE IN ACCORDANCE WITH THE AT&T MOBILITY SPECIFICATION FOR SITE SHINACIL B a. ME SITE SHALL BE GRACED TO CAUSE SURFACE WATER -0 ROW AWAY FROM THE BTS EQUIPMENT AND TOWER ARRAS. 9. ND FILL CR EMBANKMENT MATERIAL SHALL 8E PLACED ON FROZEN GROUND. FROZEN MATERIALS. SNOW OR ICE SHALL NOT BE PLACED IN ANY FILL DR EMBANKMENT. 10 THE SUB GRACE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH UNIFORM GRADE PRIOR TO FINISHED SURFACE APPIICATKIN. 11. THE AREAS OF THE OWNERS PROPERTY DISTURBED BY THE WORK AND NOT COVERED BY THE TOWER, EQUIPMENT OR DRIVEWAY, SMALL BE GRACED TO A UNFORM SLOPE, AND STABILIZE. TO PREVENT EROSION. 12. SUBCONTRACTOR SHALL MINIMIZE DISTURBANCE TO EXISTING SITE DURING CONSTRUCTION. EROSION CONTROL MEASURES. R REQUIRED DURING CONSTRUCTION. SHALL BE N CONFORMANCE WITH THE LOCAL JURISDICTION'S GUIDELINES FOR EROS'ON AND SEGMENT CONTROL. SITE WORT( GENERAL NOTES1 DETAIL A01 02 BECHTBL COMMUNICATIONS, INC. FREDERICK, MO 21703 JW 5295 WES1VNIIEW DRIVE PHONE: (301) 228-6000 P365 SHEA BLVD/ SAGUARO BLVD 9810 NORTH TECHNOLOGY DRIVE FOUNTAIN HILLS. AZ 85050 p 1p4�.r! at ,.j' AT&T MOBILITY 7011,X0 N. TATUM RI VD. SUITE 400 PHOENIX, AZ 85050 PHONE: (4BU) 414-1829 I. a/w w -NARY FNxsr I - w+IxAcs w JF ' u AT&T MOBIUTY ° °'/P. Ia n ww+.- r r� 6TANDAR DpNTES� IWEL. 0INMc- A c Pt/11 1s MNLMwm KNFIIUc110M W.1+,G5 i a PI x 1 Lx C +.nKS X A PI/Ia la nR1WAMn wllmxlalPx JF A IME oMaroxS r Pu Aw 25735-625 11 PHNXAZ-P365-02 F +a S.A. PT5LM0 It w MMAM Wr w E S 4 3 2 it I N LII A ELECTRICAL INgTALLATION NOT= S I. WIRING, RACEWAY, AND SUPPORT METHODS AND MATERIALS SHALL CONTI WITH TME REQUIREMENTS OF THE NEC AND TELCORDIA. 7 SUBCONTRACTOR SHALL MODIFY EXISTING CABLE TRAY SYSTEM AS REOURED TO SJPPORT RF AND TRANSPORT GMAM 70 'HE NEW BIS EQUBC IPMENT. SUBCONTRACTOR SHALL SUBMIT N SUBMIT TO CONTRACTOR FOR APPROVAL 3. ALL CIRCUIT SHALL BE SEGREGATED AND VAII MIN;MJM CABLE SEPARATION AS REWIRED BV THE NEC AND TELCORDIA 4. CABLES SIAL 401 BE POLITO THROUGH LADDER -STYLE CABLE TRAY RUNGS 5. EACH END OF EVERY POWER, GRCUNONG, AND TI CONDLCT3R AND CABLE SHALL BE LABELED MTH CO(OR-CODED INSULATITW OR FLEC.TRCN TAPE (3M F.RAND. 1/7 INCH CLASTIC FIFCTRICV 'AFF MM W PROTECTICN, OR EWA.) THE IDENTIFICATION METHOD SHALL CONFORM MIN NEC & OSHA MID MICR EXISTING INSTALLATION REQUIREMENT. 6. POWER PHASE CONDUCTORS (IE.. HOTS) SHALL BE LABELED MTN CO -OP -CODED INSULATION OF ELECTRICAL TAPE (31A BRAND. % INCH FLA`+IC ELECTRICAL TAPE MIN W PRCIECMM. OR EOUAL) PHASE CONDUCTOR CO.OR CODES SHALL CC44FORU WITH THE NEC It 05HA AND MATCH EXISTING INSTALLATION REQUIREMENTS. 1. ALL ELECTRICAL COMPONENT SHALL BE CLEARLY LABELED WITH ENGRAVED LAMACOID PLASTIC UMBE_S. ALL EWPYENI SHALL BE LABELED WITH THEIR VOLTAGE RATING, PHASE CONFIGURATION, WIRE CONFIGURATICM, POWER nR AMPAM, RATING.. AND RRWH rIR'l1T' ID NJMRFPS (I F., PAINFI BOARD AND CIRCUIT ID'S)- 8 PAHLUIKA4US (13 NUMLRR5) AND INTEHNAL LRCUIT BRAHLRS (CIRCUIT IU NLMULNS) SHALL M CIfARIY LABELED WITH ENGRAVED LAMN:UU PHASIC LABELS 9 NI TF WRAPS WWRF PFRMIT7n SIM! BF CUT HUSH OATH APPROED G.11T7:N6 Tm TO RFU IVF SHARP EDGES. USE LOW PROFILES RE WRAPS. IC POKER, CONI AND EQUPMENT GROUND WRING IN TUBING CR CONDUIT SHALL EE SINGLE CCNOJCTOP (12 AWG OR LARGER), 600 V, OIL RESISTANT TION OR THWI CUSS 8 STRANDED COPPER MUE RATED FOR 9C -C (WET AND DRY) OPE RADON. LISTED OR LABELED FOR THE LOCATION AND RACEWAY SYSTEM USEC. LNIFSS nI11must, SPFCFIFD. II SUPPLEMENTAL EOLIPYENT GROUND MRNG LOCATED INDOORS SHALE BE SINGLE CONDUCTOR (6 AWG OR LARGER), 60C V. OL REZAA17 14HV ON IHWN-2 GFLLN INSULA'ON. CLASS B 57FMDLC COPPER CABLE RATED FOR 90'C (WEI AND DRY, OPERATION. LISTED OR LIBELED FON THE LOCATION AND RACEWAY SYSTEM LSED. UNLESS OGERMSE SPECIFIED. 12. SUPPLEMENTAL EQUIPMENT GROUND MRNG LOCATED OUTDOORS, OR BELOW GRACE. SHALL BE SINGLE CONDUCTOR 2 AWG SOLID TINNED COPPER CABLE, UNLESS OTHERWISE SPECIFIED. 13 POWER WIPING, NOT IN 1•JBRr, OR C3NW'. SMALL BE MJLT'-CONDUCTOR, TYPE TC CABLE (12 AWG ON LARGER). 60C V. OL RESISTANT THHN OR THWN-2, CUSS B STRANDED CCPPER CABLE RATED TOP 90 -C (WET AND DRY) OPERATION, WGN OVRER JACKET, LISTED OR LABELED FOR THE LOCATON USED, UNLESS OTHERWISE SPECIFIED. 14. &L POWER AND GPQUNGNG CONNECTIONS SHALL BE CRIMP -SME COMPRESSION WIRE LUGS NID MRU&IS BY INOTMS AND ANTIS (CR LQI LUGS AN3 WRLNUI5 51 -AL. BE WALED FOR M'LRAICN AI NU LESS MAN 7FC (SOC IF AVN.AB.E)� 15. RACEWAY AMD CABLE TRAY SHALL L BE LISTED OR LABELED FOR ELECTRICAL USE IN ACCJRDAN.E WITH NFMA III, NISI/IFFF, AND NEG., 16. NEW RACEWAY OR CABLE [RAY WILL MICH SHE LISTING INSIALLAIIGII WHERE POSSIBLE. 17. ELECTRCAL METALU: TUBING (EMT) OR REDID NCNMEIALLC CONOUI (I.E. RIGID PVC SCHEOVA 40. CR POID M SGHFILAE All MIT 10CATFINS SI IRIFGT TO PHKN'AI MMCF) AHW1 RIF USED FGR IxPOSFO INDOOR LOCATIONS. 18. ELECTRICAL METALLIC TUBING (EMT), ELECTRICAL NONMETALLIC TUBING (ENT). OR RIGID NONMETALLIC CONDUIT (RIGID PVC, SCPEDULE 40) SHALL BE USED IOP CONCEALED INDOOR LOCATIONS 19. GALA10,11E0 STEEL INTERMEDIATE METALLIC COMMIT (HPC) SHALL BE USED FOP OUTDOOR LOCATIONS ABOVE GRADE 20. RIGID NONMETALLIC CONDUIT (IL., RIGID INC SCHEDULE W OR HXRD PVC SCHLCULL 80) SHALL BE USEDrUNDEPGRWNO; DIRECT BURIED, IN AREAS OF OCCASIONAL LIGHT VEHICLE IRAFFTC ON ENCASED IN REINFORCED CONCRETE IN AREAS OF HEAV' VEHICLE TRAFFIC 21. UOUKD-11GHT FLEISLE MEIALUC CONDUIT (L UID --TEE FLEX; SHALL BE JSED INDOORS AND OUTDOORS. WHERE VIBRATION OCCURS OR FLETVU'Y IS NEEDED 22. CONDUIT AND 7UOING FITTINGS SHALL BE THREADED OF COMPRESSION -TYPE AND APPROVED FOR THE LOCATION USED. SETSCREW FITTINGS ARE NOT ACCEPTABLE. BECIiTEL COMMUNICATIONS, INC. 5295 wESMEw DRIVE MD 21703 PHONE. : (3030 1) 228-6000 6 epua6V o; uanleM LL_CIRICAL INSTALLATION NOTES: 23. CAB NET$, BOXES, ANO WINEWAYS SHALL BE LISTEC OR LABELED FOR ELECTRICAL USE IN ACCORDANCE WITH NFW, NIL, ANSI/IFFF, AND NEL. 24. GAL+NLIS. BOXES, MU WREWAYS 10 MIDI THE LXMING NSIALLATION WHLRL POSSIBLE, 25. WIREWATS SEMLL BE EPDXY-COATED (GRAY) AND INCLUDE A NNGED COVER, DESIGNED 73 SWING OPEN DOWNWARD; SAW I Of PANTMIT TYPE F (OR FOLIO); AND RATED VEVA 1 (OR RFT'ER) INDOORS, OR NEW .AR (OR BETTER) OUTDOORS. 26. EQUIPMENT CABINETS, TERMINAL BOXES. JJNCNOV BOXES. AND PULL 93NES SHALL BE GALVANIZED OR LPUXY-COALED SELL' STEEL 'SHALL NEL' W EXCEED UL SU. AND RATED NEMA I (OR 800) NVA:RS. OR NEW 3R (OR 3RTER) OLTDCOPS 27. METAL RECEPTACLE, SWITCH, AND DEVICE BOXES SHALL BE GALVANIZED. EPDXY-COATED, OR NON- CORROpNG. STALL MEET OR EXCEED UL 514A AND NEW OS 1. AND RATED NEW 1 (OR BETTER) INDOOPS, OR WTA1HfR PROTECTED (WP M RFTT'R) OUTDOORS. 28 NOWEIALLIC RECLPIACLL, SMICN, NIC LkVICE BOXES WA MEET OR OGLED NEW LIS t, ANC FATED NEW 1 (O7 BETTER) INDOORS, OR WEATHER PROTECTED (WP CP BETTER) W1000R5 29. THE SUBCONTRACTOR SHALL NOTIFY AND OBTAIN NECESSARY WTHOR;ZATION FRCM THE CONTW:IOR ELAINE COMMENCING WORK ON THE AC PUNIER OISTRIBUTWN PANELS. 30. 'HE SUBCONTRACTOR SHALL PROVIDE NECESSARY TAGGING ON INE BREAKERS, CABLES AND CIS'RIR'TnN, PANns N AG.^.OROANGF MIH'NE APPLCAfif COOFS AND SiANEARps TO WfC..MRD AGANS' LRE AND PROPSR^Y ELECTRICAL INSTALLATION NOTES DUAIL 039 US S-P,UCTURAL STEEL NOTES: I ALL STEEL WORK SI.A-L BE PAINTED IN ACC04DANCE WITH 'HE PROJECT SPECIFICATIONS AND IN ACCORDANCE WITH ASTM A36 UNLESS OTHERWISE NOTED. 2. ALL WELDING SHALL BE-ERFOPMEO USING E70XY ELECTRODES MID WELDING SHKL CONFORM 70 AISC. WHERE FELET WELD SIZES ARE NOT SHOWN, PROVIDE THE MINIMUM SIZE PER TABLE JZ A IN THE AISC 'MANUAL 0- STEEL CONSTRUCTION'. PAINTED SURFACES SHALL, BE IOUCHL'J UP. 3. 801.70 CONNECTIONS SHALT. BE ASTM A325 BEARING TYPE (3/4TW) CONNECTIONS AND SHALL HAVE MINIMUM OF TWO BOLTS ONIFSS NOTFO OTHFRWISE, 4. NUN-SIRJCIURAL CONNLC'IJNS IDR STELL GRA'ING MAY US; 5/8T DA. AS7M A 307 BOTS UNLESS NOTED OTHERWISE. 5. POST NSTAL_ED ANCHORS SHALL BE PROVIDED IN ACCORDANCE WI'H SPECIFICATION 3GS-718-00013 'SELECTION, DESIGN, INSTALLATION. INWILCIION AND ILS'ING W ADHLSTAA ANU MECHANICAL EXPANSION ANCHORTS FOR WIRLLLSS SITE IACIUIILS ANCHCRS SHALL ML HILH OR APPROVED EQUAL. INSTALLED. INSPECTED AND TESTED AS SHOW% ON THE DESIGN DRAWINGS NO REINFORCING SIFF. SKALI. OF CUT WITHOUT PRIOR ENGINEERING APPROVAL. STRUCTURAL STEEL NOTES DETA LS1014 03 SOIL COMPACION NOTES FOR SLAB ON GRA<)t 1 EXCAVATE AS RECURED TO REMOVE VEGETATION AT TOPSOIL EXPOSE UNDISTURBED NATURAL SLBGRAOE AND PLACE CRUSHED STONE AS REQUIRED. 2R. CCMPACT.ON CERTIFICATION. AN INSPECTION AND WRITTEN CERTIFICATION BY A OUALI=IED GEOTECHNICAL TECHNICIAN OR ENG -NEER IS ACCEPTABLE. 26- AS AN ALTERMTUE TO 11EM 20. THE -JNCISTUROEO SOIL' BASE St -ALL BE CCMPACTEC WITH *COMPACTION EOUITWENT-. LISTED BELOW. TO AT .EAST 90% MODHILO PNUCIOR MAXIMUM DENSITY PER ASTM U ESS/ MLIHOU C. 7, AS AN AITFRNAT14F TO ITEMS 2ND AND 71, PROOFROII YHF SUBGRAnF SCALLS WITH 5 PASSES OF A MEDIUM SIZED VIBRATORY PIAT. COMPACTCR (SUCH AS BOMAG BPR 30/38) OR WAND -OPERATED SINGLE DRUM VIBMIOPY ROLLER (SUCH AS BOMAG B'N 55E)- ANY SUIT AREAS THAT ARE ENCOUNTERED SHOULD BE REMCWO AND REPIAACEO MM A WELL -GRADED GRANULAR FILL, AND COMPACTED AS STATED ABOVE. 3. CCMPACTED SUBBASE SHALL BE UNIFORM & LEVELED. PROVIDE 6" MINIMUM CRUSHED STONE OR GRAVEL COMPACTED 'N 3' U -TS ABOVE CCMPACTEC SOIL GRAVEL S1•µ_ BE IATJRAL OR CPU$•IED WITH TCO% PASSING IT SEVE. COMPACTION EQUIPMENT, HAND OPERATED DOUBLE DRUM. VORATORY POLLER. 'VIBRATORY PLATE COMPACTOR OR JUMPING JACK COMPACTOR - SOIL COMPACI:UN NOILS_ FOR SLAB ON GRADE WAIL10 2A NTS 03 SYMBOLS i wrRa/+J HNLAMYRY cTWn+xIKKa, In P365 S U P W/w +A AaLAAWn ca ,+wlcw. w SNEA BLVD/ SAGUARO BLVD SIMc H + L cars+AucmlH w N o7iH:9 IJ V u xNAn, XR,H W 9810 NORTH IECHNOWGY UNIVE AT&T MOBILITY A m 1. +A HYW1AwAAY cINN K.+rn PSI FOUNTAIN HILLS. AZ 85050 7(A.R1 N. TATUM RIM. SUITE 40n PHCENIN. AZ 85050 RAR I1LNF7gN5 e PHONP; (4BU) 414-iB29 AS FHQN OLSGRID A W 5 4 3 SOIL COMPACION NOTES FOR SLAB ON GRA<)t 1 EXCAVATE AS RECURED TO REMOVE VEGETATION AT TOPSOIL EXPOSE UNDISTURBED NATURAL SLBGRAOE AND PLACE CRUSHED STONE AS REQUIRED. 2R. CCMPACT.ON CERTIFICATION. AN INSPECTION AND WRITTEN CERTIFICATION BY A OUALI=IED GEOTECHNICAL TECHNICIAN OR ENG -NEER IS ACCEPTABLE. 26- AS AN ALTERMTUE TO 11EM 20. THE -JNCISTUROEO SOIL' BASE St -ALL BE CCMPACTEC WITH *COMPACTION EOUITWENT-. LISTED BELOW. TO AT .EAST 90% MODHILO PNUCIOR MAXIMUM DENSITY PER ASTM U ESS/ MLIHOU C. 7, AS AN AITFRNAT14F TO ITEMS 2ND AND 71, PROOFROII YHF SUBGRAnF SCALLS WITH 5 PASSES OF A MEDIUM SIZED VIBRATORY PIAT. COMPACTCR (SUCH AS BOMAG BPR 30/38) OR WAND -OPERATED SINGLE DRUM VIBMIOPY ROLLER (SUCH AS BOMAG B'N 55E)- ANY SUIT AREAS THAT ARE ENCOUNTERED SHOULD BE REMCWO AND REPIAACEO MM A WELL -GRADED GRANULAR FILL, AND COMPACTED AS STATED ABOVE. 3. CCMPACTED SUBBASE SHALL BE UNIFORM & LEVELED. PROVIDE 6" MINIMUM CRUSHED STONE OR GRAVEL COMPACTED 'N 3' U -TS ABOVE CCMPACTEC SOIL GRAVEL S1•µ_ BE IATJRAL OR CPU$•IED WITH TCO% PASSING IT SEVE. COMPACTION EQUIPMENT, HAND OPERATED DOUBLE DRUM. VORATORY POLLER. 'VIBRATORY PLATE COMPACTOR OR JUMPING JACK COMPACTOR - SOIL COMPACI:UN NOILS_ FOR SLAB ON GRADE WAIL10 2A NTS 03 SYMBOLS & ABBREVIATIONS DETA 1010 ALTs 13 2 ABBREVIATIONS ACL ABOVE GRADE LEVEL BIS BATE TRANSCEIVER STAnON (C) EXISTING (N) NEW MM MINIMUM H.T 5 MUI 10 SCALL RE- RFFFRFIACE w RAUIO I NLOULNLY' 'YP TYPHCN NEC REQUIRED FCR fO111PMFNT GROUND RING AWG AMLNH.AN WIRL CJILGE CRGR C.f 1 RFFERENCF GROUND BAR (MASTER GROUND BAR) CG EQUIPMENT GROUND BCW BARE COPPER WINE SAD SMART INTEGRATED ACCESS CWICE GEN GENERATOR IGT INTERIOR GROUND PING (I4141.0) RBS RADIO BASE STANCH c C E A AT&T MOBILITY STANDARD NOTES HNV 25736-625 11 PHNXAZ-PSBb%ll r 12 A H SIN: SYMBOLS 5 G SOLID GROUND BUS BAR S U SOLID NEUTRAL BUG BAR A R SUPPLEMENTAL GROUND BAR 2-PO1E FNERAAL-MAGNETIC CIPCUI BREAKER SNGLE-PO-E THERMAL -MAGNETIC C ROUT BREAKER e CHEMICAL GROUND ROD ® GROUND ROD DISCONNECT SWITCH 19 METER ■ CAOWE-D TYPE CONNECTION 0 CCMPRESSION TYPE CONNECTION - - - - GROUNDING. MRF SYMBOLS & ABBREVIATIONS DETA 1010 ALTs 13 2 ABBREVIATIONS ACL ABOVE GRADE LEVEL BIS BATE TRANSCEIVER STAnON (C) EXISTING (N) NEW MM MINIMUM H.T 5 MUI 10 SCALL RE- RFFFRFIACE w RAUIO I NLOULNLY' 'YP TYPHCN NEC REQUIRED FCR fO111PMFNT GROUND RING AWG AMLNH.AN WIRL CJILGE CRGR C.f 1 RFFERENCF GROUND BAR (MASTER GROUND BAR) CG EQUIPMENT GROUND BCW BARE COPPER WINE SAD SMART INTEGRATED ACCESS CWICE GEN GENERATOR IGT INTERIOR GROUND PING (I4141.0) RBS RADIO BASE STANCH c C E A AT&T MOBILITY STANDARD NOTES HNV 25736-625 11 PHNXAZ-PSBb%ll r 12 A H SIN: N•,J. ,j. uclwi2ks �; •. it ' �;'•. `'l T. 100 ' I .. Rl)..-...' =.. _.. .•.. .=•'MTC EAY C, -3r OA ACRA •-• - CURTewYYCNr...l1S - ;.1, . "100 iC<(SSNR'T+' 6 ] nr DOCI ]003-0=]SIN. lPII __.-__-_ "a'-•-.>• .i.J•S ou'll. `'' :,•HiSY:IMRO :_ NIMD ................. .._.._. .'`.. _- fkKMf. >n'T.n•. --- 01l.6T(y) -•_ [OUPNI[xl TEAS[ AM. �' I,v9.KYTwAAI9.a TErAAIWE Wf. ,, `W �10 iccFsi JO 0 Yl\Rr'6k6EYfM Yf4a '-LTG .eJ ♦4R•WT TUX AP4 • M W I2oo! 0>290 \ ;�ir,6lw.ea "•__.' l -•-t.ui.2o'. I-lvv.:•. \4 ''ffiJt'/�:/!poli rerru:![:P[A moc. P•zo.ao'.' . L•`•'/ URDY YW[Y[M� TT!!'0!n 1-93�a']0 ��/I:, • \ ICJ1'191I .'�: y',f oi•r/� STE CE -41L STATE 1• . 32' � - �MOsysV s.>'�-�-`-`<;.'?.__ ', ' - r'_ DOc9 ]IWro•296,. � - ' . _ ._ _ EID6aytry v -r tcT.t. 1TRODE r.SyyC . _ _ _ _ _ .• - _ �'=!� �� '� \�.! 1.166?[ II -]00010 bJ to IT SIT kt .S AECWDEO w MIgWENT 2001 IECUR`S O OAMCNA tolM". AM2WA. OIW 'A'. TEXAS MARS RASA, AL(O.wG TO M "I Ot ASE.D N 1 TA6 OT WY PAA 31 OT -AL NECWUS a AMLW. Lunl>, DENC14MAM YIYArW t .JNEO 1NW tlK D- ._MA -.1 KrLT«O (3010 09 PA.AIWS. NAW NI SAM OF BEATINGS SKRY iiIW `RNWau ZEA(bI'VEAT OWD 9t CYS C95[.VAIfNS4J L.KINDMAR SURVEY MIES OMIT � nIOT SsiEROK E AITT%l M BWS. I 0' 11 ASSa.Cl OK n•LE ANC S 4AiM AT, I.-IINW q 51[N UYI[xK MAY ATMCI TIS (EASE APEA AND »•[ NOf KW ROTRC M SCIROA.1 SITE. If/IEW a ItOT'm IOW MEND wTGAyAnW NCE CRS NCI CMYINR A KATtOKA OMBEY L1 M P.fP1AM1 UTLRYNOTES ALL UE.JMS YAPKEO •[MW AAE BASE.- W M SLI[ STAKE MOP.NC) (MOKSRO 91 OMERM MWC S) N LD -TAR LOCATE MPDATS AE MOD.1 CIPS tIM1KYN M NOT WWMRE MAT ALL UPLIMS WE YTOM IT IS M MVPrUIR ITY n M CWTKACII:. To f.Wl.ft NUI ST I A1M WA nM• MYEL'KD ARNOES 10 LxATE ELL UTUMS MIN 10 CWSTRUCT, . 1ACERTRICATION M -1W1M A(T]M_ n MIA,- AMI IaNPI,M AT IW 11NRa OT IA. YCTM 1.15 MIIM IPIf111 (IS) 1111 M 111 .-1 (NAM.) n M Na..NO TO -I 1.3 r'M'.N THEE ()) MET epus6V o; uanleM ____ FRIM tNAeIaA`�.o N1 fuRn«»NIIs IDw I..,k Ilc �OU'�•�, RUN TA 11 A IO DO 1001 WIDE ACCESS KB UILIM1 EASEMENT EWER A POPTW V 'K EAS' WNIMTY n „N IAS, NNf q >ECTKM JI, 11-- , ITA -T Of SEC11W 2T, ICTMUIP f NWM. qA 6 EAST V n( MA AND 541 L)y PAY Nal IT AS....[TTA fnMTY, AKUW64 1- 5f.1 lIlr W IAfN u � J fir. ` ww CfrNNLMG 11 A r YYASS CAP .1 1. YIENYOIIW 1tYMLLUGK OYK Nlli A 5000 IOOI rDE ALLEY AS STEW W W4 PLAT 112-1. SMOPOED ITT BCW ISO �%• for. uuac r � / PSWIAEIR TO .212 ILt' 19 ��WNi a•OIC WT TOW1. aTA WRK TU M NI I •a e i NAYNC . KAI R SOON RET, T[IIR A.WG SAO arK TOM wall T OTOIAR A RNsµ ANGLE V 26 KNEES 02 WJRS OO MEWS AMO W KC sj4,a)� lf/WM a T ILEI TU A -I. TWEWET MPUTHC SAD CWIEAI ANN W RWEES X YM.RS /I SECONDS 4�� .r11 .AIOA.r9 Wry/i 6� M1 O"T3R LOMNo No-IAAW •`16, r;ANI 0' MOTPn.G « TAWUS -OW 12 N4•!!1 Cl WJR) •0 YCWM RS', ell 1.1 10 ATN. 1 N : NES RUy. `f GCT1S � T C15TN4 6.'__ 921h qlT G C ) [varaYO�[6ZY1 I.loo' � l [.�A 4y RNR. V �YC _AETOS OVER 4tL SITE I,� LArra 2s )• 2em9r xoPM •2oD' IWQ"I.. -A) IAIfi6•PITS- OLI.TIDN161ST vATCO9 �: ACCESSMD UTLITY EASEMENT LEGAL DESCRIPTION LEASE AREA LEGAL DESCRD>TION A IO DO 1001 WIDE ACCESS KB UILIM1 EASEMENT EWER A POPTW V 'K EAS' WNIMTY n „N IAS, NNf q >ECTKM JI, 11-- , ITA -T Of SEC11W 2T, ICTMUIP f NWM. qA 6 EAST V n( MA AND 541 L)y PAY Nal IT AS....[TTA fnMTY, AKUW64 1- 5f.1 lIlr W IAfN a M NLA AAIO SALT bWEP BASE AITE MAA. MWCOP. [OUB1111FIWASI DEXIOSEO .5 TOLLOAS' SIDE OF M 1OLL-6 gSE.YED EEM TkW,t LO1NDIMG AT A Ia)ND GRASS CM AT TE INRM.ECBW TEVOOM GI' DIDLL AW CfrNNLMG 11 A r YYASS CAP .1 1. YIENYOIIW 1tYMLLUGK OYK Nlli A 5000 IOOI rDE ALLEY AS STEW W W4 PLAT 112-1. SMOPOED ITT BCW ISO OF YAPS - 20. AEX S Of YWICOPANAl CDUNTT1 -Mk' E Sa.M M SOON 6. ..IS' 11 MTNILS 1. I TTWETs K , OT MAIWA.WG M, NIIMMKAAIITT -0 -1. w PSWIAEIR TO .212 ILt' 19 ��WNi a•OIC WT TOW1. aTA WRK TU M NI I I.— ..l S 0100100 a 1. 1 x.[ - SA. LYML( 0 n[ glOtrRWr IIOOOf!• NAYNC . KAI R SOON RET, T[IIR A.WG SAO arK TOM wall T OTOIAR A RNsµ ANGLE V 26 KNEES 02 WJRS OO MEWS AMO W KC A RNN4 A•IGL Ol X gYRt1 01 .-ILl W YL'WOY ANI W .IOC IT... 120 26 R[I 'D A Poe.L lf/WM a T ILEI TU A -I. TWEWET MPUTHC SAD CWIEAI ANN W RWEES X YM.RS /I SECONDS T[«CE XPASMa SAD EFNRALaIC INKY TO CEfFE[S 55 ~TtS 28 SEL'CWS last A pl'•NR OT IS00 Ml 1U A .-I W TK NWK•A• O,R O - EAST. .A- IS -1 I. 0SIWIl - M-tt, . yCOMDSWIS t�js•1}] 6VIt, IM YI N rMfN S3; M, , X100 Y 0 Sti'.2MAIt f SAETO I,— ro N, M PWT Y BEEKA.MD, r;ANI 0' MOTPn.G « TAWUS -OW 12 N4•!!1 Cl WJR) •0 YCWM RS', ell 1.1 10 ATN. 1 MNK -1A] O. "AE>S 2> -lil 12 Yf'fNri IISI, I'. Irfl, I[.hAKR• MIfAMO M .< MN•'.' AN M M -1 V 7AYAI.1•JM, ' L -1 ES ATMIl SI -1AS SE -1 -f. IS. •111. il(Nx SOITN B) GEG+(ES 22 MR.MTES -2 SECOCS EAS'. 'A SO RET 10 A POM? AK 450. CWKNWc AI SAD Ptwt •.'. N[P(.KIER WIEMT[p To AS gW''A'. M«R COW '*AJwOV•» 0 S 03 LEOEES 21 OT UNS 12 YOIT CS EAST. 1:10 -RT. MARL MWM 41 IOW!) ] WURS '2 YI- KS', ^JCC •E•1, WOKE Na6M QO MOAEFS 12 W11TI 4 SECODS EAST, I501T MI. 0rn1[iS l: MOMIRS M _1 M11, TIM RII In r•9 PIPIT V It-IIIIW; 11RNEE SOON OfMatti 22 W/TES 12 SEC- EAST. I... MET. MNCE AW M MS RWLY JI -LI 11 YLT 1 -11. no. II IN AM ALSO ITE -I .r SAD PW"A' VICINIL- MAP $TME M'S DIRECTIONS ERLM M ST 1•OTTIM TAKE I.- Ba 1 ." -1 •0 V-1EAS• • WAGE 7110 M •NlW. 101 LOOA IAV 11. MLC$) TAKE EOT .' TW VCA MID (SO 14E1 TAN tLr1 W Io SIC. am 10. -ITS) C1RN PWT WTO E RCIwRCOr pelt IT- AN.ES) • SIR .LE BE W M 01WI (01 MUS) lTK TMIE CAIS 'Aft, JN[I 4T POWISKAT LWf,MWGII• l 1AM LI aI SOPS,'w r LYS ' 10.ro' -.,.vLz 15 a .•T,•f "it OcIr.- 'E W 126)' 1MAODY.R Lt) ' 1000' .5759-A'114 .1s Nlr.I LT. 2.29' .7001 I3 Mao' MSt1.12•II U tlW NM'l1V6•E t> t. W' .- 111E LIY 2TO.O0' WIT491IN l]O •(1960' S2WU'tlV W, .1O N' SN!"BV 114 TTlI 1>) 11)OI' Kln6')TV IS 1500' W"--V I.I. lh •� MCS12'S1•N l U6 S91a !1a'M'21V 01 SIO' MAN'•6•• WS 1 M1B' N2f.']T2 Ll] ).1S' MMM').Y U0 I NM' YSO)'.NYF L.3 1665' N61'N'N1 l}) ]N 11' 521'!9'114 D r COOKI RKOI VDNS ORT. TI IIe M' ATM H'0)'09• _ N I)' 400x1 J101.1' c) .39.10 S. ]TWO' C. 301.1' MOS). >•)S.a' CS 1:011' 1)9.5 -ft" ft S)!0' MM 9JW'!0' U IA,ST xO TO 1-59.0)' B I APER AS RSCO6[D IN PWT W M SOJM LK ot MAT CMIAN MIOOI. !EASE ),I' Nao00'76T SIAIVEY DATE Y•VENT NO 20011-01229016, MCMS OT MWeCOPA COWM1', ARYW.: MNa NW M M ERW61 S• WOR, Y MEMOS NEST, AtaW STEN >NI» MNCE KRM 03 MoTTEM .2 WARS 31 SE- TEES%'M II RC• To A -1 W I[ SOOII VK a' NAT LEPTON AYIENN.:(ASE AM. AS DESCKDED N I Tz/20/12 I LIxE. A MIT K 5.00 IEE'; NETTEX NWCEI W DEMES TO WOGS 2Au OONDS UST, N.OAG M NES• LME TO SNU ,LAY. A aSIMG a S M, I NE WENT LR K ANWw: ]irJKxl ITO IOM) -01)96n. NLCOMIS IT M Ax . NEW xdtlT N DE&I SSI _Ns SO S(CCI05 SEV. AL NO SW )WTN IN(, A n5IAN1J 0, ST. Rrf; FERN MFORIMTIWI P366 SHEA BLVD / SAGUARO BLVD ', at&t nr61r MOBILITY IEOENO sf1 ,Th'I ego AT&T MDBILnY artE SURVEY a.. N ..N OI gWI[S ). -IRS A. SECOWS NEST. 1665 RET To ITC ITRNA -1. W .- W -It. 2. YY>e11 I.f. 41- IK S. OTR Or SAID L[ -ASE, A EKSTWR W 1.15 MI. .(()YM2WTY PMfI w. SI.Ffix MT[ Or Is, rMY BAS[ ROOp at-OCpt art 1 IMWC( a ENYK. NO. MOM 41 MUKfS Y IMNRS .6 STH .11. IA Be IIIT rO ITE � filiYBER NI Ilk3 7fMF FI EVANON (iN M ZONE, USC (RVTIE) n6 -PACE qDy .. qWr V SAA• M1L PWI a ES N EK . MIIIaN LEAP. _ A91Ix[D MNK IAaT•It M gfAEFS M W11RS 2. Y I fM1, ITT 1.1, O.O1JC T r7e 4 9-JU-2W5 K.x 159.5 -IOW (q)-MCOD KN!l NWM 90 OLEAMS 59 IK,INS SO YCaDS Ms'. •UID ILLI. MMR $at- W CEOKES DO Y9NRS 2. SEC01m5.ESI. 1000'MI. RfNSTO Z1-i01J (f.) -C4 -TO, TNp_(aPD MN [ r0••MPIT ,1 . CM(4AAMS 00 114VNFl 5. -11 2� Y 605 iia: 2 n Ill, To M 1PO[ 27d AE D IFI LS .REAS rN A fR .wU4 C -MIO 0E ROOONS TNOI-1gLR 'ETA, V BLC«NnG -IAR11rIANILND A, ot', 17 1 a RORr.4. 2aR A v1AgO n MJ9NJ .S AgA1 u MWLNA1t ROD -AZ-AD - �o - IMDf.OYL,.D "cc. UNIT f0J.O MBW (TOMO) • ,OOW0 o"M CAP TO r 0 ) .r«n •cW rss xoltn EI!•rY _ / )IaMN, bd. a = SIAIVEY DATE .1 T+�� I ©% Avower _1100i15 I Tz/20/12 I AZ 0 BECHTEL COMMU rENI'ltlONB, INC. jj� P366 SHEA BLVD / SAGUARO BLVD ', at&t nr61r MOBILITY sf1 ,Th'I ego AT&T MDBILnY artE SURVEY a.. N Ann1-1-1P aII7//2.0n/Il) iA.SCnaeDJiVaYlT I/Il/."AWvI MCNEENIS) 21]-eS7, o�aq�maY�V ® 9510 NORTH TECNNOLOLY DNM FOUNTAIN HILLS, AZ III 20830 N, TAT Y BLW�SJIJIff .00 PRUNE: (.BO) 575-72.1 art 1 TOY CIN y CNArI n w [S/J0-OY5 PNNKAZ-PJ65-LSI 2 6 54 Ilk3 2i A. 34 V SK epue6V o; uanleM GENERAL NOTES I. THF SUR:ONTRACTCR SHAII GIVE AP NOBCFS ANO RfF.L11ATKTNS AND I 1 LAWFUL ORDERS OF ANY PUBLIC AUTHORITY MUNICIPAL AND UTILITY COMPANY LEASE AREA TABLE n LEASE MFA (ABLE I( SPEOIFICATKJNS, AND LOCAL AND S -AT! JURISDICTIONAL CODES BEARING ON 1 µ THE PERFORMANCE OF THE WORK. THE WORK PERFORMED ON THE PROJECT II{ EXISTING AT&T LEASE AREA: 900 SQUARE FLLI EXISTING AT&T LEASE ANE.: TDO SOUARL /LLT ANDTHE MATERIALS INSTALLEC SMALL BE IN S-RICT ACCORDANCE WITH ALL FEET APPLICABLE CODES. REGLLATICNS. AND OPDINANCES.NEW AT&T lCASE AREA: 475 SQUARE TOTAL AT&T LEASE AREA. 575 SQUARE FEET 2. THE MCIIIIECT/ENGINCER HAVE MADE EVERY EFFORT TO SET FORT" IN THE CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF WORK V THE SUBCONTRACTOR BIDDING THE JOB 15 NEVERTHELESS CAUTIONED THAT MINOR OMISSIONS OR FRRORS IN THF DRAWINGS AND OR .PFCIFICA71Opr, 176-0911 176 -USI N492B SMALL NOT EXCUSE SAID SJ8CONTRAC'OR FROM COMPLETING THE PROJECT IN THE 'HESE OOOUMENTS. AND MPROVEMENTS IN ACCORDANCE LATENT OF 3 ME SUBCONTRACTOR OR RIDDFR SHAH NFM THE RFSPONSIRILITY OF ZONING (() 10' a 10' AT&T ZONING ( (E) 10 ;0' AT&T '. NOTIFYING (IN WRITING) THF AT&T RF-RFSFNTATNF (BFCHTFI) OF ANY IVO -1 LEASE AREA RIO -1 \ LEASE MEA CONFLICTS. ERRORS OR OMISSIONS THE OF , �. \ OR RFOR AN WORK SUBCONTRACTOR'S PROPOSAL O4 PERFORMANCE CF WORN_ N THE EVENT OF DISCREPANCIES. THE SUBCCNTRACTOR SHALL PRICE THE MORE COSTLY OR r EXTENSIVE WORt. UNLESS DIRECTED IN WRI'ING DTFIERW SE (E) FALX CACTJS Zig--- (E) FAUY CACTUS 4 THE SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS, EQUIPMENT, NO CHANGES NO CHMSES LABOR AND ALL OTHER MATERIALS ANO LABOR DEEMED NECESSARY TO (N) EAU% CACTUS COMPLETE THE WORN/PROJECT AS DESCRIBED HEREIN- ' } 1 IV (N) 10' A TD' LEASE AREA } } 5. THE SUBCONTRACTOR SIIALL VISIT THE JOB SITE PRIOR '0 THE SUBMISSION OF BIDS UR PERFORMING %URK TO IAMILIARIZE HVSLLI WITH 'HE FILLU CONDITIONS AND 70 VERIFY THAT TIE PROJECT CAN RE CONSTAUCTEO RI ` } } _ORDAN.^.F WITH THF C.ONIRACT DOCIIMFNTS. ACE (N) 10' UNu1 } EASEMENT b. THE SUBCONTRACTOR SHALL OBTAIN AUIHUNIZAIION IU PROCEED WITH} } } CONSTAUC70N PROR TO STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED BY THE CONSTRUCTION DRAWINGS/:ONTRACT DOCUMENTS. 7 THE SUBCONTRACTCR SHALL INSTALL ALL EOJIPMENT AND MATERIALS ACCORDING IU THE MANUFACIURER'S/VLNIHIRS SPECI•ICAI.ONS LNLLSS 1 } OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECEDENCE .A 8. THE SUBCONTRACTOR SHALL PROVIDE A FULL SET OF CONSTRUCTION / , ` } } 00CUMLNIS Al THE SITE UPOATEU WITH IHE LATEST HEVISICNS AND ADDENCUMS OR CLMIBCATIONS AVAILABLE FOR ME USE BY AL'_ PERSONNEL INIOL.ED WITH THE PROJECT- } (E) 10' UTILITY — EASEMENT , , } (E) 10' UTILITY FASF'MFNT } } 9. THE SUBCONTRACTOR SHALL SUPERVISE AND DIRECT 'H_ PRCJEC" ULSCHIBLD l0 -0 10 -0 ~ HEREIN. THE SUBCONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL THE ` } } } CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES AND FOR COCROEATING ALL PORTIONS OF THE WCRK UNDER THE CONTRACT. 10. THE SUBCONTRACTOR SMALL BE RESPONSIBLE FOR 087ANIKG ALL PERMITS AND INSPECTIONS WHH MAY BE REQUIRED FOR 'HE WORK BY THE K 11 MCHITECI/EYGNEER. THE S"ASE. COUNTY OR LOCAL GOVERNMENT AUTHORITY. 11. 111E SUUCONTRACIDH SIIALL MAKL NL(:LSSAHY PROVISIUNS TU PROTLCI (E) I1' , 20' AT&1 (F) Il' r 20' Ai&' EXITING IMPROVEMENTS, EASEMENTS, PAVEMENTS, CURBING. ETC. DURING S OF WORK. THE SUBCONTRACTOR SHALL SHELTER 1 1 — _E _t}}I SIIELTE4 �� t COIISTRUCTON. UPON COMPLETION REPAIR ANY DAMAGE THAT MAY HAVE OCCURRED CUE TC CONSTRUCTION ON , o ON ANUUI IPL PROPERTY. 12. THE SUBCONTRACTOR SHALL MAINTAIN THE GENERAL WORK AREA AS CLEAN AND HAZARD FREE DURING CONSTRUCTION AND DISPOSE OF ALL DIRT, JO' 20 ULBRIS, RVUUISH AND NLMUVL EQLNMLNT 40T SPLCIIILU AS REMAINING ON fL- — — J - 25•_0• ,HEPROVlNIY PREM SlS SMALL BE LUT IN CLEAN CUNUIIICN AVU 1RFf — (E) AT&i EOUIPMENT r (F) A'NT EOIIIPMFNT -.-- FROM PAINT SPOTS. OUST OR SMUDGES OF MY NATURE �' — AREA, SEE PAGE 05 I C 0' -O -O -- FOR DETAILS _ AREA, SEE PAGE 35 -- --. /UR DETAILS 13 THE SUBCONTRACTOR SHALL COMPLY WITH A_L OSHA REQUIREMENTS AS DIEY _ APPLY TO [HIS PROJECT. - 14 THE SUBCONTRACTOR SHALL NOTIFY THE AT&T REPRESENTATIVE (BECHTEL) NORTH EDGE OF—"' -� -- __- - WHERF A CONFLICT OCCURS CN MY OF THF. CON'RA^,T DW.UMF%TS TNF ALLEY -- - — — — — — — SUBCCNTRACTOR IS N31 TO ORDER MA'EROL CR CONSTRUCT ANY PORTION Of 'NIL WUNK THAI IS IN CJNIUCT UNTIL CONFLICT IS RESOLVED LW 1111 AT&T REPRESENTA71VE (BECHTEL). 15. THE SUBCONTRACTCR SHALL VERIFY ALL DIMENSIONS. ELEVATIONS, PROPERTY LINES, CTC. ON THE 48 0oI EXISTING LEASE AREA_0 fll-L SCALE 1�-10p'-0' PROPOSED LEASE AREA _02 n57 o X TRO FT 04A 04A HALF SCALE 1'- 50'-O' GENERAL NOTES 2 01CRA,1. SITE PLAY -- --- - -- -- -- -- SCALF I- A, 100' 0-I 1 Mfl AR1MI COKSrNR'_ IMAY.CS i . BECHTEL COMMUNICATIONS, INC. P365 F, IH/m a 1xlAWw/ cwar«ucoA oA.Mws w s ..aolA ca.s.�cv DPTs w s r at8tt AT&T MOBILITY OVERALLSITEPIAN ® 5295 WESNIEW DRIVE SHEA BLVD! SAGUARO BLVD I�.y%. wrtuawn camAllc�oK w,Asws w f T 0.1 iRCOERICS MD 27703 98'0 NOHIH IL I-NOLOGY DRNL AT&7 M08 PHONE 301 228-6000 ( )FOUNNN HILLS, AZ 85050 708.50N.TATUM fll M. SUI TF Fn4RPKs Jn c IArwc ...+A m 25736-625 PHNXAZ-1`365!04A-04A F PHOENIX. AZ 85050 VNONE' (450) 414-1tl29 —D m w — F w 1 3 2 D m CL w 7 3 I z 22 T r u 9r rx. 1. INSTALL (1) LTE 88U @ (3) LTE RRH'S. 2. 1 IIID SCOPE OF WORK 3 G I d (N) 2-6' U/G CONDUIT 70'-0' (E) CPS ANTENNA 70' 0' (E) CPS AMENNA ._(E) MCO MIT. _ — . — . — — — _ — _ _ _ _ _ _(E) XELCOBDX (E) 6' CONDUIT- 4' 8" (E) 6' CONOUR 13 4' PRO W/ SUPPORT FRAME TA AE XRECM'I ED• W/ SUPPORT FRAME I'..O LOCATION OT RELOCATE CXISTING ((N) LIE � IF THEY (E) COIICRETE EOUPMENT PAD EQUIPMENT TO (N) CANN CANNOT CABE CTUS (E) TELCO BOX (E) ACCESS GATE OX (E) TELCO BOX— AUX INET INET ' • (E) CONCRETE (E)GAACCESS • • FOUIPMFM Pan A LATE (L) GAZA UNITS , (IU 8L RLMNT40) -s_ .._. O t __•_�_� • • • (E) RUSS (E) GSM (L) UMTS _ (N) IL -5v3 (N) IE45v3tl (N) IE45Y3 (L) UMTS (E) GSM o IE) MUX OC POWER BATTERY PIANT CARINFT BATTERY CABINFT RELOCATED - / / r(F) Af. PANFI — --- '--� (F) AC PANFI. •i (E) METER i (E) METER (E) AUX CABINET, TO BE REMOVED. RELOCATE EXISTING EOUIPMENTNCi TO (N) (N) LTE BBiI W/ TE45 CABI FWR ROX 7' ILI 2'-6' 2'-6' 2'-9' '-1 t'-8" 2 (E) TELCO BOX 1' 2'-6' 2'-6' 2'-6' V-9' 2'-6" 2" (E) TELCO BOX 6' a" I (E) CMU COMPOUND WALL h^ (E) CMU COMPOUND WALL 5 08 FULL SCALE 1/2'=1' 0' FLIT SCA1F 12' 0 2 S R 12' o 1 2 ] 5 if HALF SCALL I/4"=1' -U' HALF SCALE 1/4'-1'-O" EXISTING DETAILED SITE PUN SCALE: 1/2" = 1' 0' 2 NEW OE -AILED SITE PLAN SCALE: 1/2" - V-0' 1 1 1] M�1•Wl F Lao a N41uwxr cas114K1q,1 wxlw w .� I Ny4/ AT&T MOBIUTV 13ECKML COMMUNICATIONS, INC. 5295 WESIVIEW DINE FREDERICK, MD 21703 P,dvp P365 SNEA BLVD/ SAGUARO BLVD �_,, am c o]/11 ! vxn vaux cars Auow ou«+s w 1w EMTL40 NEWDETNL.ED SITE PLANS m u rrn.w+a. carslniKn'AI w..wcs A 1 1 , Txusnnlcmx •nws w N1 PHONE: 301 228-6000 ( ) 98F DRIVE ILLS, AT&T MOBILITY 20830 N. TE RCM. TE 400 wrt atVrsnrs m cn a4•ne rA.roil ASY 25736-625 PHNXA2-P385-O5 F FOUNTAIN AZ 85 FOUNTAIN HILLS. A2 85050 50 PHOENIX, AZ 85058 PHONE: (480) 414-1829 As swcwH Msxaao er w SAAw Br w 7 3 I z 22 T r u 9r rx. 3 2 N® MANGES (N) FAUX Cactus (/2) ��— --s EXISTING CACTUS WITH GSM/UMTS IS SEE DETAIL 2/06 FOR MINES NOT TO BE TOUCHED UNDER THIS SCOPE I (E) FAUX CACTUS 1) NO CHANGES sb\ u - x n 4 EXISTING ANTENNA PLAN VIEW _ 3 � '-`-Iil) ANTENNAS (F) ANTENNAS (1) PER SECTOR (ttP. Or S SECTORS) s. -E 1/04 FOR z •� U'ry Z � 4 (Ir) FAUX RoCY TO CGNLFAL (PI) RR.! LWI.' D=TAILS 11 ) ii�� 1 ti I l 1 0 M1 N) SIJRGE PROTECTOR (TYP. OF 1) SEE PACE 15 FORDETAIL S {E) FAUX CACTUS Idp.h (N)RRH UNIT dy� I) PER SECTOR (TYR'OF 3. SECTORS) SEE PAGE 15 FOR QETAILS (N) FAUX RDCA ENCLOSURE, CMTRIIIG (N) RRH-S k (N) SURGE PROTECTOR �+ NE-W—ANTENA--" NEW 2 F 117 11 --"r- -r NEW ANTENNA - � - _ f �A�(ACTURER_ IFAn,RLIw PARTE6-OID7EE WE:'GHT52 LBS FULL SCALE I/4•a l'-4` a e ,z Fr FULL SCALE 1/4`-1'-D• s o a e Ix FT / dIPL nf. FOIA'�4rM 5.�,mYfP r/ �wlTxn" xsi.4_ nn Aawe,�,uxlX's SYFpIuiCWa HALF SCALL 1/8• -C -O' HALF SCALE EXISTING TOWER ELEVATION SCALE. t/<" = 1'-4" 5 ANTENNA 6ETAPL 1 NEW TOWER ELEVATION SCALE: (/4` 1'-4' 4 BECHTEL COMMUNICATIONS, INC. 5245 WEs➢`JIEW OR1VE FREDERICK, MD 21703 PHONE: (301) 225-6049 P365 SHEA BLVD/ SAGUARO BLVD Ndi4 NORTH iECHNOL4OY DRIVE FOUNTAIN HILLS, AZ dvOsO �, Wk at$# AT&T MOOILITY 20A30 N.. TARJV 81VP. SUITE 4PD PHOENIX.) 85050 PH ONE --(4a80) Ili -1824 r m I i. musrmxrnx ox+••n x T. - - AT&T MOBILITY c m/Y t. mrslavcrtw du I4 E%IATINGANEWTDWER PLEVATIONSA ANTENNA LAYOUTS a or a c M4iNNM1 wHrlrolcraN aw NA aF a yy pqY, a rw f y" aMTF cv,smY e+ ee,.,,�Mi.ueue m -- 25736-fi25 PHNxAl-H355-Od F oesvAID R ,u ur+nY e+�. w 3 2 epua6V o; u3nleM MECHANICAL DOWN TILT ANTENNA AICUNTNG AWG THW OR iW BRACKET /` STRANDED CRUN R90 ATTACHED iJ PIPE WITH EXOTHEMIC WELD --! 10 SECTOR CHO BAR P+PE (2• TO 4. 07 AS PEP STRIK:THPA AN/OP MANJrACTURER -PEC FICATIONS) NCIL G A 1. INSTALL (2) Jj"O HILTI KWIK TZ OR EQUIVALENT. UN 80 CAP AT EACH M 3 S EMSEBASE EN', UNS7 MI MUM POST SASE YINIMUY EDGE CISTANCE PROPOSED— UNISTRU• P1OCO OF 8• FROM EDGE OF It I4,. L CIARRLL IVP.SLAB TO ANCHOR. PANELAILNNA ANTENNA VOUN11NG �` z"y��,� Sh1s FIRFR 10X (ON RFAR !p SIOL UI RACK) 2 RACK MAY BE SLID BRACKET S(,p� ](+. k 77 ,A• t ]/s. JNISTRUT CI IPS BACK (AWAY FROM BBU) 11026 TIP. OF A UP TC 6• I= SPACE AVAILABLE ANTFNNA MOUNTING DFTAII F g - L _ �D)O DF TAIL J 52U ,.uAALpS� ( I 8 GPS SURGE SUPPRESSOR ` — 17 75' CHANNTI UNISTRJT P7000 'YP. IL BNU E s/1 C • F NEW ANTENNA CONFIGVRA'iDN J: � � HO[L5 FOSInON c J J J; 1 R —BONDING JUMPERS (� OR N/A) 1 a �0 J. DRILL PATTERN (TVP.) ~� ARTFHNA KATHREIN KATPPEIN r- "or BOU10/66 80010766 i AZIMUTH 0 D (w2�� 1.75 13 )� •,7i i' TKAP[ ✓1 JfY1K115 ARGUS G. F SECTOR A RAn CFNTFR 24' I5' yQI,w w TC45V2 $ \ [wows OUTDOOR R I+ DRILL PATTERN TFCHNOLOGY 1TF SPARF In+roK ENCLOSURE _ _ P,ul 'MA ldPEO YTK (s) +[CTeY+Koua[s ne 23 J0' FIR,_U- _ (+7) sew WKI Mr w, 8 IT n 4 •San - sme, GROUNDING PAD- - COAz r DER FIBER •/e dTt(racs AK K[ctn(m I I J ;) I 1 07 KATHREIN KAT NREN [YINCKXI arKKan,Its I i -7947 POST MSE-- p'T ANTI NNA 80010766 80010766 + KKu IKA]I. uc Koe[K i I SEC NCIE i & 2 C➢ +I 84 ). AYK HW NKK 4 <KAt+T y AZIMUTH 12U' 120' ] gAKV + .( KgKK I C9 B SECTOR B RAD CENTER 24- 15 J +.%MKOUTS ARGJS iF45y7 IN BOTTOM 4' VIN. CLEARANCE TECHNOLOGY LTE SPARE REQUIRED FOR AIR FLOW OUTDOOR OC POWER ENCLOSURE ___________ TMA - - RRh ALCATEL LUCENT 9412 CABINJET coNDurt KnocKauTs CCAK FBER rle[R WITH SINGLE FLOOR STAND & 1 ' BACk1U,L 4 r Nor vseo ANTENNA KAIHNLIN KAIHRLN 7. 1 1' AARP 5 1• NOT US --D 80010766 00010766 FIBER BOX W/ UNISTRUT 3. 1 1 1/2- RRH FIBER I S. 1 1 2• DC POWER AZIMUTH 24? 240 CL NCE TABLE SECIOR C RAD CCNTER 24' 15' FRONT 36- 1 LEFT. 0• REAR: 36• FIGHT. 4' TFCHNOI OCY LTE SPARE IMA - - RRH CCAK P MLR HBEN ANTENNA CONFIGURATION TABLE 3 DEIAL It25 2 LTE BBU DETAIL 1 r OS/++ +] M4l' fY►aMK•]K PVA+r4] f �,� [ w/m a I.1. wKK. co.a+al,oz.. oK...cs ,�. s 1. AT&T MOSIUTY BECHTEL COMMUNICATIONS, INC. P385 atQit a °J"' " [ " " roKs++ucmK d.. cs • 4 5295 WESNICW DRIVEBLVD/ ox/++ If I+[!IArwr CaISIKunIaK owws w . i IA FREDERICKMD 2+703 SHEA BLVD/SAGUARO BLVD eo+, 7+u r•[L IPKn co,nn+cnoK ...ts w i;(• NEW WUWMENT DETAILS AND LTE CABINET DETAIL _� 9810 NORTH IECHNOLGG: DRIVE AT&T MOBILITY +7 K1. I] Isnl NArw C—.0-[w+•wc< w iA. PHONE: (30. 1) 228-6000208.0 N. TANM BI N7. 5l1'iF 000 FOUNTAIN HILLS. Al 8:050 PHOENIX, AZ 85050 drt aMSIOKs A c PNpN (480) 414-1829 .s ]+IC•K uscK[o n w 25736-625 PHNXAZ-P365-07 F 6 : J 4 j 72 1 34 x Y: 0 D LC m CL w 3 2 i21N X91( 0P5 ANTENNA N -MALE CABLE CONNECTOR ANTENNA 1/2' COAXIAL CABLE L -BRACKET (NOTE 1) SHOW" COLLAR L -BRACKET GPS ANTENNA 7/16 DIN FEMALE MOUNT SIM. rCABLE COVHECTOR (SEE DETAIL '' MOUNT KIT 112SA) 3/4' TO 1 1/2' iJ STRAHT -ENNNNAA AWG 7/ 61GDIN MALE eURGE GABLE CALV. STEE- OR PLUM, INSTALL WUIHtF CABLE CONNECTOR -OPPRESSOR _L2 AUR SUPPORT _ MOUNTING PIPE PROOFING PER ANTENNA T ANTENNA MANUF. INSTRUCTIONS CADWELD ON STEEL PIPE. CLAMP IU PLUM. W/tlUHAUY COAX CABL`c TYPE C -11N (3/4' h 1" PIPE) (W/N-MALE CONNECTOR) , , CABLE SH'FLD 'ROUNDNG KIT OR C-22 (1 1/4' & 1 1/2"PIPE)1 COAX CABLE SUPPORT �p pWG DRIP 1 'NO AWG WIRE OUTDOOR _ LOOP (VOTE 2) ENC_OSURE _ 2 AWG GROUND WIRE LUG TFOR G CRGB �P' SECTION OR NEAREST 'P' SUPPLEMENTAL ELEVATION SOL, HT (NOTE 3) 7/16STRAIBIN VALE 6 AUSEWG (MIN.) BAR ISS CABLE CONNECTOR NOT ON SUPPRESSORNSUPPORT 'ROUND BAR (L-ORACN[1 MOUNT) UPS ANTENNA GPS MJ J EQUIPMENT ANTEroTA SET SCREWS .VSTALL WEATHER PROOFING COLLAR PER ANTENN4 MANUF 1" (1 -5/1, O.D.) X INSTRUCTIONS J' -O' MAX. x MALE CABLE SHOWN kCT L -BRAC COVAECTOR SHOWN Ti0.LV. STEEL OR ALUM. COLLAR MOUNTING PIPE PROVIDE APPLICABLE GROUND CABLE CLAMP i/7" CMXW fABIF MOUNT SIM. (NOTE 1) (SEE BETA PIPE -TO -PIPE LUMP (BVRNOY TYPE C -1'N H_MALE 7/16 OW FEN4lE 1f21A) I OR EOUN.) CABLE CONNECTOR CABLE CORNEC"OR ,I —INSU'LATLU S+LII-COLIAN SURGE 2 AWG UVSHING (GARVIN P/N GCIIKIOO SUPPRESSCR SURGE SMELTER HATCH ICE BRIDGE POST WITH GROUND LUC REMOVED) SUPPRFSSnR PLATE i OR SIMILAR POST. / J COAX CABLE CTOR (W/N-MALE CONNECTOR) _ COAX CABLE SUPPORT STRAIGHT AVIG GROUND WIRE CADWELD ONLY IF GROJNCED. tB /TOPOST CABLE CCNNFCTORELEVATION VCABLES-IELD 7 16 BIN MALE���-2 OR LUG TO CRGB 'P" SECTION 'P' = 6 AWCOR NEAREST - DRIP LOOP PI—SMA-FEVALE NOTES; (COLLAR MOUNT) SUPPLEMENTAL GRCUND BAR N-MAL 1. LOCATION OF ANTENNA MUST "AVE CLEAR NEW OF SOUTHERN SKY CABLE CONNECTOR GROUNDING KIT AND CAIINOT HAVE ANY BLOCKAGES EXCEEDING 255 OF THE W/6 AWG MME SURFACE AREA OF A HEMISPHERE AROUI4D THE GPS ANTENNA MFR CARLE <NO1t z) INDOOR UQU LQUIPMLNI 2. ALL GPS ANTENNA LOCATIONS IAusr RE ABLE TO RECEIVE CLEAR SIGNALS FROM A MINIMUM OF FOUR (4) SATELUTES. VERIFY WITH HANDHELD GFS BEFORE FINAL LOCATION OF CPS AIITEIINA. SMALFEMALE 3. CADWELDMG SHALL NOT BE PERFORMED ON ROOFTOPS CARIECONNECTOR EQUIPMENT RACK a, JL -GPS AVILNNA SHALL BE LUCAtEU 10' FROM All ANTENNAS. NOTES. LTE -GPS ANTENNA 1. MAXIMUM COMBINED LENGTH OF LCF4 COAXIAL CABLE IS 320 FEET WHEN USING A 2608 GAIN GPS ANTENNA. PIPE & L -BRACKET MOUNT USE A 40EB GAIN ANTENNA FOR CABLE LENG-H GREATER THAN 320 FEET TO A MAXIMUM OF 450 FEET. 2. INSTALL CABLE SHIELD GROUNDING KIT APPROXIMATELY 3 FEET FROM TIME SURGE SUPPRESSOR. WHEN THE CABLE EXCEEDS 50 FEET, INSTALL A GROUNDING KH AT BOTH THE SURGE SUPPRESSOR AND THE GPS ANTENNA AND At APPROXIMATELY 100 FOOT INTERVALS. 3. PROVIDE SIGNAL SPUTTER WHEN TWO SBU. ARE USED. LTE GPS ANTENNA CONNECTION FOR ALCATEL LUCENT OETA'L 1121A I DEVIL 1505 2 ds 1. 1J A.[L'Y111M Cd51MK }1 P4AIv49 w,IM +, HAI4PINI. I:W,�I,.K,�A PH.,A� BECHTEL COMMUNICATIONS, INC. P365 �! p ° w ' `�` Ta.zTA.c,nA °w1Y$ GPS ANTENNA OETAIL9 5295 WESTVI£W 'RIVE SHEA BLVD) SAGUARO BLVD ""��at&t �-•' J.A o +� TwLIWTUAr EW.1,111En.M PUAtvR FREDERICK, MD 21703ITY 9WO NORTH TECHNOLOGY LARNE TUM9i41. 1 ITLTE PHONE: (301 226-600D HILLS, A2 85050 20830 N.TA SUI TF TOOFOUNTAIN ArvrPOKs 04M�.,.elA 'av pNOENIX,AZ115050w¢ PHONt: (40U) 414-11124 As s.aAK ALSCKm In w LRAAa Tm w 25735-625 1 PHNXAL-P365-0B F 3 2 i21N X91( D m CL n, 7 EXISPNG A/C PANEL SCHEDULE _ T 2 NEW A/C PANEL SCHEDULE 1 BECHTEL COMMUNICATIONS, INC. oal 5295 -STTOR- FREDERICK, AID 21]03 PHONE: (30i) 228-6000 P365 SHEA BLVD/ SAGUARO BLVD 9810 NORIH IECHNOLOGY DRIVE FOUNTAIN HILLS, AZ 65050 at&t ATM MODIUTY 2063) N. TATUM BLVD. SUITE 400 PIIOENIk, AZ 85050 (480) 414-1U f M/16 1] KLI.vluPT Ldr]LALC[k, OM�GS w I S l 1� c W. a wluovrl wrsrrucron u.+.r.rs w I i a AT&T MOBILITY I -7, u c m r r7 rstawur mmlNcrw frtwmGS EXISTING t NEW A/C PANELSCHF.DULES d a]a1] vav�ow] mrslmlcnox w.wcs w ,r r le r] luwar cwrsllncrox oa,.tvcs w t r ap]tt rtKyprry m auc ��.a¢a m 257]6-625 XAZ—Y365-09 FPHONE: 7 AISG CARIF FOR RCT CONTROL NOT LS. 3. 4, 21 (TYP. FOR .S) COAX JUMPERS - NOTES. 3. A, IJ FRC. SECTOR C ANrfNNA AISG CABLE FOR PET CONTPOL NUIt.. 3.A. 21 (Tw F^.R 3) LTE ANTENNA WITH RET NOTES 3. 4 IOL FRH AMS RRH NOTES: rIOT[S 2 CCUNT, SINGLE MODE- I FIBER CABLE CONVECTION. REFER EO RF DATA SHEET FOR APPLICAB ILITY 22. FIBER OPTIC CABLES SHALL INSTALLED IN FLE%ISLE I--� NOTES: S.4, 5, '3 w (TYP FOR 6) m 4 Z 2/C DC CARLES NOTES. 3, A. 5. 13. 14 6/C DC CABLES 2. INSTALLED BY OEM OR AS SCOPED BY MARKET_ (T -P IOR 6) NOTES: 3, 4 NOTES. 3, 4, I4 I* LFNC NOIES: 3, 4 9417 CABntCI W/1 NOTES: 3 A, 6, '6 SUPPORT FIBER AND DC POWER CABLES INSIDE MONOPOLE (I,p FOR 6) FIRFP NOTES. 3. A. S. 6 ALARM CABLE 4. INSTALLED W BECPTEL. NUILS 3, A. ] epus6V o; ujnldo A. LTE ANTENNA J CONVECTION. REFER EO RF DATA SHEET FOR APPLICAB ILITY 22. FIBER OPTIC CABLES SHALL INSTALLED IN FLE%ISLE LTE ANTENNA - - - - - - -. - - - -- -- - - - - - - -- - - NOUS I. FURNISHED BY OEM/AT&T. CONAS SCOPED BY MARKET. CONDUIT 7,1. SFF DETAIL 1505 FOR GPS AMFNNA AND SIIRGF SIIPPRf550P WTI,! RET 12 COUNT, SINGLE MODE f BCR CABLE WITH RET 6/C DC CABLES 2. INSTALLED BY OEM OR AS SCOPED BY MARKET_ AILAILL-LUCENT NOTES: 3, 4 NOTES. 3, 4, I4 NOIES: 3, 4 9417 CABntCI W/1 L iURNSNLO BY BLCHILJ. SUPPORT FIBER AND DC POWER CABLES INSIDE MONOPOLE FIBER FIRFP NOTES. 3. A. S. 6 9926 (88U) NOTES: 1, 2, 5 4. INSTALLED W BECPTEL. GRIPS TSO R 1M%HTR INTERVALS WITH CART( NC.70 BHCHTEL COMMUNICATIONS, INC. 5C wE UNITVIEW DRIVE FREDERICK, MD 21703 MCMI TPA, p �`"� at&t �`"� FIBER 5. FINAL CONNECTION BY OEM OR AS SCOPED BY MARKET. P TO PREVENT CONTACT WITH ENTRANCE AND DRESS O ALARY l8[R NTE 8Y87EXA DIAGRAM m I: m 91ItU NORTH ILCHNULOGY UMNL FOUNTAIN MILLS, AZ 85050 6. OPENEND OF CONDUIT TO BE LEFT WEAT4ERPROCFEO UNTIL AI/tA a ,wn Ma„A. t,WMAIK.In, mAAt•4,s MA i aR AMSMKS ar °rAc r ILCABLESTNG" -6. CONDUN TO BE USED ON A TOWER IF T4E R4H IS MOFE T UIIO' FROM THAN f0' (ROM TNF DSTRIBURON UNITS. MAX CABLE LENGTH °+•s .urtA N. 25736-625 PHNXA2-P3b5-10 F ILRM "LO PHOENIX, AZ 85050 PMONL: (480) 414-1829 +s aw+K uswA e. w JO FRH ON 7DCLEIED 2_ SECTOR A S.PART OF DC POWEP FWH. BREAKERS SPECIFIED SEPAFATEL• 4 3 2 9 BREAKERS TO BE 'AGGER AND LCCKED OUT. '9. OC POWERH-f CABLES SHALL BE -COPPER. CLASS B STTMNOING, '0 SMD IS FURNISHED AND INSTALLED BY CTHERS AND INCLUDES 700 RRH AWS RRH 70C FIRM AWS RRH POWER CONNECI'ONS AND FIBER TO THE JNIT OR AS SCOPED BY MARKET. WHEN IN BEC4TEL SCOPE, INSTALL 10 AWG NOTES' NOTES 2 AWG TOWER NOTES' NOES' CHASSIS ENDO" PRUVIUt (2) IDA BREAKERS FROM A 24V 2, 5 1, Y, ] 1, 2. 5 `, Z. ] DCVOWlN SUUNCt UN (2) 5A BREAKERS FROM A 48V 1:C POWER SOURCF AND CONNECT USING MFR POWFR CARIF NIM 6 ANC SPECIAL C04NECTCR _ _ f[TYPOR 6) NOTE IS t1 ECUIPMENT LOCATED IN EXISTING TELCO BOX. 12. LEC TO FURNISH AND INSTALL NETWORK INTERFACE OEY10E- 13. tFAVF COIIFD AND PROTrCTFO Own TFRMINATFD. W t4. SEE DETAIL 1408 FOR DC POWER CABLE SIZES. G m I5.UC SUNTL SFR.0 SMALL BE RAYCAP OC6-48-60-KM Sl! 6- v, DETAIL 1409 FOR INTERNAL WIRING DIAGRAM. (12) 1/C 12 AWG NOTES 3. 4 CC `URGE SHELF NOTES 3, 4. 15 6 'AG L(2) 1/C AwG IN 40V M. RRFAKFR PANFI 1 1/2' LFMC CON( (1) 1004 & NOTES: 3. 4. 5. 6 (6) 15A BREAKERS ALARM CABLE NOTES- 3. 4, 8. 9 NOTES: ', Z. 5 (1) SPARE 15A BREAKER 66 Bl IiY D Hr4s ALARM UABLLS NOTES IN 1' IFNC CRO NOTES 3, 4. 24 BY OT4ERS 1 ULIJULR „ABINLI HBER FIBER 700 MHA AWS a LTE BBV LIE B3U NCTES: 1. 2, S*\ AE GPS ANTENNA & a`(2) 2 AWG SURGE SJPPRFS'. --- NOTES: 3. 4, 23 2 COUNT, SINGLE MODE FIEER CABLE NOTES: 1. 2, 5 (TYP FOR 2) SND 1' LFNC CONDUIT NOfE: 10 (W/ PUI I STRING) JAu." A A ,. 4, I1 - NE -WORK INTERFACE DEUCE (,ARIES 9, MAP E-) NOTE 12 SYSILM DIAGRAM. IOWLR SIIL WIT( OUTDOOR BASE BAND AND RRH'S ON TOWER NEW ,© NOTES: S. 4. 17 _ - J CONVECTION. REFER EO RF DATA SHEET FOR APPLICAB ILITY 22. FIBER OPTIC CABLES SHALL INSTALLED IN FLE%ISLE - - - - -- - - - - - - - - -. - - - -- -- - - - - - - -- - - 16. SFF DFTAR 1410 FOR INTFRWI. WIRING DIAGRAM. t7. SUPPORT FIBER & OC POWER CABLES WITH SNAP -IN HANGERS CONAS SCOPED BY MARKET. CONDUIT 7,1. SFF DETAIL 1505 FOR GPS AMFNNA AND SIIRGF SIIPPRf550P 12 COUNT, SINGLE MODE f BCR CABLE COA%AL CABLE CONNECTION. 6/C DC CABLES SPACLU NO URLAILN LIMN 3 • CET APART ON IOWLR, AILAILL-LUCENT 24. SEE DETAIL 1150C FOR ALARM CABLE REOUtREMEN'S. NOTES. 3, 4, I4 FIBER W, I 1/2' REDUCER 9417 CABntCI W/1 SUPPORT FIBER AND DC POWER CABLES INSIDE MONOPOLE FIBER FIRFP NOTES. 3. A. S. 6 9926 (88U) NOTES: 1, 2, 5 GRIPS TSO R 1M%HTR INTERVALS WITH CART( NC.70 BHCHTEL COMMUNICATIONS, INC. 5C wE UNITVIEW DRIVE FREDERICK, MD 21703 MCMI TPA, p �`"� at&t �`"� FIBER P TO PREVENT CONTACT WITH ENTRANCE AND DRESS O ALARY l8[R NTE 8Y87EXA DIAGRAM m I: m 91ItU NORTH ILCHNULOGY UMNL FOUNTAIN MILLS, AZ 85050 FlBER AI/tA a ,wn Ma„A. t,WMAIK.In, mAAt•4,s MA i aR AMSMKS ar °rAc r ILCABLESTNG" -6. CONDUN TO BE USED ON A TOWER IF T4E R4H IS MOFE T UIIO' FROM THAN f0' (ROM TNF DSTRIBURON UNITS. MAX CABLE LENGTH °+•s .urtA N. 25736-625 PHNXA2-P3b5-10 F PHOENIX, AZ 85050 PMONL: (480) 414-1829 +s aw+K uswA e. w S 16 FEET -6 5 4 3 2 '9. OC POWERH-f CABLES SHALL BE -COPPER. CLASS B STTMNOING, TYPE UL LISTED FOR 9CC ORAL/75'C NET O&TR JND LA IOUHW .NSTALUTIONS UNtE55 NOTED OTHERWISE. ANTENNA O AT&T ANTENNA HEICHT (RADCS-48-60-18-8F) NOTES 3. 4 & 16 2 AWG TOWER 20 GROUNDING WIRES SHALL BE COPPER. THHN/THWN UL LISTED FOR 90'C DRY/75-C WET INSTAL.ADON. MINIMUM S2E IS 6 AWGUNLESS NOTED OT4ERWISE. 71. RET CONTR01 FROM THE PRH IS AN OPTIONAL METHOD OF (12) 1/C 12 AWG NOTES 3. 4 CC `URGE SHELF NOTES 3, 4. 15 6 'AG L(2) 1/C AwG IN 40V M. RRFAKFR PANFI 1 1/2' LFMC CON( (1) 1004 & NOTES: 3. 4. 5. 6 (6) 15A BREAKERS ALARM CABLE NOTES- 3. 4, 8. 9 NOTES: ', Z. 5 (1) SPARE 15A BREAKER 66 Bl IiY D Hr4s ALARM UABLLS NOTES IN 1' IFNC CRO NOTES 3, 4. 24 BY OT4ERS 1 ULIJULR „ABINLI HBER FIBER 700 MHA AWS a LTE BBV LIE B3U NCTES: 1. 2, S*\ AE GPS ANTENNA & a`(2) 2 AWG SURGE SJPPRFS'. --- NOTES: 3. 4, 23 2 COUNT, SINGLE MODE FIEER CABLE NOTES: 1. 2, 5 (TYP FOR 2) SND 1' LFNC CONDUIT NOfE: 10 (W/ PUI I STRING) JAu." A A ,. 4, I1 - NE -WORK INTERFACE DEUCE (,ARIES 9, MAP E-) NOTE 12 SYSILM DIAGRAM. IOWLR SIIL WIT( OUTDOOR BASE BAND AND RRH'S ON TOWER NEW ,© NOTES: S. 4. 17 _ - J CONVECTION. REFER EO RF DATA SHEET FOR APPLICAB ILITY 22. FIBER OPTIC CABLES SHALL INSTALLED IN FLE%ISLE - - - - -- - - - - - - - - -. - - - -- -- - - - - - - -- - - - - - - - - - - - - - EQUIPMENT LOCATED AT GROUND LEVEL CONAS SCOPED BY MARKET. CONDUIT 7,1. SFF DETAIL 1505 FOR GPS AMFNNA AND SIIRGF SIIPPRf550P 12 COUNT, SINGLE MODE f BCR CABLE COA%AL CABLE CONNECTION. 6/C DC CABLES IN 2' FLEXIBLE CONDUIT/INTERDUCT AILAILL-LUCENT 24. SEE DETAIL 1150C FOR ALARM CABLE REOUtREMEN'S. NOTES. 3, 4, I4 FIBER W, I 1/2' REDUCER 9417 CABntCI W/1 ('YP FOR 2) FIRFP NOTES. 3. A. S. 6 9926 (88U) NOTES: 1, 2, 5 BHCHTEL COMMUNICATIONS, INC. 5C wE UNITVIEW DRIVE FREDERICK, MD 21703 MCMI TPA, p �`"� at&t �`"� c a/Ra a I+XEne,.Kr cunlKlKnw IW.w.4a ,�. s . P w ° u KADAM.A rn sa cmK s w s A ° R:nI . TmLWaVAr aX.lA1KRYI wows w FTA ° R, z9 a MKLWAwr c°KsrANc w4lres r. i r (12) 1/C 12 AWG NOTES 3. 4 CC `URGE SHELF NOTES 3, 4. 15 6 'AG L(2) 1/C AwG IN 40V M. RRFAKFR PANFI 1 1/2' LFMC CON( (1) 1004 & NOTES: 3. 4. 5. 6 (6) 15A BREAKERS ALARM CABLE NOTES- 3. 4, 8. 9 NOTES: ', Z. 5 (1) SPARE 15A BREAKER 66 Bl IiY D Hr4s ALARM UABLLS NOTES IN 1' IFNC CRO NOTES 3, 4. 24 BY OT4ERS 1 ULIJULR „ABINLI HBER FIBER 700 MHA AWS a LTE BBV LIE B3U NCTES: 1. 2, S*\ AE GPS ANTENNA & a`(2) 2 AWG SURGE SJPPRFS'. --- NOTES: 3. 4, 23 2 COUNT, SINGLE MODE FIEER CABLE NOTES: 1. 2, 5 (TYP FOR 2) SND 1' LFNC CONDUIT NOfE: 10 (W/ PUI I STRING) JAu." A A ,. 4, I1 - NE -WORK INTERFACE DEUCE (,ARIES 9, MAP E-) NOTE 12 SYSILM DIAGRAM. IOWLR SIIL WIT( OUTDOOR BASE BAND AND RRH'S ON TOWER NEW ,© _L_ .2 AWG NCTES: 1. 2, S*\ AE GPS ANTENNA & a`(2) 2 AWG SURGE SJPPRFS'. --- NOTES: 3. 4, 23 2 COUNT, SINGLE MODE FIEER CABLE NOTES: 1. 2, 5 (TYP FOR 2) SND 1' LFNC CONDUIT NOfE: 10 (W/ PUI I STRING) JAu." A A ,. 4, I1 - NE -WORK INTERFACE DEUCE (,ARIES 9, MAP E-) NOTE 12 SYSILM DIAGRAM. IOWLR SIIL WIT( OUTDOOR BASE BAND AND RRH'S ON TOWER NEW ,© _L_ .2 AWG F DETAIL '02 1 r O/16 I] r.LLU,Iw,ar C°MTAN°. l BHCHTEL COMMUNICATIONS, INC. 5C wE UNITVIEW DRIVE FREDERICK, MD 21703 P385 SHEA BLVD/ SAGUARO BLVD p �`"� at&t �`"� c a/Ra a I+XEne,.Kr cunlKlKnw IW.w.4a ,�. s . P w ° u KADAM.A rn sa cmK s w s A ° R:nI . TmLWaVAr aX.lA1KRYI wows w FTA ° R, z9 a MKLWAwr c°KsrANc w4lres r. i r AT&T MOBILITY NTE 8Y87EXA DIAGRAM ® PHONE. 301 228-6000 ( ) 91ItU NORTH ILCHNULOGY UMNL FOUNTAIN MILLS, AZ 85050 AT&T MOBILITY 7O830 N. TARTY R1VO StFIF 400 AI/tA a ,wn Ma„A. t,WMAIK.In, mAAt•4,s MA i aR AMSMKS ar °rAc r °+•s .urtA N. 25736-625 PHNXA2-P3b5-10 F PHOENIX, AZ 85050 PMONL: (480) 414-1829 +s aw+K uswA e. w -6 5 4 3 2 V. 6' COx01PT NIPP.r WTD. (HO) +R A (1) /10 1W0 /4/0 ATII: ;TYP. WtWrrH TIO CND K(FOR 5 RECTIFIERS!. (2) /12 h (1) 012 WC \ T445V3e BATTER' CABINETS): (FOR NEATER h MATS) AND (2) 012 h (1) 012 \NTERNN,,f PARED THNCUGH CASINET 1:N0 (,am wLI) All I.ULIS SHALL HI I 11. ION CHASES BD C (SEE NOTES I h 2) SINGLE LINE DIAGRAM, A_PHA TE45V3.DC DOWER PLANT W-TH TWO ADJACENT Te45V38__aATTERY CABINETS CONNECTED TC REMOTE AC POWER PANEL D/C POWERP-MIT CITE LITE DIAD^AM BECHTELCOMMUNICATIONS, INC. P365 at&t ��77+5285 . IEw DRNE FREDERICK. MD SHEA BLVD/ SAGUARO BLVD 21703 ' 9tl10 NURIN ILCHNOLUGY DRNL AT&T MOBILITY PHONE: (301) 228-6000 FOUMAIN HILLS. AZ 85050 208.0 NN TARIM RIM. uar 4D0 6 5 4 0 D (D CL w 45V BUD i HMR CNC BVS BAR l 40v BUS BAR CNO BUS BAR Ill NII 20W% R+ LKSECT AC mo U'J ^ UUU ^ P`MEPFAYEL ON 12MAC • 1� 1100 Yw YDD SEIr_Su"ORTRIC H_rawE 5-1SR cFn INC1 IqP. (RCI.TED ASDYEr____T__J____,_____ a f ---- T---- GRAD-) 1 1 ---------------------1 1• 1 I ICONVER'E4 SHELF 1 I I 1 I I I 1 1 1 I I I 4 ____t -___l T i ATI--. 1.1111 as � 11' CONCU,i ALARM CABUxG PECIYIER I RECTIFIER 1 RECTIFIER I RLCHF,ER I RECtr0 I RECDRUI I RE-,CABII fEA ICONRRILIERI 0 02 03 /4 /5 1 C/BATRE. OTN H� AND BA Ry CIRCUIT BREAKER 1 L____l____J____J_____ 1 I L -___1____J 1 1___________________J FALURE. 1 1 00000000 SYS'E4 I I I RAR I I I I BAITER' 'WE -1 J. I r4cioaY-wsuLl.ED I [--. --------------------------1 11 1 I II I I CHASSIS GROUND 1 1 1 1 1 1 1 1 1 1 1 1 TTT TTT-rTTTTY 1 1 I I I I I I 1 1 1 1 1 1 1 1 A; TERM RAL STRIP BLOCK (SEE — '-- FAnE- SHEt1 /5 I I 1 1 I � LElNL 'A' � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 I 1 1 1 t BAITEM SHELF /3 I I 1 I I I 1 1 I 1�A11LK MILLI /: 1 1 I I I I I I I I 1 IAiIEM SHELF FI I I I I 1 r ------------------------------ I 1 � I I 1 1 I I - I I I I I BATTERY SHELF /1 1 I 1 1 1 1 I MARERY SHELF /1 1 1 I 1 I I I I 1 I L______________________________J L__________________3 FACTOR, INSTALLED ALPHA Te45V3B FACTOT'-MSTALlFO A.PHA Te45V3 E%TERMA. GROJND PRIMARY BATTERY L I"RNK I:NUUNU S1UU CABINET STVD CABINET /2 ANG1 02 AWG I (IW Gc) � (Fry r4:)� SINGLE LINE DIAGRAM, A_PHA TE45V3.DC DOWER PLANT W-TH TWO ADJACENT Te45V38__aATTERY CABINETS CONNECTED TC REMOTE AC POWER PANEL D/C POWERP-MIT CITE LITE DIAD^AM BECHTELCOMMUNICATIONS, INC. P365 at&t ��77+5285 . IEw DRNE FREDERICK. MD SHEA BLVD/ SAGUARO BLVD 21703 ' 9tl10 NURIN ILCHNOLUGY DRNL AT&T MOBILITY PHONE: (301) 228-6000 FOUMAIN HILLS. AZ 85050 208.0 NN TARIM RIM. uar 4D0 6 5 4 0 D (D CL w 24OVAL IN+UT, Rrr,TmrR. DETAIL "A". Te45V3 CABINET AC TERMINA_ BLOCK WIRING NOTES' 1. RECTIFIER SHELF HAS (5) POSITIONS FOR RECTIFIERS INSTALL CONDUIT AND CONNECT WIRING TO RECTIFIER MODULE POSITIONS 1 10 5 REFER TO PROPOSED AC PANEL SCHEDULE FOR OUANnTY OF ACTW RECTIFIERS. 2. INSTALL ONE 30A CIRCUIT BREAKER FOR EACH RECTIFIER TO REINSTALLED. REFER TO PANEL SCHEDULE. UNTERMINATED WIRES IN THE PANELBOARD SHALL BE CAPPED AND COILED. BREAKER INTERRUPTING RATING SHALL MATCH PANELBOARO. 3. THIS DETAIL 15 APPLICABLE FOR A -48Y POWER PLANT 4. REFER TO PROPOSED AC PANEL SCHEDULE FOR CIRCUITS TO NEW ALPHA Te45V3 AND Te45V3B CABINETS. S. OC POWER PUNT AND BATTERY CABINETS ARE FURNISHED WITH VENDOR -SUPPLIED CABLING TO DAISY-CHNN AC POWER FOR BATTERY HEATER MATS FROM THE AC POWER TERMINAL IN THE OC POWER PUNT TO EACH BATTERY CABINET. C B F, AT&T MOBILITY DO POWER PLANT SINOLE•UNE OSAGPAM AS -"K I PrsG D w r, PMxx w MA 1 1 25736-625 1 FHNKA[-IT36S-11 F 3 1 2 1 27, sl N L__JL.TH ,.1 LTI THi i i _ CORDEK RECTIFER SHELF IJ U'J ^ UUU ^ T -$TAT 12MAC • 1� 1100 Yw YDD TRCI x00. RER PER xOD. ,KiO "" x00 INC1 IqP. HEATER RECFPT MAT a HEP O � MATS /, /x 1 1• Isn -I 4 1 1 I I I I 1 ------- T -1-T11 rrT-rTTr-j TD TO to IDR ME 90T1d1 11 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRAY ml fol l 11 1 I II 1 1 1 1 1 1 1 1 1 1 1 1 HUIER IIFARa ,IFARa TO GFG 1 1 1 1 1 1 1 1 1 1 1 1 TTT TTT-rTTTTY 1 1 11111 1111111 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I 1 1 1 1 1 1 1 11� I I 1 1 1 1 1 1 1 1 1 1 I I I 11 g I 11 I I 1 rT,l/, ����JJI AA Jgg .. r T-Tll Ili 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 I 1 1 1 t 24OVAL IN+UT, Rrr,TmrR. DETAIL "A". Te45V3 CABINET AC TERMINA_ BLOCK WIRING NOTES' 1. RECTIFIER SHELF HAS (5) POSITIONS FOR RECTIFIERS INSTALL CONDUIT AND CONNECT WIRING TO RECTIFIER MODULE POSITIONS 1 10 5 REFER TO PROPOSED AC PANEL SCHEDULE FOR OUANnTY OF ACTW RECTIFIERS. 2. INSTALL ONE 30A CIRCUIT BREAKER FOR EACH RECTIFIER TO REINSTALLED. REFER TO PANEL SCHEDULE. UNTERMINATED WIRES IN THE PANELBOARD SHALL BE CAPPED AND COILED. BREAKER INTERRUPTING RATING SHALL MATCH PANELBOARO. 3. THIS DETAIL 15 APPLICABLE FOR A -48Y POWER PLANT 4. REFER TO PROPOSED AC PANEL SCHEDULE FOR CIRCUITS TO NEW ALPHA Te45V3 AND Te45V3B CABINETS. S. OC POWER PUNT AND BATTERY CABINETS ARE FURNISHED WITH VENDOR -SUPPLIED CABLING TO DAISY-CHNN AC POWER FOR BATTERY HEATER MATS FROM THE AC POWER TERMINAL IN THE OC POWER PUNT TO EACH BATTERY CABINET. C B F, AT&T MOBILITY DO POWER PLANT SINOLE•UNE OSAGPAM AS -"K I PrsG D w r, PMxx w MA 1 1 25736-625 1 FHNKA[-IT36S-11 F 3 1 2 1 27, sl N L__JL.TH ,.1 LTI THi i i _ IJ U'J ^ UUU ^ BT' 12MAC ,103 MCO U 1100 Yw YDD 12UK/IPA ENOL. CIC. HEATER /1 02 /3 /4 05 HEATER RECFPT MAT AND 1,EATER l COHHECTIGN MATS 24OVAL IN+UT, Rrr,TmrR. DETAIL "A". Te45V3 CABINET AC TERMINA_ BLOCK WIRING NOTES' 1. RECTIFIER SHELF HAS (5) POSITIONS FOR RECTIFIERS INSTALL CONDUIT AND CONNECT WIRING TO RECTIFIER MODULE POSITIONS 1 10 5 REFER TO PROPOSED AC PANEL SCHEDULE FOR OUANnTY OF ACTW RECTIFIERS. 2. INSTALL ONE 30A CIRCUIT BREAKER FOR EACH RECTIFIER TO REINSTALLED. REFER TO PANEL SCHEDULE. UNTERMINATED WIRES IN THE PANELBOARD SHALL BE CAPPED AND COILED. BREAKER INTERRUPTING RATING SHALL MATCH PANELBOARO. 3. THIS DETAIL 15 APPLICABLE FOR A -48Y POWER PLANT 4. REFER TO PROPOSED AC PANEL SCHEDULE FOR CIRCUITS TO NEW ALPHA Te45V3 AND Te45V3B CABINETS. S. OC POWER PUNT AND BATTERY CABINETS ARE FURNISHED WITH VENDOR -SUPPLIED CABLING TO DAISY-CHNN AC POWER FOR BATTERY HEATER MATS FROM THE AC POWER TERMINAL IN THE OC POWER PUNT TO EACH BATTERY CABINET. C B F, AT&T MOBILITY DO POWER PLANT SINOLE•UNE OSAGPAM AS -"K I PrsG D w r, PMxx w MA 1 1 25736-625 1 FHNKA[-IT36S-11 F 3 1 2 1 27, sl N LTE 8SU CABLE FIELD -SIDE CABLES NOTE 5FOR 3) ALU CABLE P/N 849097480 ALARMS (NOTE NOTES 6 & 7 ALARM n _' r / 1 1 S QLSG !OIIS V /u 5 2 4, 8. 12 & 16 3 8 4 6 7 B 9 to t1 12 IS 14 15 16 17 18 19 20 21 22 23 24 25 26 INSTAL I. NFW JUMPER FROM 77-79. NOTES: 1. MOUNT 66 BLOCK NEAR EXIST.NG ALARM BLOCKS. 2.WIRE TO PROVIDE CONTINUITY WHEN CONDITION IS NORVAL 3. INSTALL BRIDGING CLIPS AS REWIRED 4. ALL SPARE, UNUSED CONDUCTORS SHALL BE TURNED BACK AND STORED FOR POSSIBLE FUTURE USE. 5. ALCATEL-LUCENT PRE -ASSEMBLED LTE BSU CABLE SHALL BE USED UNLESS OTHERWISE DIRECTED BY THE MARKET. WHEN FIELD ASSEMBLED, THE CABLE SHALL BE I6 -TWISTED PAIRS, 24 AWG, SOLID BARE COPPER, SHILLOLD UL 'YPL LMR/CMG, Willi P/C JACKEI. 111E BBU END SHALL BE FITICU Willi FOUR RJ -45 PLUGS CONNECTED AS SHOWN 6. FIELD -SIDE CABLES SHALL BE TWISTED PAIRS. 24 AWG. SOLID BARE COPPER, UNSHIELULO (PHEf EHRLU) OR SHIELDED. CABLES FOR INDOOR INSTALLATION SHALL BE UTYPECMR/CMG. OR CALX W.TH PVC JACKET. CABLES FOR OUTDOOR INSTALLATION SHALL BE UL TYPE CMX-OUTDOOR OR MOISTURE RESISTANT. THE NUMBER OF PAIRS SHALL BE AS NECESSARY FOR THE REOU''RED ALARMS. ANSI STANDARD COLOR CODE IS SHOWN. APPROVED ALTERNATE COLOR CODE MAY BE USED AND SHALL B£ DOCUMENTED ON AS -BUILT DRAWINGS. 7. TWO ALU CABLE TYPES MAY BE SUPPLIED; ALU CABLE P/N 849097480, LABELED 'ALARMS" AND ALU CABLE P/N 849066840, LABFLEO 'T1/EI AND ALARMS'. PJNCH DOWN EITHER CABLE IN STANDARD COLOR CODE SEQUENCE AS SHOWN. ALV ALARM INPUT POINT NUMBERS ARE UIFFEPLNI FOR THE TWO CABLL TYPES. PUNCH DOWN FIEF -U SIDE AS SHOWN fCR ALU CABLE TYPE FURNISHED FOR THE S'TE. • AS REQUIRED ALU RJ45 ALARM PRI CONNECTIONS ALARM PTS PIN (-) PIH (COMMCN) 1, 5, 9 & RPS ITE RRII AT x SYS SPD 2.6.10& 14 S 6 3, 7, 11 & 15 5 4 4, 8. 12 & 16 7 8 TAG, DO NOT REMOVE . WHT/BLU TO AT -GRADE OC6 RPS ITE RRII AT x SYS SPD 31 BLU SPO (SFE OETAtt 1409, 14094 32 (NOTE 4) 1464, O4 1466) 33 34 35 -'6 51 38 39 40 41 42 43 44 1 T ALARM RI-OCK ASSIGNMENTS -- Ai 1) 45 (EXISTING DC CONVERTER ALARMED) 46 47 411 49 50 O O O OETAIL 107 BECHTELCOMMUNICATIONS,INC. 5295 wESTV1Ew DRIVE FREDERICK. MD 2' 703 PHONE: (301) 228-6000 P365 SHEA BLVD/ SAGUARO BLVD 98'0 NORTH TECHNOLOGY LARNE FOUN-AIN HILLS, AZ 650�i0 Ems/ p >' / at&t AT&T MOBIL) IY 2OR30 N. TATUM RIM. SUI IF 400 PHOENIX, AZ 65050 M/1b 1 Y,MM x E W/D] I] VDILYi4W'I CPl51MYC,gM DR,vINGS W X 1 CMSINDAOx+ .w<s w F 02/11/13 IrEEuaw+IXIlI uDt OA4b1M.T A „A F r I r , u,w. CdS+INDtXW .n .. DnISTIn Dt/1S 1] rt:tXx, w J in ,p p1rz S g+ pIb AS St,M+ DESCRED Br I,A DMw Bt'. va PHONE: (4110) 414-1829 6 5 4 3 1 AT&T MOBILITY LTE ALARM BLOCK ASSIGNMENTS 25736-625 F PHNXAZ-P36712 T 2 22 , 34 D C R A LTE BBU CABLE NOTE 5 (NOTE 3) OESGR PTITIOUS 0 oz 0 2 3 4 5 6 7 B 9 10 I 2 13 4 5 6 7 to 19 20 21 22 73 14 25 26 FIELD -SIDE CABLES IDR ALJ LAULL P/N 049097480 ALARMS NOTES 6 & 7 NOTES: I.MW NI 66 ULOCK NLAR L%ISIING ALARM ULDCK$ 2. WIRE TO PROVIDE C04TINLM WHEN CONDITION IS NORMAL 3. INSTALL BRIDGNG CLIPS AS REWIRED 4, ALL SPARE. UNUSED CONDUCTORS SHALL BE TURNED BACK AND STORED FOR POSSIBLE FUTURE USE. 5. ALCATEL-LUCLNI PRL-ASSLMULLU LIL UBU CAULL SHALL BL USEU UNLESS 011ILMY15L DRLCILO BY T4E MARKET WHEN FIELD ASSEMBLED, THE CABLE SHALL BE 16 -TWISTED PAIRS, 24 ANG, SOLID BARE COPPER, SHIELDED UL TWE CMP/CMG, WITH PVC JACKET. THE BBU END SHALL BE FITTED WITH FOUR RJ -45 PLUGS CONNECTED AS SHOWN 6. FIELD -SIDE CABLES SHALL BE TWISTED PAIRS, 24 PWG, SOLID BARE COPPER, UIISHIELDEO (PREFERRED) OR SHIELDED. CABLES FOR INDOOR INSTALLATION SHALL BE UL TYPE CMR/CMG, OR CMX WUH PVC JACKET. CABLES FOR OUTDOOR INSIALLADON SHALL BE UL TYPL CMX-OUIUUUR OR MUISIJRE RESISTANT. THE NUMBER OF PAIRS SHALL BE AS NECESSARY FOR THE REQUIRED ALARMS. ANSI STANDARD COLOR CODE IS SHOWN. APPROVED ALTERNATE COLOR CODE MAY BE USED AND SHALL BE DOCUMENTED ON AS -BUILT DRAWIIIGS. 1. IWO ALU CAULS TYPES MAY BE SUPPLIED: ALL CABLE P/N849097480, LABC_ED 'ALARMS' AND ALU CABLE P/N 849066840, LABELED'Tt/EI AND ALARMS'. PUNCH DOWN EITHER CABLE III STANDARD COLOR CODE SEQUENCE AS SHOWN. ALU ALARM .NPUT POINT NUMBERS ARE DIFFERENT FOR THE TWO CABLE TYPES. PUNCH DOWN FIELD SIDE AS SHOWN FOR ALU CABLE TYPE FURNISHFD FOR THF SITE. AS REOUIRED ALU RJ45 ALARM PIN CONNECTIONS ALARM PTS PIN (-) PIN (COMMON) ', 5. 9 & 13 1 2 2. 6. 10 & 14 3 6 3. 7. 11 h 15 5 4 4, 8. 12 & 16 7 8 G C WHT/BLU FROM 45 OTE 3 2.1 BLUF FROM 50 RBS Df. ! ONV. MJ (BI U) 9 30 HT/BIU TO AT -GRADE DC6 BLUE SPD (SEE DETAIL RBS LTE ARL AT DC SYS SPD S1 A 1409, 1409 A. 32 (NOTE 4) 1494, OR 1466) 33 PLAN 34 35 36 37 39 40 41 42 43 44 1 TF At ARM RI OCK ASSIGNMFNTS — At LVHITE/BLUE TO 27 ABOVE 4 (NEW DC CONVERTER OR EXISTING DC CONVERTER NOT ALARMED) CONVERTER OC MAJOR (45 & 46) 4 WHT BLU 47 U INS ALL JLMPERS FROM 46-47 ANC 48-494 WMT ORG TO 24-48V CONVERTER DC MINOR (47 & 48) 4 ARG CONVERTER - (SEE DETAIL BLUE TO 28 ABOVC BLL) WHT CRI- 1424A) LTE BREAKER FAIL (49 & 50) a a O GRN FROM DC CONVERTER A DETAIL 108 E a5/1s ,) Fa A,KNWY COK311AK �qx pMAtaGS w ,K : L o./oJ a H+LaKNun a»n1MKaMN M1Armcv w -. x M AT&T MOBILITY BECHTEL COMMUNICATIONS, INC. P385 �� at&t c 87711 1T HAEI KrPw caslXucnoll 55.w VF/ 1 -- coKnwnnR °"A-, w ; - w a 5295 WESTVIEW DRIVE SHEA BLVD/SAGUARO BLVD � •i' _•' 0.1:9 14 tVK_ ^ : LTE ALARM SLOCK ASSIGNMENTS FREDERICK, MD 21703 981U NORTH IECHNOLOGY DRIVE AT&T MOBILITY n1/IA 1A PaH:Kw9I c1w9191Ir.1X4I punAc9 w s PHONE: (301) 228-6000 ® FOUNTAIN HILLS, AZ 85050 20830 N. TA RIM RI VTI. SV ITE 400 D. 'U xc w¢ ALV1ypN5 IW p«(.w oA.+w m PHOENIX, A2 PMUW (460) 414-1629 x,.EC Br, w WAN w w 25736-625 PHNXA(-P38S-1J F 6 5 � 4 3 2 t11 s( WE .u_ I I TO NITENNA FIBER ALARM (+45 DEGREE) ENTRY GABLE FORT 1/2' CCAAML CABLE 'W/ P4�-u cnn- - - - -f 7/16DIN-MAIF CoNw ooRs 0pD �W �_4 AISG ix/Rx ON BOTH ENDS (2 dYP) (IF USEDFCR RET) TOANTENNA (-45 CECREE) PORT GROUND- DC ENTRY RRH BOTTOM VIEW RR -1 TOP VIEW SIZE AND WEIGHT TABLE RRH WIDTH DEPTH HEIGHT W/O CABLE WEIGHT MANAI.FMFNT COVER AID BRACKET RRH 7CO MHA 2X40 (BOW) 12.2" 500° 21' 51 LHS. 2X40 (BOW) 12' 9 25' (w/C SU RSSHILLU) NOTE: DIMENSIONS INCLUCE MOUNTING BRACKET, SOLAR SHIELD AND CONNECTORS. MINIMUM CLEARANCE TABLE CLEARANCES ROH CABINET COMMENTS INOHES FRONT 36' INSTALLATION ACCESS REAR 2° ZERO REAR CLEARANCE IS ALLOWED USING SUPPLIED MOUNTING BRACKETS RlHT 4' AIR. FLOW LEFT 4' AIR FLOW TOP 12' AIR 'LOW BOTTOM 12' CONDUIT RCUTING ALCATEL—LUCENT 9442 REMOTE RADIO HEAD (RR11) REMOTE RADIO HEAD DETAIL /yam 9ECNTEL COMMUNICATIONS, INC. 5245 WEST4IEW DRIVE FREDERICK. MO 2'793 PHQNE: (301) 228-6000 P365 SHEA BLVD/ SAGUARO BLVD 9914 NORTH IECHNOLCGY DRNE FOUNTAIN HILLS, AZ 65050 ALCATEL-LUCENT epua6V o; uanleM V —MIN- 2' 0,0. TO MAX. 6- O.D. PIPE, GALVANIZED (SFF NOTF 2) ISOMETRIC VIEW NOTES: 1. ALCATEL-LUCENT (ALU) VA AT&T SUPPLIES RRH, RRH PGLE-MOUNTNG BRACKET. HA SUBCONTRACTOR SL- SUPPLY POLE/PIPE AND INSTAL: ALL MOUNTING HARDWARE INCLUDING ALU RRH POLE -MOUNTING BRACKET. ALU INSTALLS HRLI AND MARCS CABLE TERM'.NAT6ONS. 2.. ;CR POLE DAMETERS FROM fi TO 15', ALCATEL-LUCENT CAN SUPPLY A PAIR OF PICCO UYISTRUT CHAIINEL PO' -F MOUNTING METAL BANDS WITH BOLTING WELDMENT. OR EQUIVALENT (ITP) ALCATELL-LUCENT 9442 REMOTE RADIO HEAD (RRH) (POLE MOUNT DETAIL Kl0 NITS 09 DETAIL IIG7 NOT USED at&t AT&T MOBILITY' 2nB3n N- TATUM RIM- SNIIF 4Dn PHOENIY AZ B5G50 PHONE: (4 0) 414-1029 6 1 5 1 4 PIPE CAP (TYP) 00 I 7pG I I A- Z RH FRONT 1 FRONT I I FRONT I (12' MIN. . 2' I OR L u LJ w IWO PLAIN CUNCRETC OR SAKRETE PER D C NoIES: I SUBCONTRACTOR SHALL SUPPLY AND INSTALL UNISTRUT(QR EQUIVALENT) MOUNTING CHANIIELS. 2. SUBCONTRACTOR SHALL SUPPLY AND INSTALL ICE BRIDGE POSTS AS REQUIRED. 3- COAX BRIDGE POSTS SHALL BE 3 1/2.0-0. SCIIED, 40 PIPE (ASTM -A36. A53 OR COUNALCNT). 4. SUBCONTRACTOR SHAIL SUPPLY (BUT NOT INSTALI) 3/8'0 UNISTRUT BOLTING HARDWARF AND SPRING NUTS. TYPCAL FOUR PER RRU. SUBCONTRACTOR SHALL BAG THE BOLTING HARDWARE AND HANG FROM INSTALLED UNISTRUT FRAME. 5- SPACING MAY VARY BASED ON SELECTED ECWPMENT. ADJUSTMENTS TO SPACING WILL BE MADE BY RRU INSTALLER. 6 NO PAINTING OF THE PRU ON SOLAR SHIELD IS ALLOWED REMOTE RADIO HEAD (RRH) RACK DETAIL A RRH U14ITS ON H -FRAME 1 w 3 +rtuu.un w +.Nc.K on ae s r T AT&TMOSILITY f5 M£lanaVn' OOM4PY,I[�NA19Ruwv`; W F{ - a �! r4t muAr fpISIRAT£N 0n++.4x w r RRH &OCla DETAILS wn eA6lna LCYwea u. a I rA R cl AL�LSIa45 n low Trp ..s swwW oTsc,Ko er. w;-- w. A, 25736-625 1 PHN%A.Z-P,355-14 F 3 2 22LN L.z Return to Agenda EXHIBIT 2 TO FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NEW CINGULAR WIRELESS PCS, LLC f/k/a/AT&T WIRELESS PCS, LLC. [Performance Bond] See following page. 1957658.4 Return to Agenda PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and a corporation organized and existing under the laws of the State of, with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written First Amendment, as defined above, with the Obligee, dated the day of 20 , for the material, service or construction described as is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the First Amendment during the original term of the First Amendment and any extension of the First Amendment, with or without notice to the Surety, and during the life of any guaranty required under the First Amendment, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the First Amendment that may hereafter be made, notice of which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 1957658.4 20_ Principal Seal It" Surety Agency of Record Seal Return to Agenda A.P.N. 176-09-492B WHEN RECORDED RETURN TO: Richard Q. Nye Richard Q. Nye, Ltd. 9141 E. Hidden Spur Trail, Suite 105 Scottsdale, Arizona 85255 602-424-2691 Space above this line for Recorder's Use Cell Site No.: PHNXAZP365 Cell Site Name: Shea Blvd / Saguaro Blvd (AZ) Fixed Asset Number: 10091121 State: AZ County: Maricopa MEMORANDUM OF FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT This Memorandum of First Amendment to Lease is entered into on this day of , 2013, Town of Fountain Hills, an Arizona municipal corporation (the "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company f/k/a/ AT&T Wireless PCS, LLC, a Delaware limited liability company (the "Tenant"). 1. Landlord and Tenant entered into a certain Option and Lease Agreement on the 21 st day of June, 2002, as amended by that certain First Amendment to Option and Lease Agreement dated , 2013, ("Agreement") for the purpose of installing, operating and maintaining a communications facility and other improvements. 2. Landlord agrees to increase the size of the Premises to accommodate additional cabinets and additional antennas. Landlord leases to Tenant the Premises as more completely described on attached Exhibit I -A. Exhibit l -A hereby replaces Exhibit I to the Agreement. 3. This Memorandum of First Amendment to Option and Lease Agreement is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of First Amendment to Option and Lease Agreement and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. 1957658.5 Return to Agenda IN WITNESS WHEREOF, the parties have executed this Memorandum of First Amendment to Option and Lease Agreement as of the day and year first above written. "LANDLORD" The Town of Fountain Hills, an Arizona municipal corporation By: Name: Its: Date: LANDLORD ACKNOLWEDGEMENT CORPORATE ACKNOWLEDGEMENT STATE OF ) ss: COUNTY OF ) I CERTIFY that on , 2013, [name of representative] personally carne before me and acknowledged under oath that he or she: (a) is the [title] of [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public: My Commission Expires: 1957658.5 Return to Agenda "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: � Name: `77C-- Its: ` _ `( `t\,Q-a—Z4 � Date: ILi 4 fz12-, 2n,-2, TENANT ACKNOWLEDGMENT STATE OF ARIZONA } } ss: COUNTY OF MARICOPA } On the ��d ay of u , 2013, before me personally appeared and acknowledged under oath that he is the _ _ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, e Tenant named in the attached instrument, and as such was authorized to execute this instrument behalf of the Tenant. O���Uit. ti Notary Public: �j My Commission Expires: (`~ f B – is LAUREN RICHARDS i•, Notary Public Arizona Maricopa County My Comm. Expires Jan 1 B, 2015W 1W 1957658.5 Return to Agenda 1*14:11l3019U.1 DESCRIPTION OF PREMISES Page I of 3 to the Memorandum of First Amendment to Option and Lease Agreement dated 2013, by and between the Town of Fountain Hills, an Arizona municipal corporation as Landlord and New Cingular Wireless PCS, LLC, a Delaware limited liability company f/k/a/ AT&T Wireless PCS, LLC, a Delaware limited liability company as Tenant. The Premises are described and/or depicted as follows: LEASE AREA LEGAL DESCRIPTION A PORTION OF THE EAST HALF OF SECTION 27, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN. MARICOPA COUNTY, ARIZONA. DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP AT THE INTERSECTION TECHNOLOGY DRIVE AND A 30.00 FOOT WIDE ALLEY AS SHOWN ON FINAL PLAT 412-1, RECORDED IN BOOK 158 OF MAPS, PAGE 20, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE SOUTH 68 DEGREES 51 MINUTES 19 SECONDS WEST, ALONG THE CENTERLINE OF SAID ALLEY, A DISTANCE OF 82.12 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET: THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26 DEGREES 07 MINUTES 08 SECONDS AND AN ARC LENGTH OF 136.76 FEET TO A POINT: THENCE DEPARTING SAID CENTERLINE. NORTH 04 DEGREES 58 MINUTES 28 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID ALLEY; THENCE NORTH 00 DEGREES 00 MINUTES 24 SECONDS EAST, 12.82 FEET; THENCE NORTH 32 DEGREES 03 MINUTES 10 SECONDS WEST, 8.26 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 27 MINUTES 12 SECONDS WEST, 25.00 FEET: THENCE NORTH 06 DEGREES 32 MINUTES 48 SECONDS EAST, 15.00 FEET; THENCE SOUTH 83 DEGREES 27 MINUTES 12 SECONDS EAST, 14.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A% THENCE CONTINUING SOUTH 83 DEGREES 27 MINUTES 12 SECONDS EAST, 10.10 FEET; THENCE SOUTH 06 DEGREES 32 MINUTES 48 SECONDS WEST, 1.5.00 FEET TO THE POINT OF TERMINATION: AND ALSO, BEGINNING AT SAID POINT'A': THENCE NORTH 03 DEGREES 22 MINUTES 32 SECONDS WEST, 105.74 FEET TO A POINT ON THE SOUTH LINE OF THAT CERTAIN ANTENNA LEASE AREA AS DESCRIBED IN INSTRUMENT NO. 2003-0729814. RECORDS OF MARICOPA COUNTY, ARIZONA: THENCE NORTH 89 DEGREES 59 MINUTES 36 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 5.00 FEET: THENCE NORTH 00 DEGREES 00 MINUTES 24 SECONDS EAST, ALONG THE WEST LINE OF SAID LEASE, A DISTANCE OF 7.75 FEET: 1957658.5 Return to Agenda EXHIBIT 1-A DESCRIPTION OF PREMISES Page 2 of 3 to the Memorandum of First Amendment to Option and Lease Agreement dated 2013, by and between the Town of Fountain Hills, an Arizona municipal corporation as Landlord and New Cingular Wireless PCS, LLC, a Delaware limited liability company f/k/a/ AT&T Wireless PCS, LLC, a Delaware limited liability company as Tenant. The Premises are described and/or depicted as follows: THENCE NORTH 61 DEGREES 34 MINUTES 46 SECONDS WEST, 18.65 FEET TO THE TRUE POINT OF BEGINNING OF AN ANTENNA LEASE: THENCE NORTH 00 DEGREES 00 MINUTES 24 SECONDS EAST, 7.71 FEET: THENCE NORTH 89 DEGREES 59 MINUTES 36 SECONDS WEST. 10.00 FEET: THENCE SOUTH 00 DEGREES 00 MINUTES 24 SECONDS WEST. 10.00 FEET: THENCE SOUTH 89 DEGREES 59 MINUTES 36 SECONDS EAST. 10.00 FEET: THENCE NORTH 00 DEGREES 00 MINUTES 24 SECONDS EAST. 2.29 FEET TO THE TRUE POINT OF BEGINNING., ACCESS AND UTILITY EASEMENT LEGAL DESCRIPTION A 10.00 FOOT WIDE ACCESS AND UTILITY EASEMENT OVER A PORTION OF THE EAST HALF OF SECTION 27. TOWNSHIP 3 NORTH. RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN. MARICOPA COUNTY, ARIZONA. LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A FOUND BRASS CAP AT THE INTERSECTION TECHNOLOGY DRIVE AND A 30.00 FOOT WIDE ALLEY AS SHOWN ON FINAL PLAT 412-1, RECORDED IN BOOK 158 OF MAPS, PAGE 20, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE SOUTH 68 DEGREES 51 MINUTES 19 SECONDS WEST, ALONG THE CENTERLINE OF SAID ALLEY, A DISTANCE OF 82.12 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET: THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26 DEGREES 07 MINUTES 08 SECONDS AND AN ARC LENGTH OF 136.76 FEET TO A POINT; THENCE DEPARTING SAID CENTERLINE. NORTH 04 DEGREES 58 MINUTES 28 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID ALLEY; THENCE NORTH 00 DEGREES 00 MINUTES 24 SECONDS EAST, 12.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 32 DEGREES 03 MINUTES 10 SECONDS WEST, 8.26 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE THE POINT OF TERMINATION; AND ALSO, COMMENCING AT SAID POINT 'A': THENCE NORTH 83 DEGREES 27 MINUTES 12 SECONDS WEST, 25.00 FEET: THENCE NORTH 06 DEGREES 32 MINUTES 48 SECONDS EAST, 15.00 FEET: THENCE SOUTH 83 DEGREES 27 MINUTES 12 SECONDS EAST, 14.90 FEET: THENCE NORTH 03 DEGREES 22 MINUTES 32 SECONDS WEST, 105.74 FEET TO A POINT ON THE SOUTH LINE OF THAT CERTAIN ANTENNA LEASE AREA AS DESCRIBED IN INSTRUMENT NO. 2003-0729814, RECORDS OF MARICOPA COUNTY, ARIZONA: 1957658.5 Return to Agenda EXHIBIT 1-A DESCRIPTION OF PREMISES Page 3of3 to the Memorandum of First Amendment to Option and Lease Agreement dated 2013, by and between the Town of Fountain Hills, an Arizona municipal corporation as Landlord and New Cingular Wireless PCS, LLC, a Delaware limited liability company f/k/a/ AT&T Wireless PCS, LLC, a Delaware limited liability company as Tenant. The Premises are described and/or depicted as follows: THENCE NORTH 89 DEGREES 59 MINUTES 36 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 5.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 24 SECONDS EAST, ALONG THE WEST LINE OF SAID LEASE. A DISTANCE OF 7.75 FEET TO THE POINT OF BEGINNING; THENCE NORTH 61 DEGREES 34 MINUTES 46 SECONDS WEST, 18.65 FEET TO THE POINT OF TERMINATION. 1957658.5 Q 7i�rh$r�� yQo Meeting Date: 6/2012013 Agenda Type: Regular Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Bryan Hughes, Supervisor of Recreation, 480-816-5135, bhughes@fh.az.gov Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert Boe James, representing the Veterans of Foreign Wars Post #7507, for the purpose of a fundraiser in conjunction with the Fourth at the Fountain. The event is scheduled for "Thursday, July 4, 2013, from 4:00-10:00 p.m., at Fountain Park. Applicant: Robert Boe James Applicant Contact Information: (480) 399-9591 Property Location: Fountain Parr, 12925 N. Saguaro Blvd. Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Robert Boe James representing the Veterans of Foreign Wars, Post #7507 for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Application (front page); Staffs Recommendation SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page i of 2 Approved; Lj Ke Buchanan, Town anagm'xer 615/20U Return to Agenda Page 2 of 2 Return to Agenda TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: June 3, 2013 1. Streets Division 2. Fire Department 3. Building Division 4. Community Services 5. Development Services 6. Law Enforcement 7. Licensing FR: Bryan Hughes, Recreation Supervisor RE: Special Event Liquor License Application Attached is a Special Event Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Veterans of Foreign Wars, Post #7507 Applicant: Robert Boe James Date(s) of Event: July 4, 2013 Date Application Received: MaV 32013 Town Council Agenda Date: June 20, 2013 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied Building Safety ,_.- ❑ ❑ Community Services 'k , El Ell Development Services ❑ ❑ Fire Department El El Law Enforcement '/ ❑ ❑ Licensing V, A ❑ ❑ P Street Department %� �; ❑ ❑ JI Attach report for denial or any recommendation requiring stipulations. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTRC turn to Ager 3*7fYPjR9j:0VYCVD N NOTE: THIS DOCUMENT MUS PLEASE ALLOW) IT WILL BE RETURNED. CESSING. "Application must be approved by local government befVN mission to Department of Liquor Licenses and Control. (Section #; 0 1. Name of Organization: v 2. Non-Profit/I.R.S. Tax Exempt Number: S a i Tc, Kb �? as -14S'41 3. The organization is a: (check one box only) Charitable aFraternal (must have regular membership and in existence for over 5 years) Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event? U on-site consumption ❑ off-site consumption (auction) ❑ both �a .aiy l�115 Z- 5. Location of the event: 1 �N�kA�r �a,��r i,'t���r'+ti . �uR pW� w.wta iatr 7ky,f 4 M0.. fcm r- Address of physical location (Not P.O. Box) City County Zip Annlicant must be a member of the qualifvincl organization and authorized by an Officer, Director or Chairperson of n on #1. 6. Applicant: 3cim-tS 3 O L 't _9 a e Last First Middle Date of Birth 7. Applicant's Mailing Address:- A). 54�� '5t l�Y ak�t�i ; 5 ArL �sZ6 Stred city state Zip 8. Phone Numbers: ( 4c) ) 3� r - 9 s 9 / uta 3 FY- 9 -9/ Site OYmer # Applicant's Business # Applicant's home # 9. Date(s) & Hours of Event: (see A.R.S, 4-244(15) and (17) for legal hours of service) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 3,,1.E 4 2 �3 j�,u� s d a y vv �'. N� • l: o C P. M Day 2: Day 3: Day 4: Day 5: Day 6: Day T. Day 8: Day 9: Day 10: September 2011 *Disabled individuals requiring special accommodations, please call (602) 542-9027 Return to Agenda 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES O'NO (attach explanation if yes) 11.. This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? EfYES [] NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENTS LIQUOR SALES. p Name V t�'s Q,ru�S c�C 1—c�✓ei vtriow545 �5—O S 1 Percentage Address Name �\�it-xit�iv, ✓�..�b�Fu�^5. 11L C Percentage Address 13'03` t'-'' Q--k-A' �;v�+� �vr. S�c. Jo+� fov,+��tair 1\1liS Ac L-- 6� (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ©`Fencing 5 # Security personnel p -Barriers 16. Is there an existing liquor license at the location where the special event is being held? []YES Ej'NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? 0 YES ® NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions.. Return to Agenda THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I 1 oto �t- 0 P'' -e S declare that I am an officer/Director/C hairperson appointing the (Print full name) applica, �}ed in Qu , on 6, to a on behalf of the foregoing organization for a Special Event Liquor License. (Signat a (Title/Posltion) (bate)' (Phone g) Camille Gipson a e f �Y1 County of o y' . G` NOTARY PUBLIC - ARIZONA The foregoing instrument was acknowledged before me this MARICOPA COUNTY 15 Q G 5 � 15 My Comammisslon Expires October 13, 2016 rr Day Month Year My Commission expires on: v k� (Date) (Signature of NOTARY P LIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19, 1 �-ak1� v� —\�02 'SOiyv%t S declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. 1 have read t pplication and the contents and all statements are true, correct and complete. State of A '' L ° '^ �- County of � a' 1 c o � c - X ' [ �The foregoing Instrument was acknowledged before me this (Signature) 36�` Gs— Z®J 5 Day Month Year My commission expires on: ._ e•[���a, ....49L ..s Ail'1TA t§V 61 IMI I1•1 You must obtain local government approval. City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. 20, L, LOCAL GOVERNING BODY APPROVAL SECTION (Government Official) on behalf of (City, Town or County) Department Comment Section: (Title) hereby recommend this special event application (Signature of OFFICIAL) FOR DLLC DEPARTMENT USE ONLY (Employee)(Date) (Date) Return to Agenda SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. t F Return to Agenda t / f e R � O M rt Iq "1"ank •. �mis�siah �, �. Mjf S Tabes Sfs pit n fes'!r v� he} J NO y •����� + rr Garb;& four is 81V09 Meeting Date: 6/20/2013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Ken Buchanan, Town Manager, kbuchanan(dJh.az.gov, 480-816-5130 Strategic Values: Economic Vitality Council Goal: EV4 Promote quality businesses REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Arizona Business Advisors, LLC in the amount of $4,500, for the fiscal period July 1, 2013 through June 30, 2014, to operate and manage JumpStartBiz, a business incubator program designed for the development of entrepreneurial businesses in the Town of Fountain Hills. Applicant: Arizona Business Advisors, LLC Applicant Contact Information: Charles W. Thompson, Partner, 480-773-0222, cthompson57@cox.net Property Location: nla Related Ordinance, Policy or Guiding Principle: Strategic Plan 2010, specifically the Strategic Value relating to Economic Vitality and Strategic Direction EV4 to "Promote retention, expansion and relocation of quality businesses." Staff Summary (background): During the FY13-14 budget process, the Town Council approved a professional services contract in the amount of $4,500 for a business incubator program. This is the first amendment to a contract with Arizona Business Advisors, LLC to provide that service. Risk Analysis (options or alternatives with implications): nla Fiscal Impact (initial and ongoing costs; budget status): $4,500 in FY13-14. Budget Reference (page number): 169 Funding Source: DDAD If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve. List Attachment(s): First Amendment to Professional Services Agreement between the Town of Fountain Hills and Arizona Business Advisors, LLC Page 1 of 2 Return to Agenda SUGGESTED MOTION (tor Council use): MOVE TO APPROVE PROFESSIONAL SERVICES AGREEMENT with Arizona Business Advisors, LLC in the amount of $4,500, for the fiscal period July 1, 2013 through June 30, 2014, to operate and manage JumpStartBiz, a business incubator program designed for the development of entrepreneurial businesses in the Town of Fountain Hills. Approved CXx �- [' I Ke chanan, Town Manager Date Page 2 o1'2 Return to Agenda FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ARIZONA BUSINESS ADVISORS, LLC THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is made as of June 20, 2013, between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town") and Arizona Business Advisors, LLC, an Arizona limited liability corporation (the "Consultant"). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement dated August 16, 2012, for the Consultant to provide various support resources, services and networks geared toward the successful development of entrepreneurial businesses (the "Agreement"). B. The Town has determined that it is necessary to extend the Agreement with the Consultant for the Services. C. The Town and the Consultant desire to enter into this First Amendment to amend the Agreement to (i) extend the term of the Agreement, (ii) modify the Scope of Work and (iii) provide for compensation to the Contractor for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree to amend the Agreement as follows: 1. Term of Agreement. The term of the Agreement is hereby extended until June 30, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Scope of Work. The Consultant shall provide the Services as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay Consultant an amount not to exceed $4,500.00 for the Services, at a rate of $375.00 per month. 1965370.1 Return to Agenda 4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 5. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known or unknown relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 6. Conflict of Interest. This First Amendment may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1965370.1 2 06-12-13;22.00 ;Inn -of -Gov, 14808373145 ;5059899149 � 4 ' Return to Agenda "Consultant" ARIZONA BUSINESS ADVISORS, LLC, an Arizona limited liability compan By:'. Name: Title: Ate' / / 4%' X, (ACKNOWLEDGMENT) STATE OF ARIZONA ) )8s. COUNTY OF MARICOPA ) h stru t as a kno�!le ed before me on t' _� / ) L� % __ 2013, y LG' / of ARIZONA I3l1SINESS ADVIS01 S, LLC, an Arizona limited ability company, oo behalf of the linked liabiliiv company ...3Z4 Notary Public in and for the State 10 -Arizona (affix notary seal here) �INN .1111Wf slrp lti ads w3s V151440 tlt3Vacdd 'W M11�Nt�VD 1965370.1 3 Return to Agenda EXHIBIT A TO FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ARIZONA BUSINESS ADVISORS, LLC [Scope of Work] See following page. 1965370.1 4 Return to Agenda Scope of Work The Consultant will operate and manage, JumpStartBiz, LLC, a business incubator program designed for the development of entrepreneurial businesses in the Town of Fountain Hills. The Town Manager, or authorized designee, shall oversee and monitor the Services provided under this Agreement. Administration Consultant will provide rigorous screening of applicants to ensure suitability for the Program, business viability and individual capability. Consultant will require all applicants admitted into the Program (the "Clients") to sign a 12 -month commitment and pay an annual fee of $3,000.00. Consultant will ensure that a Client's participation in the Program is limited to 12 months, unless circumstances necessitate an extension. Any warranted extension must be formally granted by the Consultant. The Consultant shall provide office space and facilities that can accommodate 15 to 20 Clients. Clients shall be provided with monthly hands-on workshops and one-on-one mentoring from experienced business advisors. Consultant shall provide networking and resource provider access to the Clients. Consultant shall staff the Program no less than four days per week from 8:OOa.m. until noon, a total of 16 hours per week. Funding Agreements Consultant shall negotiate and execute the following business funding agreements prior to the Town's disbursement of funds to the Consultant: (i) one private sector business agreement that provides physical space to run and operate the Program for a minimum of 12 months in fiscal year 2013-14; and (ii) a funding agreement with the Fountain Hills Chamber of Commerce at a rate of $375 per month for a minimum of 12 months ($4,500 per year) in fiscal year 2013-14. Goals. Benchmarks and Deliverables Consultant shall maintain the Program as a credible source of support and advice by mentoring at least five Clients, with an emphasis on targeting and mentoring Clients in the following industry segments: (i) professional, scientific and technical services (NAICS 54); (ii) healthcare, medical and bio -medical (NAICS 62); and (iii) finance and insurance (NAICS 52). Consultant will consider all qualified candidates for acceptance into the Program until the Program is full; an emphasis will be given to candidates in the desired industry segments. Once the Program is full, priority for acceptance into the Program shall be given to those candidates in the desired industry segments. Additionally, Consultant shall strive to obtain Clients from within the Town of Fountain Hills and will work exclusively with Clients from Fountain Hills once the program is full. Reporting Consultant shall provide the Town with quarterly reports. Reports shall be submitted by the 100' day of October, January, April and July during fiscal year 2013-14. Quarterly reports shall include both financial and functional information including, but not limited to, progress on performance measures and deliverables. All reports shall be delivered to the Town Manager or authorized designee. Meeting Date: 6120/2013 Agenda Type: Regular Staff Contact Information: Strategic Values: Civic Responsibility Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF a Professional Services Agreement with the Extended Hands Food Banc in the amount of $24,200 for the fiscal period July 1, 2013 through June 30, 2014 to provide food and social service referral for Fountain Hills residents. . Applicant: Extended Hands Food Bank Applicant Contact Information: David Iverson, 4303 E Cactus Rd #240, Phoenix, AZ 85032 Property Location: NIA Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The FY2013-14 budget includes an appropriation for funding for four agencies that have provided services to the Town in the past through a competitive bidding process and contracts that expired June, 2013. The Extended Hands Food Bank contract is for $24,200 and is effective July 1, 2013 through June 30, 2014. The scope of work is below and outlined in the Professional Services Agreement: 1) Requests and food to low income applicants using the State of Arizona guidelines for qualifying 2) Outlet for community service hours for Fountain Hills residents 3) Provide on a quarterly basis a financial report that shows a breakdown of expenditures made with Town funds. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $24,200 Budget Reference (page number): Page 148 Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends funding for the Extended Hands Food Bank in the amount of $24,200 Page 1 of 2 List Attachment(s): Professional Services Agreement Return to Agenda SUGGESTED MOTION (for council use): Move to approve the staff recommendation to fund the Extended Hands Food Bank in the amount of $24,200 Prepared by: NA 6113/2013 Director's Approval: o, Julie letti, Dep ty Town Manager! finance Director 0lt3120 3 ApiLd: 3L, t2o��� Ken Buchanan, Town Manager 6/1312013 Page 2 of 2 Return to Agenda FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EXTENDED HANDS FOOD BANK, INC. THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Fifth Amendment") is made as of June 20, 2013, between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"), and EXTENDED HANDS FOOD BANK, INC., an Arizona corporation (the "Contractor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement dated May 17, 2007 (the "Original Agreement"), as amended by that certain First Amendment dated October 4, 2007 (the "First Amendment"), as amended by that certain Second Amendment, dated June 21, 2010 (the "Second Amendment"), as amended by that certain Third Amendment dated October 6, 2011 (the "Third Amendment") and as amended by that certain Fourth Amendment dated June 21, 2012 (the "Fourth Amendment") for the Contractor to provide certain local food bank services (the "Services"). The Original Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to herein as the "Agreement." B. The Town has determined that it is necessary to extend the Agreement with the Contractor for the Services. C. The Town and the Contractor desire to enter into this Fifth Amendment to (i) extend the term of the Agreement, (ii) modify the Scope of Work, (iii) modify the payment terms and (iv) provide for compensation to the Contractor for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree to amend the Agreement as follows: Term. The term of the Agreement is hereby extended until June 30, 2014. 2. Scope of Work. The Contractor shall provide the Services as set forth in Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Services performed in accordance with the Scope of Work shall not include Services provided at or for the benefit of (i) Warehouse Ministries, Salvation Army, other religious affiliations or purposes or (ii) Jim Bob's Fish Fry Restaurant (the "Prohibited Uses"). 1965257.1 Return to Agenda 3. Compensation. The Town shall pay Contractor an annual aggregate amount not to exceed $24,200.00 for the Services as set forth in the Scope of Work attached hereto as Exhibit A. By entering into the Agreement, Contractor expressly agrees and understands that the compensation shall not be used to fund any portion of the Prohibited Uses. 4. Pam. The Town shall pay the Contractor for the Services on a quarterly basis in conjunction with the submittal by Contractor of quarterly reports, as set forth in the Scope of Work attached hereto as Exhibit A. Quarterly reports shall be due no later than the 10th of the month following the end of each quarter. Quarterly payments of $6,050.00 shall be paid on July 1, 2013, October 1, 2013, January 1, 2014 and April 1, 2014; provided, however, that the Town shall have the right, based upon the information provided in the quarterly reports, to reduce the April 1, 2014 payment as necessary if costs to the Contractor for providing the Services during the term of this Fifth Amendment are estimated to be less than $24,200.00. 5. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 6. Non -Default. By executing this Fifth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Fifth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known or unknown relating to the Agreement and existing on or before the date of this Fifth Amendment are forever waived. 7. Conflict of Interest. This Fifth Amendment may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1965257.1 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1965257.1 3 "Contractor" EXTENDED HANDS FOOD BANK, INC., an Arizona corporation By: 'j- Name: L Name: LJLal� Its: " (ACKNOWLEDGEMENT) STATE OF ARIZONA } ) ss. COUNTY OF MARICOPA ) Return to Agenda This instrument was acknowledged before me on 7:5U n2 I I , 2013, by ly,, N, V`' - I � J-sb--- as of EXTENDED HANDS FOOD BANK, INC., an Arizona corporation, on behalf of the corporation. (affix notary seal here) ,�� ,: Brian J. Horvath Notary Public ,, Maricopa County, Arizona My Comm. Expires 0417-17 1965257.1 4 No ry Publi ' and for t e--STaTe of Arizona EXHIBIT A TO FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EXTENDED HANDS FOOD BANK, INC. [Scope of Work] See following page. 1965257.1 Return to Agenda Return to Agenda TOWN OF FOUNTAIN HILLS FY13-14 CONTRACT SCOPE OF WORK PROGRAM: SOCIAL SERVICE CONTRACTOR: EXTENDED HANDS FOOD BANK PROPOSED FUNDING: $24,200 SCOPE OF WORK: Provide the following for Fountain Hills residents: 1) Requests and food to low income applicants using the State of Arizona guidelines for qualifying 2) Outlet for community service hours for Fountain Hills residents 3) Provide on a quarterly basis a financial report that shows a breakdown of expenditures made with Town funds. Reporting: Provide monthly reports that include the following: 1) Total # of food boxes 2) Total # of food boxes to Fountain Hills families 3) Total # of individuals served broken down by age groups (20-30,30-40,40-50,60+) 4) # of referrals to Fountain Hills residents 5) # of court ordered volunteers broken down by age groups 6) Total hours of volunteer hours monthly broken down by age groups 7) # of volunteers monthly 1965257.1 6 Meeting Date: 6/20/2013 Agenda Type: Regular Staff Contact Information: Strategic Values: Civic Responsibility Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (agenda Language): CONSIDERATION OF a Professional Services Agreement with the Fountain Hills Chamber of Commerce for TOLirism in the amount of $103,000 for the fiscal period July 1, 2013 through June 30, 2014 to promote tourism in Fountain Hills. Applicant: Fountain Hills Chamber of Commerce Applicant Contact Information: Frank Ferrara, P.O. Box 17598 Fountain Hills AZ (480) 837-1654 Property Location: NIA Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The FY2013-14 budget includes an appropriation for funding for four agencies that have provided services to the Town in the past through a competitive bidding process and contracts that expired June, 2013. The Fountain Hills Chamber of Commerce contract is for $103,000 and is funded from the Economic Development Fund; this contract is effective July 1, 2013 through June 30, 2014. The scope of work is below and outlined in the Professional Services Agreement: Targeted digital ad campaigns Data Analysis Implement tracking and reporting mechanisms Enhancement and content management of EFH.org website Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $103,000 Budget Reference (page number): Page 264 Funding Source: Multiple Funds If Multiple Funds utilized, list here: Economic Development Fund Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends funding for the Fountain Hills Chamber of Commerce in the amount of $103,000 List Attachment(s): Professional Services Agreement Page 1 of 2 Return to Agenda SUGGESTED MOTION (for council use): Move to approve the staff recommendation to fund the Fountain Hills Chamber of Commerce in the amount of $103,000 Prepared by: NA 6/13/2013 Director's Approval: Julie etti, Deputy Town Manager/Finance Director 6/13/2013 I ApeBuch d: u Ken anan,own Manager 611 312 0 1 3 Page 2 of 2 Return to Agenda FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS CHAMBER OF COMMERCE THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Fifth Amendment") is made as of June 20, 2012, between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town'), and FOUNTAIN HILLS CHAMBER OF COMMERCE, an Arizona corporation (the "Contractor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement dated September 6, 2007 (the "Original Agreement"), as amended by that certain First Amendment dated October 4, 2007 (the "First Amendment"), as amended by that certain Second Amendment, dated June 21, 2010 (the "Second Amendment"), as amended by that certain Third Amendment, dated November 4, 2011 (the "Third Amendment") and as amended by that certain Fourth Amendment, dated June 21, 2012, for the Contractor to provide tourism promotion services (the "Services"). The Original Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to herein as the "Agreement." B. The Town has determined that it is necessary to extend the Agreement with the Contractor for the Services. C. The Town and the Contractor desire to enter into this Fifth Amendment to (i) extend the term of the Agreement (ii) modify the Scope of Work for the Services (iii) modify the payment terms of the Agreement and (iv) provide for compensation to the Contractor for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree to amend the Agreement as follows: Term. The term of the Agreement is hereby extended until June 30, 2014. 2. Scope of Work. The Contractor shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay Contractor an annual aggregate amount not to exceed $103,000.00 for the Services. WDS1r.1ff Return to Agenda 4. Payments. The Town shall pay the Contractor for the Services on a quarterly basis in conjunction with the submittal by Contractor of quarterly reports, as set forth in the Scope of Work attached hereto as Exhibit A. Quarterly reports shall be due no later than the 10th of the month following the end of each quarter. Quarterly payments of $25,750.00 shall be paid on July 1, 2013, October 1, 2013, January 1, 2014 and after final presentation when all milestones have been met; provided, however, that the Town shall have the right, based upon the information provided in the quarterly reports, to reduce the final payment as necessary if costs to the Contractor for providing the Services during the term of this Fifth Amendment are estimated to be less than $103,000.00. 5. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 6. Non -Default. By executing this Fifth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Fifth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known or unknown relating to the Agreement and existing on or before the date of this Fifth Amendment are forever waived. 7. Conflict of Interest. This Fifth Amendment may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1965361.1 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1965361.1 3 "Contractor" FOUNTAIN HILLS CHAMBER OF COMMERCE, an Arizona corporation -:2� -7 By: Name: Its: (ACKNOWLEDGEMENT) STATE OF ARIZONA } ) ss. COUNTY OF MARICOPA ) Return to Agenda by jThis instrument was acknowledged before me / 2013, % � �}t�.h h�� as e-EC3 of FOUNTAIN HILLS CHAMBER OF COMMERCE, an Arizona corporation, on beha f of the corporation. JAMCE E. BAXTER MY My co Nam �n ' Decen,0er b, 2018 (affix notary seal here) 1965361.1 4 Nota6y Public in and for the State of Arizona EXHIBIT A TO FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS CHAMBER OF COMMERCE [Scope of Work] See following page. 1965361.1 Return to Agenda Return to Agenda SCOPE OF WORK FOUNTAIN HILLS CHAMBER OF COMMERCE, TOURISM BUREAU • Targeted digital ad campaigns — Golfers/Golf Guides — Mountain bikers/Hiking Guides — Hikers and runners/Trail paths — Weekend trippers and families/Activity Guides — Holiday travelers/Holiday Guides — Shoppers/Gift Guides — 60+ demographic/Senior Living Guides • Data Analysis — Analyze existing data — Reorganize data into targeted marketing lists — Develop tactics and systems to add to and build lists — Target marketing activities based on interests and profiles • Implement tracking and reporting mechanisms — Provide detailed reporting of all campaign activities and URLs — Report on all ad campaigns and ROI and traffic generated from ad spending — Implement CRM and marketing system to track visitor activity • Enhancement and content management of EFH.org website — Improve search engine optimization and integration of social media sharing — Blog articles, how to articles, etc. — Drive revenue opportunities through enhancement and addition of local business tools — Addition of content and tools for local businesses to engage and share in marketing opportunities such as contests Payments: Three quarterly payments on July 1, 2013, October 1, 2013, and January 1, 2014, with last quarterly payment after final presentation when all milestones have been met Reporting: Quarterly reports to the Town Council are to be submitted within 15 days after the end of each fiscal quarter. Q that is A ©� Meeting Date: 6/20/2018 Agenda Type: Regular Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mark C. Mayer- MM2yer@fh.az.gov/(480) 816-5190 Council Goal: Strategic Values: Civic Responsibility Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of an AMENDMENT to the prior agreement with the Fountain Hills Community Theater in the amount of $70,240 for the fiscal period July 1, 2013 through June 30, 2014 to provide general theater productions and workshop/camp support for Fountain Hills residents. Applicant: Fountain Hills Community Theater Applicant Contact Information: Val Stasik, P.O. Box 18312 Fountain Hills AZ (480) 837-9661 Property Location: NIA Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The FY2013-14 budget includes an appropriation for funding for four agencies that have provided services to the Town in the past through a competitive bidding process and contracts that expired June, 2013. The Fountain Hills Community Theater contract is for $70,240 with half coming from the General Fund and half coming from the Economic Development Fund; this contract is effective July 1, 2013 through June 30, 2014. The scope of work is below and outlined in the Professional Services Agreement: General Production and Workshop/Camp support The Town name and logo will be prominently displayed and acknowledged on all advertising and promotional material as either a partial or full sponsor of each production. Payment Terms: Funding will be provided in four equal installments — July 1, 2013, October 1, 2013, January 1, 2014, April 1, 2014. Reporting: A report after each production will be provided to the Town that includes number of attendees, per ticket price and number of performances. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $70,240 Budget Reference (page number): Page 213 Funding Source: Multiple Funds If Multiple 'Funds utilized, list here: 50% General Fund and 50%© Economic Development Fund Page 1 of 2 Return to Agenda Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): Amendment to the Professional Services Agreement SUGGESTED MOTION (for Council use): Move to approve funding the Fountain Hills Community Theater in fiscal year 2013-14 in the amount of $70,240 Prepared by: SIA 6/13/2013 Director's Approval: Mark Mayer, Community Services Direc r 671 3 2013 App rovA Ken u hanan, Town Manager -6/1312013 Pace 2 of`2 Return to Agenda FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS COMMUNITY THEATER, INC. THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Fifth Amendment") is made as of June 20, 2013, between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"), and FOUNTAIN HILLS COMMUNITY THEATER, INC., an Arizona corporation (the "Contractor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement dated May 17, 2007 (the "Original Agreement"), as amended by that certain First Amendment dated October 4, 2007 (the "First Amendment"), as amended by that certain Second Amendment, dated June 21, 2010 (the "Second Amendment"), as amended by that certain Third Amendment, dated October 6, 2011 (the "Third Amendment") and as amended by that certain Fourth Amendment, dated June 21, 2012 for the Contractor to provide youth arts services (the "Services"). The Original Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to herein as the "Agreement." B. The Town has determined that it is necessary to extend the Agreement with the Contractor for the Services. C. The Town and the Contractor desire to enter into this Fifth Amendment to (i) extend the term of the Agreement, (ii) modify the Scope of Work of the Agreement, (iii) revise the payment provision and (iv) provide for compensation to the Contractor for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree to amend the Agreement as follows: 1. Term. The term of the Agreement is hereby extended until June 30, 2014. 2. Scope of Work. The Contractor shall provide the Services as set forth in Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay Contractor an annual aggregate amount not to exceed $70,240.00 for the Services as set forth in the Scope of Work attached hereto as Exhibit A. 1965255.1 Return to Agenda 4. Payments. The Town shall pay the Contractor for the Services on a quarterly basis in conjunction with the submittal by Contractor of quarterly reports, as set forth in the Scope of Work attached hereto as Exhibit A. Quarterly reports shall be due no later than the 10th of the month following the end of each quarter. Quarterly payments of $17,560.00 shall be paid on July 1, 2013, October 1, 2013, January 1, 2014 and April 1, 2014; provided, however, that the Town shall have the right, based upon the information provided in the quarterly reports, to reduce the April 1, 2014 payment as necessary if costs to the Contractor for providing the Services during the term of this Fifth Amendment are estimated to be less than $70,240.00. The Town shall pay the Contractor for the Services on a quarterly basis following the submittal of Contractor reports, as set forth in the Scope of Work attached hereto as Exhibit A. Reports shall be due no later than the 10th of the month following the completion of the Services. Quarterly payments shall be paid on July 1, 2013, October 1, 2013, January 1, 2014 and April 1, 2014. 5. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 6. Non -Default. By executing this Fifth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Fifth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known or unknown relating to the Agreement and existing on or before the date of this Fifth Amendment are forever waived. 7. Conflict of Interest. This Fifth Amendment may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES I 1965255.1 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) SIGNATURES CONTINUE ON FOLLOWING PAGE 1965255.1 3 "Contractor" FOUNTAIN HILLS COMMUNITY THEATER, INC., an Arizona corporation By:Vj9 L S i k Name:- Its: (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) Return to Agenda This instrument was acknowledged before me onJfi'j1 /% 12013, byas Z'f.v-t,-4.2 of FOUNTAIN HILLS COMMUNI'T'Y THEATER, INC., an Arizona corporation, on behalf of the corporation. fr C=FICIAL SEAL CATHER4NE E WHYNCT .., rSl:. - yoenn Public- s R2o0G^3 IVatzt I'ulthe � SSnte of Anwonn MAI11CC1'A COUN `. X , r h7y cnmut. r.�pns!s ter. �t.tG •� (affix notary seal here) 1965255.1 4 tary, 11blic in and for the Stat of Arizona EXHIBIT A TO FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS COMMUNITY THEATER, INC. [Scope of Work] See following page. 1965255.1 Return to Agenda Return to Agenda TOWN OF FOUNTAIN HILLS FY13-14 CONTRACT SCOPE OF WORK PROGRAM: YOUTH ARTS CONTRACTOR: FOUNTAIN HILLS COMMUNITY THEATER PROPOSED FUNDING: $70,241 SCOPE OF WORK: General Production and Workshop/Camp support The Town name and logo will be prominently displayed and acknowledged on all advertising and promotional material as either a partial or full sponsor of each production. Payment Terms: Funding will be provided in four equal installments — July 1, 2013, October 1, 2013, January 1, 2014, April 1, 2014. Reporting: A report after each production will be provided to the Town that includes number of attendees, per ticket price and number of performances. 1965255.1 Return to Agenda v�NXINyTOWN OF FOUNTAIN HILLS �° <� TOWN COUNCIL AGENDA ACTION FORM 0 �hat Es Ar'`' Meeting Date: 6120/20/3 Agenda Type: Regular Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mark C. Mayer - mmayer@afh.az.gov - (480) 816-5190 Council Goal: Strategic Values: Education, Learning, and Culture Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of an AMENDMENT to the prior agreement with the Boys & Girls Club of Scottsdale, McKee Branch, in the amount of $64,000, for the fiscal period July 1, 2013 through June 30, 2014, to provide teen activity programs to include academic success, good character and citizenship and healthy lifestyles for Fountain Ilills residents. Applicant: Boys & Girls Club of Greater Scottsdale, Inc. Applicant Contact Information: Property Location: McKee Branch in Fountain Hills Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Town of Fountain Hills has contracted with the Boys & Girls Club of Greater Scottsdale for teen activities at the local McKee Branch for a number of years. The proposed amendment shows a decline in the servies offered to reflect the reduced funding being provided to the group in fiscal 2013-14 of $64,000. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation ($): List Attachments): Fifth Amendment to the Professional Services Agreement SUGGESTED MOTION (for Council use): Motion to APPROVE the Fifth Amendment to the Professional Services Agreement with the Boys & Girls Club of Greater Scottsdale, Inc. for Teen Activities in fiscal year 2013-14 in the amount of $64,000 Page 1 of 2 Prepared by: NA 6 1112013 Director's Approval• Mark Mayer, Community Services Dire or 6/11/2013 Appr ved: Ken Buchanan, Town Manager 6/12/2013 Page 2 of'2 Return to Agenda FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC. THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Fifth Amendment") is made as of June 20, 2013, between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"), and BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC., an Arizona corporation (the "Contractor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement dated May 17, 2007 (the "Original Agreement'), as amended by that certain First Amendment dated October 4, 2007 (the "First Amendment'), as amended by that certain Second Amendment, dated June 21, 2010 (the "Second Amendment'), as amended by that certain Third Amendment dated October 6, 2011 (the "Third Amendment') and as amended by that certain Fourth Amendment dated June 21, 2012 (the "Fourth Amendment') for the Contractor to provide youth services (the "Services"). The Original Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to herein as the "Agreement." B. The Town has determined that it is necessary to extend the Agreement with the Contractor for the Services. C. The Town and the Contractor desire to enter into this Fifth Amendment to (i) extend the term of the Agreement, (ii) modify the Scope of Work of the Agreement, (iii) provide for compensation to the Contractor for the Services and (iv) modify the payment provision. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree to amend the Agreement as follows: Term. The term of the Agreement is hereby extended until June 30, 2014. 2. Scope of Work. The Contractor shall provide the Services as set forth in Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 1965246.1 Return to Agenda 3. Compensation. The Town shall pay Contractor an annual aggregate amount not to exceed $64,000.00 for the Services as set forth in the Scope of Work attached hereto as Exhibit A. 4. Pants. The Town shall pay the Contractor for the Services on a quarterly basis in conjunction with the submittal by Contractor of quarterly reports, as set forth in the Scope of Work attached hereto as Exhibit A. Quarterly reports shall be due no later than the 10th of the month following the end of each quarter. Quarterly payments of $16,000.00 shall be paid on July 1, 2013, October 1, 2013, January 1, 2014 and April 1, 2014; provided, however, that the Town shall have the right, based upon the information provided in the quarterly reports, to reduce the April 1, 2014 payment as necessary if costs to the Contractor for providing the Services during the term of this Fifth Amendment are estimated to be less than $64,000.00. 5. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 6. Non -Default. By executing this Fifth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Fifth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known or unknown relating to the Agreement and existing on or before the date of this Fifth Amendment are forever waived. 7. Conflict of Interest. This Fifth Amendment may be cancelled by the Town pursuant to Attu. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1965246.1 2 Return to Agenda IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on June , 2013, by Kenneth W. Buchanan, Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1965246.1 3 "Contractor" BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC., an Arizona corporation By: Name: --_� Its: d (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) Return to Agenda This inst ment was ackn�o�}'I dyed before me on LkB� �� , 2013, by tYL as�Y i" of (� lit Q.� �O ns of BOYS & GIRLS CLUB OF GREATER SCOTTS ALE, INC., an Arizona corporation, on behalf of the corporation. tary Public in d for the State ofr ona (affix notary seal here) _ wh 1965246.1 4 EXHIBIT A TO FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC. [Scope of Work] See following page. 1965246.1 Return to Agenda Return to Agenda Town of Fountain Hills FY 13-14 Contract Scope of Work Program: Youth/Teen Activities Contractor: Boys & Girls Clubs of Greater Scottsdale, Mary Ellen & Robert McKee Branch Proposed Funding: $64,000 Scope of Work: Academic Success Program: $25,000 Good Character and Citizenship $25,000 Healthy Lifestyles $14,000 Payment Terms: Funding will be provided in four equal installments - July 1, 2013; October 1, 2013; January 1, 2014; and April 1, 2014 Reporting: Monthly reports broken down by each of the three programs that include the following: Program Name Frequency of class sessions Number of participants per program Average age of participants Program Cost Itemized Pre -Post test results Meeting Date: 6/2412013 Return to Agenda TOWN OF FOUNTAIN FILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Ken Buchanan„Town Manager, kbuchanangfh.az.gov, 480-816-5130 Strategic Values: Economic Vitality Council Goal: EV1 Develop economic development plan REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2013-31 accepting SPAC recommendations to Council regarding implementation of the Economic Development Plan approved by Council on March 21, 2013 and incorporating the "Strategically Organized Approach” into the Economic Development Plan accordingly. Applicant: Ken Buchanan Applicant Contact Information: nla Property Location: n/a Related Ordinance, Policy or Guiding Principle: Strategic Plan 2010, specifically Strategic Direction EV1 to develop a comprehensive economic development strategy for the Town's future and work with our partners to forward economic growth and awareness. Staff Summary (background): At their March 21, 2013 meeting, Town Council approved the Economic Development Plan with the request that the Strategic Planning Advisory Commission (SPAC) research and recommend a strategy for its implementation. To initiate this process, SPAC requested economic development expert and Fountain Hills resident, Peggy Fiandaca, AICP, to review potential economic development implementation strategies and trends, and to facilitate a consensus -driven recommendation. Over the course of three meetings in April and May, 2013, SPAC met to review and refine a recommendation for Council's consideration. Initially, Ms. Fiandaca provided an in-depth review of economic development best practices and trends in organizational structures in Arizona and the country. These structures, ranging from loose volunteer -based groups to highly structured non-profit or governmental organizations, provide a range of ways communities can focus economic development efforts and implement various strategies. Ms. Fiandaca noted that while private, non-profit economic development organizations had previously been a popular enterprise, the trend in Arizona has led to formalized economic development efforts being managed within local governments. To evaluate potential implementation strategies, SPAC established seven criteria for developing a successful economic development program: Accountability Economic development expertise Page 1 of 3 • Key stakeholder involvement • Local focus • Public/private partnership • Single point of contact + Sustained funding source Return to Agenda SPAC identified the universe of implementation options to explore for Fountain Hills. Using the defined criteria and weighing the pros/cons of each (of eight) potential organizational options, SPAC has recommended the establishment of an economic development program led by the town manager. Recognizing the current resource limitations of the town, SPAC recommends the development of a Resource Board to assist the town manager regarding the economic development program. The Resource Board will act like a "board of director's", providing guidance on policy -related matters and serving at the direction of the Town Manager. Meeting on a quarterly basis, the Resource Board would consist of a representative from each of the following (16) stakeholder groups: • Banking/financial interests • CenturyLink • Chaparral City Water • Cox Communications • Fort McDowell Yavapai Nation • Fountain Hills Chamber of Commerce • Fountain Hills Sanitary District • Fountain Hills Unified School District • Hospitality interests • Manufacturing interests • Medical/healthcare interests • Real estate interests • Retail interests • Southwest Gas • Salt River Project • Technology interests Additionally, ex -officio members of the Resource Board would include the mayor, Chamber of Commerce president, SPAC chair, and town manager. It is the recommendation of SPAC to direct the Town Manager to move forward with implementing the economic development program by establishing the Resource Board as outlined, with program evaluation occurring annually as part of the budget process. Ultimately, if the economic development program is successful, SPAC recommends working towards the long-term goal of transitioning these efforts to a 501(c)(3) or (6) organization, if private funding materializes. Risk Analysis (options or alternatives with implications): n/a Fiscal Impact (initial and ongoing costs; budget status): n/a Budget Reference (page number): Funding Source: n/a If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve Resolution 2013-31 accepting SPAC recommendations to Council regarding implementation of the Economic Development Plan approved by Council on March 21, 2013 and incorporating the "Strategically Organized Approach" into the Economic Development Plan accordingly. Page 2 of 3 Return to Agenda List Attachments): Fountain Hills Economic Development Plan Implementation Recommendation; Economic Development Matrix; Memorandum from Ken Buchanan dated June 11, 2013; proposed Resolution 2013-31. SUGGESTED MOTION (f01 COuneil L,5(-'): MOVE TO APPROVE Resolution 2013-31 accepting SPAC recommendations to Council regarding implementation of the Economic Development Plan approved by Council on March 21, 2013 and incorporating the "Strategically Organized Approach" into the Economic Development Plan accordingly. Approved: 1<�, C?,. Ken Buchanan, Town Manager 6111/13 Page 3 of 3 FOUNTAIN. ...LS ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION RECOMMENDATION Evaluated five different \ structures used in Arizona (ED Corp., Advisory Council, Commission, Volunteers & Department) / Identified & brainstorms the pros & cons of eight potential organizational options Defined Criteria: \ • Single point of contact • Accountability • Public/private participation • Locally focused • Knowledge/expertise • Sustained funding • Key stakeholder involvement / Long term goal is to transition the effort to a 501(C) 3 or G when local private funding is available Return to Agenda ORGANIZATI9 BEST PRACTICI ARIZONA UNIVERSS Or 1 APLEMk.NTATiON, CIPT10NS E, L0HE0 CRITERIA FOR SUCCESSFUL ECONOMIC DEVELOPMENT 4 Return to Agenda ATRIX__S ECONOMIC DEVELOPMENT MATRIX----- S= Short-term priority M = Mid-term priority - L = Long-term priority Time --- -- — A. BysinelZ Attraction Goal: Attract new business growth to diversify the economy. 1 Develop an inventory of existing offices ace S 2 implement office recruitment strategies M 3 Initiate a higher education feasibility study M 4 Initiate a healthcare and wellness feasibility study M 5 Continue relationships with economic development entities S 6 Identify targeted business owners and communicate M 7 Ildentify opportunities to connect directly with retailers L 8 Provide current data on the economic dynamics S 9 Establish an economic development presence on Town's website S 10 Develop collateral materials and messaging about Fountain Hills S 11 Actively pursue a first class performance venue in Fountain Park L 12 Collaborate with Fort McDowell Yava ai Nation S 13 Promote the Community Center and other local venues S 14 1 Explore feasibility and initiate strategies to expand hospitality facilities L 15 Dev lop multi -day major events while ensuring viability of existing events M 16 jimplement a program to attract more group tours M/L Goal: Retain and expand existing businesses. 1 Identify companies with plans to expand S 2 Identify companies at risk of leaving/downsizing; provide help S 3 Utilize an electronic tool/system secific for business retention M 4 Reg larly interview, evaluate results, and identify policies or incentives S 5 Conduct annual economic summit to understand business needs and changes M r. FntapreneurfaiDevelopment Goal: Establish Fountain Hills as an entrepreneurial center. 1 Promote the Business Incubator program S 2 Annually evaluate the Business Incubator effectiveness S 3 Partner to assist with business start-ups and mentoring M A. Foundational Maintenance Goal: Ensures stems and structures support economic growth. 1 Perform survey of incentive strategies being used in metro area S 2 Compose assistance and incentive proposal for Council's consideration S 3 Communicate the incentives adopted by the Council to targeted businesses M 4 IdentifV and review Town regulations that are onerous for development efforts 5 5 Facilitate regulatory modifications to enhance economic development activities M 6 Adequately fund and maintain capital improvement projects L 7 lCollaboratively pursue funding strategies that meet current and future needs L E. Locafdnnal Catalysts __ _ Goal: Revitalize the economic opportunities of community assets. 1 11clentify and mitigate land use restrictions and zoning within Downtown L Identi and assess vehicular and pedestrian conflicts in Downtown L 3 Evaluate Downtown parkingquantityand qualityL 4 Ensure proper maintenance of Downtownand private infrastructure L S L72 .public Maintain Downtown aesthetics S 6 Encourage infill development and redevelopment within Downtown S Support a diversified retail and restaurant mix in the Downtown Avenue District L 8 Dev lop a pedestrian walkway plan within Downtown S 9 jEstablish a vision for future commercial corridors beyond Downtown L MEMORANDUM DATE: June 11, 2013 Return to Agenda rS fly a r, FROM: Ken Buchanan, Town Manager TO: Mayor & 'Town Council SUBJECT: Economic Development Plan Implementation Recommendations Directive At the March 21, 2013 Town Council meeting, the Town Council approved the Economic Development Plan with the request that the Strategic Planning Advisory Commission (SPAC) research and recommend a strategy for its implementation. To initiate this process, SPAC requested economic development expert and Fountain Hills resident, Peggy Fiandaca, AICP, to review potential economic development implementation strategies and trends, and to facilitate a consensus -driven recommendation. Over the course of three meetings in April and May, 2013, SPAC met to review and refine a recommendation for Council's consideration. Initially, Ms. Fiandaca provided an in-depth review of economic development best practices and trends in organizational structures in Arizona and the country. These structures, ranging from loose volunteer -based groups to highly structured non-profit or governmental organizations, provide a range of ways communities can focus economic development efforts and implement various strategies. Ms. Fiandaca noted that while private, non-profit economic development organizations had previously been a popular enterprise, the trend in Arizona has led to formalized economic development efforts being managed within local governments. To evaluate potential implementation strategies, SPAC established seven criteria for developing a successful economic development program: • Accountability • Economic development expertise • Key stakeholder involvement • Localfocus • Public/private partnership • Single point of contact • Sustained funding source Page 1 cif 3 Return to Agenda SPAC identified the universe of implementation options to explore for Fountain Hills. Using the defined criteria and weighing the pros/cons of each (of eight) potential organizational options, SPAC has recommended the establishment of an economic development program led by the Town Manager. Recognizing the current resource limitations of the town, SPAC recommends the development of a Resource Board to assist the Town Manager regarding the economic development program. The Resource Board will act like a "board of directors," providing guidance on policy -related matters and serving at the direction of the Town Manager. Meeting on a quarterly basis, the Resource Board would consist of a representative from each of the following (16) stakeholder groups: • Banking/financial interests • Centuryl-ink • Chaparral City Water • Cox Communications • Fort McDowell Yavapai Nation • Fountain Hills Chamber of Commerce • Fountain Hills Sanitary District • Fountain Hills Unified School District • Hospitality interests • Manufacturing interests • Medical/healthcare interests • Real estate interests • Retail interests • Southwest Gas • Salt River Project • Technology interests Additionally, ex -officio members of the Resource Board would include the Mayor, Chamber of Commerce President, SPAC Chair, and Town Manager. It is the recommendation of SPAC to direct the Town Manager to move forward with implementing the economic development program by establishing the Resource Board as outlined, with program evaluation occurring annually as part of the budget process. Ultimately, if the economic development program is successful, SPAC recommends working towards the long-term goal of transitioning these efforts to a 501(c) (3) or (6) organization, if private funding materializes. Structurally Organized Approach In order to strategically use budget resources, the Town Manager (or his/her designee) shall establish an Economic Development Resource Board to assist in implementing the economic development program. Serving as a "board of directors" and at the pleasure of the Town Manager (or his/her designee), the Resource Board will: Page 2 of 3 Return to Agenda • Provide broad policy recommendations (essential polices, rules, regulations, and other related matters) regarding the Town of Fountain Hills Economic Development Plan; • Act as the local response team for economic development prospects; and • Monitor, evaluate progress and recommend changes to the Economic Development Plan. Fountain Hills Economic Development Program The following outlines the Town of Fountain Hills Economic Development Program administered by the Town Manager (or his/her designee). Nature of Work • Directs economic development initiatives to achieve the objectives outlined by the Fountain Hills Economic Development Plan and guided by the Economic Development Resource Board • Serves as the key point of contact for the town's economic development activities and as an ombudsman for economic development projects • Monitors, manages, and evaluates economic development projects ensuring consistency with the Economic Development, General, and Strategic plans, as well as conducting cost/benefit analysis • Serves as an advocate for economic development that is aligned with the adopted Economic Development Plan • Communicates regarding the economic development process, its benefits, and current/potential projects • Serves as the liaison with various local, state, and federal agencies and coordinates projects with agencies as deemed necessary and appropriate (e.g. GPEC, Arizona Commerce Authority, Chamber of Commerce) • Provides professional economic development advice to prospects, Resource Board, and Town Council • Assists with negotiation and the management of professional service contracts, property sales and negotiations, and economic development -oriented negotiations • Works with the Resource Board to formulate, evaluate, and implement marketing and business attraction strategies aligned with the Economic Development Plan • Monitors legislation and regulations related to economic development and reports findings to impacted parties (e.g. Resource Board, Town Council) • Maintains strong working relationships with stakeholders and partners Page 3 of 3 Return to Agenda RESOLUTION NO. 2013-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ACCEPTING THE STRATEGIC PLANNING ADVISORY COMMISSION RECOMMENDATIONS REGARDING IMPLEMENTATION OF THE ECONOMIC DEVELOPMENT PLAN. WHEREAS, on March 21, 2013, the Mayor and Town Council (the "Town Council") of the Town of Fountain Hills (the "Town") approved the Economic Development Plan (the "Plan") and instructed the Strategic Planning Advisory Commission ("SPAC") to research and recommend a strategy to implement the Plan; and WHEREAS, upon research and evaluation of potential implementation strategies, SPAC recommended the establishment of an Economic Development Program (the "Program") led by the Town Manager, which Program would be evaluated annually by the Town Council as part of the budget process; and WHEREAS, SPAC recommended the establishment of an Economic Development Resource Board (the "Board") to assist the Town Manager in implementing the Program; and WHEREAS, the Town Council desires to accept the recommendations of SPAC and incorporate the Program and the Board (which incorporation is hereafter referred to as the "Strategically Organized Approach") into the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. The Town Council hereby (i) accepts the recommendations of SPAC and the incorporation of the Strategically Organized Approach into the Plan and (ii) adopts the amended Plan in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Town Manager is hereby authorized and directed to establish the Board and take such steps as are necessary to ensure that the Plan is modified and the Program is carried out according to this Resolution. SECTION 4. 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 Resolution. [SIGNATURES ON FOLLOWING PAGE] 1970275.1 Return to Agenda PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 20, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Kenneth W. Buchanan, Town Manager 1970275.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2013-31 [Amended Economic Development Plan] See following pages. 1970275.1 Return to Agenda Return to Agenda Economic Development Plan Town of Fountain Hills Economic Development Plan Adopted March 2013 Amended June 2013 Return to Agenda Fountain Hills Economic Development Plan Table of Contents Growing Our Economy is Critical.................................................................................................3 StrategicApproach......................................................................................................................5 Our Commitment to Success.......................................................................................................6 Fountain Hills Economic Game Plan............................................................................................7 BusinessAttraction.................................................................................................................9 Goal: Attract new business growth to diversify the Fountain Hills economy ........................9 Business Retention and Expansion........................................................................................10 Goal: Retain and expand existing businesses.....................................................................10 Entrepreneurial Development...............................................................................................11 Goal: Establish Fountain Hills an entrepreneurial center....................................................11 Foundational Maintenance...................................................................................................12 Goal: Ensure that the tools, systems, and structures effectively support economic growth. ..........................................................................................................................................12 LocationalCatalysts...............................................................................................................13 Goal: Revitalize and maximize the economic opportunities of community assets..............13 Strategic Implementation..........................................................................................................15 Performance Metrics................................................................................................................17 Page 2 of 17 Return to Agenda Fountain Hills Economic Development Pian Growing Our Economy is Critical Economic development builds upon local assets to maximize resources in a way that enhances economic opportunities while improving the community's quality of life in a sustainable way. Fountain Hills was originally master -planned by McCullough Properties over 40 years ago to be a diverse community of residential, commercial, and employment that supported a vibrant live, work, and play environment. Since 1989 when the Town incorporated, Fountain Hills has continued to evolve its vision, committed to ensuring a high quality of life for both residents and visitors. Like most communities throughout the U.S., the Great Recession has had an impact on Fountain Hills. However, the downturn has also provided an important opportunity for the community to redirect efforts and identify strategies to position the community for long-term success. The Town of Fountain Hills economic development vision is to be economically sustainable and anchor our vitality in an active vibrant town core that serves the community culturally, socially, and economically. To attain this vision, the following criteria will be used to track economic success: • Multi -generational community that provides opportunities to live, work, learn, and play • Established regional destination • Strong economic identity and business friendly • Economic diversity • Known for its strong vision and sense of place Business growth is critical to creating community wealth and is an important component of any economic development strategy. However, ensuring the right mix of business development is also important to maintaining a vibrant economy in Fountain Hills that can withstand downturns in economic cycles. Attracting and retaining quality, well -paying jobs help to diversify the economic base and fosters a live/work atmosphere. Attracting and developing business activities that create wealth and revenues in Fountain Hills is required to achieve the community's vision of long-term economic sustainability. To achieve community wealth and generate revenues, there are two types of business activities that must be present in the local economy. These are "basic" and "non -basic" activities. Basic economy is defined as an activity that will bring new dollars into the community. Building a basic economy comes in a wide range of activities from tourists staying in town at local hotels to a manufactured product made or processed in Fountain Hills being sold and distributed outside its boundaries. Money coming into the community creates jobs and wealth. Page 3 of 17 Return to Agenda Fountain Hills Economic Development Plan However, a sustainable economy also requires activities that will keep those revenues in the local economy as long as possible. Therefore, it is critical to build a non -basic economy. These are activities that keep Non -basic activities dollars already in the local economy in Fountain Hills. The circulate revenues. longer the dollar stays and circulates in the local economy, the more jobs and businesses it creates. The types of businesses that re -circulate that dollar include service type activities such as grocery stores, dry cleaners, and local retail. A vibrant, sustaining economy will not occur without a healthy blend of both basic and non - basic activities present. Ensuring a diverse mix of both types of businesses also helps to buffer against an economic downturn and fluctuations in business cycles, as well as recession -proof the local economy. This is critical because the Town of Fountain Hills depends on locally - generated sales tax revenues to provide community infrastructure, amenities, and services. Both basic and non -basic activities are critical to the future viability of Fountain Hills. One last important concept to address is leakage. This is defined as dollars leaving the community or residents having or Leakage is when choosing to purchase goods and services outside of the revenues leave Fountain community. Even in the most diversified local or regional Hills. economy some leakage occurs. However, the longer a community can retain those dollars created through local economic activity the more the economy expands. Encouraging local spending generates revenues that can be used to improve streets, expand parks, and meet the public needs of residents. How Your Local Economy Warks Your corrimUnity Research Professor hues Funding, architectto Tuition and l" cawc design new Fees home Basic Activity dollars thr,l we new to the community Company Conrroct tc design , Vehicles newyradvcts and serviced by prom'de ovLovrced i mechanic _'ff'4c QS ,. Pim�ppss R.rch:tect gztscar Non -Basic ce telj 6yA1MtlVlty meat§ram mec4�znic hui:cher dollars that cheii'ate wvithin the community r P.iec�anic �, m. ....E buys out:,de Leakage supplier dollars spent outside - - olyour corn mtinity Pd,,Uhb.r.r,Lj de-bA 1 .e.od Their iColT7rt►Llfllty Ptr . Source: Partners for Strategic P,chon, Inc. Return to Agenda Fountain Hills Economic Development Plan Strategic Approach Building a diversified economy with both basic and non -basic activities requires a comprehensive strategy. Both types of economic strategies require different approaches. The purpose of the Fountain Hills Economic Development Plan is to present the community's approach to achieve long-term economic success. Fountain Hills is not an economic or employment hub. In fact, most employed residents commute out of the community to their employment destination. This reality translates into a daytime population which is significantly less than the night time population. Fountain Hills also experiences a significant shift in population from winter months and summer months. Building a strong local employment base comprised of base sector employers is critical to the development of a well-rounded, sustainable, and vibrant community. Base sector employers provide the expansion and diversification to a community's economic base. The jobs created by base sector employers, especially quality jobs, contribute to local prosperity. A strong employment base supports local businesses and commercial districts. There is a positive correlation between local employment and spending in the local economy by employees. People who work in a community tend to spend a portion of their money purchasing goods and services from local businesses. To illustrate this point, an analysis by the International Council of Shopping Centers shows that office workers patronize local establishments and, not only spend money dining out, they also spend money on convenience goods. The lunch and convenience item spending of these workers can be a substantial part of local retailers' revenue. Additional spending may occur by workers who choose to shop locally, to avoid rush hour traffic, for regularly needed items. A strong employment base increases the daytime population and contributes to the success of local service sector businesses. Many merchants, particularly those engaged in hospitality businesses such as restaurants depend on daytime traffic to make ends meet. The town has experienced reluctance on the part of potential chain restaurants to open in Fountain Hills due to the low daytime population. The attraction of quality base sector employers provides daytime population which increases the likelihood of additional service sector businesses locating in the community. Attraction of base sector businesses enhances the quality of life for citizens in four significant ways: 1. It provides opportunities for citizens to work locally versus commuting outside of the community for employment. 2. It attracts people from outside of the community who spend money locally but don't require town services. 3. It evens out the seasonal fluctuations in the population and spending which lessons the impact and strain on local businesses who struggle during the summer months. Page 5 of 17 Return to Agenda Fountain Hills Economic Development Pian 4. It increases the viability of the Fountain Hills market to attract other desired goods and services. The Fountain Hills market is often perceived as being oversaturated with retail, although the Town lacks empirical evidence that such is the case. A recent trade area analysis commissioned by Town Council indicates that there is an abundance of certain services and retailers and a deficit of other. Compounding this problem, as suggested earlier, is the reality that the inventory of retail space aligns itself with accommodating a population much larger than the summer population of Fountain Hills, or even the winter population for that matter. Tourism and recreation plays a significant role in the Fountain Hills economy. According to a recent study by the national travel research firm Dean Runyan Associates, total visitor spending in the Fountain Hills and Fort McDowell destination area have increased as a result of the opening of two new lodging establishments in 2005 —the Radisson Fort McDowell Resort and the Fountain Hills Holiday Inn. Gaming at Fort McDowell, area golf, and the large number of vacation home rentals attract visitors that tend to stay longer and spend more. The Fountain Hills Fort McDowell destination area consists of the town of Fountain Hills, the Fort McDowell Yavapai Nation, the McDowell Mountain Regional Park and the "The Verdes" communities (Rio Verde, Tonto Verde, and Vista Verde). The overall destination product mix is very strong in offering what traditional travelers to Arizona are seeking: scenic beauty;. outdoor adventure; desert experience; golf, resorts and spas; Native American and Old West culture; performing arts and festivals; and of course, sunshine. In addition, the destination offers unique attractions such as the town's iconic Fountain, an excellent museum of area history, and even a nationally recognized disc golf course. Tourism and recreation brings new money into the community while non -basic activities keep those dollars in Fountain Hills. Another benefit of tourism and recreation is that these activities introduce new visitors to Fountain Hills with the prospect of relocating either their residency or business as a result of their experience. Building on all of Fountain Hills' assets and opportunities is critical to the successful expansion of the local economic base. Our Commitment to Success The Town of Fountain Hills is committed to building a sustainable community and high - performing organization. In 2010, the Town Council approved a community -wide Strategic Plan. The strategic plan is integrated into the daily operations of the Town's organization. All proposals and initiatives are evaluated in relationship to the Strategic Plan. The Strategic Plan Vision for Fountain Hills is to be a distinctive community designed to Strategic Plan Values Civility -� Environmental Stewardship Civic Responsibility Education, Learning & Culture Recreational Opportunities & Amenities Economic Vitality Maintain & Improve Community Infrastructure Public, Safety, Health & Welfare Page 6 of 17 Return to Agenda Fountain Hills Economic Development Plan invigorate the body, mind, and spirit and strive to: • Be stewards of this unique enclave, dedicated to preserving the environment and visual aesthetic and to living in balance with the Sonoran Desert; • Champion the diversity of experiences our residents bring to our community and rely on this depth of experience to innovatively address our challenges; • Be economically sustainable and anchor our vitality in an active vibrant town core that serves us culturally, socially and economically; and • Be civic -minded and friendly, taking responsibility for our Town's success by building partnerships and investing our talent and resources. The 2010 Strategic Plan identified the priority initiative for the Town was to maintain financial stability and local control, and promote economic growth to support the community's needs and promote successful businesses. Economic Vitality was one of the eight values identified in the Strategic Plan along with these eight directives: • EV1- Develop a comprehensive economic development strategy for the Town's future and work with our partners to forward economic growth and awareness. • EV 2 - Develop and maintain a balanced, equitable, sustainable and local financing structure to support the Town's core government services at desired service levels. • EV 3 - Promote a mixed use core where residents can live, work learn and play in an urban village setting as depicted in the Area Specific Plan (Downtown Vision Master Plan). • EV 4 - Promote retention, expansion and relocation of quality businesses. • EV 5 - Promote Fountain Hills as a visitor destination. • EV 6 - Identify a slate of economic development tools and strategies (including tax incentives, fee abatements, etc.) to stimulate economic growth. • EV 7 - Identify areas for redevelopment, revitalization or reuse. • EV 8 - Promote unique and vibrant neighborhood and business districts. Fountain Hills Economic Game Plan Economic development requires a public/private partnership to comprehensively build a strong economic base in Fountain Hills. Everyone has a role to play. The Town, business groups, civic organizations, businesses, and residents all can contribute to ensuring that Fountain Hills' economy grows. Creating more base jobs locally attracts more year-round residents to live, work, and play in the community. These jobs expand the market for local businesses creating revenues that support the community's quality of life. As revenues are generated and the economic base expands, revenues are available for needed basic services such as parks, recreation, and roadway improvements. Our economic development game plan is a multi -tiered approach to building a strong economic base. Page 7 of 17 Return to Agenda Fountain Hills Economic Development Plan Economic Objectives are the broad desired achievement that through the implementation of the Economic Development Plan Fountain Hills will accomplish. The economic objectives are: • Grow Our Economy • Maximize Our Talent • Enhance Our Community Our Focused Approach is how Fountain Hills is going to achieve its economic objectives. All five are important and would be addressed simultaneously. The focused approach is through the following strategic initiatives: • Business Attraction • Business Retention and Expansion • Entrepreneurial Development • Foundational Maintenance • Locational Catalysts Targeted Industry Sectors are the business sectors that offer Fountain Hills the most opportunity and will be pursued through our focused approach. The industry sectors help the community meet the stated economic objectives. • Professional, Technical, and Scientific Services • Healthcare, Medical, Biosciences, and Wellness • Finance and Insurance • Tourism and Recreation • Retail • Education The graphic that follows illustrates the tiered approach to building a strong economic base. Grow Our Economy Rusiness Attraction Rus ers Ret--- & PnExpansion M-mroe Our Talent Entrepreneurial t7evelopmeot Enhance Our Foundational Community Maintenance Locational Catalysts Vibrant ' Su5tainatile Ctnimunity Healthcare, Medical, Welln Finance & Insurance To."'. & Recreaiion Retail Page 8 of 17 Education Return to Agenda Fountain Hills Economic Development Plan Following is a description of the goals and actions that will be taken to achieve the economic objectives. Business Attraction Goal: Attract new business growth to diversify the Fountain Hills economy. FOUNTAIN HILLS POSITION Based on existing community assets and regional opportunities, Fountain Hills will focus business recruitment efforts within the following targeted industry sectors as defined by the North American Industry Classification System (NAICS) of the U.S. Census Bureau: • Professional, Technical, and Scientific Services (NAICS 54) • Healthcare, Medical, Biosciences, and Wellness (NAICS 62) • Finance and Insurance (NAICS 52) • Arts, Entertainment, and Recreation (NAICS 71) These sectors offer higher wage professional positions that match our labor force and build upon existing regional clusters. GAME PLAN 1. Facilitate and/or recruit new base sector employment opportunities. Action Steps: • Develop an inventory of office space and implement office recruitment strategies for advanced business services and healthcare, medical, and bio -medical businesses which can occupy existing space. • Initiate a higher education feasibility study to determine and assess the existing educational resources and provide strategic direction for the attraction of higher education to Fountain Hills. • Initiate a healthcare and wellness feasibility study to assess the current healthcare environment, determine the additional healthcare services needs, and identify potential growth strategies. • Continue to build on relationships with economic development entities, like the Greater Phoenix Economic Council (GPEC) and Arizona Commerce Authority (ACA), to cultivate leads for new businesses that could potentially locate to Fountain Hills. Respond to these leads as appropriate and feasible. 2. Recruit local business owners, who operate their business outside of Fountain Hills, to make their offices in town. Action Step: • Identify targeted business owners and communicate the advantages of relocating businesses to Fountain Hills as a viable business expansion/relocation venue. Page 9 of 17 Return to Agenda Fountain Hills Economic Development Plan 3. Target recruitment efforts on those businesses identified in the retail market analysis. Action Step: • Identify opportunities to connect directly with retailers to discuss Fountain Hills as a location for their retail operation. 4. Develop and execute a communication strategy aimed at the targeted industry sectors. Action Steps: • Provide current data on the economic dynamics of Fountain Hills and the region to prospects and site selectors electronically and through print materials. • Establish a strong economic development presence on the Town's website with content and messaging geared toward targeted business sectors. • Develop collateral materials and messaging about Fountain Hills' position related to the targeted business sectors. 5. Implement a comprehensive tourism and recreation development program. Action Steps: • Actively pursue the Vision Plan's core element of a first class performance venue in Fountain Park as the central attraction component for enhanced downtown vibrancy through non-resident visitation as well as increased resident patronage. • Collaborate with Fort McDowell Yavapai Nation to adequately fund and implement a destination marketing effort focused on niche tourism segments such as golf (Sonoran Desert Golf Trail), weddings, desert /Southwest Experience, Native American Heritage and Old West experience, and arts. • Promote the Community Center and other local venues as viable meeting and event centers. • Explore the feasibility and initiate strategies to expand hospitality facilities in Fountain Hills. • Develop more multi -day major events to Fountain Hills while ensuring long-term viability of existing events. • Implement a program to attract more group tours to Fountain Hills. Business Retention and Expansion Goal: Retain and expand existing businesses. FOUNTAIN HILLS POSITION The bulk of new jobs created in this country are created by existing companies. Therefore, an effective business retention and expansion (BRE) program is an important component of any community business plan. Engaging in ongoing dialogues with existing businesses can inform labor force development programs as well as potential business recruitment targets. The retention of existing business is a key measure of the strength of the local economy and the relative success of the business within the community. With a seasonal population, Fountain Page 10 of 17 Return to Agenda Fountain Hills Economic Development Plan Hills struggles to maintain home-grown restaurants and retail establishments. A formal BRE program in Fountain Hills would help to identify those companies at risk of failing or leaving the community and providing preemptive measures to ensure their success. Adopting traditional goals of a business retention program, Fountain Hills BRE program will address the following': • Identify companies with plans to expand • Identify companies at risk of leaving/downsizing • Identify company and community problems • Provide assistance • Build relationships GAME PLAN 6. Implement a business visitation program for base sector industries, targeting those businesses which align with NAICS 52, 54, 62, and 71. Action Steps: • Utilize an electronic tool/system specific for business retention, like the Synchronist Business Information Systems, for use in the business retention outreach. • Regularly interview, evaluate the results of the interviews, and identify policies or incentives that would be helpful to retaining existing businesses. • Annually conduct an economic summit to understand business needs and changes within the economy. Entrepreneurial Development Goal: Establish Fountain Hills an entrepreneurial center. FOUNTAIN HILLS POSITION Arizona has been ranked very high nationally in entrepreneurial activity and new business starts. According to the Arizona Commerce Authority, the attraction is that Arizona's business and property taxes are low, as well as workers' compensation costs. It is critical for long-term success to ensure that new business start-ups and entrepreneurs have a solid foundation. Some of the basic mistakes that lead to entrepreneurial failure include: Poor business planning Inadequate funding • Choosing the wrong business structure Creating the environment within Fountain Hills that fosters the entrepreneurial spirit and assists new business start-ups is an important component of the economic program. In 2010, the Fountain Hills Business Incubator was established as a public/private partnership to enhance the entrepreneurial success rates. 1 Blaine Canada, Ltd, Synchronist Page 11 of 17 Return to Agenda Fountain Hills Economic Development Plan GAME PLAN 7. Create a support structure and assistance for entrepreneurial growth. Action Steps: • Utilize the Business Incubator to grow new businesses and assist others that may be struggling. • Annually evaluate the Business Incubator effectiveness to ensure it is achieving its mission and providing adequate return on investment. • Partner with existing groups and organizations to assist with business start-ups, mentoring, and other resource identification and deployment. Foundational Maintenance Goal: Ensure that the tools, systems, and structures effectively support economic growth. FOUNTAIN HILLS POSITION Community foundations are those resources such as infrastructure, regulations and policies, education and training, and capital that are the building blocks for a strong economy. Successful community and economic development programs are dependent upon this solid framework for growth and sustainability. GAME PLAN 8. Identify and promote viable incentives for businesses locating to Fountain Hills that relieve fiscal burdens and/or make the businesses more competitive. Action Steps: • Perform a comprehensive survey of incentive tools and strategies currently being successfully employed by communities throughout the metro area. • Compose business assistance and incentive package/proposal for Council's consideration and possible adoption. • Develop and execute a strategy to communicate the availability of incentives as adopted by the Council to targeted businesses. 9. Ensure a business -friendly environment within Fountain Hills. Action Steps: • Identify, inventory, and review Town regulations that are onerous for economic development efforts. • Develop a plan to make regulatory modifications that would facilitate economic development activities that align with creating a more vibrant business environment while not compromising community values. Page 12 of 17 Return to Agenda Fountain Hills Economic Development Plan 10. Maintain Fountain Hills' physical infrastructure to support economic development. Action Step: • Adequately fund and maintain capital improvement projects that maintain the Town's investment and improve the community's quality of life. 11. Ensure Town services meet community needs and achieve a more sustainable revenue balance. Action Step: • Collaboratively pursue funding strategies that meet the current and future needs of the Town of Fountain Hills. Locational Catalysts Goal: Revitalize and maximize the economic opportunities of community assets. FOUNTAIN HILLS POSITION Fountain Hills has tremendous geographic and locational assets that can serve as a catalyst for economic growth. These business development areas include the Civic Center, Avenue of the Fountain Hills, Fountain Park Area, Shea Corridor, and Saguaro Boulevard. Each asset has development that has occurred, is occurring, or is in need of revitalization. Continual evaluation and action planning is needed to ensure that these assets are not under-utilized and are developed in such a way to enhance the long-term sustainability of the community. In 2009, the Town of Fountain Hills adopted the Downtown Area Specific Plan that identified nine districts that offered revitalization and development opportunities. These districts included: • Business District: Center of downtown commerce that promotes entrepreneurship through a variety of commerce related opportunities and business related uses. • The Avenue District: Core of the downtown with a comfortable atmosphere for strolling, sight-seeing and shopping. This district will evolve into a premier shopping destination for residents and a must -visit magnet for visitors. • South End District: Envisioned as a mixed-use downtown residential neighborhood that is complemented with small neighbor -hood -oriented commercial, second story offices, and specialty shops. This district will contain a "village square" that will provide the downtown with a prominent park. • Residential District: Currently developed as condominiums and is a vital component in providing an infusion of people into the downtown area and enhancing the vitality and quality of the downtown experience. • West Side District: A true mixed-use district where residential infill as well as retail, offices, and services will be encouraged. This is also a possible location for a future large entertainment anchor. Page 13 of 17 Return to Agenda Fountain Hills Economic Development Plan • Civic District: Current home of the Town Hall, Community Center, Library, and Museum. This district will be enhanced with future additional artwork and possibly infill development such as a community pool or similar uses that will enhance the quality of life for the town residents and visitors. • Service District: Existing commercial area and the current location of Fountain Hills Plaza (aka Bashas' plaza). Community oriented businesses in this area will be maintained as an important component of the downtown and the community as a whole. • Lakeside District: Provides a dynamic transformation of a portion of the existing Fountain Park. This district will become a unique, amenity -oriented open space environment with a prominent performance venue and the possibility of some specialty retail shops, cafe's, and other appropriately sized businesses. • Park District: The majority of Fountain Park will remain as it is. Potential improvements include more trees, decorative park lighting, seating areas, signage, and park furnishings. The park will remain as a primarily passive recreational area. Each district is intended to have its own unique character and yet each district will also blend harmoniously with the other downtown districts to create the "Downtown Vision." The Downtown Vision gives the Fountain Hills downtown area its unique character and appeal while providing for an invigorated business climate as well as an increased quality of life for the town residents and visitors. Though much emphasis has been placed on the Downtown Specific Plan area, the Shea Boulevard Corridor and Saguaro Boulevard offer economic development opportunities that should not be overlooked. GAME PLAN 12. Develop and prioritize an implementation strategy for the Downtown Specific Plan. Action Steps: • Identify and mitigate land use restrictions and zoning within the Districts which are hampering development as envisioned and identified in the Area Specific Plan. • Identify and assess potential conflicts between vehicular and pedestrian traffic in downtown. • Evaluate parking quantity and quality. • Ensure public and private infrastructure is properly maintained. • Maintain downtown aesthetics. • Encourage infill development, development of large vacant parcels, and redevelopment within the Districts in alignment with the Area Specific Plan. • Support a diversified retail and restaurant mix in the Avenue District between Saguaro Drive and Verde River Drive. • Develop a plan to clearly identify pedestrian walkways and interconnectivity within Districts and between Districts that minimize conflict between pedestrian traffic and vehicular traffic. Page 14 of 17 Return to Agenda Fountain Hills Economic Development Plan 13. Foster the revitalization and enhancement of existing areas. Action Step: • Establish a vision and guidelines for future revitalization and enhancement of commercial corridors such as Shea Boulevard and Saguaro Boulevard as well as existing neighborhoods. Strategic Implementation Economic development in Fountain Hills requires a collaborative effort to ensure success. The Town of Fountain Hills plays a key role along with the business community and residents. The Town works collaboratively with the various stakeholder groups and other agencies in its effort to diversify the local economy. The Economic Development Plan is based on expanding the local economy and improving the standard of living within the Fountain Hills area. Following is a list of success objectives that will assist in implementation. Many of these objectives are similar to The Ahwahnee Principles for Smart Economic Development created by the Center for Livable Communities in Sacramento, California. Coordinated Approach: All entities involved in economic development must work together to achieve mutually agreed-upon goals to ensure a sustainable effort. Community Collaboration: A comprehensive understanding of the town and region and a commitment to collaborating with entities throughout the region (e.g., federal agencies, incorporated communities) are critical. Smart Growth: The regional environment is a tremendous asset that should be protected for community and economic development reasons. The community must take great strides in addressing resource issues, such as water, to ensure long-term sustainability. Long -Term Efforts: Economic development is not a one-shot activity. Success requires long- term investments (e.g., infrastructure and telecommunications) as well as continued focused effort and evaluation. Existing Business Support: The town's focus is on supporting existing enterprises, while looking at diversifying the economic base is important. Existing businesses are Fountain Hills' most valuable assets because they are already contributing to the local economy and quality of life. They are also the best source of business expansion and local job growth. Corporate Responsibility: Fountain Hills encourages enterprises to work as civic partners, contributing to the community, protecting the natural environment, and providing workers with good pay, benefits, and opportunities for upward mobility, within a healthy working environment. Page 15 of 17 Return to Agenda Fountain Hills Economic Development Plan Human Investment: Human resources are so valuable in the Information Age and Fountain Hills will strive to provide life-long skills and learning opportunities by investing in excellent schools, post -secondary institutions, and opportunities for continuous education and training that are available to all. Strategically Organized Approach: In order to strategically use budget resources, the Town Manager (or his/her designee) shall establish an Economic Development Resource Board to assist in implementing the economic development program. Serving as a "board of directors" and at the pleasure of the Town Manager (or his/her designee), the Resource Board will: • Provide broad policy recommendations (essential polices, rules, regulations, and other related matters) regarding the Town of Fountain Hills Economic Development Plan; • Act as the local response team for economic development prospects; and • Monitor, evaluate progress and recommend changes to the Economic Development Plan. The following outlines the Town of Fountain Hills Economic Development Program administered by the Town Manager (or his/her designee). Nature of Work • Directs economic development initiatives to achieve the objectives outlined by the Fountain Hills Economic Development Plan and guided by the Economic Development Resource Board • Serves as the key point of contact for the town's economic development activities and as an ombudsman for economic development projects • Monitors, manages, and evaluates economic development projects ensuring consistency with the Economic Development, General, and Strategic plans, as well as conducting cost/benefit analysis • Serves as an advocate for economic development that is aligned with the adopted Economic Development Plan • Communicates regarding the economic development process, its benefits, and current/potential projects • Serves as the liaison with various local, state, and federal agencies and coordinates projects with agencies as deemed necessary and appropriate (e.g. GPEC, Arizona Commerce Authority, Chamber of Commerce) • Provides professional economic development advice to prospects, Resource Board, and Town Council • Assists with negotiation and the management of professional service contracts, property sales and negotiations, and economic development -oriented negotiations • Works with the Resource Board to formulate, evaluate, and implement marketing and business attraction strategies aligned with the Economic Development Plan Page 16 of 17 Return to Agenda Fountain Hills Economic Development Plan Monitors legislation and regulations related to economic development and reports findings to impacted parties (e.g. Resource Board, Town Council) Maintains strong working relationships with stakeholders and partners Performance Metrics Performance metrics are applied to measure the Plan's activities and its overall performance. As there is always an element of uncertainty about the future, regular review to ensure that a plan is still effective and achieving desired outcomes is critical. Performance metrics should support the intended strategic outcome and typical meet six criteria: time, cost, resources, scope, quality, and actions. Performance metrics will be established with each strategic initiative to provide annual assessment of progress. Page 17 of 17 Meeting Date: 6/20/2013 Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Paul Mood, Dev. Services Director, 480-816-5129 Strategic Values: Maintain/Improve Community Infrastructure Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approval of Invitation For Bids DS2013-129 with J.E. Bowen Construction, LLC in the amount of $1,415,455.03 for the Avenue of the Fountains Median Improvements. Applicant: NA Applicant Contact Information: NA Property Location: Avenue of the Fountains from Saguaro Blvd. to La Montana Dr. Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): On December 20, 2012 Council approved a contract with Landmark Design, LLC for the design of the Median Improvements. Council then approved the median "concept" presented at the January 17, 2013 meeting. The construction documents were completed and the Invitation For Bids (IFB) was posted on the Town's website on April 29, 2013. Advertisements were placed in the Fountain Hills Times and Arizona Business Gazette for two consecutive weeks to meet the Arizona State Statute requirements, A mandatory prospective bidder's conference was held on May 14, 2013. On May 29, 2013 the Town received sealed bids from four contractors. The bids included a "base bid" and bid alternates "A", "B", "C" and "D". It was determined that J.E. Bowen Construction was the lowest responsive and responsible bidder meeting the requirements of the IFB for the base bid and any combination of bid alternates. It is Staffs recommendation that construction include the base bid and alternates "A" (Plaza D fountain), "C" (shade structures) and "D" (lighting) for a total project cost of $1,415,455.03. The bids received for the "base bid" and bid alternates "A", "B", "C" were as follows: $1,415,455.03 J.E. Bowen Construction $1,457,738.06 Shea Connelly Development $1,497,117.38 Low Mountain Construction $1,724,356.55 ELS Construction If Council desires to include alternate "B", brick paver pathway in lieu of a concrete pathway, the total contract price would increase by $22,470.00 for a total project cost of $1,437,925.03. The contractor will have one week from approval of the IFB to provide payment and performance bonds to the Town. Staff anticipates issuing a notice to proceed to the contractor with an effective date of July 1, 2013. The Page 1 of 2 Return to Agenda IFB provides for a 125 day construction schedule which results in a substantial completion __.__ _. _ _____r 4, 2013 and a final completion date of November 4, 2013. Risk Analysis (options or alternatives with implications): Approval of the contract will initiate the construction of the Avenue of the Fountains Median Improvements. If the contract is not approved the construction will not be able to be completed prior to the November 8-10, 2013 Art Fair. Fiscal Impact (initial and ongoing costs; budget status): $1,415,455.03 Budget Reference (page number): 300 & 301 Funding Source: NA If Multiple Funds utilized, list here: Downtown Fund Budgeted; if No, attach Budget Adjustment Form: SVA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of IFB DS2013-129 as presented. List Attachment(s): Contractor Bids, IFB DS2013-129 SUGGESTED MOTION (for council use): MOTION to approve Invitation For Bids DS2013-129 with J.E. Bowen Construction, LLC in the amount of $1,415,455.03 for the Avenue of the Fountains Median Improvements and bid alternates "A", "C" and "D". Prepared by: Director's A ov Paul'Mood, D velopment Tervices Director 6111 Y2013 Approved: J1 Jk ( N1 A lkc Ken uchanan, Town Manager 8111/2011 Page 2 of 2 Return to Agenda J. E. Boren Construction Bid Matrix Base Price Alternate "A' Alternate 'B' Alternate'C' Alternate'D' Total Price Base Bid $ 1,231,955.03 $ 1,231,955.03 Base Bid + Alternate 'A' $ 1,231,955.03 $ (12,500.00) $ 1,219,455.03 Base Bid + Alternate'B' $ 1,231,955.03 $ 22,470.00 $ 1,254,425.03 Base Bid + Alternate 'C' $ 1,231,955.03 $ 84,000.00 $ 1,315,955.03 Base Bid + Alternate 'D' $ 1,231,955.03 $ 112,000.00 $ 1,343,955.03 Base Bid + Alternates 'A' & 'B' $ 1,231,955.03 $ (12,500.00) $ 22,470.00 $ 1,241,925.03 Base Bid + Alternates 'A' & V $ 1,231,955.03 $ (12,500.00) $ 84,000.00 $ 1,303,455.03 Base Bid + Alternates'A' &'D' $ 1,231,955.03 $ (12,500.00) $ 112,000.00 $ 1,331,455.03 Base Bid + Alternates'B' &'C' $ 1,231,955.03 $ 22,470.00 $ 84,000.00 $ 1,338,425.03 Base Bid + Alternates'B' & 'D' $ 1,231,955.03 $ 22,470.00 $ 112,000.00 $ 1,366,425.03 Base Bid + Alternates 'C' &'D' $ 1,231,955.03 $ 84,000.00 $ 112,000.00 $ 1,427,955.03 Base Bid + Alternates 'A' &'B'& 'C' $ 1,231,955.03 $ (12,500.00) $ 22,470.00 $ 84,000.00 $ 1,325,925.03 Base Bid + Alternates 'A' & 'B' & 'D' $ 1,231,955.03 $ (12,500.00) $ 22,470.00 $ 112,000.00 $ 1,353,925.03 Base Bid + Alternates 'A' &'C' & 'D' $ 1,231,955.03 $ (12,500.00) $ 84,000.00 $ 112,000.00 $ 1,415,455.03 Base Bid + Alternates'B' &'C' &'D' $ 1,231,955.03 $ 22,470.00 $ 84,000.00 $ 112,000.00 $ 1,450,425.03 Base Bid + Alternates'A'&'B' &'C' &'D' $ 1,231,955.03 $ (12,500.00) $ 22,470.00 $ 84,000.00 $ 112,000.00 $ 1,437,925.03 Return to Agenda Shea -Connelly Construction Bid Matrix Base Price Alternate "A' Alternate 'B' Alternate'C' Alternate'D' Total Price Base Bid $ 1,316,264.77 $ 1,316,264.77 Base Bid + Alternate 'A' $ 1,316,264.77 $ (42,614.86) $ 1,273,649.91 Base Bid + Alternate 'B' $ 1,316,264.77 $ 11,627.47 $ 1,327,892.24 Base Bid + Alternate 'C' $ 1,316,264.77 $ 64,401.26 $ 1,380,666.03 Base Bid + Alternate'D' $ 1,316,264.77 $ 119,686.89 $ 1,435,951.66 Base Bid + Alternates 'A' & 'B' $ 1,316,264.77 $ (42,614.86) $ 11,627.47 $ 1,285,277.38 Base Bid + Alternates 'A' & V $ 1,316,264.77 $ (42,614.86) $ 64,401.26 $ 1,338,051.17 Base Bid + Alternates 'A' &'D' $ 1,316,264.77 $ (42,614.86) $ 119,686.89 $ 1,393,336,80 Base Bid + Alternates 'B' &'C' $ 1,316,264.77 $ 11,627.47 $ 64,401.26 $ 1,392,293.50 Base Bid + Alternates 'B' &'D' $ 1,316,264.77 $ 11,627.47 $ 119,686.89 $ 1,447,579.13 Base Bid + Alternates 'C' &'D' $ 1,316,264.77 $ 64,401.26 $ 119,686.89 $ 1,500,352.92 Base Bid + Alternates W& 'B' & 'C' $ 1,316,264.77 $ (42,614.86) $ 11,627.47 $ 64,401.26 $ 1,349,678.64 Base Bid + Alternates 'A' &'B' & 'D' $ 1,316,264.77 $ (42,614.86) $ 11,627.47 $ 119,686.89 $ 1,404,964.27 Base Bid + Alternates 'A' &'C'& 'D' $ 1,316,264.77 $ (42,614.86) $ 64,401.26 $ 119,686.89 $ 1,457,738.06 Base Bid + Alternates'B' &'C' &'D' $ 1,316,264.77 $ 11,627.47 $ 64,401.26 $ 119,686.89 $ 1,511,980.39 Base Bid +AlternatesW& V &'C'& V $ 1,316,264.77 $ (42,614.86) $ 11,627.47 $ 64,401.2 $$ 119,686.89 $ 1,469,365.53 Return to Agenda Low Mountain Construction Bid Matrix Base Price Alternate "A' Alternate 'B' Alternate 'C' Alternate'D' Total Price Base Bid $ 1,324,186.47 $ 1,324,186.47 Base Bid + Alternate 'A' $ 1,324,186.47 $ (12,000.00) $ 1,312,186.47 Base Bid + Alternate 'B' $ 1,324,186.47 $ (2,247.00) $ 1,321,939.47 Base Bid + Alternate 'C' $ 1,324,186.47 $ 75,187.68 $ 1,399,374.15 Base Bid + Alternate 'D' $ 1,324,186.47 $ 109,743.23 $ 1,433,929.70 Base Bid + Alternates 'A' &'B' $ 1,324,186.47 $ (12,000.00) $ (2,247.00) $ 1,309,939.47 Base Bid + Alternates 'A' &'C' $ 1,324,186.47 $ (12,000.00) $ 75,187.68 $ 1,387,374.15 Base Bid + Alternates'A' &'D' $ 1,324,186.47 $ (12,000.00) $ 109,743.23 $ 1,421,929.70 Base Bid + Alternates'B' & 'C' $ 1,324,186.47 $ (2,247.00) $ 75,187.68 $ 1,397,127.15 Base Bid + Alternates 'B' &'D' $ 1,324,186.47 $ (2,247.00) $ 109,743.23 $ 1,431,682.70 Base Bid + Alternates 'C' & 'D' $ 1,324,186.47 $ 75,187.68 $ 109,743.23 $ 1,509,117.38 Base Bid + Alternates 'A' &'B' & 'C' $ 1,324,186.47 $ (12,000.00) $ (2,247.00) $ 75,187.68 $ 1,385,127.15 Base Bid +AlternatesW& '13' &'D' $ 1,324,186.47 $ (12,000.00) $ (2,247,00) $ 109,743.23 $ 1,419,682.70 Base Bid + Alternates'A' & 'C' &V $ 1,324,186.47 $ (12,000.00) $ 75,187.68 $ 109,743.23 $ 1,497,117.38 Base Bid + Alternates 'B' & 'C' &'D' $ 1,324,186.47 $ (2,247.00) $ 75,187.68 $ 109,743.23 $ 1,506,870.38 Base Bid + Alternates 'A' & 'B' &'C' & 'D' $ 1,324,186.47 $ (12,000.007)$ (2,247.00)1 $ 75,187.68 1 $ 109,743.23 1 $ 1,494,870.38 Return to Agenda ELS Construction Bid Matrix Base Bid Base Bid + Alternate 'A' Base Bid + Alternate 'B' Base Bid + Alternate 'C' Base Price $ 1,551,369.55 $ 1,551,369.55 $ 1,551,369.55 $ 1,551,369.55 Alternate "A' $ (3.00) Alternate'B' $ (1,123.50) Alternate'C' $ 68,280.00 Alternate'D' $ $ $ $ Total Price 1,551,369.55 1,551,366.55 1,550,246.05 1,619,649.55 Base Bid + Alternate 'D' $ 1,551,369.55 $ 104,710.00 $ 1,656,079.55 Base Bid + Alternates'A' &'B' $ 1,551,369.55 $ (3.00) $ (1,123.50) $ 1,550,246.05 Base Bid + Alternates 'A' &'C' $ 1,551,369.55 $ (3.00) $ 68,280.00 $ 1,619,649.55 Base Bid + Alternates 'A'&'D' $ 1,551,369.55 $ (3.00) $ 104,710.00 $ 1,656,076.55 Base Bid + Alternates 'B' & 'C' $ 1,551,369.55 $ (1,123.50) $ 68,280.00 $ 1,618,526.05 Base Bid + Alternates'B' &'D' $ 1,551,369.55 $ (1,123.50) $ 104,710.00 $ 1,654,956.05 Base Bid +Altemates'C' &'D' $ 1,551,369.55 $ 68,280.00 $ 104,710.00 $ 1,724,359.55 Base Bid + Alternates 'A' & 'B' & 'C' $ 1,551,369.55 $ (3.00) $ (1,123.50) $ 68,280.00 $ 1,618,523.05 Base Bid + Alternates W& 'B' &'D' $ 1,551,369.55 $ (3.00) $ (1,123.50) $ 104,710.00 $ 1,654,953.05 Base Bid + Alternates 'A' & 'C' &V $ 1,551,369.55 $ (3.00) $ 68,280.00 $ 104,710.00 $ 1,724,356.55 Base Bid + Alternates'B' &'C' &'D' $ 1,551,369.55 1 $ (1,123.50) $ 68,280.00 $ 104,710.00 $ 1,723,236.05 Base Bid + Alternates'A' &'B'& 'C' &'D' $ 1,551,369.55 $ (3.00) $ (1,123.50) $ 68,280.00 $ 104,710.00 $ 1,723,233.05 Return to Agenda Aia t AIN,# f •i f TOWN OF FOUNTAIN MILLS "••�" DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: Project Number: Release Date: Advertisement Dates: MANDATORY Prospective Bidder's Conference Bid Deadline: Bid Opening: Town Representative: DS2103-129 E8SO4 April 29, 2013 May 1 & 8, 2013 — Fountain Hills Times May 2 & 9, 2013 — Arizona Business Gazette May 14, 2013 10:00 a.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 May 29, 2013 3:00 p.m. (local time, Phoenix, Arizona) May 29, 2013 3:00 p.m. (local time, Phoenix, Arizona) Paul Mood, Development Services Director PMood@fh.az.gov In accordance with the Town of Fountain Hills Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk's Office at the above -referenced location until the date and time referenced above (the "Bid Deadline"). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline date. Late Bids shall not be considered except as provided in the Town Procurement Code. Bids shall be submitted in a sealed envelope with the Solicitation Number and the Bidder's name and address clearly indicated on the front of the envelope. There is no charge for the Plans and Specifications. Plans and Specifications may be obtained up at the Town of Fountain Hills website: http://www.fh.az.gov/available-bids.aspx * The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 1945539.2 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT OFFER The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids ("IFB"), the Contract formed hereby (as defined below) and any amendments thereto, together with all Exhibits, Specifications, Plans and other documents included as part of this Contract (the "Contract Documents"). Arizona Transaction (Sales) Privilege For Clarification of this Bid contact: Tax License Number: os vG G Yr Federal Employer Identification Name: wa✓- Number: Telephone: y�0 , .3`i 3 - NV3 Dw�.. C��-• 5 �r,�ch�� u-� Facsimile: Email: 1,Rr 3 ' G()X, t t Contractor Name sfo �-v— Authorized Signature for Contractor Address Me• � so✓� dwcr City State Zip Code Printed Name pre 5; j h Title ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date: Contract No. Official File: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: APPROVED AS TO FORM: Bevelyn J. Bender, Town Clerk Andrew J. McGuire, Town Attorney 1945539.2 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: "Bid" or "Offer" means a responsive bid or quotation submitted by a Bidder in response to this IFB. "Bid Deadline" means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. "Bid Opening" means the date and time set forth on the cover of this IFB for opening of sealed Bids. "Bidder" means any person or firm submitting a competitive Bid in response to this IFB. "Confidential Information" means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. "Contract" means, collectively, the (i) Offer/Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor's Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (vii) the Certificate of Completion and (viii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference. "Contractor" means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. "Contract Time" means the time paid during which the Contractor must complete all of the Work related to the Project. "Days" means calendar days unless otherwise specified. "Engineer" means the Town Engineer or authorized designee. "Final Completion" shall be defined as set forth in Section 3.16 and shall occur not later than 30 Days from the date of Substantial Completion unless otherwise designated by the Engineer and subject to modification by changes in the Work as provided in Section 3.14 below. "Invitation for Bids" or "IFB" means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Materials and/or Services in compliance with the Town's Procurement Code. "MAG Specifications" means, collectively, the "Uniform Standard Specifications for Public Works Construction," current edition as of the date of Contract award and the "Uniform Standard Details for Public Works Construction," current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa Association of Governments ("MAG") and any amendments or supplements adopted by the Town. "MAG Supplement" means the most current edition of the Town of Fountain Hills Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction. "Materials" means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of the Work. 1945539.2 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT "Multiple Award" means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. "Price" means the total expenditure for the defined Project, inclusive of all Materials, commodities or Services. "Procurement Administrator" means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. "Procurement Agent" means the Town Manager or authorized designee. "Procurement Code" means the Town of Fountain Hills Procurement Code, as amended from time to time. "Project" means the purpose and Work described as set forth in Section 2. 1, in the "Purpose/Scope of Work" of the IFB. "Punch List" means that list of items provided by Town to Contractor at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by Contractor after Substantial Completion. "Services" means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include "professional and technical services" as defined in the Procurement Code. "Specification" means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. "Subcontractor" means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. "Substantial Completion" shall be defined as set forth in Section 3.15 below and shall occur not later than the date set forth in the Schedule, subject to modification by changes in the Work as provided in Section 3.14 below. "Town" means the Town of Fountain Hills, an Arizona municipal corporation. "Town Representative" means the Town employee who has specifically been designated to act as a contact person to the Town's Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor's performance under the Contract and for providing information regarding details pertaining to the Work. "Vendor" means any funis, entities or individuals desiring to prepare a responsive Bid in response to this IFB. "Work" means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the construction required by this Contract. 1945539.2 2 Return to Age TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT ARTICLE II — BID PROCESS: BID AWARD 2.1 Purpose/Scope of Work. The Work included in this Project consists of The Avenue of the Fountains Median Improvement Project, which generally includes (A) shall include demolition and removal of existing fountains, landscaping irrigation and electrical systems and (B) construction of new landscaping, hardscape, fountains, irrigation and electrical systems as shown on the Plans and Specifications. The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide Materials as more particularly described in the Specifications attached hereto as Exhibit A, and incorporated herein by reference. Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans and/or Construction Drawings. Failure to do so may result in a determination that the Bid is non-responsive. 2.2 Amendment of IFB. Except as set forth in Section 3.56 below, no alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding process for the Project specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as "irregular" or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Work or provide the Materials. obligations. 2. Bidder has a past record of failing to fully perform or fulfill contractual Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications in this IFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder's responsibility to carefully examine each item listed in the Specifications. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2. Price Sheet. Bid Bond. 1945539.2 3 Return to Age TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 4. Licenses; /DBE & MBE Status. 5. References. 6. Federal Requirements, if applicable. 7. Acknowledgment for each Addendum received, if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand -delivered to the Town Clerk's office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. H. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. I. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries• InterRretation of Plans. Specifications and Drawings. A. Inquiries. Any question related to the IFB, including any part of the Plans, Specifications, Scope of Work or other Contract Documents, shall be directed to the Town Representative and Procurement Administrator whose names appear on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder's responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: Town of Fountain Hills website at: htip•//www.fh.az.yov/available-bids.aspx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed 1945539.2 4 Return to Age TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT substitution. No substitute will be considered unless written Substitution/Equal Request in the form attached hereto as Exhibit B, has been received by the Town Representative at least ten days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Specifications for materials, articles, products and equipment include the phrase "or equal, " Bidder may bid upon and use materials, articles, products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials, articles, products and equipment proposed to be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Engineer. No "equal" will be considered unless a written Substitution/Equal Request, in the form attached hereto as Exhibit B, has been received by the Town Representative at least ten days prior to the Bid Deadline. The request shall include the name of the material or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders' Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders' Offers presented for the Work under this Contract. The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. If any error, omission or misstatement is found to occur in the estimated quantities, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders' Conference. A Prospective Bidders' Conference may be held. If scheduled, the date and time of the Prospective Bidders' Conference will be indicated on the cover page of this IFB. The Prospective Bidders' Conference may be designated as mandatory or non -mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders' Conference. Bidders are strongly encouraged to attend those Prospective Bidder's Conferences designated as non -mandatory. The purpose of the Prospective Bidders' Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town's requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders' Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Prices. Work shall be performed at the unit prices as set forth in the Price Sheet attached hereto as Exhibit C and incorporated herein by reference. Bid prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. 2.8 Allowances. Allowances, if any, shall be clearly set forth on the Price Sheet. Allowances shall cover the cost to the Contractor (less any applicable trade discount) of the Materials including equipment 1945539.2 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT required by the Allowance, delivered at the site, and all applicable taxes, overhead, profit handling and other general conditions costs, unless unit rates are available in the Price Sheet. Unit rates from the Price Sheet shall be used to determine the cost of a change to be paid from an Allowance, when applicable. Any remaining Allowance amount shall be returned to the Town at the end of the Project by deductive change order. 2.9 Payment: Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be indicated as a percentage and set forth as a separate item. It shall not be considered a lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the Bid accordingly. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the "Federal Requirements"). It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements. Federal Requirements, if any, shall be attached hereto as Exhibit D. In addition to any applicable Federal Requirements, this procurement is subject to a number of state and Town regulations. In general, where these rules conflict, the more stringent law or rule applies. 2.12 Cost of Bid/Proposal Preparation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town's Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be identified. The Procurement Agent shall review the statement and information and shall determine in writing whether the information shall be withheld. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. If the Procurement Agent determines to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. 2.15 Vendor Licensing and Registration. Prior to the award of the Contract, the successful Bidder shall (A) be licensed with the Arizona Corporation Commission to do business in Arizona and (B) have a completed Request for Vendor Number on file with the Town Financial Services Department. Bidders shall provide license and certification information with the Bid, attached as Exhibit E and incorporated herein by reference. Upon the Town's request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. 2.16 Certification. By submitting a Bid, the Bidder certifies: A. No Collusion. The submission of the Bid did not involve collusion or other anti- competitive practices. 1945539.2 6 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E. No Signature/False Statement. Failure to sign the Bid, or signing it with a false statement, shall void the submitted Bid and any resulting Contract and the Bidder may be debarred from further bidding in the Town. 2.17 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non -revocable bid security payable to the Town in the amount of ten percent (10%) of the total Base Bid Price. This security shall be in the form of a bid bond, certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or ten Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit F, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.18 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder's Offer as part of a Multiple Award. B. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Specifications, (2) Price, including alternates, if any and (3) Bidder qualifications to perform the Work. The Town, in its sole discretion, may choose to award the Contract to the lowest responsible Bidder utilizing any combination of the Base Bid and any or all of Bid Alternates A -D as shown on the Price Sheet. C. Waiver, Rejection. Reissuance. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB. D. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and Specifications contained in this IFB and the Bidder's responsive Bid, unless any of the terms, conditions, or Specifications are modified by a written addendum or Contract amendment. Bids become binding Contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 days after the Bid Opening. 1945539.2 7 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT E. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III — GENERAL TERMS AND CONDITIONS PART A - GENERAL 3.1 Reference Standards. The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG Supplement, each of which is incorporated herein by reference. In the event of a conflict between the MAG Specifications and the MAG Supplement, the MAG Supplement shall prevail. 3.2 Plans and Specifications to Successful Contractor. Intentionally omitted. 3.3 Contract Time. The Contract Time for this Project shall be 125 ays from the Notice to Proceed. All Work on the Project shall be completed on or before the expiration of the Contract Time. 3.4 Pre -Construction Conference. Within 30 days of the issuance of the Notice of Award, the Contractor shall attend a pre -construction conference. The Town will contact the Contractor to schedule a specific date, time and location for the pre -construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre -construction conference. The Contractor will be required to provide the following items at, or prior to, the pre -construction conference, each of which is subject to review and approval by the Engineer: A. Key Personnel, Subcontractors. A list of the names and emergency telephone numbers of all proposed key personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project, in the form attached hereto as Exhibit G and incorporated herein by reference. Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the Town Representative. Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with the consent of the Engineer. Additionally, the Engineer shall have the right to request that the Contractor personnel and Subcontractors be removed from the Project if, in the Engineer's sole discretion, such personnel or Subcontractor(s) are detrimental to the Project delivery process. Upon receipt of such request, the Contractor shall remove such personnel or Subcontractor(s) unless the Contractor can provide the Town with sufficient documentation to prove it is commercially impractical to replace the personnel or Subcontractor(s) with substitute personnel possessing similar qualifications. The Engineer's approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld. B. Progress Schedule. A construction progress schedule showing the estimated time for start and completion of the major items of Work. C. Payment Schedule. A payment schedule showing the estimated dollar volume of Work for each calendar month during the life of the Project. D. Traffic Control. A written proposal outlining the intended plans for traffic control and for maintaining continuous access to residences and businesses along the construction site. E. Site Security. A written proposal outlining the intended plans to secure the Project site for public safety and security. 1945539.2 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT F. Drawings, Materials & Equipment. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the Town for review. 3.5 Notice to Proceed. Within 45 days of the issuance of the Notice of Award the Town may issue a written Notice to Proceed. The Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of Substantial Completion and Final Completion. The time required for the Contractor to obtain permits, licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval of applicable submittals shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. No Work shall be started until after all required permits, licenses, and easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours before the following events: A. Commencement. The start of construction. B. Services Shut Down. Shutdown of water, sewer, drainage, irrigation and/or traffic control facilities, including the anticipated length of time for each shut down. C. Well or Pump Shut Down. Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72 hours of any facility and only one facility may be shutdown at any one time. Shutdowns shall be coordinated with proper utility agency/company. D. Water Lines. All draining and filling of water lines and irrigation laterals and all operations of existing valves or gauges, which shall also be coordinated with the proper utility agency/company. E. Start-up and Testing. Start-up or testing of any water well or booster pump to be connected to any part of the existing water system. This includes operation of existing valves necessary to accommodate the water. 3.6 Laws and Re laguu tions. The Contractor shall keep fully informed of all rules, regulations, ordinances, statutes or laws affecting the Work herein specified, including existing and future (A) Town and County ordinances and regulations, (B) State and Federal laws and (C) Occupational Safety and Health Administration ("OSHA") standards. 3.7 Rights -of -Way. The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-way. The Contractor will be responsible for any required Maricopa County permits or other agency permits. The Town will provide any necessary easements for Work specified under this Contract, and the Contractor shall not enter or occupy with workers, tools, equipment or materials any private ground outside the property of the Town without the written consent of the owner thereof. The Contractor, at its own expense, is responsible for the acquisition of any additional easements or rights-of-way. 3.8 Inspection. Safety and Compliance. Each Contractor must inform itself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor. Contractor affirms that it has inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the Specifications listed on Exhibit A, as the same may be revised by the Town, and is not relying on any opinions or representations of Town. Contractor agrees to perform and complete such Work in strict accordance with the Contract and under the general direction of the Town. Contractor agrees that any exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor is responsible for all safety precautions and programs and shall provide all protection and necessary supervision to implement said precautions and programs. Contractor shall take all reasonable precautions for the safety of and provide reasonable protection to prevent damage, injury or loss to: (A) Town personnel and members of the public, (B) employees or 1945539.2 9 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents. Contractor shall provide all competent supervision necessary to execute all Work and any Work incidental thereto in a thorough, first-class, workmanlike manner. It is Contractor's responsibility that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination System and air pollution standards) and orders of public authorities bearing on performance of the Work. 3.9 Traffic Regulations. All traffic affected by the Work under this Contract shall be regulated in accordance with the then -current version of the City of Phoenix -Traffic Barricade Manual (the "Barricade Manual's which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre -construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the Town will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents. A. Major Streets. The following shall be considered major streets: All major parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the Town. B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor. The Contractor shall place advance warning signs (such as REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all such services and materials shall be considered as included in the other pay items of the Contract. C. Existing Signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Engineer, in writing, at least 48 hours in advance for Town personnel to temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct positions to re -set all traffic and street name signs to permanent locations when notified by the Contractor that the interfering construction is complete. D. Manual Traffic Control. Manual traffic control shall be in conformity with the Barricade Manual, except that the designated liaison officer shall be contacted at the Maricopa County Sheriffs Office, District 7. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor's responsibility to provide trained flagmen to direct traffic safely. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangements must be made with the liaison officer at the Maricopa County Sheriff's Office, District 7. E. Contractor Equipment. The assembly and turnarounds of the Contractor's equipment shall be accomplished using adjacent local streets when possible. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Contractor shall provide a flagman or off-duty, uniformed Sheriff's Deputy to assist with spotting. F. Traffic Alterations. During construction, it may be necessary to alter traffic control. Any such alterations shall be in accordance with the Barricade Manual. No street within the Project area may be closed to through traffic or to local emergency traffic without prior, written approval of the Engineer. Written approval 1945539.2 10 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT may be given if sufficient time exists to allow for notification of the public at least 72 hours in advance of such closing. Partial closure of streets within the Project shall be done in strict conformity with the Barricade Manual and the Engineer's written directions. G. Intersections. Caution should be used when excavating near intersections with traffic signal underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any Work at such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty, uniformed Sheriff's Deputy to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the Engineer's satisfaction. Magnetic detector loops shall, under no circumstances, be spliced. H. Adjacent Property Access. The Contractor shall maintain access to all businesses, schools and residences along the Project alignment at all times in accordance with the MAG Supplement, Section 107.7.1 (Access). I. Covered Crossings. Where crossings of existing pavement occurs, no open trenches shall be permitted overnight, but plating may be permitted if conditions allow, as determined by the Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or the Contractor shall provide a detour. 3.10 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the Work or Services of the Contractor, its officers, employees, agents, or any tier of Subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.11 Insurance. A. General. 1. Insurer Oualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. RF -v. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of 1945539.2 11 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 7. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 8. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 9. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. In the event any insurance policy required by this Contract is written on a "claims made" basis, coverage shall extend for two years past Final Completion and the Town's acceptance of the Contractor's Work or Services and as evidenced by annual certificates of insurance. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: 1945539.2 12 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance with respect to performance of the Contract. C. All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work adjunct or residual to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a 1945539.2 13 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT "claims made" basis, coverage shall extend for three years past completion and acceptance of the Services, and the Contractor shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above. Confidential information such as the policy premium or proprietary information may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. 4. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction over Contractor's employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 5. Builder's Risk Insurance. Unless expressly waived by the Town Manager in a written addendum or amendment to this Contract, the Contractor shall be responsible for purchasing and maintaining insurance to protect the Project from perils of physical loss. The insurance shall provide for the full cost of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds the Town, the Contractor, the Contractor's Subcontractors and sub -subcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from defective design, negligent workmanship or defective material. The Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 3.12 Performance Bond. The Contractor shall be required to furnish non -revocable security binding the Contractor to provide faithful performance of this Contract in the amount of one hundred percent (100%) of the total Contract Price payable to the Town. Performance security shall be in the form of a performance bond, certified check, cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All performance bonds shall be executed in the form attached hereto as Exhibit H, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the performance bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 3.13 Payment Bond. The Contractor shall be required to furnish non -revocable security for the protection of all persons supplying labor and material to the Contractor or any Subcontractor for the performance of any Work related to this Contract. Payment security shall be in the amount of one hundred percent (100%) of the total Contract Price and be payable to the Town. Payment security shall be in the form of a payment bond, certified check, cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit I, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the payment bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 1945539.2 14 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 3.14 Changes in the Work. The Town may, without invalidating this Contract, order changes in the Work consisting of additions, deletions or other revisions to the Contract and the Contract Price and the Contract Time shall be adjusted as provided below. The Contract Price and/or the Contract Time may only be changed by the Town's written approval authorizing said change, and said changes shall be performed under the applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the Work as follows: A. Additions. When the Town increases the scope of the Work, Contractor will perform the increased work pursuant to Contractor's unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor's quantity of the Work, the Town shall be allowed a decrease in the Contract Price amounting to the quantity of the deleted Work multiplied by the Contractor's unit prices. C. Estimatinu. Whenever the Town is considering a change to the Work, Contractor shall promptly, and in any event within five business days, estimate the price of the contemplated additional or deleted Work in good faith and as accurately as is then -feasible. The estimate shall show quantities of labor, material and equipment and shall be pursuant to the rates set forth in the Contractor's Bid. 3.15 Substantial Completion. When the Contractor considers that the Work is Substantially Complete, the Engineer shall prepare and submit to the Contractor a comprehensive list of Punch List items, which the Contractor may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch List items. Failure to include an item on the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Town shall determine when the Project and the Contractor's Work is substantially complete. "Substantial Completion" means construction has been completed in accordance with the Contract Documents to the extent that the Town can use or occupy the entire Project, or the designated portion of the Project, for the use intended without any outstanding, concurrent construction at the site, except as may be required to complete or correct Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended use. The date of Substantial Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Town and establish the time for completion and correction of all Punch List items. If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article III, Part B below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. 3.16 Final Completion. The Town shall determine when the Project and the Contractor's Work is finally completed. "Final Completion" means completion of the Project by the Contractor in accordance with the Contract Documents, certified to the Town by the Contractor. Final Completion shall be achieved only upon the Town's written acceptance of (A) the construction, (B) all testing, (C) demonstration by Contractor that the Work functions as required by the Contract Documents and meets all Contract requirements, (D) resolution of all outstanding system deficiencies and Punch List items, if any, (E) delivery of all as -built documentation, drawings, completed record documents (with revisions made after Substantial Completion), annotated submittals and design document deliverables, (F) submittal, acceptance, and delivery of the one hundred percent (100%) complete O&M manuals, (G) delivery of warranties, inspection certificates, bonds and all other required documents, (H) all pre- requisites for final payment and (I) submittal of Contractor's request for final payment and acceptance enclosing all required documentation. Upon Final Completion the Engineer shall issue a Certificate of Final Completion to the Contractor on behalf of the Town. Following receipt of payment from the Town, the Contractor shall make all payments due to the Subcontractors. 1945539.2 15 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 3.17 Payments to Contractor. Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in the price bid for the items shown in the Bid. Only those items listed in the Bid are pay items. Payment shall be conditioned upon Contractor's compliance with the payment terms and conditions set forth below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer's estimate of the quantities of the Materials deemed necessary to perform the Work and (B) the amount of any payment to be made pursuant to this Contract shall be determined by the field -measured quantities of Materials actually installed by Contractor. Material or equipment delivered to the Project by or on behalf of Contractor shall not constitute material or equipment furnished in the performance of the Work until same has been incorporated into the improvements constituting the Project. Payment shall not constitute acceptance by the Town or evidence thereof of any Work performed. A. Progress Payments. 1. On or before the 15th day of each month after construction has commenced, the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month, including the cost of material stored on the site or at other locations approved by the Town. The application shall be deemed approved and certified for payment seven days after it is submitted unless before that time the Town prepares and issues a specific written finding setting forth those items in detail that are not approved for payment under the Contract. Prior to submission of the next application for payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. 2. Within 14 days after approval of each monthly application for payment, the Town shall pay directly to the Contractor the appropriate amount for which application for payment is made, less amounts (a) previously paid by the Town, (b) sufficient to pay expenses the Town reasonably expects to incur in correcting deficiencies which are set forth in writing and provided to the Contractor and (c) any retainage as set forth in subsection 3.17(B) below. 3. The Town's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract. 4. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid balance of the cost of the Work, less a sum equal to the Contractor's estimated cost of completing any unfinished items as agreed to between the Town and the Contractor as to extent and time for Final Completion. The Town thereafter shall pay the Contractor monthly the amount retained for unfinished items as each item is completed. B. Retainage. With respect to the Work, the Town shall retain ten percent (10%) of the amount of each estimate until Final Completion and acceptance of all Material, equipment and Work covered by this Contract. 1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall be deposited in an escrow account by the Town. The Town shall be listed as payee or multiple payees with Contractor on all such securities. 2. When the Work is fifty percent (50%) completed, one-half of the amount retained including any securities substituted pursuant to subsection 3.17 (B)(1) shall be paid to the Contractor upon the Contractor's request, provided the Contractor is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After the construction Work is fifty percent (50%) completed, no more than five percent (5%) of the amount of any subsequent progress payments made under this Contract may be retained, provided the Contractor is making satisfactory progress on the Project. If, at any time, the Town determines satisfactory progress is not being made, ten 1945539.2 16 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT percent (10%) retention shall be reinstated for all progress payments made under this Contract after the determination. C. Payment for On-site and Off-site Stored Materials. Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town, Contractor may advance order the bulk delivery of Materials to be incorporated into the Work over the course of this Contract. Upon delivery and receipt of supplier invoice, the Town shall pay for the bulk delivery, either directly to the Contractor or to the vendor or by joint check to Contractor and vendor, and shall receive a full release for the amount paid from vendor and Contractor. Contractor agrees to assume full responsibility for the safekeeping of all such Materials and shall guarantee to the Town that such Materials shall remain safe from theft or damage from any and all causes (unless caused by the sole negligence of the Town). Contractor shall immediately replace, repair or restore said Materials to their original condition so as to not cause any delay in the Work, and Contractor shall indemnify and hold harmless the Town for, from and against any and all loss, cost, liability or expense resulting from any loss or damage to any of the Materials described herein from any cause unless due to the Town's sole negligence. Should the Town have reason to believe Contractor is not properly safeguarding any of the Materials, the Town shall have the right, but not the affirmative duty, to immediately take such steps as it deems necessary to do so, including removing Contractor from the job, replacing any Materials or expending any sums to properly carry out Contractor's responsibility hereunder, and any amounts so expended shall be billed back to Contractor or deducted from any sums then or thereafter due to Contractor. Contractor shall fully insure all Materials stored on site as required by the Town, and if such insurance is not obtained due to a lack of insurable interest, the Town shall have the right to obtain such insurance and charge the amount thereof back to Contractor or deduct said amount from any funds then or thereafter due to Contractor. D. Title to Construction Work. The Contractor warrants that title to all Work covered by an application for payment shall pass to the Town no later than the time of payment. The Contractor further warrants that upon submittal of an application for payment, all Work for which applications for payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, Materials and equipment relating to the Work. E. Final Payment. 1. Final payment, consisting of the unpaid balance of the cost of the Work shall be due and payable at Final Completion and acceptance by the Town. Before issuance of final payment, the Town may request satisfactory evidence that all payrolls, Materials bills and other indebtedness connected with the Work have been paid or otherwise satisfied. 2. Simultaneously with Contractor's request for final payment, Contractor shall submit the following items to the Town Representative: a. Red -line construction record drawings. b. Warranties. C. Two sets of documentation completely covering the operation and maintenance of the mechanical and electrical installation and all other equipment. The documentation shall include charts, diagrams, performance curves, catalog information, lubrication manuals, and details pertaining to the functioning of various items of equipment. The documentation shall be divided logically into "systems" on the basis of operation, without 1945539.2 17 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT respect to trades, subcontractors or arbitrary specifications sections. The relationship of the "systems" shall be clearly and concisely detailed. d. Affidavit Regarding Settlement of Claims. e. Other items reasonably required by the Town Representative. 3. In making final payment the Town waives all claims except for: a. Outstanding liens. b. Improper workmanship or defective Materials. C. Work not in conformance with this Contract or Work not completed. d. Terms of any special warranties required by this Contract. e. Delivery to Town of all warranties, operation and maintenance manuals, "AS -BUILT" record drawings and other documents as required by this Contract. Right to audit Contractor records for a period of three years. g. Claims previously made in writing and which remain unsettled. 4. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor, except those previously made in writing and identified as unsettled at the time of final payment. F. Warran1y. Contractor or its assignee shall give to the Town a one-year warranty against deficiencies in material and workmanship for all Work on the Project or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Work as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer. Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds for the Town to require (1) an extension of the warranty for an additional one-year period and (2) the proper repair of or the removal and reinstallation of, that portion of the Work that is subject to such continuing deficiencies. Regardless of whether the applicable warranty period has expired, the Contractor agrees to repair any damage to the Work caused by Contractor's construction activities on the Property. Nothing contained herein shall prevent the Town or Contractor from seeking recourse against any other third party for damage to the Work caused by such third party. 3.18 Offset. A. Offset for Damnges. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 1945539.2 18 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT PART B - PERFORMANCE OF THE WORK 3.19 Project Videotape. The Contractor shall produce and provide a project videotape to the Engineer as required by MAG Supplement Section 105.5.3. All costs associated with the Project videotape produced in accordance with this Section shall be deemed incidental. 3.20 Soil and Subsurface Conditions. In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans, Special Provisions and Site Work), the Contractor shall make its own determinations as to the soil and subsurface conditions, including rock, caliche and ground water and shall complete the Work in whatever material and under whatever conditions may be encountered or created, without extra cost to the Town pursuant to the provisions of the MAG Supplement Section 102.4.1. 3.21 Work Scheduling. Time is of the essence for this Contract. Contractor shall provide the Engineer with any requested scheduling information and a proposed schedule for performance of the Work within the Contract Time in a form acceptable to the Engineer and approved by the Engineer, in his sole and absolute discretion, providing for commencement and completion of the Work (the "Schedule"). The Schedule shall include the date for Substantial Completion of the Work. The Engineer may revise the Schedule during the course of the Work. Contractor, to induce the Town to enter into this Contract, has and does hereby agree to fully perform and complete the Work for the Contract Price within the Schedule. 3.22 Contractor's Representative. The Contractor or his authorized representative shall be present at the Work site at all times during working hours. Instructions and information provided by the Engineer to the Contractor's representative shall be considered as having been given to the Contractor, per MAG Supplement Section 105.5.2. 3.23 Prosecution of the Work. The Contractor shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the delay is an Inexcusable Delay, as defined below, the Contractor shall prepare a recovery schedule for the Engineer's review and approval, showing how the Contractor will compensate for the delays and achieve Substantial Completion by the date(s) shown on the Schedule. If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the Engineer may order the Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion date(s) set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below, the Engineer shall either (A) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the contract sum on account of such delay or (B) request that the Contractor prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial Completion by the applicable date shown on the Schedule, and equitably adjust the Contract Price in accordance with the provisions of this Contract on account of any extraordinary activities required of the Contractor on account of such recovery schedule. 3.24 Extensions of Time. A. Allowable Extensions. An extension in the scheduled date of Substantial Completion will only be granted in the event of Excusable Delays affecting the Schedule for the Work. The Contractor shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle labor, equipment inefficiency and lost productivity of the performance of the Work. The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs. Such adjustment to the Price and Substantial Completion date shall be issued in a Change Order or Contract amendment, as applicable. B. Excusable Delay. To the extent any of the following events results in an actual delay in the Work, such shall constitute an "Excusable Delay" (to the extent not set forth below, a delay will be considered an "Inexcusable Delay"): Delays resulting from Force Majeure. 1945539.2 19 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 2. Differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and unusual soil conditions (including rock or other geological conditions), underground foundations, abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Contract. 5. Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions that make it unreasonable to perform the Work in accordance with the Schedule; provided, however, that Contractor's Schedule shall be deemed to include five (5) scheduled working days for weather delays, regardless of whether such weather delays are specifically set forth in the Schedule. C. Required Notice. In order to obtain an extension of time due to an Excusable Delay, the Contractor shall comply with the following requirements. The Contractor shall notify the Engineer in writing of the Excusable Delay as soon as practicable, but in no event more than seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days the Contractor expects to be delayed. After the cessation of the Excusable Delay, the Contractor shall notify the Engineer of the number of Days the Contractor believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by the Town, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection. D. Determination. Within ten days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then -current status of Excusable Delays and Inexcusable Delays, the Engineer will provide the Contractor with written notice of Engineer's determination of the respective number of Days of Excusable Delay and/or Inexcusable Delay. The Engineer's determination may be issued at such time as the Engineer deems reasonable, but not later than ten Days after receipt by the Engineer of the Contractor's written request for such determination. The Contractor shall not, however, deem an issuance by the Engineer of such a determination to be a concurrence of the matters set forth in the Contractor's request. The Contractor may invoke the dispute resolution procedures set forth in Part D below with respect to such determination. E. Concurrent Delay. To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 3.25 Liquidated Damages. It is expressly understood that should Contractor fail to complete the Work covered hereby within the Contract Time, the Contractor agrees to pay and shall pay to the Town upon request therefore for each calendar day of delay beyond the original or revised scheduled time of completion of Contractor's Work as liquidated damages, and not as a penalty, in the amount per day as set forth in MAG Specifications for each calendar day of delay. 1945539.2 20 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT A. Prior to Termination. If the Contract is not terminated, the Contractor shall continue performance and be liable to the Town for the liquidated damages until the Work is complete. B. After Termination. In the event the Town exercises its right of termination, the Contractor shall be liable to the Town for any excess costs and, in addition, for liquidated damages until such time as the Town may reasonably obtain delivery or performance of similar Services. 3.26 Suspension by the Town for Convenience. A. Town Determination. The Town may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Town may determine to be appropriate for its convenience. B. Contract Adjustments. Adjustments caused by suspension, delay or interruption shall be made for increases in the applicable contract sum and/or the date(s) of Substantial Completion. No adjustment shall be made if the Contractor is or otherwise would have been responsible for the suspension, delay or interruption of the Work, or if another provision of this Contract is applied to render an equitable adjustment. 3.27 Termination by the Town for Convenience. The Town may, upon 30 days' written notice to the Contractor, terminate this Contract, in whole or in part, for the convenience of the Town without prejudice to any right or remedy otherwise available to the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all Services affected unless such notice directs otherwise. In the event of a termination for convenience of the Town, the Contractor's sole and exclusive right and remedy shall be payment for all Work performed through the date of termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed Services or consideration for the Town's termination by convenience. 3.28 Termination by the Town for Cause. A. Default: Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or proper Materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violation continues without cure for 15 days after the Contractor receives written notice of such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town, terminate this Contract. B. Substitute Performance. Upon termination of this Contract by the Town, the Town shall be entitled to furnish or have furnished the Services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completion of the Work, and the total compensation to the Contractor under this Contract shall be the amount that is equitable under the circumstances. If the Town and the Contractor are unable to agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly. The Contractor may dispute the Town's assessment of the termination amount pursuant to the dispute resolution process set forth in in Part D of this Contract. C. Contractor Insolvency. Upon the appointment of a receiver for the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Contract, without prejudice to any right or remedy otherwise available to the Town, upon giving three business days' written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Contract by giving three business days' written notice to the Contractor unless the Contractor or the trustee completes all of the following: Promptly cures all breaches within such three-day period. 1945539.2 21 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 2. Provides adequate assurances of future performance. Compensates the Town for actual pecuniary loss resulting from such breaches. 4. Assumes the obligations of the Contractor within the established time limits. 3.29 Contract Subject to Appropriation. This Contract is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Contract for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Contract and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Contract and the Town shall keep the Contractor fully informed as to the availability of funds for the Contract. The obligation of the Town to make any payment pursuant to this Contract is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Contract during any immediately succeeding fiscal year, this Contract shall terminate at the end of then -current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Contract. 3.30 Additional Materials and/or Overtime. Contractor expressly agrees that if overtime or additional workers or materials are necessary to meet the Schedule, that such overtime will be performed or additional workers or materials will be procured by the Contractor, and the additional expense thereof shall be borne by Contractor unless the delay requiring overtime shall have been occasioned directly by the Town, in which event Contractor shall be entitled to compensation for such overtime Work. 3.31 No Damage for Delay by the Town. Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives and releases the Town from any liability for damages or expenses that may be caused to or sustained by Contractor by reason of such changes or by reason of delays in the Work, whether caused in whole or in part by conduct on the part of the Town, including without limitation, any breach of this Contract or delays by other contractors or Subcontractors. Contractor's exclusive remedy in event of delay by the Town shall be an extension of time hereunder to complete the Work. 3.32 Risk of Loss. Contractor shall assume the risk of loss occasioned by fire, theft or other damage to Materials, machinery, apparatus, tools and equipment relating to the Work prior to actual installation in final place on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, machinery, apparatus, tools, equipment and property of the Town and other contractors resulting from the acts or omissions of its Subcontractors, employees, agents, representatives Subcontractors, and for payment of the full costs of repair or replacement of any said damage. 3.33 Protection of Finished or Partially Finished Work. The Contractor shall properly guard and protect all finished or partially finished Work and shall be responsible for the same until the entire Contract is completed and accepted by the Engineer. The Contractor shall turn over the entire Work in full accordance with this Contract before final settlement shall be made. 3.34 Character and Status of Workers. Only skilled foremen and workers shall be employed on portions of the Work requiring special qualifications. When required by the Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. The Contractor shall indemnify and hold harmless the Town from and against damages or claims for compensation that may occur in the enforcement of this Section. The Contractor shall be responsible for ensuring the legal working status of its employees and its Subcontractor's employees. The Contractor agrees that once assigned to Work under this Contract, key personnel shall not be removed or replaced without written notice to the Town. If key personnel are not available for Work under this Contract for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Work than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 1945539.2 22 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 3.35 Work Methods. The methods, equipment and appliances used on the Work shall be such as will produce a satisfactory quality of Work, and shall be adequate to complete the Contract within the Contract Time. Except as is otherwise specified in this Contract, the Contractor's procedure and methods of construction may, in general, be of its own choosing, provided such methods (A) follow best general practice and (B) are calculated to secure results which will satisfy the requirements of this Contract. The Work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference with normal operation and utilization of the Town's right-of-way. The Contractor shall exercise caution during the course of this Work to avoid damage to all known existing or possible unknown existing underground utilities. It shall conduct its operations in such a manner as to avoid injury to its personnel and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense of the Contractor. 3.36 Safe1y Fencing Requirement for Trenches and Excavations. The Contractor shall provide safety construction fencing around all open trenches and excavations during all non -working hours. In addition, the Contractor shall provide safety fencing around the Project site during working hours in order to ensure public safety. The Contractor shall provide for the safety and welfare of the general public by adequately fencing all excavations and trenches that are permitted by the Engineer to remain open when construction is not in progress. Fencing shall be securely anchored to approved steel posts located not less than six feet on center, having a minimum height of six feet, and shall consist of wire mesh fabric of sufficient weight and rigidity to adequately span a maximum supporting post separation of six feet. The fencing, when installed about the periphery of excavations and trenches, shall form an effective barrier against intrusion by the general public into areas of construction. The Contractor, at all times when construction is not in progress, shall be responsible for maintaining the fencing in good repair, and upon notification by the Engineer, shall take immediate action to rectify any deficiency. Prior to the start of any excavation or trenching required for the execution of the proposed Work, the Contractor shall submit to the Engineer for approval, detailed plans showing types of materials and methods of fabrication for the protective fencing. There will be no separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost shall be considered incidental to the cost of any other structures for which trenching is necessary. 3.37 Plans and Shop Drawings. Samples and Substitution of Materials. All submittals shall conform to MAG Specifications, Section 105.2 (Plans and Drawings) as modified by the MAG Supplement. Contractor shall furnish, within three business days following request therefore by the Town, detailed drawings of the Work, samples of Materials and other submittals required for the performance or coordination of the Work. Substitutions shall be equal or superior to Materials specified in the Contract Documents, shall be clearly identified on submittals as "proposed substitutions" and shall be approved by the Town in accordance with Section 2.4 above. Contractor shall be fully responsible for the adequacy, completeness and promptness of all such submittals. Materials shall not be furnished to the jobsite unless same is in strict compliance with the Specifications or otherwise approved in writing by the Town. Approval by the Town shall not relieve Contractor of full responsibility for compliance with scope, intent and performance in accordance with this Contract. 3.38 Utilities. A. Cooperation. The Contractor shall comply with the requirements of MAG Specifications 105.6, as modified by the MAG Supplement. B. Utilities Shown on the Plans. 1. Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to verify these locations and any additional lines which may exist through consulting with the Town, utility companies and "Blue Stake." 2. Existing utilities are indicated on Project plans in accordance with the best information available. Contractor shall notify all owners of utilities when its Work is in progress and 1945539.2 23 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT shall make such arrangements as are necessary to make any emergency repair to any utility, in a manner satisfactory to the Town of a damaged utility line, including individual or house service utility lines. 3. No extra compensation will be made for the repair of any individual or house service utility or utility lines damaged by Contractor's labor forces or equipment, nor for any damage incurred through neglect or failure to provide protective barriers, lights and other devices or means required to protect such existing utilities. 4. Contractor shall expose all sanitary and storm sewers, water, gas, electric, telephone utility lines, and other underground structures that might interfere with the Work, in order to permit survey location prior to construction. 5. Contractor shall assume full responsibility for damages to any underground facility/utility properly shown on the Plans or properly located by the Utility owner, as a result of failing to obtain information as to its location, failing to excavate in a careful and prudent manner (as defined in MAO Specifications), or failing to take measures for protection of the facilities/utilities. The Contractor is liable to the owner of the underground facility/utility for the total cost of the repair. C. Utilities Not Shown on the Plans. 1. If utility lines are encountered that are not shown on the plans, and not located, or incorrectly located by the utility owner, other than individual or house service utility lines, and these lines are damaged or work is required to clear same, then MAO Specifications, Section 109.8 and ARIZ. REV. STAT. § 40-360.21 et seq. shall apply. 2. The work necessary for the raising, lowering, or relocating of any such utility shall be at the utility owner's expense. The necessary Work may be done by the utility owner or by Contractor, or as a collaborative effort, at the option of the utility owner. All Work shall be in accordance with the standards of the Town and the utility owner. 3. In most cases, individual or house service utility lines are not shown on the Plans. It shall be Contractor's responsibility to locate and protect these individual or house services. If, due to Contractor's operations, any of these lines are damaged, it shall repair or replace these lines in a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location, protection, and working around these individual or house service utility lines shall be included in Contractor's bid for the Work under this Contract. 3.39 Sampling and Testing. Sampling and testing shall conform to the requirements of the MAO Specifications, Section 106, as modified by the MAO Supplement. The Contractor shall obtain an independent laboratory or testing company and pay all costs of testing required by the Contract Documents, including testing required by MAO, the Specifications, the Town and other jurisdictional bodies. A copy of all test results shall be furnished to the Engineer in a summary report submitted at the subsequent construction progress meeting (time and date to be set upon Contract award) for tests performed. At Substantial Completion, the Contractor shall submit a final test report containing all test results which certifies the Work complies with the Specifications. This report shall be sealed by a professional engineer registered in the State of Arizona who was responsible for overseeing the testing and sampling. 3.40 Cooperation between Contractors. The Contractor shall comply with the requirements of MAO Specifications, Section 105.7, as modified by the MAO Supplement. 3.41 Outdoor Construction Time Restrictions. Unless otherwise permitted by the Engineer, construction will be restricted as listed in the following table: 1945539.2 24 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT May 15 — September 15 September 16 — May 14 5:30 a.m. to 6:30 p.m. 6:00 a.m. to 6:30 p.m. Construction Work shall not begin Work prior to 7:00 a.m, and shall stop by 5:00 p.m. on Saturdays. There shall be no Construction Work on Sundays and all Town, State and Federal holidays. 3.42 Construction Survey. Construction survey and as -built record drawings shall conform to the requirements of the MAG Specifications, Section 105.8 (Construction Stakes, Lines and Grades), as modified by the MAG Supplement. Contractor shall provide and pay for all building layout staking, including elevations and all other Project staking. Replacement of construction stakes that have been knocked out due to Contractor's Work or lack of Work, weather conditions, traffic, vandalism or utility contractors will be done at Contractor's expense. 3.43 Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected by the Contractor or removed and replaced under direct supervision of the Engineer. Survey monuments shall be constructed to the requirements of MAG Specifications, Section 405. Lot corners shall not be disturbed without knowledge and consent of the property owner. The Contractor shall replace benchmarks, monuments or lot comers moved or destroyed during construction at no expense to the Town. Contractor and its sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Town elects to replace survey benchmarks using its own forces. 3.44 Stockpile of Materials. A. Engineer Approval. The Contractor may, if approved by the Engineer, place or stockpile Materials in the public right-of-way provided such Materials do not prevent access to adjacent properties or prevent compliance with traffic regulations. An encroachment permit shall be required. Any applicable cost shall be paid by the Contractor and shall be presumed to be part of the Contractor's bid. B. No Traffic Interference. Traffic shall not be required to travel over stockpiled Materials and proper dust control shall be maintained. 3.45 Excess Materials. When excavations are made, resultant loose earth shall be (A) utilized for filling by compacting in place or (B) disposed of off-site. Excess or unsuitable material, broken asphaltic concrete and broken portland cement concrete excavated from the right-of-way shall be removed from the Project Site and disposed of by the Contractor. Waste material shall not be placed on private property without express permission of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris and rubbish and cleaning all stains, spots, marks, dirt, smears or other blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products and debris and shall make necessary arrangements for such disposal. 3.46 Dust Control and Water. Contractor shall implement dust control measures in accordance with MAG Specifications, Section 104. 1, and the MAG Supplement. Installation and removal of fire hydrant meters should be scheduled at least three business days in advance through the Chaparral City Water Company. Watering shall conform to the provisions of MAG Specifications, Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company's fee schedule is required for each meter. The cost of the water is at the prevailing rate. 3.47 Storm Water. Contractor shall obtain all local, county, state and federal storm water permits. 1945539.2 25 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 3.48 Tempora1y Sanitary Facilities. The Contractor shall provide ample toilet facilities with proper enclosures for the use of workers employed on the Work site. Toilet facilities shall be installed and maintained in conformity with all applicable State and local laws, codes, regulations and ordinances and shall be properly lit and ventilated, and kept clean at all times. Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 3.49 Electric Power. Water and Telephone. Unless otherwise specified, the Contractor shall make its own arrangements for electric power, water and telephone as needed. Subject to the convenience of the utility, it may be permitted to connect to existing facilities where available, but Contractor shall meter and bear the cost of such power or water, and installation and disconnect of such power, water and telephone services. 3.50 Energized Aerial Electrical Power Lines. Utility companies may maintain energized aerial electrical power lines in the immediate vicinity of this Project. Contractor shall not presume any such lines to be insulated. Construction personnel working in proximity to these lines may be exposed to an extreme hazard from electrical shock. Contractor shall ensure that its employees and all other construction personnel working on this Project are warned of the danger and instructed to take adequate protective measures, including maintaining a minimum ten feet of clearance between the lines and all construction equipment and personnel. (see: OSHA Std. 1926.550 (a) 15, as amended). As an additional safety precaution, Contractor shall call the affected utility companies to arrange, if possible, to have these lines de -energized or relocated when the Work reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the Contractor. Contractor shall account for the time necessary to cause such utility disconnection in the preparation of its Bid. Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this Project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment coming in contact with them. Arizona law requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of their underground facilities. Contractor shall ensure that its employees and all other personnel working near any underground power lines must be warned to take adequate protective measure. (see: OSHA Std. 1926-651 (A), as amended). 3.51 Site Clean Up. Contractor shall at all times, but not less than daily unless otherwise agreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials, trash, debris and excess dirt, and at all times shall remove Contractor's implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representative fmd it necessary in his/her opinion to employ help to clean up, remove or store any of the foregoing due to failure of Contractor to do so, the expense thereof shall be charged to Contractor. Verbal notice from the Town Representative on clean-up or removal is considered adequate notice hereunder, and failure to conform with his/her request within 24 hours thereof will be construed as a breach of this Contract by the Contractor and such charges will be made against Contractor's account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage by the Town, if not deducted by the Town from monies due Contractor, shall be paid by Contractor within five business days of written demand by the Town. 3.52 Use of the Site. Contractor shall at all times comply fully with all laws, orders, citations, rules, regulations, standards and statutes with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention and safety equipment and practices, including any accident prevention and safety program of the Town; provided, however, that the Town shall not be required to impose any safety requirements or administer any such programs and the review or requirement of any safety plan by the Town shall not be deemed to release Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under this Contract. Contractor shall conduct inspections regularly to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to Work for its employees and employees of its Subcontractors, laborers, suppliers of material and equipment and any other person visiting the Site, for adequacy of and required use of all safety equipment and for compliance herewith. When so ordered, Contractor shall stop any part of the Work that the Town deems unsafe until corrective measures satisfactory to the Town have been taken. Should Contractor neglect to adopt such corrective measures, the Town may do so and 1945539.2 26 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT deduct the cost from payments due Contractor. Contractor shall timely submit copies of all accident or injury reports to the Town. 3.53 Public Information and Notification. The Contractor shall submit a public information and notification plan for this Project (the "Notification Plan") to the Town Representative at the first pre -construction meeting held prior to start of construction. The Notification Plan shall include, at a minimum, the items set forth in this Section 3.53; provided, however, that the Engineer may waive any portion of the requirements of this Section upon a written determination that the Project scope does not warrant such notification. Contractor shall provide Project information to affected residents and homeowners' associations prior to and throughout the Project's duration. The Contractor shall use the Notification Plan to inform the local citizens, businesses and Town officials, not less than five business days in advance, of (A) necessary operations that create high noise levels, (B) street closures, (C) detour locations, (D) haul routes and material delivery routes and (E) disruption of bus routes, mail routes and other delivery/pick-up routes. A. Neighborhood Notification. Prior to the start of any Work on the Project, the Contractor shall distribute a preliminary "Dear Neighbor" letter (8-1/2" x 11"), as submitted to and subject to the approval of the Engineer, to all businesses, property owners and residents within 600 feet of any portion of this Project. This "Dear Neighbor" letter shall include, at a minimum, the following information: 1. Contractor's name, business telephone number and the 24-hour "Hot Line" telephone number for this Project. 2. Name of Contractor's Project Manager. Name of Contractor's Project Superintendent. 4. Brief description of the Project. 5. Construction schedule, including anticipated Work hours. 6. Anticipated lane restrictions, including the expected duration thereof. Name of Town's Project Manager. 8. Name of the Engineer. The Town Manager or authorized designee shall provide the Contractor with a distribution list for this "Dear Neighbor" letter. Contractor shall (1) ensure that the letter is distributed to all persons and businesses indicated on the list provided by the Town Manager or authorized designee and (2) provide the Town Manager or authorized designee with a copy of the letter sent and sufficient proof of mailing. Subsequent to delivery of the "Dear Neighbor" letter, the Contractor shall distribute bi-monthly construction progress updates, including construction schedule and any additional information the Engineer deems important as a result of construction activities, to all persons and businesses included on the aforementioned distribution list. At the request of the Town Manager or authorized designee, Contractor may be required to distribute additional public notifications. At the end of construction a final "Dear Neighbor" letter shall be distributed to the persons and businesses on the aforementioned distribution list highlighting the Contractor's and the Town's appreciation for their patience during construction of the Project. B. 24 -Hour Project Hotline. The Contractor shall be required to furnish a private 24-hour telephone line to be used solely for receiving incoming calls from local citizens or businesses with questions or complaints concerning Project construction operations or procedures (the "Hotline"). The Contractor shall include this Hotline telephone number on all public information distributed throughout the duration of the Project. Contractor shall ensure that Contractor personnel man the Hotline during all hours that there is any Work being performed on this Project; the Hotline shall be answered by a live answering service during all other hours. The Contractor shall maintain a log of incoming calls, responses and action taken that shall be submitted to the Engineer weekly and upon request. 1945539.2 27 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT C. Public Meetins?s. The Contractor shall attend such public meetings as deemed necessary by the Town Manager or authorized designee. D. Press Releases. The Contractor shall, at the request of the Engineer, prepare press releases regarding the Project. E. Payment for Public Notification. The Town will pay, based on time and materials invoices, an amount not to exceed the amount designated in the Price Sheet and entitled COMMUNITY RELATIONS, for Work performed in accordance with the Notification Plan. Work that is eligible for reimbursement includes: the "Dear Neighbor" letters; bi-monthly progress reports; meetings with impacted businesses, residents, schools, churches or other groups; scheduling newsletter when necessary (at least monthly); temporary signs for local access; and maintaining the Hotline. No payment will be made under this item for any calendar day during which there are substantial deficiencies in compliance, as determined by the Engineer. The Contractor shall submit a final report/evaluation of its Notification Plan process performed for this Project. The report shall be submitted before the Contractor receives final payment. PART C - MISCELLANEOUS 3.54 Applicable Law: Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 3.55 Conflict of Interest. This Contract is subject to the provisions of ARIz. REV. STAT. § 38-511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 3.56 Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. 3.57 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 3.58 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 3.59 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and Contractor agrees to be fully and solely responsible for the payment of such taxes or any other tax applicable to this Contract. 3.60 Entire Agreement: Interpretation -Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. 1945539.2 28 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. 3.61 Assignment: Delegation. No right or interest in this Contract shall be assigned by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. 3.62 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to fiumish any of the Materials, Services or construction specified herein without the prior, written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 3.63 Riehts and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Materials or Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 3.64 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 3.65 Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Contractor: Attn: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on 1945539.2 29 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3.66 Overcharges by Antitrust Violations. The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 3.67 Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The tern 'force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with Section 3.65, of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: A. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. B. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Section 3.67. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Section 3.65 and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 3.68 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. 3.69 Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under Section 3.70 below, Contractor's and its Subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors' employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor's and its Subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the Contractor's and its Subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 3.70 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its 1945539.2 30 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its Subcontractors' facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Contract. 3.70 E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its Subcontractors warrant compliance with all Federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT.§ 23-214(A). Contractor's or its Subcontractors' failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 3.71 Scrutinized Business Operations. Pursuant to ARiz. REV. STAT. §§ 35-391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in ARtz. REV. STAT. § 35-391 or 35-393, as applicable. If the Town determines that the Contractor submitted a false certification, the Town may impose remedies as provided by law including terminating this Contract pursuant to Section 3.28 above. 3.72 Right to Inspect Plant. The Town may, at reasonable times, inspect the part of the plant or place of business of the Contractor or Subcontractor that is related to the performance of this Contract. 3.73 Warranties. Contractor warrants to the Town that all Materials and equipment furnished shall be new unless otherwise specified and agreed by the Town and that all Work shall be of first class quality, free from faults and defects and in conformance with the Contract. If at any time within one year following the date of Final Completion and acceptance of the entire Project (or such longer period as may be provided under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with the Work shall be or become defective due to defects in either labor or Materials, or both, or (B) Contractor's Work or Materials, or both, are or were not in conformance with original or amended Plans and Specifications, or supplementary shop drawings, then the Contractor shall upon written notice from the Town immediately replace or repair such defective or non- conforming Material or workmanship at no cost to the Town. Contractor further agrees to execute any special guarantees as provided by the Contract or required by law. Contractor shall require similar guarantees from all vendors and from all its Subcontractors. Contractor further agrees, upon written demand of the Town and during the course of construction, to immediately re -execute, repair or replace any Work that fails to conform to the requirements of the Contract, whether caused by faulty Materials or workmanship, or both. In the event Contractor shall fail or refuse to make such change upon the Town's written demand, the Town shall have the right to have such Work re -executed, repaired or replaced, to withhold from or back charge to Contractor all costs incurred thereby. 3.74 Inspection. All Materials and/or Services are subject to final inspection and acceptance by the Town. Materials and/or Services failing to conform to the Specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (A) waive the non-conformance; (B) stop the Work immediately; or (C) bring material or service into compliance and withhold the cost of same from any payments due to the Contractor. 3.75 No Replacement of Defective Tender. Every tender of Materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 1945539.2 31 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT 3.76 Shipment Under Reservation Prohibited. Contractor is not authorized to ship Materials under reservation and no tender of a bill of lading will operate as a tender of the Materials. 3.77 Liens. All Materials, Service or construction shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 3.78 Licenses. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 3.79 Patents and Copyrights. All Services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the Town and shall not be used or released by the Contractor or any other person except with the prior written permission of the Town. 3.80 Preparation of Specifications by Persons other than Town Personnel. All Specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the Town's needs. No person preparing Specifications shall receive any direct or indirect benefit from the utilization of Specifications, other than fees paid for the preparation of Specifications. 3.81 Advertising. Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. 3.82 ConflictingT. In the event of any inconsistency, conflict or ambiguity among the terms of the Contract, the IFB, the Scope of Work, any Town -approved Purchase Order, the Price Sheet, any Town - approved Work Orders, invoices and the Contractor's response to the IFB, the documents shall govern in the order listed herein. PART D - ALTERNATIVE DISPUTE RESOLUTION 3.83 Scone. Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for subsection 3.86(G) below, the alternative dispute resolution ("ADR") process provided for herein shall be the exclusive means for resolution of claims or disputes arising under, relating to or touching upon the Contract, the interpretation thereof or the performance or breach by any party thereto, including but not limited to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR provision. 3.84 Neutral Evaluator, Arbitrators. The Town will select a Neutral Evaluator to serve as set forth in this ADR process, subject to the Contractor's approval, which approval shall not be unreasonably withheld. In the event that the Town and the Contractor are unable to agree upon a Neutral Evaluator, the neutral evaluation process shall be eliminated and the parties shall proceed with the binding arbitration process set forth in Section 3.86 below. The Town and Contractor shall each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the State of Arizona and shall have experience in the field of construction law. None of the arbitrators nor any of the arbitrator's firms shall have presently, or in the past, represented any party to the arbitration. 3.85 Neutral Evaluation Process. If the parties have been unable to resolve the disputes after discussions and partnering, but the parties have agreed to a Neutral Evaluator, the following neutral evaluation process shall be used to resolve any such dispute. A. Notification of Dispute. The Town through its Engineer shall notify the Neutral Evaluator in writing of the existence of a dispute within ten days of the Town or the Contractor declaring need to commence the neutral evaluation process. 1945539.2 32 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT B. Non -Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding informal hearing of the matter to be held within seven calendar days from receipt of notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing in such manner as he deems appropriate and shall notify each party of the hearing and of its opportunity to present evidence it believes will resolve the dispute. Each party to the dispute shall be notified by the Neutral Evaluator that the party shall submit a written outline of the issues and evidence intended to be introduced at the hearing and the proposed resolution of the dispute to the Neutral Evaluator before the hearing commences. Arbitrators shall not participate in such informal hearing or proceedings process. The Neutral Evaluator is not bound by the rules of evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. C. Non -Binding Decision. The Neutral Evaluator shall render a non-binding written decision as soon as possible, but not later than five calendar days after the hearing. 3.86 Binding Arbitration Procedure. The following binding arbitration procedure, except as provided in subsection 3.86(G) below, shall serve as the exclusive method to resolve a dispute if (A) the parties cannot agree to a Neutral Evaluator as set forth in Section 3.84 above or (B) any party chooses not to accept the decision of the Neutral Evaluator. The party requesting binding arbitration shall notify the Neutral Evaluator of a request for arbitration in writing within three business days' of receipt of the Neutral Evaluator's decision. If the Contractor requests arbitration or if Contractor rejects the Town's selection of a Neutral Evaluator, it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in subsection 3.86(M) and the proceeds from the bond shall be allocated in accordance with subsection 3.86(M) by the Arbitration Panel. A. Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the Town's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator (or "Neutral Arbitrator") who shall be selected by the parties' arbitrators as set forth in subsection 3.86(B) If more than one consultant or contractor is involved in a dispute, the consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral Evaluator shall not participate in the proceedings. B. Selection of Neutral Arbitrator. The parties' arbitrators shall choose the Neutral Arbitrator within five business days of receipt of notification of a dispute from the Neutral Evaluator. The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in subsection 3.84. In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the Default Neutral Arbitrator, a person or entity jointly selected by the Town and the Contractor. If the Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the Contractor shall each submit two names to an appropriate judge who shall select one person. C. Expedited Hearing. The parties have structured this procedure with the goal of providing for the prompt, efficient and final resolution of all disputes falling within the purview of this ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will commence as soon as practical but in no event later than 20 calendar days after notification of request for arbitration having been submitted. This deadline can be extended only with the consent of all the parties to the dispute, or by decision of the Arbitration Panel upon a showing of emergency circumstances. D. Procedure. The Arbitration Panel will select a Chairman and will conduct the hearing in such a manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre -hearing statement which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that 1945539.2 33 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT will be required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision, if any. The Chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein and the parties' objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which a privilege is recognized by Arizona law. The Chairman upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the Chairman. E. Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed from business day to business day until concluded, absent a showing of emergency circumstances. F. Award. The Arbitration Panel shall, within ten calendar days from the conclusion of any hearing, by majority vote issue its award. The award shall include an allocation of fees and costs pursuant to subsection 3.86 (M) herein. The award is to be rendered in accordance with this Contract and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual party in excess of twenty percent (20%) of the original Contract amount, but in no event shall any award exceed $2,000,000, exclusive of interest, arbitration fees, costs and attorneys' fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys' fees, it must be supported by written fmdings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of twenty percent (20%) of the original Contract amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any party's claim, but shall conduct a preliminary hearing into the question of jurisdiction upon application of any party at the earliest convenient time, but not later than the commencement of the arbitration hearing. I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry of judgment on it. J. Severance and Joinder. To reduce the possibility of inconsistent adjudications: (1) the Neutral Evaluator or the Arbitration Panel may, at the request of any party, join and/or sever parties, and/or claims arising under other contracts containing this ADR provision, and (2) the Neutral Evaluator, on his own authority, or the Arbitration Panel may, on its own authority, join or sever parties and/or claims subject to this ADR process as they deem necessary for a just resolution of the dispute, consistent with the parties' goal of the prompt and efficient resolution of disputes, provided, however, that the Contractor, Architect/Engineer and Project professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall create the right by any party to assert claims against another party not germane to the Contract or not recognized under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the Arbitration Panel are authorized to join to the proceeding parties not in privity with the Town. Contractor cannot be joined to any pending arbitration proceeding, without Contractor's express written consent, unless Contractor is given the opportunity to participate in the selection of the non -Town appointed arbitrator. K. Appeal. Any party may appeal (1) errors of law by the Arbitration Panel if, but only if, the errors arise in an award in excess of $100,000, (2) the exercise by the Chairman or Arbitration Panel of any powers contrary to or inconsistent with the Contract or (3) on the basis of any of the grounds provided in ARIZ. REv. STAT. § 12-1512, as amended. Appeals shall be to the Maricopa County Superior Court within 15 calendar days of entry of the award. The standard of review in such cases shall be that applicable to the consideration of a motion for judgment notwithstanding the verdict, and the Maricopa County Superior Court shall have the authority 1945539.2 34 Return to Agenda TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT to conium, vacate, modify or remand an award appealed under this Section, but not to conduct a trial, entertain the introduction of new evidence or conduct a hearing de novo. L. Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration pursued under this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in ARIZ. REv. STAT. § 12-1501, et seq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before the Arbitration Panel, including without limitation the Arbitration Panelists' fee, and the prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non -prevailing party, except as provided for herein. In no event shall any Arbitrator's hourly fees be awarded in an amount in excess of $200 per hour and (1) costs shall not include any travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150 miles, and (2) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of the Town in effect at the time of the hearing. The determination of prevailing and non -prevailing parties, and the appropriate allocation of fees and costs, will be included in the award by the Arbitration Panel. Fees for the Neutral Evaluator shall be divided evenly between the Town and the Contractor. N. Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to the maximum extent allowed by Arizona law and no party shall, except for disclosures to a party's attorneys or accountants, make any disclosure related to the disputed matter or to the outcome of any proceeding except to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the parties or an award made hereunder. O. EE uitable Liti ag tion. Notwithstanding any other provision of ADR to the contrary, any party can petition the Maricopa County Superior Court for interim equitable relief as necessary to preserve the status quo and prevent immediate and irreparable harm to a party or to the Program pending resolution of a dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as may be necessary to enforce an order entered by the Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding shall be determined and assessed in ADR. P. Change Order. Any award in favor of the Contractor against the Town or in favor of the Town against the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award and the provisions of this Contract. Q. Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims, demands, and requests for compensation for costs and losses or other relief, including the extension of the Contract performance period which reasonably should or could have been brought against any party that was or could have been brought into this ADR process, with respect to the subject claim. The Arbitration Panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against any party regarding which claim or claims recovery has been sought or should have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission. R. Inclusion in Other Contracts. The Contractor shall cooperate with the Town in efforts to include this ADR provision in all other Project contracts. Subject to Contractor's reasonable agreement, the Contractor agrees that any modification to this ADR provision that is included in the construction or other contracts shall also apply to the Contractor. It is the intent of the parties that any changes to this ADR provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changes to the substance or procedure of this ADR provision. 1945539.2 35 EXHIBIT A TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Specifications, Plans/Construction Drawings and Geotechnical Report] See following pages. 19455392 Return to Agenda Return to Agenda Project Specifications Avenue of the Fountains Median Improvements Fountain Hills, Arizona Fountain Hills Project No. E8504 Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 (PH.) 480-816-5100 (FAX) 480-837-3145 Contact: Paul Mood ARCH lT ECT LANDMARK DESIGN ARCHITECTS 2318 S. McClintock Drive, Suite 3 Tempe, AZ 85282 (PH.) 480-719-9003 (FAX) 480- 966-2874 Contact: Wade Felkins WADE K. FELK14S 71►3 These documents are available on the Town website at: http://www.fh.az.gov/available-bids.aspx 1945539.2 Return to Agenda EXHIBIT B TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Substitution/Equal Request Form] See following pages. 1945539.2 Return to Agenda Return to Agenda SUBSTITUTION/EQUAL REQUEST FORM AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS Bidder hereby submits for Town's consideration the following product, instead of the specified item, for the above Project. Section Page Paragraph/Line Specified Item Proposed Substitution: (NOTE: See Article II — Bid Process; Bid Award, Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, for additional criteria concerning prior approval for substitutions or use equals of material and equipment.) Attach complete product description, drawings, photographs, performance and test data, and other information necessary for evaluation, indicating by highlighting all comparable data between specified item and proposed substitution or equal. Identify specific model numbers, fmishes, options, etc. A. Will changes be required to Project design (architecturally, structurally, mechanically or electrically) in order to properly install proposed substitution? Yes No If Yes, explain: B. Will the undersigned pay for changes to the Project design, including engineering and drawing costs, caused by requested substitution? Yes No C. List differences between proposed substitution and specified item. Specified Item Proposed Substitution D. Does substitution affect Drawing dimensions? Yes No If Yes, explain: E. What effect does substitution have on other trades? F. Does manufacturer's warranty of proposed substitution differ from that specified? Yes No If Yes, explain: 1945539.2 B-1 G. Will substitution affect progress schedule? Yes No If Yes, explain: H. Will substitution require more license fees or royalties than specified product? Yes No If Yes, explain: I. Yes Will maintenance and service parts be locally available for substitution? No If Yes, explain: Return to Agenda J. Will substitution be compatible with all adjacent material and/or applications to or on the proposed substitution? Yes No If no, explain what material substitutions will be required to make your proposed substitution compatible: List materials that will be required to provide compatibility: The undersigned hereby assumes all responsibility for all provisions indicated herein and agrees that, if adequate comparable information is not provided as required by Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, and this Form, the proposed substitution or equal shall be subject to rejection. The undersigned understands and agrees that the substitution requested, including all supporting data, must be submitted to and be in the possession of the Town ten (10) full calendar Days prior to the Bid Deadline, to be considered, including all supporting data for the substitution. Telegraphic (facsimile) or electronic (email) copies will not be considered. Submitted by: Signature Print Name Title Company Name Address City, State, Zip Code Date Telephone No. 1945539.2 For Town's Use Only: Accepted: Accepted: By: Date: Remarks: IM EXHIBIT C TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Price Sheet] See following pages. 1945539.2 Return to Agenda Return to Agenda PRICE SHEET AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Item No. Description of Material and/or Service Qty Unit Unit Price Total Price 1 Mobilization 1 LS io--rot �aoQ 2 Stormwater Pollution Prevention Plan 1 LS 3 Survey & Staking 1 LS e -6 �r 4 Owner's Allowance 1 LS $ 40,000.00 $ 40,000.00 5 SRP Power Allowance 1 LS $ 50,000.00 $ 50,000.00 6 Public Notification Allowance 1 LS $ 500.00 $ 500.00 7 Traffic Control 1 LS C 8 Site Security 1 LS - `/G U Z y00 9 36" Box Trees 49 EA 5-6)0 �/. S-elU 10 48" Box Trees 11 EA it Sod 62,267 SF 5_0 / �7 12 5 Gallon Shrubs 319 EA a 13 1 Gallon Shrubs 44 EA f. 0 0 0 2 Z0 , 14 Decomposed Granite 6,438 EA , S'i- , 0 15 Irrigation System 1 LS %7 - o00 • p 16 Existing Tree Maintenance 1 LS (Z-00 (2 a U 17 Landscape Establishment 1 LS ZZ 6-0 Z 18 10' Concrete Walkway 11,235 SF `j- 19 6' Concrete Walkway 410 SF Z • %Q 20 Concrete Header 459 LF i3 00 21 Accent Gabion Columns 14 EA 3. 7'Z 0 080 22 Accent Gabion Walls 11 EA 600 600 23 Pavers (Plaza, Picnic Area and Art Areas) 12,018 SF 0,> Z 24 Plaza Paver Band 2,644 LF 25 Decorative Metallic Panels 30 EA "qt-- ovo 26 Equipment Enclosure Walls 1 LS c1C70 3 00C, 27 Equipment Enclosure Gates 6 EA f 0. 0 28 Pavement Markings 1 LS 3006 � &C-0 29 Remove & Replace Curb & Gutter 205 LF b• 00 Sr• 3 3 0 30 Sidewalk Ramp 11 EA 43 00 31 Plaza Plan 'A' and Fountain 1 LS 32 Plaza Plan 'B' and Fountain 1 LS �/ �.ovyoad 33 Plaza Plan 'C' and Fountain 1 LS (,(Q-000 D -Q -O 34 Plaza Plan 'D' and Fountain 1 LS 0 0,V0 7 e aw 35 Plaza Plan 'H' and Fountain 1 LS 3, $' 3, 5-0 U 36 Drinking Fountain 2 EA -> 0-ob j _ oho 1945539.2 C-1 Return to Agenda 37 Picnic Table 16 EA % $OV 2 f5 - -bo-U 38 Trash Receptacles 9 EA Z,-e,,O 39 Pet Station 2 EA 1-)00 1 -/6YO 40 Bench 6 EA y00 �5 . ,jecyo 41 Bike Rack 8 EA -3,5-0 40-61 42 Remove Existing Landscaping 1 LS } �<—, ki ,?o .5,-• bvo 43 Tree Removal 30 EA O O S -O O O 44 Remove Fountains 1 LS -VV `3d� 45 Remove and Replace Asphalt Pavement 1 LS 0-0-v 01" 46 Remove Existing Hardscape 1 LS O !1 60-00 47 Rough Grading and Export 1 LS70. BU 48 Final Grading 1 LS fT0`a 49 West Median Electrical 1 LS 0" / 00.0 50 East Median Electrical 1 LS Ozw `1 er v 51 Underground Electrical for Event Outlets 1 LS "2 iDC-> 11> 0-1c) 52 Event Outlets 32 EA 0-v � Z • Xa0 53 Power Distribution Box 15 EA MO 54 Power Cable for Power Distribution Box 15 EA SOU 7 4� Total Base Bid 55 1 Bid Alternate A: Plaza Plan'D' & Fountain 1 1 1 LS I — / -Z - t Z 1 ,-00 56 Bid Alternate B: 10' Concrete Paver 11,235 SF Walkway 57 1 Bid Alternate C: Shade Structure 1 8 1 EA I % 6 • 6 0 1 O 58 1 Bid Alternate D: Lighting 1 1 1 LS I I j Z 0 l l Z • Oct 1945539.2 C-2 EXHIBIT D TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Federal Requirements] See following page. Not applicable to this Project. 1945539.2 Return to Agenda EXHIBIT E TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Licenses; DBE/WBE Status] See following page. 1945539.2 Return to Agenda Return to Agenda LICENSES; DBE/WBE STATUS AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS Attach a copy of your Contractor's License to your bid submittal. Attach a copy of your Business License to your bid submittal. * Business License must be either a Town of Fountain Hills Privilege Tax Business License or an Arizona Transaction Tax (sales) Privilege Tax License Has your fret been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes No )C If yes, please provide details and documentation of the certification. 1945539.2 E-1 0 Tris is to Certify That J E BOWEN CONSTRUCTION L L C having been shown to possess all the necessary qualifications, and having c zs by order of the Registrar of Contractors duly licensed and admitted B-01 GENERAL COMMERC`AL C Contractor in tl,le State of Ariznnu. Given under my band and the day cf say y office, City ofPhaentx, this 17TH 0 D m CL m LzCB72S'B 1'1j0. ROC241368 Chle� r u "",IS lied with all the requirements of the law, engage in and pursue the business of of the Registrar of Contrracto "S t 2008. DIRECTOR (9 of & ffice License No. ROC a This is to Certify That J E Bowen Construction LLC DBA (If any) 269982 Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law, is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of K-37 Plumbing Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of Phoenix, on 01/04/2011 DIRECTOR, ARIZONA REGISTRAR OF CONTRACTORS 0 D m CL 2) 01 �ffice 04 the License No. ROC259562 Istra(04 c6onizacto(s Ibis is to Certify Ybat J E BOWEN CONSTRUCTION LLC having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law, is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of L-11 ELECTRICAL Contractor in the State of Arizona. Given under nay hand and the seal of the Registrar of Contractors in my office, City of Phoenix, this Str ox 7931* 5TH day of NOVEMBER , 2 0 0 9. P ffFj cm, DIRECTOR ARIZONA REGISTRAR OF CONTRACTORS i U ff/,Cc 04 //// C License No. Roc 2 4 1 3 6 7 cci Istrar V ontralclom 2,bis is to Certify Tbcai J E BOWEN CONSTRUCTION L L C having been shown to possess all the necessary qualifications, and having complied with all the requirements of the lazy, is by order of the Re I °strar of Contractors duly licensed and admitted to engage in and pursue the business of L-39 AIR CONDITIONING AND REFRIGERATION Contractor in I�be State of Arizona. Given under my hand and the seal of the Registrar of Contractors in my ajlice, City of Phoenix, this 17TH day of JANUARY, 2008 . ° ��' DIRECTOR FTSEsr9r� ARIZONA DEPARTMEN i OF REVENUE Return to Agenda LICENSE & REGISTRATION SECTION F ■;�, 1600 WEST MONROE PHOENIX, ARIZONA 85007-2650 EFFECTIVE DATE January 17, 2008 TRANSACTION PRIVILEGE TAX LICENSE -NOT TRANSFERABLE- The licensee listed below is licensed to conduct business upon the condition that taxes are paid to the Arizona Department of Revenue as required under provisions of A.R.S. Title 42, Chapter 5, Article 1. ALL communications and 20246645 -og— reports MUST REFER to 0800010302464 this LICENSE N0. IIpllIIII1[m[IN I[IIIIAVIpllQIElm [f [11 Hill Issued To: JE BOWEN CONSTRUCTION LLC 517 S BLOSSOM MESA AZ 85206 BUSINESS CLASS 015 fontracting-prime Location: JE BOWEN CONSTRUCTION LLC 517 S BLOSSOM MESA AZ 85206 PROGRAM CITIES CAREFREE This License is issued to the business named above for the address shown. Licenses, by law, cannot be transferred from one person to another, nor can they be transferred from one location to another. Arizona law requires licensees to notify the Department of Revenue if there is a change in business name, trade name, location, mailing address, or ownership. In addition, when the business ceases to operate or the business location changes and a new license is issued, this license must be returned to the Arizona Department of Revenue. EXHIBIT F TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Bid Bond] See following page. 1945539.2 Return to Agenda Return to Agenda AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS: THAT, J E Bowen Construction LLC (hereinafter called Principal), as Principal, and Employers Mutual Casualty Company , a corporation organized and existing under the laws of the State of Iowa with its principal office in the City of Des Moines , (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills, (hereinafter called the Obligee) in the penal sum of Ten Percent (10%) of Base Bid Amount, Ten Percento of Attached Bi(xbollars) ($ 10% lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents and in conformance with A.R.S. Section 34- 201. WHEREAS, the Principal has submitted a bid/proposal for: Avenue of the Fountains Median Improvements — DS2103-129 NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the ten -ns of the proposal and gives the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. 1945539.2 Witness our hands this 29 day of May 20 13 J E Bowen Construction LLC Principal Seal F-1 Return to Agenda AFEMC Insurance Companim Flo. A35599 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company, an Iowa Corporation EMCASCO Insurance Company, an Iowa Corporation Union Insurance Company of Providence, an Iowa Corporation Illinois EMCASCO Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation EMC Property & Casualty Company, an Iowa Corporation Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint: ANDREW J. PAFFENBARGER, SCOTT WAREING, DIANE L. ARMENT, JENNIFER CASTILLO, JOSEPH A CLARKEN,ILt its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows:. ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL_ 1, 2014 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver an behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fad shall be fully and in all respects binding upon the Company. Cerfification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 20th day of JANUARY 2011 Seals INSUy4y'., CO MPq41 ''.. $ PZGo �``q, ..... '•O .� �PSY ,CNS'. =`w4 `O,POPirF 'Cn _` x SEAL -!- _ 1863 1953 - �� IOWA :p`- 3',•'�, �'•IOydA•s Os�� ��a5. . 45uHANCP . %05 AVC ouYUAd �•'•. �� , 4 i U4 c`ppPOR-0r� �✓q .Q Y- `Oy PPpgJ C, SEAL aQ `OPFONgJ�.=9�� w SEAL �= _o SEAL =_= _ SEALartl IDA - uTUAI ,tyTUg y y ►ti m J `'r LAUREL A. BLOBS �:rJ A cpp Commission Number 183662 "F QfNEs.10� My Comm. Exp. Marr 3.2014 41--1 "44 Bruce G. Kelley,Chairman/-/ of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 '///y' _k Michael Freel Assistant Vice President/ Assistant Secretary On this 20th day of JANUARY AD 2011 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice PresidenUAssistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. ,,�_ a &u� Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JANUARY 20, 2011 on behalf of: ANDREW J. PAFFENBARGER, SCOTT WAREING, DIANE L. ARMENT, JENNIFER CASTILLO, JOSEPH A CLARKENJII are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29 day of May 1 2013 Vice President EXHIBIT G TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Key Personnel/Subcontractor Listing] 1945539.2 Return to Agenda Return to Agenda KEY PERSONNEL/SUBCONTRACTOR LISTING AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS Key Personnel and Subcontractors listed herein shall be utilized on this Project. Category: P,�t1yti , yxvl,f)- 04�6tvl - 1945539.2 Personnel/ Subcontractor Name, Contact Information: sad/c -%Sa - 9Y6 - } v 3 Z 393 00 mac, 6e -, d0Z X92 , ozaj ~ -Z A, foo l G-1 (V EXHIBIT H TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Performance Bond] See following page. 1945539.2 Return to Agenda Return to Agenda PERFORMANCE BOND AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and a corporation organized and existing under the laws of the State of , with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated day of 20_, for the material, service or construction described is hereby referred to made a part hereof as fully and to the same extent as if copied at length herein. the as and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the Contract during the original term of the Contract and any extension of the Contract, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 Principal Seal 4", Surety Seal BY: Agency of Record 1945539.2 H-1 EMBIT I TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Payment Bond] See following page. 1945539.2 Return to Agenda Return to Agenda PAYMENT BOND AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) (S ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has day of entered into a certain written Contract with the Obligee, dated the 20 for the material, service or construction described as which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's Subcontractors in the prosecution of the Work provided for in the Contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if they were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 Principal I Surety MM Agency of Record 1945539.2 I-1 Seal Seal EXHIBIT J TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [References] See following page. 1945539.2 Return to Agenda Return to Agenda REFERENCES AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS Provide the following information for three clients for whom Bidder has provided Services of similar size and scope within the past 36 months. These references will be checked. Please ensure all information is accurate and current. Failure to provide three accurate and suitable references will result in disqualification. 1. Company: 41; 71 o , S im t c U ti : ye", Address 00 &y x 9'75'.21X City/State/Zip Code j .c�� A Z f s' vLi117 Contact: A,+L,,,r hre, Telephone Number: yip •-9` 5--irl3 S Date of Contract Initiation: S -5^- .20 1--2- Date of Contract Expiration: Final Project Cost: / 9.� -?13. U 0 Project Description:1s�, <<,��, mull 2. Company: A! 17 t .54z. l f- Address to w x 9- -75-.z / X City/State/Zip Code j -,.,., p' ftz rS-A '7 Contact: PO.dry (,1k6-Vr-r04CC Telephone Number: Date of Contract Initiation: Date of Contract Expiration: ] -,;P 7- = Final Project Cost: o? `/9 / ?0, y,2 Project Description: d Su 00, -k - 3. o, -h 3. Company: )C -V,- Cc r Hr -(>,A I Address nr City/State/Zip Code Or- s co 1 4 A z- 3o S - Contact: Q, 11 i, t Telephone Number: W5-- 9(95-1 Date of Contract Initiation: / //- a0/,3 Date of Contract Expiration: t Final Project Cost: C rY c. yxt r ,�, s 4- 9 /�� 000,00 Project Description: /a�/c-p, ; %unh. Gy�✓i6-o��� �relza4-� !945539.2 J-1 EXHIBIT K TO INVITATION FOR BIDS FOR AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS [Acknowledgments of Addenda received] See following page(s). 1945539.2 Return to Agenda Return to Agenda TOWN OF FOUNTAIN HILLS ACKNOWLEDGMENT OF ADDENDA RECEIVED INVITATION FOR BIDS AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS (DS2103-129) Addendum No. 1 .Sf 6 e wc+n Coo4fi-f �/pe, LC.L , affirms that ADDENDUM No. 1 has been (Name of Vendor/Designee) received and that the information contained in ADDENDUM No. 1 has been incorporated in formulating the Vendor's Offer. S -a 9 2013 Date Print Name Proms Title .Ji �owcv� Ct)✓1S�'.n..c/1�.� LL L Company Name Q 7 S /jl,, ss o ►� Address M,e S C. A Z S,5.j-o (> City, State, Zip Code END OF ADDENDUM No. 1 1960411.1 Return to Agence — —1111110 A� �® CERTIFICATE 4F LIABILITY INSURANCE 6i12i2o1"3"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LeBaron & Carroll, LLC 1350 E. Southern Ave. Mesa AZ 85204 CONTACT NAME: Angela Terlecki, CIC, CRM PHONE (480)834-9315 1 FAX No: (480)844-9866 -angela@landc.com INSURERS AFFORDING COVERAGE NAIC f INSURERA-Xidwest Family Mutual IIIc Co 23574 INSURED JE Bowen Construction LLC 517 S. Blossom Mesa AZ 85206 INSURERB:SCF General Insurance Co 13043 INSURER C : INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:2013/2014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. !NSR LTR TYPE OF INSURANCE IOWA of Fountain Hills POLICY NUMBER MMIOOY� POLICY EXP LIMITS GENERAL LIABILITY cah Rogers/ANGELA:- EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO REN I L17 - PREMISES Ea occurrence) $ 50,000 A CLAIMS -MADE Ex—]OCCUR CAZ0560093720 /1/2013 /1/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 $ Fx—1 POLICY F PRO- T LOC AUTOMOBILE LIABILITY COMBINED Ea accident SINGLE1,000,000 BODILY INJURY (Per person) $ P' X ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS 0560094484 /27/2013 /1/2014 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Peracadent NON-OWED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 A EXCESS LIAS CLAIMS -MADE DED RETENTION$ $ UAZ0560093722 /1/2013 /1/2014 B WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PRO PRI ETORrPARTNERIEXECUTIVE OFFICEP/MEMBER EXCLUDED'ff] (Mandatory In NH) !A N 32097 /1/2013 /1/2014 WC STAT U- OTH- R I EL EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under AsOF OPERATIONS below INLAND MARINE cAz0560093720 /8/2013 /1/2014 Leasecl/Rented Equipment $50,000 A ded $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS - Town of Fountain Hills is included as Additional Insured where requ3 red by written contract. rFRTIFICCTF WnI nF:P CANCELLATION ACORD 25 (2010/05) INS025 (2 01005) 01 O 1988-2010 ACORD CORPORATION. All rights reserVea. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IOWA of Fountain Hills 16705 East Avenue AUTHORIZED REPRESENTATIVE of the Fountains Fountain Hills, AZ 85268 cah Rogers/ANGELA:- ACORD 25 (2010/05) INS025 (2 01005) 01 O 1988-2010 ACORD CORPORATION. All rights reserVea. The ACORD name and logo are registered marks of ACORD Return to Agenda M JE Bowen Construction LLC ACAZ0560093720 Additional J:Isured Own--=rs, *::essF:cz; or C',.)ntractors A -o t c.T. 3 t i c stats W,'le.rl rz;q•lired i..n Construction Agn-?,-m...,it Yo'..l. I'his modifies lnsurancc. provided. 'und-r -C ;Aabi)-ity Covt.-.raqo, Section of thv.i curitrauLc;rs P licy. ti. C. i.:.: 3. ') S 0 r ed i -:-. am cirid ed t c i -i clude. as --n-) i-nsured any porscm or organization w,'ho yuu bre requirod to arld as an additjonaJ J-zisur.-L,d o ':.h.is volicy ,md.ex a wri.tten cuntract a a�(rcem-C.rlt' b"'It --!.-Il.v witri to liabi)j.tv for bodily in"..-Iry, rllrorll�rty damrege or pin�r3r.,nail. a.nd edvertising ixzi ry Cal -.13C` I n W?l 0 , 1. e or in nart bv- 1. Yom.r &cts or or. 2. Tne acts or rxr-issicans of trv-,sc, aicting on yoor belie (f; and 8-.. you'll. certorn;v.'d for tne, addit:J.Orj,�]. b Y .-:) u jrc -..i CGt e d a. s i c "Id e d i * 1 1* 1e v. r 'n d u C: t S r,.! e t c, d or1' 8. t i. 0 In a z a nid pe, r v, r mc or t'.Ii C- 3 ..5. However, x—ir , ding of pr -OVA ion -s A abcve I '4e aill not -,xt;an-d ins-Lira-icc co,,reragc to any additio7lal. ins--are.:l n -r rwgariization ?'. Vi. t is to You in t. lis policy; Cr' b. 'T:nat Tt.riv broader you ar-':i x-,:.-quired to provid,:-. to toe edditi..la l. j.xisured v-er-BC-)n c;r orci&-nj.7c;tJ0'i. An t.Jne written contrar--t Cr writt....n't 13 Ci r '&r.."e: I t . 2. Vgc wi..(L -.lot nrovide -!.lrits of rnsiu.rarl,)f:-, to any adds t.ional ins"Ired or orrani zat.i.cr) t"l:a.- t -he •1"x? 1'.im4-r it.--, of to yr; --i in this b. 'Pie. 1-im.-its r7f lris-uremcc yoti are r.�c;-jired to -orovide A. -I thc written cont-r.ac_ft C. Tne Lrisurarice rrovj.&:'cj to t")e adcht.i.ona.-I. r---et-son ar Q.T.'g,enizatiorl dc).es :lot applv: Bodi.lv iniury, prora:x,tv ra.,r&.ge, or p-iXsonal and a ( Jv e r t. S. in'�l r'zl to render, ixij,ury prisi i.g out of .:.Ir rend--- fa 'Au pro.tc.-ssional arcrOt.l.ctural, Lm nen.-1r.1ncj or s'jrv—jpi--tq Z'C'n7l.ces I 'T'ne 1.prep--ari:ici, a -p -proving cr failin,,i to prc-p-are or ennro-j(-.-- iS' Sbor, draw-.n-gs, cpini.;ns, rc.,p rt su Y. , f i Orde-is, c.iJa- gck of orders Cr drawings and sp-ciflc-atiosis; and 2. SliDer*.risory arC*:iitC.ctur&l, Cr<-.m-gi. ricer i rig activitILIS . Return to Agenda D. For t.?re coverage provided by -tnis. ender-S'ement: I. Tbe Ansilr6nC.e is. priTz.r-y dxtsur a rice as iizir cover&ge for -ttic addition -al irysurc!'d per5o.n- CVr ori-.1anization. wie-re t1be, ti;ritten contra:ct or agre-ement r.equires t1his in-sukazice' by primary and non cdntrib.-Lit-orv. I -i that event., We will. not seek. con-t-ri.bution from anv ot,her p licy avaiil-ab.le to tbe ascii, tibrual a a1.x15:.)1 3d. person 6r orqaniz"ati&i. is- C;-. wh.i.c.lh t.h.e. a dda t i. o. r 1. l. Nanied Insured. This ansara.ice is e.4i.c.es's: -ov--,r anS-r- other in-s-ara'nce, Whevbet. priiii-ary, -ixcegg, contingi-umt. Ot an arly (Aher b4-val.6, available to an addition -al insured, in whi.c'h Vie -additi.onal insured on our. poli.cy J.s also covered as an add it i on -a I i ftred by att-cczhmont -of an endors.emerit td another poli.cy providing coverage for the saine occurrence, or s---zlit. This proirislon docs riot appl,Y to any POJACV thc, addi.tic'n.al ins -art -d -i.s -CNamed. xnsured on suc"n otner poli,cy and wh--r-- oar 00,ti.cy is-roquired by tWr.ltten--cd.nt.f,a-i--t or'-writ.t,-.-m attreerrez)t 6 prwidia c6vexagi.� to t -.he i.ddit.icziOl insured on- a primc—ry .&nd non- contributory basis. Z%l arreuutunt laws Midis l Vutueance 1991 Return to Agenda MIDWEST FAMILY MUTUAL PART B DECLARATION PAGE INSURANCE COMPANY Artisan Contractor P.O. BOX 9425 Minncarx)lis, MN 55440-9425 Now Business Declarations DB POLICY NUMBER FROM POLICY PERIOD TO AGENT ACAZO560093720 02/01/13 02/01/14 12:01 AM STANDARD TIME 13820 NAMED INSURED AND ADDRESS AGENT JE BOWEN CONSTRUCTION LLC LEBARON & CARROLL LLC 517 S BLOSSOM 1350 E SOUTHERN AVE MESA, AZ 85206 MESA, AZ 85204 Phone: (480) 834-9315 01 'x' IF SUPPLEMENTAL DECLARATION ❑X SUPPLEMENTAL DECLARATION Business Description: Form of Business: Plumbing Other In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. DESCRIBED PREMISES Forms Applicable: Special Premises No. Bldg. No. Location Mortgage Holder Name and Address SEE ATTACHED SUPPLEMENTAL DECLARATIONS SEE ATTACHED SCHEDULE PROPERTY PREM NO 1 BLDG. NO I PREM. NO BLDG NO I PREM NO I BLDG NO SEE ATTACHED SUPPLEMENTAL DECLARATIONS Deductible $ SEE ATTACHED SUPPLEMENTAL DECLARATIONS OPTIONAL COVERAGES SEE ATTACHED SUPPLEMENTAL DECLARATIONS LIABILITY AND MEDICAL PAYMENTS Except for Fire Legal Liability. each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to paragraph DA. of the Businessowners Liability Coverage Form. Limits of Insurance Liability $1,000,000/ 2,000,000 Aggregate Products/Completed Operations Liability $1,000,000 Occurrence/ $2,000,000 Aggregate Medical Expense $5,000 per person Fire Legal Liability $50,000 any one fire or explosion Deductible (Property Damage Liability) $500 THIS POLICY IS SUBJECT TO AUDIT AND BASED UPON 14 FULL TIME EMPLOYEES AND PART TIME EMPLOYEES. TOTAL PREMIUM $27,554.00 FORMS AND ENDORSEMENTS: SEE ATTACHED SCHEDULE During the past three years no insurer has canceled any insurance issued to the name insured, similar to that afforded hereunder, unless otherwise stated herein. THESE DECLARATIONS, TOGETHER WITH THE COVERAGE FORM(S), COMMON POLICY CONDITIONS AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Includes copyright material of Insurance service O`(ice Inc . With its permission Copynght Insurance Service Inc., 1884, 1985 DATE 02/14/2013 PAGE 1 AC�RD� CERTIFICATE O F PROPERTY INSURANCEDATE (MMIDDIYYYY) F6/14/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an Insurable Interest in the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER LeBaron & Carroll, LLCPHONE 1350 E . Southern Ave. CONTACT NAME: Angela Terlecki, CIC, CRM (480) 834-9315 FAx (480)844-9866 Arc Ext : AIC No E-MAIL ADDRESS: ang ela@landc.com Mesa AZ 85204 PRODUCER 00047112 INSURER($) AFFORDING COVERAGE NAIC BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP Builders Risk- Blanket INSURED INSURER Midwest Family Mutual Insurance 23574 JE Bowen Construction LLC $ 517 S. Blossom INSURER B : EARTHQUAKE $ INSURER C INSURER D: Mesa AZ 85206 $ X Builders Risk $2,500 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:2013/2014 REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is requlred) Builders Risk - Blanket Locations THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) COVERED PROPERTY LIMITS A X PROPERTY CAUSES OF LOSS DEDUCTIBLES ACAZO560093720 2/1/2013 2/1/2014 X BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP Builders Risk- Blanket $ $ BASIC BUILDING BROAD CONTENTS X SPECIAL $ $ $ EARTHQUAKE $ WIND $ FLOOD $ X Builders Risk $2,500 $ 2,400,000 INLAND MARINE CAUSES OF LOSS NAMED PERILS TYPE OF POLICY $ $ POLICY NUMBER $ CRIME TYPE OF POLICY $ $ $ BOILER & MACHINERY 1 EQUIPMENT BREAKDOWN $ Is SPECIAL CONDITIONS 1 OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS CERTIFICATE wni r]FR CANCELLATION ACORD 24 (2009/09) ©1995-2009 ACORD CORPORATION. All rights reserved. INS024 (200909) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Fountain Hills ACCORDANCE WITH THE POLICY PROVISIONS. 16705 East Avenue AUTHORIZED REPRESENTATIVE of the Fountains Fountain Hills, AZ 85268 Micah Rogers/ANGELA ACORD 24 (2009/09) ©1995-2009 ACORD CORPORATION. All rights reserved. INS024 (200909) The ACORD name and logo are registered marks of ACORD AIN `1`1111�11+at is xlr�-01�1 Meeting Date: 6/20/2013 Agenda Type: Regular Staff Contact Information: Ken Buchanan Strategic Values: Not Applicable (NA) Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving License Agreement with Cox Communication, Inc. for a period of ten (10) years. Applicant: Ken Buchanan, Town Manager Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The current CoxCom license agreement effectively expired with an extension given to July 1" 2013. The agreement calls for a ten year agreement with a five percent (5%) annual fee which is estimated at $330,000 to the general fund for use and convenience of the rights-of-way of the Town of Fountain Hills. Risk Analysis (options or alternatives with implications): nla Fiscal Impact (initial and ongoing costs; budget status): $330,000 in revenue annually to General Fund Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): SUGGESTED MOTION (tor council use): Approve the CoxCom License agreement for a period beginning July 1, 2013 and ending June 30, 2023. Prepared by: NA 612012013 Page 1 of 2 Return to Agenda Director's Approval: Appr ved: %f2 )LItep Ken Buchanan, own Manager 6/20/2013 MEMORANDUMlow Return to Agenda DATE: June 20 2013 FROM: Ken Buchanan, Town Manager TO: Mayor & Town Council SUBJECT: COX COMMUNICATIONS LICENSE AGREEMENT Attached, please find a license agreement with Cox Communications for a ten (10) year period. Highlights of the new license agreement is as follows: Term. Both the Town Staff and Cox felt that the current initial term of five years was a bit too short. The Federal process for renewal allows for the process to begin 36 months prior to the end of the license term, which means that renewal discussions begin in the third year of the license. As these discussions are typically time consuming and intensive, we recommend that we not engage in the first renewal until the license has been in effect for a longer period of time. Accordingly, the proposed license calls for an initial term of ten years, with the opportunity for renewal for another ten years. We believe this term length strikes a good balance between the desire for regulatory flexibility on the Town's part and the desire for certainty on Cox's part. License Fee. Licensee shall pay to the Town a License Fee during the term of this License in an amount equal to the greater of (i) five percent (5%) of Licensee's Gross Revenues or (ii) the maximum amount permitted by the Cable Statute (which is currently set at 5%). Current annual estimate of annual revenue is $330,000 to the general fund. Standard Drop Length. Cox will agree to a standard drop length of 175 feet, rather than the 125 proposed initially. The current license defines a standard drop as anything less than 250 feet. Cox had asked for the reduction to allow it to have certainty that it can provide the proper signal strength for the newer digital signals over a standard drop; they had expressed concerns of signal degradation at distances greater than 175 feet without signal enhancements. Town staff believes the 175 foot requirement is a reasonable compromise. Government Channel. Unless required to be moved due to must -carry obligations, Cox agrees to maintain the Town's government channel on the current Channel 11 location. The license also clarifies the Town's rights under State law to maintain the education channel and up to two other government -related channels upon request. Page 1 of 2 Return to Agenda Location Drops. The density thresholds for required installation in residential and commercial areas are substantially the same as the current license. Of note is one add-on exempting Cox from the requirement of providing standard drops to locations that have rejected previously -offered free installations. Cox believes it is being financially penalized when a property owner changes his mind and later requests service be installed under the commercial density terms of the license when service was previously rejected during that time period that a larger, more cost-effective project was constructed in the area. Service Standards. The license continues to include a number of customer service standards that are provided for in Federal law. System Capacity. The current license requires a minimum capacity of 860 MHz. Since the time that the current license was negotiated, Cox has completed the build -out in Fountain Hills to provide 1,000 MHz capacity (860 MHz of which is currently in use); the agreement was amended to reflect the higher capacity (1,000 MHz) and to set the minimum use at 860 MHz. There were also provisions added to ensure that Fountain Hills receives any future build -out at the same time as it occurs elsewhere in the Phoenix Metro area. Local Business Office. In accordance with Federal law, Cox is required to maintain a local business office that is "conveniently located" and open and available to for subscriber use during "normal business hours." Unfortunately, the Federal provisions do not define either "conveniently located" or "normal business hours" in any meaningful way. Cox resisted strenuously the Staff position that the local office absolutely had to be located within the town. Staff believes that a fair number of Fountain Hills residents rely upon having a local office in town at which they can pay bills and drop off equipment. The compromise that was reached allows Cox to locate its local business office outside the town limits only on a temporary basis (not to exceed a period of six months at a time) and for a limited overall duration (no more than nine total months during the ten-year term). This language was intended to keep Cox accountable to the local residents, but also to recognize that there may be times when, due to no fault of its own, Cox is not able to quickly secure a location for a local office either independently or through a third party. Recommendation: It is a staff recommendation to approve the Cox Communications License Agreement. Page 2 of 2 COX COMMUNICATIONS ARIZONA, LLC. TOWN OF FOUNTAIN HILLS CABLE TELEVISION LICENSE AGREEMENT JULY 1, 2013 1886618.8 Return to Agenda Return to Agenda TABLE OF CONTENTS Page I. Definitions.......................................................................................................................1 2. Grant of Authority to Operate; Term..............................................................................4 3. License Fee.....................................................................................................................6 4. Town Channels...............................................................................................................7 5. Services to the Town.......................................................................................................9 6. Required Service; System Design and Capacity.............................................................9 7. Line Extension.............................................................................................................. 10 8. Service Drops................................................................................................................12 9. Construction Requirements; Maintenance Standards...................................................12 10. Emergency Service.......................................................................................................13 11. Use of Public Streets.....................................................................................................14 12. Subscriber Service Provisions.......................................................................................17 13. Inspection of Records...................................................................................................19 14. Indemnification.............................................................................................................20 15. Insurance.......................................................................................................................20 16. Letter of Credit..............................................................................................................23 17. Default; Cure; Liquidated Damages; Hearings.............................................................24 18. Effect of Expiration, Revocation, or Termination of License ......................................25 19. Transfer.........................................................................................................................25 20. Controlling Authorities.................................................................................................26 21. Licensee's Representations and Warranties..................................................................26 22. Confidentiality..............................................................................................................27 23. Miscellaneous...............................................................................................................27 Return to Agenda CABLE TELEVISION LICENSE AGREEMENT This Cable Television License Agreement (the "License") is made and entered into effective as of July 1, 2013, by and between the Town of Fountain Hills (the "Town") and Cox Communications Arizona, LLC, a Delaware limited liability company, ("Licensee") to be effective on the date set forth below. RECITALS A. The Town is authorized to grant, renew, deny, and terminate licenses for the installation, operation, and maintenance of Cable Systems (defined below) and otherwise regulate Cable Services (defined below) within the corporate limits of the Town by virtue of federal and state statutes, by the Town's police powers, by its authority over its public rights-of- way and by other Town powers and authority. B. Licensee has maintained and operated a Cable System in the Town pursuant to the Existing License (defined below). C. Concurrent with the expiration of the Existing License, Licensee and the Town desire to enter into a new license for the Licensee to provide Cable Services within the corporate limits of the Town. D. The Town has reviewed Cable Service provided in the Town, including but not limited to a review of Licensee, Licensee's record of service provided in the Town, Licensee's facilities, the cable -related needs of residents and businesses within the corporate limits of the Town for both the present and future, Licensee's ability to carry out its commitments and Licensee's overall financial, legal, and technical qualifications to hold a license from the Town. E. Based on such review, the Town hereby finds that it would serve the public interest to grant this License on the terms and conditions hereinafter set forth, and Licensee agrees to obtain the License under these conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows. 1. Definitions. For the purposes of this License, the following terms, phrases, words, abbreviations, and their derivations have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, not merely directory. All references to days are to calendar days, unless otherwise specified. Terms used herein that are not otherwise defined in this License shall have the meanings set forth in the Cable Code (defined below). 1886618.8 Return to Agenda 1.1 "Affiliate" means any Person who owns or controls, is owned by or controlled by, or is under common ownership or control with Licensee. 1.2 "Cable Act" means the Cable Communications Policy Act of 1984, as amended, including the Telecommunications Act of 1996. 1.3 "Cable Code" means Chapter 13 of the Fountain Hills Town Code, as amended from time to time. 1.4 "Cable Service" shall have the same meaning as set forth in ARIZ. REV. STAT. § 9-505, as amended from time to time. 1.5 "Cable Statute" means ARIZ. Rev. STAT §§ 9-505, et seg., as amended from time to time. 1.6 "Cable System" shall have the same meaning as set forth for "Cable Television System" in ARIZ. REV. STAT. § 9-505, as amended from time to time. 1.7 "Competitor" means any Person entering into the Public Streets for the purpose of constructing or operating a Cable System, or for the purpose of providing Cable Service or video programming service to any part of the License Area, including by means of an "open video system" (as such term is defined in the Cable Act). 1.8 "Confidential Information" means any and all technical data, materials, reports, and other information owned by or developed by, or on behalf of Licensee and/or its Affiliates, any information that relates to the Cable System, and any and all financial data and information relating to Licensee's business, that Licensee identifies as confidential and discloses in writing, orally, visually, or through some other media, or that the Town learns or obtains through observation, analysis, compilation, or other study of such information, data, or knowledge, except any portion thereof that (A) is known to the Town at the time of the disclosure, as evidenced by its written records and was not acquired by the Town on a confidential basis; (B) is disclosed to the Town by a third party having a right to make such disclosure; (C) becomes published, or otherwise publicly known through no fault of the Town; (D) is independently developed by or for the Town without use of Confidential Information disclosed hereunder as evidenced by its written records; or (E) is subject to disclosure pursuant to applicable law. 1.9 "Education Channel" means a channel on the Cable System used by the Town or a public school district for non-commercial informational programing regarding educational activities and programs, as more particularly described in Section 4.2 of this License. The Educational Channel may also be referred to as a PEG channel in the Cable Code. 1.10 "Existing License" means the Second Amended and Restated License Agreement dated May 1, 2007, by and between CoxCom, Inc. and the Town of Fountain Hills, which would have expired by its original terms at 11:59 PM on April 30, 2103, but was extended by the parties on certain terms and conditions through 11:59 PM on July 31, 2013 or, if earlier, 11:59 PM on the day immediately preceding the Effective Date of this License (defined below). 1886618.8 Return to Agenda 1.11 "FCC" means the United States Federal Communications Commission, or its successor entity having jurisdiction with respect to any matters affecting construction or operation of the Cable System. 1.12 "Government Channel" means a channel on the Cable System used by the Town for non-commercial informational programming regarding governmental activities and programing, as more particularly described in Section 4.1 of this License. 1.13 "Gross Revenues" shall have the same meaning as set forth in ARIZ. REV. STAT. § 9-505, as amended from time to time. 1.14 "License Area" means the current incorporated boundaries of the Town and any future annexed area. 1.15 "License Fee" means a fee charged by the Town for the privilege of operating a Cable System within the corporate limits of the Town, as more particularly described in Section 3 of this License. 1.16 "MDU" means any adjacent multi -dwelling units and/or building(s), such as apartments under common ownership containing more than four dwelling units used as living quarters. 1.17 "Normal Business Hours" means those hours during which most similar businesses in the community are open to serve Subscribers, but shall not be less than 9:00 a.m. to 5:00 p.m., Monday through Saturday. 1.18 "Normal Operating Conditions" means those service conditions that are within Licensee's control including, but not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. Those conditions that are not within Licensee's control include, but are not limited to, natural disasters, civil disturbances, utility company power outages, telephone network outages, and severe or unusual weather conditions. 1.19 "Person" means an individual, partnership, association, joint stock company, trust, corporation, limited liability company or governmental entity, but specifically does not include the Town. 1.20 "Public Safety Channel" means a channel on the Cable System for downstream use by the Town public safety departments, with a signal that may only be received by specially equipped converters installed at each municipal fire and law enforcement facility located within the corporate limits of the Town. 1.21 "Public Street" means only a street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, right-of-way, parking area or drive that is owned by a public entity in fee or as to which a public easement has been dedicated for street purposes, and with respect to which, and to the extent that, Town has a right to grant the use of the surface of, and space above and below in connection with this License for the Cable System, or other compatible uses; provided, however, a requirement that Licensee also obtain a permit from another 1886618.8 Return to Agenda government agency or entity to use of street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, right-of-way, parking area or drive does not mean that such street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, right-of-way, or drive is not a Public Street. 1.22 "Standard DrpR" means a cable connection that requires no more than a 175 -foot drop measured from the nearest point of a Subscriber's home or place of business to the nearest existing Technically Feasible Point of Connection on the Cable System from which an individual Subscriber can be connected to the Cable System. A Standard Drop involves only one outlet and standard material. In a drop 175 feet long or less, standard material includes any electronics necessary to provide a sufficient signal to one outlet. A Standard Drop does not include the following (the cost of which may be assessed directly to the Subscriber): (A) a wall fish; or (B) custom installation work, including specific Subscriber -requested work that requires non-standard materials or cable routing that requires construction methods exceeding reasonable underground or aerial work. For a drop more than 175 feet long, Section 8.2 applies. 1.23 "Subscriber" shall have the meaning as set forth in the Cable Code. 1.24 "Subscriber Complaint" means any written or oral complaint by a Subscriber to the Town that the Subscriber did not receive the Cable Service that the Subscriber requested consistent with the requirements of this License. 1.25 "Technically Feasible Point of Connection" means a point in the Cable System where, in the reasonable technical discretion of Licensee, connection of a drop can be made to the Cable System without unreasonable expense or network modification. 1.26 "Town Building" means a building that is (A) occupied or owned by the Town (B) used for municipal purposes. 1.27 "Town Channels" means the Government Channel(s), the Education Channel and the Public Safety Channel. 1.28 "Town Council" means the present governing body of the Town or any future body constituting the legislative body of the Town. 1.29 "Town Manager" means the Fountain Hills Town Manager or the Town Manager's authorized designee. 2. Grant of Authority to Operate; Term. 2.1 Grant of Authority. The Town hereby grants to Licensee the right and authority to operate a Cable System in the Town and for that purpose to erect, install, solicit, construct, repair, replace, rebuild, reconstruct, maintain, and retain in, on, over, upon, across, and along any Public Streets such wires, cable fiber optics, conductors, ducts, conduit, vaults, manholes, pedestals, amplifiers, appliances, attachments, power supplies, network reliability units, existing poles (subject to the limitations in this License) and other property or equipment as may be necessary or appurtenant to the Cable System; and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other Persons, including but not 1886618.8 4 Return to Agenda limited to any public utility or other entity licensed or permitted to do business in the Town. Nothing in this License shall be construed to prohibit Licensee from offering any service over its Cable System that is not prohibited by federal or state law so long as (A) the service can be provided without installing wires, fiber optic cables, conductors, ducts, conduit, vaults, manholes, pedestals, amplifiers, appliances, attachments, power supplies, network reliability units, and other property or equipment that are not used in connection with the Cable System, as it may be expanded or modified from time to time, and (B) no new above -ground poles are required for such service. 2.2 Limitations. A. Non -Exclusive Use. Licensee's right to use and occupy the Public Streets in the Town for the purposes set forth in this License shall not be exclusive. However, the Town agrees not to allow any Competitor to enter into the Public Streets for the purpose of constructing or operating a Cable System, or for the purpose of providing Cable Service or video programming service to any part of the License Area, including by means of an "open video system" (as such term is defined in the Cable Act), without first obtaining a permit, license, authorization, or other agreement from the Town or such other governmental entity then entitled to grant such permit, license, authorization, or other agreement. B. Limited Transferability. The authority granted hereunder shall not be transferred or assigned other than as set forth herein. C. Paramount Rights. The authority granted hereunder is subject to the paramount right of use of the Public Streets and public rights-of-way by the Town and the public for public purposes. The Town Council reserves the right to authorize use of the Public Streets and public rights-of-way to other Persons as it deems appropriate. 2.3 Prior Occupancy. Any privilege claimed under this License by Licensee in any Public Street or other public property is subordinate to any (A) prior or subsequent lawful occupancy or use thereof by the Town or any other governmental entity, (B) prior lawful occupancy or use thereof by any other Person, and (C) prior easements therein; provided, however, that nothing herein extinguishes or otherwise interferes with property rights established independently of this License. 2.4 Term. This grant of authority runs for a term of ten years, effective at midnight on July 1, 2013 (the "Effective Date"), and ending at 11:59 p.m. on June 30, 2023 (the "Initial Term"), unless terminated as otherwise provided pursuant to the terms and conditions of this License. After the expiration of the Initial Term, this License may be renewed for one additional ten-year term (the "Renewal Term") if (A) at least 90 days prior to the end of the Initial Term of the License, the Licensee requests, in writing, to extend the License for one additional ten-year term and (B) the Town approves the additional ten-year term in writing, as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. If Licensee does not seek a renewal of this License, the License shall terminate at the end of the Initial Term; provided, however, that the Town may, at its discretion and with the agreement of the Licensee, elect to waive this requirement and renew this License. 1886618.8 Return to Agenda The Initial Term and the Renewal Term are collectively referred to herein as the "Tenn." Upon renewal, the terms and conditions of this License shall remain in full force and effect. Notwithstanding the foregoing, Licensee reserves the right to renew the License under applicable federal and state law, including 47 U.S.C. § 546. 3. License Fee. 3.1 License Fee. Licensee shall pay to the Town a License Fee during the term of this License in an amount equal to the greater of (i) five percent (5%) of Licensee's Gross Revenues or (ii) the maximum amount permitted by the Cable Statute. 3.2 Offsets. Licensee is entitled to offset against License Fees due to the Town the following: A. Transaction Privilege Taxes. Any amounts Licensee paid to the Town during the prior quarter in privilege license taxes; provided, however, that Licensee is not entitled to offset to the extent that Licensee made payments of privilege license taxes on any gross income (within the meaning of the Town's privilege license tax code) that is not included in Gross Revenues. B. Excessive Road Repair. Any amounts Licensee paid during the prior quarter for repair, renovation, restoration, or reconstruction to comply with any requirements of the Town that exceed the repair and restoration requirements set forth in Section 11.7 of this License. C. Permits. To the extent allowed to be offset against the License Fee under the Cable Statute, any amounts Licensee paid to the Town during the prior quarter for right-of-way management fees, construction permit, permit design fee, building permit fees, encroachment permit fees, inspection fees, zoning review fees and any other fees that Town imposes, under Town Code requirements or otherwise, on Licensee's construction activities in the Public Streets; provided, however, that nothing in this Subsection shall allow for offset for any fees or costs charged or incurred for repair or restoration pursuant to the requirements of Section 11.7 of this License. 3.3 Payment of License Fees. The payment of the License Fee shall be made quarterly by delivery to the Town Manager on or before the 30th day of the month following the end of each calendar quarter. Each License Fee payment shall be accompanied by a written report to the Town, verified by an authorized Licensee representative, containing an accurate statement in summarized form of Licensee's Gross Revenues and the computation of the payment amount under Sections 3.1 and 3.2 above. 3.4 Interest. If License Fees are not paid in accordance with Section 3.3 above, the Town may impose interest at a rate equal to the annual base rate of interest published in the Wall Street Journal (Western Edition) from time to time as the "prime rate" (or such other similar publication as Town may choose if the Wall Street Journal (Western Edition) ceases to publish such rate) plus one percent commencing from the date payment should have been made in accordance with Section 3.3 above and continuing until the payment is made. 1886618.8 6 Return to Agenda 3.5 License Fee Audit. A. Records Inspection. Upon written notice to Licensee, the Town may inspect Licensee's records of Gross Revenues, and the Town and Licensee each have the right to audit and to recompute any amounts determined to be payable under this License; provided, however, that such audit must take place within 36 months following the close of Licensee's fiscal year for which the audit is desired. B. Report; Deficiencies. Upon completion of an audit, the Town shall provide Licensee with written notice including a copy of the audit report and setting forth any additional amounts due to the Town identified in the audit. Licensee shall pay any deficiency within 30 days following such written notice; provided, however, that Licensee will not be required to pay such deficiency until 30 days after completion of the administrative hearing process if Licensee commences such process pursuant to Section 17.3. If there is a deficiency in the payment of License Fees to the Town of ten percent or more, the Town may assess the cost of the audit to Licensee. C. Overpayments. Licensee may recover overpayment(s) of License Fees by taking credits of up to 100% of each subsequent quarterly License Fee payment due to the Town until Licensee has recouped the full amount of the overpayment, without interest. D. Contesting an Audit. Within 15 days after notice from Licensee that it contests an audit determination of License Fees under Subsection 3.5(B), the Town Manager shall schedule an administrative hearing in accordance with the procedures set forth in Subsection 13-9(F) of the Cable Code. This shall be a public hearing, and Licensee shall be afforded full due process of law, including, without limitation, an opportunity to be heard, to present evidence, and to subpoena and cross examine witnesses. Within 15 days after the conclusion of such hearing, the Town Manager or authorized designee shall issue a determination, and his determination shall be final; there shall be no right to a hearing before the Council relating to an audit contest under this Subsection 4. Town Channels. 4.1 Government Channel. Licensee shall continue to provide, at no charge to the Town, one channel on the basic tier of the Cable System designated as a Government Channel, to be used by Town government officials and agencies. Additionally, upon request of the Town, Licensee shall make available to the Town, at no charge, up to two channels in the digital programming tier for use by the Town for non-commercial, informational programming regarding government activities and programs; at least one such digital tier channel may be programmed by the Federal Government. The Government Channel is for use by the Town for non-commercial, informational programming regarding government activities and programs; provided, however, that programming for such Government Channel may be created by other governmental and educational entities. 1886618.8 Return to Agenda 4.2 Education Channel. Licensee shall continue to make available, at no cost to the Town, one channel on basic tier of the Cable System designated as an Education Channel. The Education Channel shall be used by the Town for non-commercial, informational programming regarding educational activities and programs; provided, however, that programming for such Education Channel may be created by other governmental and educational entities. 4.3 Public Safety Channel. Within 120 days of written request by the Town, Licensee shall make available, at no cost to the Town, one Public Safety Channel for downstream use by the Town fire and law enforcement departments. At no cost to the Town, Licensee shall secure the audio and video portions of the signal delivered over the channel so that the signal may only be received by specially equipped converters installed at each municipal fire and law enforcement facility located within the corporate limits of the Town. The Town shall provide, at its expense, all other equipment and facilities necessary for operation of the Public Safety Channel. The Licensee and the Town shall annually review the use of the Public Safety Channel and, upon mutual agreement between the Licensee and the Town, the Town may relinquish the Public Safety Channel to the Licensee for use as the Licensee sees fit. The Public Service Channel shall count as a Government Channel for purposes of the two -channel limit in Section 4.1. 4.4 Point of Origin; Location of Channels. The Town Channels shall each originate from a studio designated by the Town within the corporate limits of the Town. Licensee shall provide the connection to the Cable System necessary for each of the Town Channels to originate from this location at no cost to the Town. If the Town elects to relocate the point of origination for any of the Town Channels, the Town shall bear the entire cost of such relocation. Subject to the tier limitations set forth in Section 4.1 above, Licensee may, in its sole discretion, determine the channel location of the Town Channels and the method for delivering these channels over the Cable System; provided, however that, except where Licensee's must - carry obligation under federal law or regulation requires Licensee to carry a broadcast signal on Channel 11, the Town's existing Government Channel shall not be changed from its current location (Channel 11) during the term of this License without the permission of the Town granted or withheld in its sole discretion. 4.5 Maintenance of Equipment. Licensee shall provide at no charge to the Town prompt and regular periodic maintenance and replacement of any cables, amplifiers, and other distribution equipment owned by Licensee and used for the Town Channels. The Town shall provide and operate and maintain at its expense all other equipment and facilities necessary for operation of the Town Channels. 4.6 Downstream Programming from Another City or Town. If the Town elects to receive downstream programming from another city or town, the Town shall pay all costs incurred by Licensee in providing for the Town to receive such programming. The Town must obtain the necessary consents from the city or town that originated the programming before Licensee takes any steps to provide the Town with such programming. 4.7 Unused Capacity. Licensee and the Town will annually review the use of the Town Channels and, upon mutual agreement between Licensee and the Town and an 18866[8.8 Return to Agenda amendment to this License approved by the Town Council, the Town may relinquish one or more of the Town Channels to Licensee for use as Licensee sees fit. Once relinquished by the Town, Licensee may utilize unused Government Channel, Education Channel, or Public Safety Channel capacity for any purpose agreed to in the License amendment between the Licensee and the Town. 4.8 Restriction on Use. Neither party may permit promotions, endorsements or advertising for any private business, commercial service or product, or profit-making activity to be carried on a Town Channel for as long as the Town has not relinquished the channel to Licensee under Section 4.7. Solicitations for charitable, civic or religious donations are also precluded. Services to the Town. 5.1 Service to Town Buildings. Upon written request from the Town Manager, Licensee shall provide, at no charge to the Town, Licensee's Basic tier of service to the Town Buildings identified in the Town Manager's request. 5.2 Drops to Town Buildings. If making service (including a connection capable of providing internet and telephone service, which service shall be at the Town's expense) available to a Town Building requires no more than a Standard Drop, Licensee shall make service available without charge to Town Buildings. If making service available to a Town Building requires more than a Standard Drop, Licensee will not be required to make such service available unless the Town entity requesting such service pays to Licensee an amount equal to the actual, reasonable labor and material costs incurred by Licensee for the additional facilities and work, less Licensee's cost for a Standard Drop. Absent a showing by Licensee to the Town Manager of unusual circumstances, which include without limitation street crossings or plant extensions, any Standard Drop to any Town Buildings shall be accomplished within ten days of the written request for service. 6. Required Service; System Design and Capacity. 6.1 System Design. The Cable System, as installed, uses a hybrid fiber optic/coaxial cable network. The Cable System is built so that fiber is provided to all neighborhood nodes. Extending from each optic site is radio frequency coaxial cable. 6.2 System Capacity. The channel capacity of the Cable System is expandable as future needs arise. On July 1, 2013, the Cable System has a capacity of 1,000 MHz available for signal transmission on the Cable System, and Licensee shall use no less than 860 MHz of this capacity to operate the Cable System. Licensee shall maintain a minimum capacity of 1,000 MHz available for signal transmission on the Cable System within the corporate limits of the Town at all times during the Term of this License. If Licensee provides to Subscribers in the greater Phoenix metropolitan area (A) system capacity in excess of 1,000 MHz or (B) products or services not then offered in the Town, Licensee will expand its Cable System to provide such additional system capacity and/or will offer such new products or services in the Town no later than two years after Licensee provides such system capacity and/or 1ase6iss 9 Return to Agenda offers such products or services to an aggregate of 75,000 or more Subscribers in the greater Phoenix metropolitan area. 6.3 System Expansion. Conduit of sufficient capacity to accommodate future growth will be used for all new undergrounding, except Subscriber drops. There shall be standby power at each node. The technical performance of the Cable System shall meet or exceed FCC requirements for delivery quality of signals passed to Subscribers. The Licensee shall meet all required FCC technical standards. 7. Line Extension. 7.1 Residential Service. Licensee shall extend its Cable System to make its Cable Service available to serve all dwelling units within the Town as contemplated in this Section 7.1. Each unit in an MDU shall be counted as a dwelling unit in determining the residential density of an area, provided that a mutually acceptable agreement granting Licensee reasonable access to the MDU has been executed and delivered. Licensee is not required to make service available to residents of an MDU where the owner of the property has not granted Licensee reasonable access to the property. A. Extensions Meeting Minimum Density. When requested by a resident or developer in the Town, Licensee shall, at Licensee's sole expense, extend the Cable System to any single family residence or dwelling within the Town, provided that such extension involves density of 30 existing homes per cable plant mile measured from the nearest Technically Feasible Point of Connection on the Cable System, as determined by Licensee in its reasonable discretion. B. Extensions Outside Minimum Density Areas. When a resident or developer in the Town requests an extension of service to an area that does not meet the minimum density set forth in Subsection 7.I(A) above, Licensee must comply with such request only if the resident or developer agrees to pay to Licensee an amount equal to all incremental costs incurred beyond those for an extension otherwise involving a density of 30 existing homes per mile. The incremental costs to be paid will be Licensee's costs (reasonable labor and materials) of extending the Cable System consistently with Licensee's overall system design to the residence, or to and throughout the development, from the nearest Technically Feasible Point of Connection on the Cable System, as determined by Licensee in its reasonable discretion. The costs will include splicing in one or more taps and extending cable. C. Developer Option for Connection. Where there is a request by a developer for an extension to a development that does not meet the minimum density set forth in Subsection 7.1(A) above, and where, instead of proceeding under Subsection 7.1(B) above, the developer agrees to pay Licensee's full costs (reasonable labor and materials) of extending the Cable System from the nearest Technically Feasible Point of Connection on the Cable System to the nearest Public Street access to the development, Licensee shall then extend the Cable System within the development, at Licensee's sole cost, if it has a density of 30 existing homes per mile measured from the nearest Public 1886618.8 10 Return to Agenda Street access to the development to which the developer elected to pay to have the Cable System extended. D. Time for Extension. Absent a showing by Licensee to the Town Manager of circumstances beyond Licensee's reasonable control, an extension of service pursuant to Subsections 7.1(A) - (C) above must be accomplished within 120 days after the developer or resident's written request. E. Subsequent Construction. To prevent unnecessary disruption and damage to Public Streets, rights-of-way, and other property, the installation of Cable System must be accomplished in new subdivisions at the same time, and in the same trench as other communications, electric, and other permanent services to structures. 7.2 Commercial and Industrial Service. Licensee shall make Cable Services available to commercial and industrial establishments as set forth below. Licensee will not be required to make service available to commercial and industrial establishments where the owner of the property has not granted Licensee reasonable access to the property. A. Extensions Meeting Minimum Density. When requested by the owner of a commercial or industrial establishment within the corporate limits of the Town, Licensee shall, at Licensee's sole expense, extend the Cable System to any commercial or industrial establishment within the Town, provided that such extension involves density of 30 hook-ups per cable plant mile measured from the nearest Technically Feasible Point of Connection on the Cable System, determined by Licensee in its reasonable discretion. B. Extensions Outside Minimum Density Areas. When the owner of a commercial or industrial establishment within the corporate limits of the Town requests an extension of service to an area that does not meet the minimum density set forth in Subsection 7.2(A), Licensee shall be required to comply with such request only if the owner agrees to pay to Licensee an amount equal to all incremental costs incurred beyond those for an extension otherwise involving a density of 30 hook-ups per cable plant mile. The incremental costs to be paid will be Licensee's costs (reasonable labor and materials) of extending the Cable System consistently with Licensee's overall system design to the establishment from the nearest Technically Feasible Point of Connection on the Cable System, as determined by Licensee in its reasonable discretion. The costs will include splicing in one or more taps and extending cable. C. Prior Offer. Licensee is not required to extend service under Subsections 7.2(A) or (B) above if Licensee previously offered to extend service to the premises on a complementary basis and an occupant or owner of the premises did not accept the offer. D. Time for Extension. Absent a showing by Licensee to the Town Manager of circumstances beyond Licensee's reasonable control an extension of service pursuant to Subsections 7.2(A) or (B) above shall be accomplished within 120 days after 1886618.8 Return to Agenda the owner's execution of any necessary easement documents and/or capital contribution agreements. 8. Service Drops. 8.1 Standard Drop. Licensee shall make Cable Service available to any single family residence, MDU, commercial establishment or industrial establishment within the Town at the standard connection charge if the connection requires a Standard Drop. 8.2 Non -Standard Drop. If making Cable Service available requires more than a Standard Drop, Licensee will not be required to make such Cable Service available unless the Person requesting such Cable Service pays to Licensee the standard connection charge and an amount equal to the reasonable, actual labor and material costs incurred by Licensee for the additional facilities and work beyond a Standard Drop at Subscriber's location. 8.3 Bulk Billing. Licensee may offer bulk billing service, but may not require a bulk billing agreement as a condition of providing service, when the Person requesting service pays to Licensee the applicable amount(s) set forth in Section 8.2 above. 8.4 Timing. A. Residential Service. Absent a showing by Licensee to the Town Manager of unusual circumstances, including without limitation, unusual Public Street crossings, (l) any Standard Drop to a single family residence or MDU for which the owner has granted Licensee reasonable access shall be accomplished within seven days of the request for service and (2) any drop that is not a Standard Drop shall be accomplished within 20 days of such request. When a drop requires a line extension to a residence, the extension shall be accomplished in the time provided in Subsection 7.1(D) above. B. Commercial and Industrial Service. Absent a showing by Licensee to the Town Manager of unusual circumstances, including without limitation, unusual Public Street crossings, (1) any Standard Drop to a commercial establishment shall be accomplished within ten days after the owner of such commercial establishment executes any necessary easement documents and capital contribution agreements, and (2) any commercial drop that is not a Standard Drop shall be accomplished within 20 days after the owner's execution of any necessary easement documents and/or capital contribution agreements. When a drop requires a line extension to a commercial establishment, the extension shall be accomplished in the time provided in Subsection 7.2(C) above. 9. Construction Requirements; Maintenance Standards. Licensee shall put, keep, and maintain all parts of its Cable System in good condition throughout the entire Term of this License. In addition to those requirements contained in the Cable Code, Licensee shall conform to the following minimum standards relative to the construction, operation, and maintenance of its Cable System within the corporate limits of the Town. It is not the intent of this Section 9 to prevent Licensee from providing more than the required minimum to meet the standards set forth in this License. 18866188 12 Return to Agenda 9.1 Construction and Technical Standards. A. Federal Standards. Licensee shall construct, install, operate, and maintain its system in a manner such that it operates at all times consistent with all laws, the construction standards of the Town, and the FCC Rules and Regulations, Part 76 Subpart K (Technical Standards), and any other applicable State or Federal law, regulation or standard, all as amended from time to time. In addition, the Town may at any time conduct independent measurements of the Cable System. B. Professional Standards, Local Codes. Construction, installation, and maintenance of a Cable System shall be performed in an orderly and professional manner. All cables and wires shall be installed, where possible, parallel with and in a manner similar to the installation of electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. Installations shall be in conformance with all applicable codes. Licensee must at all times comply with applicable sections of: (1) National Electrical Safety Code (ANSI)C2-1990, including any adopted Town amendments thereto; (2) National Electrical Code (National Bureau of Fire Underwriters), including any adopted Town amendments thereto; (3) The most recent version of the International Building Code as may be adopted and amended by the Town, together with applicable portions of all other Uniform Codes, as may be adopted, amended or supplemented by the Town, promulgated by the Intemational Conference of Building Officials; (4) Town Zoning Code and Subdivision Regulations, all as from time to time amended and revised, and all other applicable rules and regulations now in effect or hereinafter adopted by the Town; and (5) The Maricopa Association of Govemments Uniform Standard Specifications for Public Works Construction, including the latest Town supplement thereto. 9.2 Utility Locating System. Licensee shall participate in the regional one - call utility locating system (Blue Stake) at no cost or offset to the Town. 9.3 Resident Notification of Construction Activity Required. Licensee shall provide reasonable advance notice to all affected residents before system construction crews enter the right-of-way adjacent to their property; provided that Licensee shall not be required to provide such notice in emergencies or for normal system repair and maintenance work. 10. Emergency Service. In accordance with the provisions of FCC Rules and Regulations Part 11, Subpart D, Section 11.51(h)(1), as they may from time to time be amended, Licensee shall install and maintain an Emergency Alert System and shall transmit all Emergency Act Notifications and Emergency Act Terminations relating to local and state-wide situations as 1886618.8 13 Return to Agenda may be designated to be an emergency by the Local Primary, the State Primary and/or the State Emergency Operations Center, as those authorities are identified and defined within FCC Rules and Regulations, Part 11, as amended from time to time. ll. Use of Public Streets. 11.1 Location of Licensee's Property. Any poles, wires, cable lines, conduits, or other properties of Licensee to be constructed or installed in Public Streets shall be so constructed or installed only at such locations and in such manner approved by the Town consistent with the Town's technical and permitting regulations. Licensee or its authorized contractors will obtain any required permits before any physical work is done in the Town's rights-of-way or on Town -owned property. 11.2 Undergrounding. A. Town Under rog unding Regulations. Unless otherwise provided in this License, all new Licensee facilities in the Public Streets or in any public or private easement shall be located underground in accordance with the applicable Town codes, ordinances and regulations, as they may be amended from time to time. Nothing contained in this Section requires Licensee to construct, operate, and maintain underground any ground -mounted appurtenances such as Subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, stand-by and other power supplies, network reliability units, pedestals, or other related equipment. Licensee may utilize, when granted the owner's permission, existing conduits whenever feasible. Underground street, sidewalk, and driveway crossings not using existing conduits shall be bored unless specific approval is granted in advance by the Town. B. Pole Mounts. No underground facilities may be moved to poles. Licensee may not install any new poles. Licensee may install cable on existing poles of electric or telephone providers only upon a showing that installation underground at that location is not commercially feasible. Licensee's existing overhead facilities may remain on poles and Licensee's aerial facilities shall be placed underground, according to the requirements set forth below: (1) On streets where electrical and telephone utility wiring are located underground, either at the time of initial construction or subsequently, any newly placed cable must also be located underground, in conduit, at Licensee's expense. Where aerial facilities of other utilities in the same span are placed underground at the cost of such other utility, Licensee shall concurrently (or earlier) place its existing aerial facilities underground at its own expense. (2) Where aerial facilities of other utilities in the same span are placed underground at the cost of the Town or a third party, such as a developer, Licensee shall concurrently (or earlier) place its existing overhead facilities underground only if (a) the cost of such undergrounding is paid by the Town or such third party and (b) Licensee receives timely notification of the undergrounding of such other utility lines and opportunity to participate in joint 1886613.8 14 Return to Agenda trench with such other utility(ies). In the event that Licensee is not notified and given reasonable opportunity to participate in a joint trench with other utility(ies), Licensee will not be required to place its facilities underground at a later date unless the cost of such undergrounding in excess of the cost to participate in the joint trench is borne by the entity charged with providing Licensee notice of the joint trench opportunity. C. Notice of Developments. The Town shall include, as part of its subdivision/infrastructure improvement permit process, a requirement that the developer provide Licensee with notice of the issuance of building or development permits for planned commercial/residential developments within the Town requiring undergrounding of cable facilities. The Town shall require as a condition of issuing any permit for open trenching to any utility or developer, that the utility or developer give Licensee reasonable access to open trenches for deployment of cable facilities and written notice of the date of availability of trenches. Such notice must be received by Licensee at least ten business days before availability. D. Conduit Required. All new underground wires or cable, except drops not in Public Streets, placed by Licensee after the Effective Date of this License shall be placed in conduit. 11.3 Emergency Work. The Town reserves the right to move any portion of Licensee's equipment and, facilities as may be required in any emergency as determined by the Town without liability for interruption of Cable Service. However, before taking any action pursuant to this Section, the Town shall provide, whenever feasible, reasonable notice to Licensee of the emergency to allow Licensee the opportunity to protect and repair Licensee's facilities involved in the emergency. 11.4 Temporary Removal for Building Improvements. Licensee, on the written request of any Person holding a building moving permit issued by the Town, shall temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising, or lowering of wires shall be paid to Licensee by the Person requesting the same, and Licensee shall have the authority to require such payment in advance. Licensee shall be given not less than ten days advance notice to arrange for such temporary wire changes. 11.5 Changes Required by Public Improvements. Licensee shall from time to time protect, support, temporarily dislocate, temporarily or permanently, as may be required, remove or relocate, any facilities installed, used, or maintained under this License, if and when (A) made necessary by any change of grade, alignment, or width of any Public Street, by the Town or (B) made necessary by any Town improvement or alteration in, under, on, upon, or about any Public Street, when such improvement or alteration is being conducted by the Town for a governmental purpose or is made necessary by traffic conditions, public safety, Public Street vacation, or any other public project or purpose by the Town. Such removal or relocation shall be paid for by Licensee; provided, however, that Licensee shall have substantially the same obligations with respect to the cost of such relocation as all other users of the public rights-of-way. If any portion of the removal or relocation costs of other users of the public rights-of-way is being borne by a third party, the Town will use its best efforts to work with 1886618.8 15 Return to Agenda Licensee and such third party to ensure that the third party bears the cost of removal or relocation of Licensee's facilities to the same extent that it is covering such costs of removal or relocation of the facilities of other users of the right-of-way. 11.6 Notification to Licensee. In an effort to alert Licensee to all potential areas where Licensee's facilities may be installed, the Town shall include Licensee as a "check- off' participant in the permitting process and on all relevant permits or other forms that will provide developers or contractors with notice to contact Licensee and provide Licensee the opportunity to participate in joint trench or joint facility placement opportunities. 11.7 Street Repair. if Licensee causes damage to pavement, sidewalks, driveways, landscaping, or other property during construction, installation, or repair of its facilities, Licensee or its authorized agent shall replace and restore such places as nearly as may be possible to the condition that existed before the damage occurred. All repair and restoration necessary to meet the requirements set forth in this Section shall be at Licensee's expense and in a manner acceptable to the Town, in accordance with Sections 7-1-1 and 16-1-18 of the Town Code, as amended. 11.8 Permitting. A. Changes After Issuance. For all permits applied for by Licensee, the Town agrees to act timely and in any event in accordance with any timelines established by the Town for permit issuance. Where Licensee identifies changes after the issuance of a permit and during construction, Licensee shall apply for a permit revision as required by Town guidelines; provided, however, that upon the approval of the Town inspector Licensee may continue construction while waiting for approval of the revised permit. B. Prioritized Permits. To facilitate coordination with the Town on review, prioritizing and issuance of permits, and any payments therefore, Licensee shall apply for and process permits through a centralized office of Licensee established for that purpose. When this office identifies to the Town a non -emergency but atypically time - sensitive permit that requires processing and issuance more expeditiously than under Town's customary timelines, Town agrees to use reasonable efforts to review and issue the permit within the time frame requested by Licensee. C. Annual Maintenance Pen -nit. Automatically, upon the Effective Date of this License the Town shall grant to Licensee a maintenance permit for a period of one year. This maintenance permit shall cover Licensee's access to its existing facilities within the License Area for the performance of work by Licensee where no excavation is involved. Work covered by this annual maintenance pen -nit would include, but not be limited to, splicing in existing vaults, access to aerial facilities including maintenance, repair, replacement of existing cable, aerial splicing, and the placement of new aerial cable and strand in accordance with the terms of this License. While performing work under this maintenance permit, Licensee shall comply with all requirements of the Town regarding traffic control, notice to the Town, and related 1886618.8 16 Return to Agenda matters. This annual maintenance permit shall be automatically renewed on each anniversary of the Effective Date of this License. D. Emergency Work Permit. Automatically, upon the Effective Date of this License the Town shall grant to Licensee an emergency permit covering Licensee's access to its existing facilities within the License Area in order to perform work necessary for the repair of major outages affecting Cable Services. While performing work under this emergency permit, Licensee shall comply with all requirements of the Town regarding traffic control, notice to the Town, and related matters. This emergency permit shall be automatically renewed on each anniversary of the Effective Date of this License. 12. Subscriber Service Provisions. 12.1 Subscriber Service Standards. Licensee shall at all times satisfy FCC customer service standards, including but not limited to 47 C.F.R., Part 76, Subpart H, as amended from time to time by the FCC. As to the standards set forth in this Section 12, Licensee's execution and acceptance of this License shall constitute a waiver of any notice requirements set forth in 47 C.F.R. § 76.309. In the event that such customer service standards are eliminated by the FCC, the last FCC -adopted standards existing immediately prior to such elimination shall be deemed to be incorporated herein by reference and shall be the governing standards for the remainder of the Term. In addition to the applicable FCC standards, the Licensee shall adhere to the following service standards: A. Caller Hold Limitations. No caller should be left on hold more than 60 seconds without being informed of the status of the call. B. Busy Signals. Under Normal Operating Conditions, the Subscribers wiI l receive a busy signal less than three percent of the time. C. Survey Equipment. Licensee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of compliance indicates a clear failure to comply. D. Notice of Customer Service Default. In the event Licensee is in violation of any provision of this Section 12.1, the Town shall promptly give Licensee written notice of the violation. The Licensee shall, within 30 days of receipt of such written notice from the Town: (1) Respond to the Town in writing, contesting the Town's assertion of a violation and providing such information or documentation as may be necessary to support the Licensee's position; or (2) Cure such violation within 30 days (and provide written notice of the cure to the Town) or, in the event that the nature of the violation is such that it cannot be cured within 30 days, take reasonable steps to cure such violation and diligently continue such efforts until such violation is cured (and isst�siss 17 Return to Agenda provide written notice of the cure to the Town), but in no event later than 60 days following notice from the Town. E. Hearings on Default. In the event that Licensee contests the Town's assertion of violation, fails to respond to the Town's notice of violation, or fails to take reasonable steps to cure a violation which cannot be cured within 30 days, the Town may proceed with hearings in accordance with Sections 13-9 and 13-10 of the Cable Code and to adopt improvements to the Customer Service Standards set forth herein. 12.2 Billing Practices. Licensee shall bill all Subscribers to its Cable System in a uniform manner, regardless of a Subscriber's level of service. In no case may any Subscriber be billed for service more than 30 days before receipt of such service. Payment may be due no sooner than the 15th day of each billing period, and the due date shall be listed on each bill. Bills shall be mailed no later than the first day of the billing period. 12.3 Subscriber Complaint Procedures. Licensee shall comply with the following Subscriber Complaint procedures. A. Complaint Response. Licensee shall ensure that all Subscribers have recourse to a satisfactory process to submit complaints. Licensee shall respond to all Subscriber Complaints within a reasonable time, but in no event later than 30 days. Licensee shall follow a written internal appeal procedure for disputes over Subscriber Complaints. B. Complaint Loe. Licensee shall establish and maintain a written log listing all Subscriber Complaints. The written log shall include the name and telephone number, if given, of the Subscriber making the complaint and Licensee's action on the complaint. The log shall be maintained by Licensee for three years and, to the extent permitted by federal law, shall be available to the Town Manager and the public for inspection upon request during Licensee's Normal Business Hours. C. Disclosure of Complaint Log Details. Licensee shall provide, in writing, upon request of the Town Manager, details from its written log relating to any Subscriber Complaint. 12.4 Subscriber Solicitation Procedures. A. Personnel Identification. All Licensee personnel, agents, and representatives, including subcontractors, shall wear a cable uniform or clearly display a photo -identification badge when acting on behalf of Licensee in the Town. B. Right of Rescission. Licensee shall afford each Subscriber of the Cable System a three-day right of rescission for ordering installation of Cable Service from the Cable System provided that such right of rescission will end when physical installation of Cable System equipment on such Subscriber's premises begins. 1886618.8 18 Return to Agenda 12.5 Disconnection and Termination of Cable Services. Licensee shall only disconnect or terminate a Subscriber's Cable Service for good and just cause. In no event may Licensee disconnect Cable Service for nonpayment without prior written notification to the affected Subscriber at least seven days before such disconnection or termination. In no event may such disconnection or termination for nonpayment occur in less than 30 days after a Subscriber's failure to pay a bill when due. If Licensee improperly discontinues Cable Service to any such Subscriber, upon request it shall provide free reconnection to the Cable System to such Subscriber. 12.6 Rights of Individuals. Licensee shall not deny Cable Service, deny access, or otherwise discriminate against Subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, sex, age, or disability; provided, however, that Licensee may not be required to provide Cable Services to any Person who does not pay the applicable line extension connection fee, fees for drops in excess of Standard Drops, and/or Cable Service charge(s). Licensee shall comply at all times with all other applicable federal, state, and local laws and regulations, as amended from time to time, relating to nondiscrimination. 12.7 Subscriber Privacy. Licensee shall ensure privacy of Subscriber information in accordance with Section 631 of the Cable Act, as may be amended from time to time. 12.8 Local Business Office. In accordance with 47 C.F.R., Part 76, Subpart H, § 76.309(c)(v), Licensee shall maintain a local business office that shall be conveniently located and shall be open and available to Subscribers during Normal Business Hours. A third -party or Licensee -operated business office within the corporate limits of the Town at which Subscribers may pay bills and pick-up and drop-off equipment at such location is deemed to be a conveniently located local business office. Except under circumstances relating to a temporary local business office location as set forth below, Licensee shall, at all times during the term of this Agreement, maintain a conveniently located local business office within the corporate limits of the Town. Licensee shall be permitted to utilize a third -party or Licensee -operated business office located outside the corporate limits of the Town and within a 13 -mile radius of the Fountain Hills Town Hall on a temporary basis under the following conditions: (A) the location utilized as the local business office on the Effective Date of this License (or such other local business office within the corporate limits of the Town) (the "Existing Local Business Office") becomes unavailable due to no fault of the Licensee, (B) Licensee immediately undertakes to secure arrangements for an alternate local business office within the corporate limits of the Town and locates and opens for business such alternate location within six months of the Existing Local Business Office becoming unavailable, and (C) the aggregate of all time periods during the Term during which a temporary local business office is located outside the corporate limits of the Town does not exceed nine months. 13. Inspection of Records. 13.1 Inspection of Records. At all reasonable times as related to determination of License compliance, Licensee shall permit any duly authorized representative of the Town to examine any and all financial records kept or maintained by Licensee or under its control that reasonably relate to Licensee's accurate payment of License Fees. 1886618.8 19 Return to Agenda 13.2 Scope of Information. Unless otherwise specified, all of Licensee's recordkeeping and disclosure obligations include and are limited to information that reasonably relate to Licensee's accurate payment of License Fees. This does not include personally identifiable Subscriber information without the Subscriber's consent in violation of Section 631 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 551. 13.3 Maps. Licensee and the Town shall at all times make and keep full and complete plans and records showing the exact location of all Cable System and other utility facilities installed or in use in Public Streets, and other places in the Town and make them available to the other for review upon request. Upon request, each shall provide the other with route maps or sets of maps drawn to scale, showing the location of their respective underground and above ground facilities. The purpose of these requirements is to facilitate design by Licensee and review by the Town of Licensee's construction of its facilities, minimize interference with the Town's facilities, expedite construction, and minimize financial burdens on both parties. 14. Indemnification. 14.1 Scope of Indemnification. Licensee agrees to defend, indemnify, and hold harmless the Town, its Council members, officers, boards, agents and employees (the "Indemnified Parties"), for, from, and against any liability for claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and costs of appellate proceedings) to which and such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such claims (or actions with respect thereto) relate to, arise out of or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with Licensee's construction, operation, or maintenance of its Cable System. Notwithstanding the foregoing, Licensee shall not indemnify the Town for any damages, liability, or claims resulting from the willful misconduct or negligence of the Town. 14.2 Procedure. In the event that a third -party claim is made or third -party suit is filed for which the Town intends to seek indemnification from Licensee pursuant to Section 14.1 above, the Town shall promptly notify Licensee of said claim or suit. Licensee shall have the right to control, through counsel of its choosing, the defense of such third -party claim or suit, but may compromise or settle the same only with the consent of the Town, which consent shall not be unreasonably withheld. The Town shall cooperate with Licensee and its counsel in the defense of any such claim or suit and shall make available to Licensee any books, records or other documents necessary or appropriate for such defense. The Town shall have the right to participate, at its expense, in the defense of any such claim or suit through counsel of its own choosing. 15. Insurance. 15.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Licensee, Licensee shall purchase and maintain, at its own expense, 1886618.8 20 Return to Agenda hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this License at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Licensee. Failure by Licensee to provide such evidence of full compliance with the insurance requirements set forth in this License or failure to identify any insurance deficiency shall not relieve Licensee from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at ail times during the performance of this License. C. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this License, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this License. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this License are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this License. E. Primary Insurance. Licensee's insurance shall be primary insurance with respect to performance of this License and in the protection of the Town as an Additional Insured. F. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Licensee shall be solely responsible for any such deductible or self-insured retention amount. G. Use of Subcontractors. If any work under this License is subcontracted in any way, Licensee shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Licensee. Licensee shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. H. Evidence of Insurance. Prior to commencing any work or services under this License, Licensee will provide the Town certificates of insurance as required by this License, issued by Licensee's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and 1886618.8 21 Return to Agenda limits of coverage specified in this License and that such coverage and provisions are in full force and effect. The Town shall reasonably rely upon the certificates of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this License. In the event any insurance policy required by this License is written on a "claims made" basis, coverage shall extend for two years past completion of the Services and the Town's acceptance of the Licensee's work or services and as evidenced by annual certificates of insurance. If any of the policies required by this License expire during the Term of this License, it shall be Licensee's responsibility to forward renewal certificates to the Town 30 days prior to the expiration date. All certificates of insurance required by this License shall be identified by referencing this License. A $25.00 administrative fee shall be assessed for all certificates received without referencing this License. Additionally, certificates of insurance submitted without referencing this License will be subject to rejection and may be returned or discarded. Certificates of insurance shall saecifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Licensee's insurance shall be primary insurance as respects performance of the License. (3) A 30 -day advance notice cancellation provision. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 15.2 Required Insurance Coverage. A. Commercial General Liability. Licensee shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed 1886618.8 22 Return to Agenda by law, for claims arising out of the performance of this License, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Licensee shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Licensee's owned, hired and non -owned vehicles assigned to or used in the performance of the Licensee's work or services under this License. Coverage will be at least as broad as ISO coverage code "i" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this License, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. C. Workers' Compensation Insurance. Licensee shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Licensee's employees engaged in the performance of work or services under this License and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 15.3 Cancellation and Expiration Notice. Insurance required herein shall not expire or be canceled without 30 days' prior written notice to the Town. 16. Letter of Credit. 16.1 Amount; Purpose. Within 30 days after the Effective Date of this License, Licensee shall deposit with the Town an irrevocable letter of credit in an amount not to exceed $10,000.00 (replenishable as specified in Section 16.3 below) issued by a federally insured commercial lending institution. The form and substance of said letter of credit will be used to ensure (A) the faithful performance by Licensee of all provisions of this License; (B) compliance with all orders, permits, and directions of any agency, commission, board, department, division, or office of the Town having jurisdiction over Licensee's acts or defaults under this License; and (C) Licensee's payment of any penalties, claims, liens, and taxes due to the Town that arise by reason of the construction, operation, or maintenance of the Cable System, including cost of removal or abandonment of any of Licensee's property. 16.2 Drawing on Letter of Credit. The letter of credit may be drawn upon by the Town by presentation of a draft at sight on the lending institution, accompanied by a written 1886618.8 23 Return to Agenda certificate signed by the Town Manager certifying that Licensee has been found, pursuant to Section 17 below, to have failed to comply with this License, stating the nature of noncompliance, and stating the amount being drawn. The rights reserved to the Town with respect to the letter of credit are in addition to all other rights of the Town, whether reserved by this License or authorized by law, and no action proceeding against a letter of credit will affect any other right the Town may have. 16.3 Replenishing. The letter of credit shall be structured in such a manner so that if the Town at any time draws upon the letter of credit, upon notice to Licensee by the issuing lending institution, Licensee shall immediately increase the amount of available credit by the amount necessary to replenish that portion of the available credit exhausted by the honoring of the Town's draft; provided, however the maximum amount available to be drawn on this letter of credit for any one event shall not exceed $25,000.00. The intent of this Section is to make available to the Town at all times a letter of credit in the amount of $10,000.00. 17. Default; Cure; Liquidated Damap-es; Hearinys. 17.1 Notice of Violation; Right to Cure or Respond. In the event that the Town believes that Licensee has not complied with the terms of this License, the Town shall informally discuss the matter with Licensee. If these discussions do not lead to resolution of the issue, the Town shall notify Licensee in writing of the exact nature of the alleged noncompliance. Licensee shall have 30 days from receipt of the notice of violation: (A) to respond to the Town, contesting the assertion of noncompliance; (B) to cure such noncompliance; or (C) if, by the nature of the non-compliance, such non-compliance cannot reasonably be cured within the 30 - day period, the Licensee shall have such additional time as may be necessary to perform or comply as long as the Licensee commences performance or compliance within such 30 -day period and diligently proceeds to complete such performance or fulfill such obligation (the "Cure Period"); provided, however, that no such Cure Period shall exceed 90 days, unless otherwise agreed to by the parties in writing. Failure to cure such non-compliance within the Cure Period shall cause the Licensee to be in material default of this License, at which time the Town may revoke the License, subject to the hearing process set forth in Section 17.3 below. 17.2 Liquidated Damages; Appeal. The Town and Licensee agree that for violations of this License, the Town may obtain liquidated damages pursuant to Section 16 above and Subsection 13-9(E) of the Cable Code and that the Licensee shall have all rights of appeal set forth in Subsection 13-9(F) of the Cable Code. 17.3 Hearing. If Licensee fails to respond to the notice described in Section 17.1 pursuant to the procedures set forth therein, or if the alleged default is not cured pursuant to Section 17.1 above, then the Town Manager shall schedule an administrative hearing in accordance with the procedures set forth in Subsection 13-9(F) of the Cable Code. The Town shall provide Licensee at least ten days' prior written notice of such hearing, which notice shall specify the time, place and purpose of any such hearing. At such hearing, Licensee shall be provided a full and fair opportunity to be heard. Within 15 days after the conclusion of such hearing, the Town Manager shall issue a determination, and his determination. If the Town Manager determines that the License should be revoked, he shall make a recommendation to the 1886618.8 24 Return to Agenda Council, which shall consider the recommendation at a public hearing held in accordance with Section 13-10 of the Cable Code. 18. Effect of Expiration, Revocation, or Termination of License. 18.1 Continuity of Service. It is the right of all Subscribers to continue receiving Cable Service as long as their financial and other obligations to Licensee are honored. If this License expires or terminates, Licensee shall cooperate with the Town to ensure continuity of Cable Service to all Subscribers for a period not to exceed 120 days, or other such period as set forth in Subsection 13-10(D) of the Cable Code. During such period, Licensee shall be entitled to the revenues for operating the Cable System. 18.2 Other Services. Upon expiration, revocation, or termination of this License for any reason, Licensee shall have 180 days from the date of expiration, revocation, or termination to enter into good faith negotiations with the Town or other governmental authority to obtain a license, permit, or other approval or agreement that may then lawfully be required in order to allow Licensee to continue using Licensee's facilities in the Public Streets for any lawful service other than Cable Service that Licensee may then provide over its facilities in the License Area. 18.3 Holding Over. In any circumstance whereby Licensee would continue to occupy the Public Streets after the expiration of this License, such holding over shall be deemed to operate as a renewal or extension of this License on a month-to-month basis that may be terminated at any time by the Town upon 60 days' written notice to Licensee, or by Licensee upon 60 days' written notice to the Town. 19. Transfer. 19.1 Prior Consent. A. Limitations. Except as otherwise set forth below, Licensee's right, title, or interest in this License may not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with Licensee, without the prior consent of the Town, in its sole discretion. No consent is required for (1) a transfer to an entity controlling, controlled by, or under common control with Licensee or (2) a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Licensee in the License or Cable System in order to secure indebtedness. B. Required Information. Within 30 days after receiving a request for consent to a transfer for which Town consent is required, the Town shall notify Licensee in writing of any additional information it reasonably requires to determine the legal, financial, and technical qualifications of the transferee. If the Town has not taken action on Licensee's request for transfer within 120 days after receiving such request, consent by the Town will be deemed given. 19.2 Grant, Rent. or Lease. As long as a grant, rent, or lease of all or a portion of the Cable System does not amount to a transfer, Licensee in the normal course of providing 1886618.8 25 Return to Agenda Cable Services or other services such as telecommunications and information service over the Cable System may grant, rent, or lease use of the Cable System to other Persons. Any use by such Persons shall be restricted to and consistent with such uses as Licensee or such Person is authorized in this License or under other applicable law. Any such use shall be in compliance with applicable federal and state law. No such grant, rent or lease by Licensee will, however, relieve Licensee of any requirement or obligation under this License as to its use of the Public Streets and any such grant, rent or lease shall require that such other Person comply with the applicable provisions of the Cable Code and this License as such use warrants. The grant, lease or rent shall expressly provide for the authority of the Town under applicable law to regulate the use provided by the grant, lease or rent (including but not limited to the authority to protect the public welfare, safety and health) and to enforce compliance with any applicable standards established by the Cable Code or this License. 20. Controlline Authorities. 20.1 Local Ordinances. Licensee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance, to the extent that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations placed upon Licensee that are contained in this License. In the event of a conflict between any ordinance or Town Code provision and this License, the applicable Town Code provision (including the Cable Code) as it existed on the Effective Date of this License shall control. This License is granted subject to the Cable Code provisions in effect at the time the License is granted. In the event of a conflict between the terms of this License and other codes and ordinances of the Town, this License shall control. However, nothing in this License shall be deemed to waive the requirements of the other codes and ordinances of the Town regarding permits or manner of construction. The Town may amend the Cable Code at any time subsequent to the Effective Date of this License; provided however, that any amendment shall not act to change the terms of this License; provided further, however, that if the United States or the State of Arizona enact laws or regulations affecting this License then the Town and Licensee shall amend this License to conform to the revised law or regulation. 20.2 Federal and State Laws. This License is subject to and shall be governed by all requirements of the Cable Act, the Cable Statute and other federal and state laws and regulations governing cable communications. In a conflict between the terms and conditions of this License and federal or state law, the applicable federal and state law provisions shall control. 21. Licensee's Representations and Warranties. 21.1 Authority. Licensee represents and warrants that it has the power and authority to enter into this License by and through the representative who has signed this License on its behalf, and that it has the power and ability to do all the acts required of it by this License. 21.2 Misrepresentation. Licensee has not misrepresented or omitted material facts, has not accepted this License with intent to act contrary to the provisions herein, and represents and warrants that, as long as it operates the Cable System, it will be bound by the terms and conditions of this License or a subsequently issued license. 1886618.8 26 Return to Agenda 21.3 Attorneys. Licensee further acknowledges that it was represented throughout the negotiations of this License by its own attorneys and had opportunity to consult with its own attorneys about its rights and obligations regarding this License. 22. Confidentiality. 22.1 Protection of Confidential Information. To the fullest extent permitted by law, the Town agrees to treat on a confidential basis any Confidential Information disclosed by Licensee to the Town. The Town shall not use the Confidential Information for any purpose whatsoever other than in connection with its rights and obligations under this License. The Town shall safeguard the Confidential Information using measures that are equal to the measures used to safeguard its own confidential information of comparable value, but in no event less than reasonable care. 22.2 Disclosure to Representatives. Disclosure of Licensee's Confidential Information by the Town shall be limited to only those of its employees, representatives, or agents that have a need to know, and that are in a confidential relationship with the Town, who are informed by the Town of the confidential nature of the Confidential Information, and who agree to act in accordance with the terms and conditions of this Section. 22.3 Disclosure Required by Law. In the event that the Town becomes legally compelled to disclose any of the Confidential Information, the Town shall provide Licensee with prompt notice so that Licensee may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Section. In the event that such protective order or other remedy is not obtained, or that Licensee waives compliance with the provisions of this Section, the Town shall furnish only that portion of the Confidential Information that the Town is advised by opinion of counsel is legally required and the Town shall exercise its best efforts to obtain reliable assurance that confidential treatment shall be accorded the Confidential Information by the Person to whom it is disclosed. 23. Miscellaneous. 23.1 Filings. When not otherwise prescribed herein, all matters herein required to be filed with the Town shall be filed with the office of the Town Clerk. 23.2 Force Ma'eI ure. Licensee shall not be held in default under, or in noncompliance with, the provisions of this License, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation, or revocation of this License) where such alleged noncompliance or default occurred or was caused by an act of God, an act or omission of governmental military or civilian authority, strike or lockout, riot, epidemic or quarantine, war, earthquake, fire, flood, tidal wave, unusually severe rain, wind, or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, terrorist acts, governmental, administrative or judicial order or regulation or other circumstances that could not have been avoided through Licensee's exercise of reasonable care, prudence and diligence. 23.3 Severability. if any Section, sentence, paragraph, term, or provision of this License or any ordinance, regulation, law, or document incorporated herein by reference is held to be illegal, invalid, unconstitutional, or unenforceable, by the decision of any court of 1386618 8 27 Return to Agenda competent jurisdiction, such decision will not affect the validity of the remaining portions hereof all of which shall remain in full force and effect for the term of this License. 23.4 Notices and Requests. Any notice or other communication required or permitted to be given under this License shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST RQSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. To Licensee: Cox Communications Arizona, LLC 1550 West Deer Valley Road, Building C Phoenix, Arizona 85027 Attn: Senior VP & GM With a copy, to: Cox Communications, Inc. 1400 Lake Hearn Drive Atlanta, Georgia 30319 Attn: Legal Department or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 23.5 Governing Law; Venue. The provisions of this License are subject to applicable federal law, including but not limited to the Cable Act and the rules, regulations, and orders of the FCC, and are also subject to provisions in the Cable Statute and the Cable Code not in conflict with such federal law. In the event of any conflict between the provisions of this License and such state or federal law, the provisions of such state or federal law shall prevail. Proper venue is in the Superior Court of Arizona, Maricopa County, or the United States District Court for the District of Arizona. 1886618.8 28 Return to Agenda 23.6 Headings. The headings contained herein are intended solely to facilitate the reading thereof. Such headings shall not affect the meaning or interpretation of the text herein. 23.7 Integration; Acquired Licenses. This License constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement, understanding, negotiation, drafts, discussion outlines, correspondence, memoranda, or otherwise regarding the subject matter hereof. This License hereby preempts and cancels any other license agreements granted by the Town that are acquired by Licensee through the purchase or acquisition of other Cable Systems and/or cable operators. Upon completion of an acquisition the terms of this License shall govern Licensee's newly acquired Cable System(s) or cable operation(s). 23.8 Bonds. Licensee shall comply with all requirements concerning construction bonds as set forth in the Cable Code. 23.9 Reports. Upon written request of Town Manager, Licensee shall provide to Town copies of any communications and reports submitted by Licensee to the FCC or any other Federal or State regulatory commission or agency having jurisdiction with respect to any matters affecting construction or operation of the Cable System in the Town. Additionally, Licensee shall provide to Town regular reports, no less than quarterly, to establish Licensee's compliance with the provisions of the Cable Code and this License. 23.10 Laws and Regulations. Licensee shall keep fully informed and shall at all times during the performance of its duties under this License ensure that it and any Person for whom the Licensee is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations, (B) existing and future State and Federal laws and (C) existing and future Occupational Safety and Health Administration standards. 23.11 Amendments. This License may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Licensee. 23.12 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this License will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this License will promptly be amended in writing to make such insertion or correction. 23.13 Entire Agreement; Interpretation; Parol Evidence. This License represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this License are hereby revoked and superseded by this License. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this License. This License 1886618.8 29 Return to Agenda shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the License. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this License. 23.14 Rights and Remedies. No provision in this License shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this License. The failure of the Town to insist upon the strict performance of any term or condition of this License or to exercise or delay the exercise of any right or remedy provided in this License, or by law, or the Town's acceptance of and payment for services, shall not release the Licensee from any responsibilities or obligations imposed by this License or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this License. 23.15 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this License or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued from the time of the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. [SIGNATURES ON FOLLOWING PAGES] 1886618.8 30 Return to Agenda IN WITNESS WHEREOF, the parties have executed this License as of the Effective Date. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1886618.8 31 "Licensee" COX COMMUNICATIONS ARIZONA, LLC a Delaware limited, liability company Rizley and GM Sou w t Region (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) Return to Agenda This instrument was acknowledged before me on �Uh Q �. `� , 2013, by J. Stephen Rizley, as Senior VP and GM — Southwest Region of COX COMMUNICATIONS ARIZONA, LLC, a Delaware limited liability company, on behalf of the company. (affix notary seal here) 4921011v2 W KIM MONROEWY Pob11a.8tate of Arlson• Marloopa County y Cortmltflonx018 e tember 80, 1886618.8 32 Notary Public in and for the State of Arizona Meeting Date: 6/2012013 Agenda Type: Regular Staff Contact Information: Ken Buchanan Strategic Values: Not Applicable (NA) Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (,agenda Language): CONSIDERATION of approving the agreement with Mark Iacovino for legal services for the purpose to provide prosecution services of criminal cases in the Fountai Hills Municipal Court. Applicant: Ken Buchanan, Town Manager Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Operational Priority Staff Summary (background): The 2013114 Annual Budget contains appropriations for prosecution services with in the Fountain Hills Municipal Court. Risk Analysis (options or alternatives with implications): nla Fiscal Impact (initial and ongoing costs; budget status): $110,000.00 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): SUGGESTED MOTION (for Council use): Approve the agreement with Mark lacovino for prosecution services for the Fountain Hills Municipal Court effective July 1, 2013. Approved. ('ZVI t'Dek � 34� Ken uchanan, Town Manager 6/11/2013 Page t of 1 Return to Agenda CONTRACT FOR LEGAL SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE LAW OFFICE OF MARK IACOVINO This CONTRACT FOR LEGAL SERVICES (this "Contract") is made and entered into as of June _, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Law Office of Mark lacovino (the "Law Firm"). RECITALS A. The Town has determined it to be in its best interest to contract with attorneys not in its employ who, by experience and training, are qualified to assist the Town in connection with prosecution of criminal cases in the Fountain Hills Municipal Court. B. The Town has satisfied itself as to the qualifications of the Law Firm to assist the Town in connection with prosecution of criminal cases in the Fountain Hills Municipal Court. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the covenants and promises set forth below, the parties hereby agree as follows: 1. Scope of Service and Representation. The Law Firm agrees to perform all necessary legal services of the Town Prosecutor's Office within the laws of the State of Arizona and the Rules of Professional Conduct including, but not limited to, the following: a. Prepare and appear for arraignments, arrange and conduct pre-trial conferences with defendants and/or attorneys, and try jury and non jury trials; and b. Review the file on each case including police reports, previous convictions and motions from defense attorneys; and C. Prepare any necessary correspondence related to each case, excluding victim letters and correspondence which shall be the responsibility of the Town's Victim Witness Advocate; and d. Appear in the Fountain Hills Municipal Court to prosecute those who have violated state law or Town ordinances; make recommendations for conditions of release and sentencing; and e. Advise the Town's law enforcement department on gathering and presentation of evidence, filing of charges and other legal matters related to criminal cases; interview police officers, inspectors and others presenting evidence for the Town; and f. Perform legal research to support the Town's position(s) in hearings and trials as well as in response to defense motions; and g. Provide statistical data concerning disposition of cases. Return to Agenda h. Act as an educational resource to Town staff, schools, civic organizations and advocacy groups. 2. Advice and Status Reporting. The Law Firm shall provide the Town with timely advice of all significant developments arising during performance of services hereunder, orally or in writing, as Law Firm considers appropriate. Upon request of the Town Manager the Law Firm shall provide copies of all pleadings and other documents prepared by the Law Firm. The Law Firm shall provide the Town Manager with monthly status reports. 3. Compensation. The Town agrees to pay the Law Firm for services rendered hereunder in a flat annual amount of $110,000, paid in 12 equal installments, due in advance on the first day of each month. If a notice of termination has been given pursuant to Section 16 below, the monthly amount payable shall be prorated according to the actual number of days during which the Law Firm will be providing services. 4. Term. This Contract shall be effective July 1, 2013, and shall continue for a period of one year thereafter, unless sooner terminated as set forth in Section 16 below. This Contract shall automatically renew for additional one-year periods unless either party gives notice to the other of its intent not to renew this Contract at least 60 days prior to the end of the then -current one year term. 5. Notices. Notice or correspondence shall be sent to: Town of Fountain Hills The Law Office of Mark lacovino Attn: Town Manager 10105 E. Via Linda, # 103-346 16705 E. Avenue of the Fountains Scottsdale, AZ 85258 Fountain Hills, AZ 85266 6. Conflict Issues. The Law Firm warrants and covenants that Law Firm presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Contract a violation of any applicable state, local, or federal law. In the event any conflict of interest should arise, the Law Firm shall promptly notify the Town of the existence of such conflict of interest so the Town may determine whether to terminate this Contract. Conflict issues arising are governed by the Arizona Rules of Professional Conduct. The Law Firm should also refer to the Arizona Legal Ethics Handbook published by the State Bar of Arizona. Otherwise, the Law Firm shall be free to dispose of such portion of its entire time, energy and skill as are not required to be devoted to Town in such manner as it sees fit, and to such persons, firms or corporations as it deems advisable so long as no conflict of interest exists. 7. Maintenance of Records. In compliance with Town procedure, all work performed in connection with this Contract shall be subject to audit. The Law Firm shall maintain all books, documents, papers, and accounting records pertaining to the Contract and not K Return to Agenda related to particular prosecution case files and shall make such materials available at their offices at all reasonable times during the Contract period and for at least three years from the date of final payment for inspection by Town or any authorized representatives of Town, and copies thereof shall be furnished, if requested, at Town's expense. The Town shall store and maintain all closed files. The destruction of such files shall be in accordance with applicable law and Arizona Attorney General Opinion 98-07. 8. Indemnification. To the fullest extent permitted by law, the Law Firm shall defend, indemnify and hold harmless Town, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses relating to, arising out of, or resulting from the Law Firm's wrongful acts, errors, mistakes, or omissions relating to the Law Firm's services in the performance of this Contract. The Law Firm's duty to defend, hold harmless, and indemnify Town, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense (including, but not limited to, attorneys' fees, court costs, and the cost of appellate proceedings) caused by the Law Firms wrongful acts, errors, mistakes or omissions, work or services in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will, in no way, be construed as limiting the scope of the indemnity of this paragraph. 9. Professional Liability Insurance. Without limiting any of their obligations, the Law Firm, at the Law Firm's own expense, shall purchase and maintain the hereinafter stipulated minimum insurance with companies duly licensed, possessing an AM Best, Inc. rating of B++, approved and licensed to do business in the State of Arizona, with policies and forms reasonably satisfactory to Town. Prior to commencing work under this Contract, the Law Firm shall furnish Town Certificates of Insurance, or formal endorsements issued by the Law Firm's insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this Contract are in full force and effect. Such Certificates shall identify this Contract number, and shall provide for not less that 30 days advance Notice of Cancellation, Termination, or Material Alteration. The Law Firm will maintain Professional Liability insurance covering errors and omissions arising out of the work or services performed by the Law Firm or any person employed by the Law Firm, with a limit of not less than $500,000 each occurrence and $500,000 all claims. 10. Independent Contractor Status. The services the Law Firm provides under the terms of this Contract to Town are that of an independent contractor, not an employee. Town will report the value paid for these services each year to the Internal Revenue Service (IRS) using Form 1099. Withholding of income tax is not deducted from contractual payments. 11. Non -Assignment. Services covered by this Contract shall not be assigned in whole or in part without the prior written consent of the Town. 3 Return to Agenda 12. Choice of Law. This Contract shall be governed and interpreted according to the laws of the State of Arizona. 13. Entire Agreement. This Contract constitutes the entire understanding of the parties, and no representations or agreements, oral or written, made prior to its execution shall vary or modify the terms herein. 14. Amendments. Any amendment, modification or variation from the terms of this Contract shall be in writing and shall be effective only after approval of all parties signing the original Contract. 15. Severabili . Should any part of this Contract be declared in a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into a carry out, such decision shall not affect the validity of the remainder of this Contract, which shall continue in full force and effect, provided that the remainder of this Contract, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 16. Termination. Either party may terminate this Contract without cause upon giving 60 days' written notice to the other party. 17. Cancellation. Pursuant to ARIZ. REV. STAT. § 38-511, the Town may cancel any contract or agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this contract on behalf of Town's departments or agencies is, at any time while the contract or any extension of this Contract is in effect, an employee of any other party of the contract in any capacity, or a consultant to any other party of this Contract with respect to the subject matter of this Contract. "Town" TOWN OF Fountain Hills, an Arizona municipal corporation Ken Buchanan, Town Manager ATTEST: Bevelyn J. Bender, "Town Clerk 4 "Law Firm" LAW OFFICE OF MARK IACOVINO, a proprietorship By: oz-VI Iacovino ro ri e. *r* r OP ID: JC ,a►��RO CERTIFICATE OF LIABILITY INSURANCE DATE(M11/1YYY) F 06/11/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 602-264-5533 CONTACT NAME: Stuckey Ins & Assoc Agencies 602-279-9336 5343 N. 16th Street, Suite 110 PHONE FAX A/C No Ext): AIC, No), E-MAIL Phoenix, AZ 85016 Scott Nugent PRODUCER CUSTOMER ID M IACOV-1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Law Office of Mark lacovino INSURER A:The Hanover Ins Group 10105 E. Via Linda #103-346 Scottsdale, AZ 85258 INSURER B: INSURER C INSURER D DAMAGE ( RENTED PREMISESS Ea occurrence) $ INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY � Q^ k4 I EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED PREMISESS Ea occurrence) $ CLAIMS -MADE 1:1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab LH4 A025537 00 06/10/13 06/10/14 500,00 �PerClaim Aggregate 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Liability- Claims Made- Retro Date 06/10/13 CERTIFICATE HOLDER CANCELLATION TOW N F-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Fountain Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16705 East Ave of the Fountain Fountain Hills, AZ 85268 AUTHORIZED REPRESENTATIVE � Q^ k4 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Meeting Date: 6/20/2013 Agenda Type: Regular Return to Agenda TOWN OF FOUNTAIN HILLS AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Julie Ghetti, Deputy Town Manager/Finance Director; 480-816-5113; jghetti@th.az.gov REQUEST TO COUNCIL: (Agenda Language): PUBLIC HEARING regarding RESOLUTION 2013-23, approving the estimates of expenses, assessments, and the Tentative Budget as the FINAL BUDGET for the 2013-2014 fiscal year budget for the Town of Fountain Hills. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The proposed FY2013-14 budget was presented to the Town Council and the public during the May 1 and 6, 2013 special sessions and the tentative budget was approved on May 16, 2013 which established the maximum expenditure amount for all funds at $41.7M and estimated revenues of $34.1M. The proposed final budget is being presented with the revisions approved by Council - the revisions are summarized below: Increase to Extended Hands Food Bank Increase to Boys & Girls Club Decrease to Fire Department Decrease to Administration Salaries & Benefits Increase to Manager Contingency line item Increase to Fountain Hills Community Theater Decrease to Contractual Services No change in total expenditures. $ 9,075 $ 24,000 $(33,075) $ (4,995) $ 4,995 $35,120 (from Excise Fund) $(35,120) (from Excise Fund) Resolution 2013-23 adopts the tentative budget as the final budget for the fiscal year ending June 30, 2014. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $41,655,378 Budget Reference (page number): Pgs 1 - 365 Funding Source: All Funds If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Y ® N ❑ Page 1 of 2 Staff Recommendation(s): Approve the tentative FY2013-14 budget as final. Return to Agenda List Attachment(s): Resolution 2013-23 SUGGESTED MOTION (for District Board use): Move to approve Resolution 2013-23 adopting the tentative budget as final for Fiscal Year 2013-2014. Prepared by: Julie Ghetti, Deputy Town Manager/Finance Director 6/1312013 Director's Approval: Julie G tti, Deputy Town Manager/Finance Director 6/13/2013 Appro d: Ken Buchanan, Town Manager 6/1312013 Page 2 of 2 TOWN OF FOUNTAIN HILLS FINAL BUDGET FY 2013-14 Ken Buchanan, Town Manager Julie A. Ghetti, Deputy Town Manager/Finance Director June 20, 2013 FY14 Budget By Core Services From All Funds • Public Safety • Administration • Downtown Strategy Fund • Downtown Economic Dev • Development Services • Community Services • Debt Service • Special Revenue Funds • Capital • Internal ���AIN�jI 0 z �1r b D 9'lfhat is Ari p $ 6,596,636 $ 2,543,798 $ 1,954,079 $ 171,119 $ 4,164, 512 $ 2,199,082 $ 2,555,985 $ 1,563,875 $19,248,082 $ 658,210 Total $41,,655,,378 SUMMARY OF COUNCIL CHANGES Increase to Extended Hands Food Bank $ 9,075 Increase to Boys &Girls Club $241000 Decrease to Fire Department $(33,,075) Decrease to Administration Salaries &Benefits $ (4,995) Increase to Manager Contingency line item $ 4,995 Increase to Fountain Hills Community Theater $35,120 (from Excise Fund) Decrease Contractual Services in Excise Tax Fund $(35,120) No change in total expenditures. ��� AIN ill Town Manager's104 0 FY2013/14 `that is AC�ti�r Budget Proposal $41,655,378 Final Budget It is a Town Manager recommendation to approve the proposed 2013/14 Tentative Budget as final. in the amount of $41,655,378 . Return to Agenda RESOLUTION NO. 2013-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TENTATIVE BUDGET AS THE 2013-2014 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Arizona Revised Statutes (the "Applicable Law"), the Mayor and Council of the Town of Fountain Hills (the "Town Council") did, on May 16, 2013, prepare (i) a full and complete statement of the Town's financial affairs for the preceding fiscal year and (ii) an estimate of the different amounts that will be required to meet the Town's public expense for the current fiscal year, including all of the items prescribed by ARiz. REv. STAT. § 42-17102, which estimate was entered in the Town Council's minutes; and WHEREAS, in accordance with the Applicable Law, and following due public notice, the Town Council met on May 16, 2013, at which meeting any taxpayer was provided the opportunity to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies; and WHEREAS, publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 20, 2013, at the Fountain Hills Town Council Chambers for the purpose of hearing taxpayers and with respect to said estimates or any of the proposed expenditures/expenses or tax levies. NOW, THEREFORE, BE IT RESOLVED 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 statements and schedules attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted as the budget of the Town of Fountain Hills, Arizona, for the fiscal year July 1, 2013 through June 30, 2014. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 20, 2013. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Kenneth W. Buchanan, Town Manager 1961421.2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2013-23 [Budget Statements and Schedules] See following pages. 1961421.2 Return to Agenda G Return to Agenda TOWN OF FOUNTAIN HILLS Summary Schedule of Estimated Revenues and Expenditures/Expenses Fiscal Year 2014 EXPENDITURE LIMITATION COMPARISON 2013 2014 1. Budgeted expenditures/expenses $ 31,513,110 $ 41,655,378 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 31,513,110 41,655,378 4. Less: estimated exclusions 14,169,117 20,157,514 5. Amount subject to the expenditure limitation $ 17,343 993 $ 21 L497,86_4 6. EEC or voter -approved alternative expenditure limitation $ 25,503,864 1 $ 26,097,167 The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. * Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. ** includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts in this column represent Fund Balance/Nei Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/13 SCHEDULE A 2,500,723 2,500,723 ESTIMATED 1,013,040 2,232,098 ADOPTED FUND REVENUES 2,552,485 TOTAL BUDGETED ACTUAL BALANCE/ OTHER THAN FINANCIAL BUDGETED EXPENDITURES/ EXPENDITURES/ NET PROPERTY TAX PROPERTY OTHER FINANCING INTERFUND TRANSFERS RESOURCES EXPENDITURES/ 7,382,762 EXPENSES* EXPENSES** POSITION*** REVENUES TAXES 2014 2014 AVAILABLE EXPENSES FUND 2013 2013 July 1, 2013'* 2014 2014 SOURCES <USES> 2014 2014 1. General Fund Primary: $ 13,115,619 $ 13,115,519 $ 6,867,842 $ $ 13,183,057 $ $ $ $ 377,258 $ 19,673,641 $ 13,183,057 2. Special Revenue Funds Secondary: 8. Enterprise Funds Available 4,088,413 4,048,413 2,186,121 3,869,071 2,093,354 3,961,838 6,013,546 3. Debt Service Funds Available 9. Less: Amounts for Future Debt 2,500,723 2,500,723 90,474 1,013,040 2,232,098 193,500 3,529,112 2,552,485 4. Less: Amounts for Future Debt Retirement Retirement OEM 10. Total Enterprise Funds EXPENDITURE LIMITATION COMPARISON 2013 2014 1. Budgeted expenditures/expenses $ 31,513,110 $ 41,655,378 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 31,513,110 41,655,378 4. Less: estimated exclusions 14,169,117 20,157,514 5. Amount subject to the expenditure limitation $ 17,343 993 $ 21 L497,86_4 6. EEC or voter -approved alternative expenditure limitation $ 25,503,864 1 $ 26,097,167 The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. * Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. ** includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts in this column represent Fund Balance/Nei Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/13 SCHEDULE A 2,500,723 2,500,723 90,474 1,013,040 2,232,098 193,500 3,529,112 2,552,485 6. Capital Projects Funds 11,303,281 11,303,281 7,382,762 14,621,732 8,200,000 8,200,000 2,093,000 24,097,494 19,248,080 7. Permanent Funds 8. Enterprise Funds Available 9. Less: Amounts for Future Debt Retirement 10. Total Enterprise Funds 11. Internal Service Funds 505,074 505,074 604,896 184,112 184,112 973,120 658,210 12, TOTAL ALL FUNDS $ 31,513,110 $ 31,473,110 $ 17,132,095 $ 11013,040-1-$-- 34,090070 $ 8,200,000 $ 8,200,000 $ 2,470,512 $ 2,470,612 $ 52,235,205 $ 41,655,378 EXPENDITURE LIMITATION COMPARISON 2013 2014 1. Budgeted expenditures/expenses $ 31,513,110 $ 41,655,378 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 31,513,110 41,655,378 4. Less: estimated exclusions 14,169,117 20,157,514 5. Amount subject to the expenditure limitation $ 17,343 993 $ 21 L497,86_4 6. EEC or voter -approved alternative expenditure limitation $ 25,503,864 1 $ 26,097,167 The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. * Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. ** includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts in this column represent Fund Balance/Nei Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/13 SCHEDULE A 0 D TOWN OF FOUNTAIN HILLS Q Tax Levy and Tax Rate Information Fiscal Year 2014 2013 2014 1. Maximum allowable primary property tax levy. A.R.S. §42-17051(A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ B. Secondary property taxes 1,000,800 1,013,040 C. Total property tax levy amounts $ 1,000,800 $ 1,013,040 4. Property taxes collected' A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 1,000,800 (2) Prior years' levies (3) Total secondary property taxes $ 1,000,800 C. Total property taxes collected $ 1,000,800 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 0.2651 0.2765 (3) Total city/town tax rate 0.2651 0.2765 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the city/town was operating two (2) special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. 4113 SCHEDULE B d a 0 c TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2014 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2013 2013 2014 GENERAL FUND Local taxes Local Sales Tax $ 6,715 080 $ 6,715,080 $ 7,016,880 Franchise Tax 603,000 603,000 303,000 Licenses and permits Animal License Fees Business License Fees Liquor License Fees Building Permit Fees Sian Permits Landscape Permit Fees Subdivision Fees Special Event Permits Engineering Fees Planning & Zoning Fees Improvement Plan Review Fees Intergovernmental State Sales Tax Fire Insurance Premium Tax Shared Income Tax Vehicle License Tax Charges for services Parks & Rec User Fees Encroachment Fees Variances Inspection Fees Community Center Rental Fees Leases & Rents Fines and forfeits Court Fines Interest on investments Interest on Investments In -lieu property taxes Contributions Miscellaneous Miscellaneous 47,365 114,679 1,500 84,650 3,350 1,260 21,000 1,825 2,500 10,000 94,650 1,880,400 116,776 2,259,840 758,400 204,414 35,000 4,000 17,000 86,634 135,456 289,800 60,000 47,365 114,679 1,500 84,650 3,350 1,260 21,000 1,825 2,500 10,000 94,650 1,880,400 116,776 2,259,840 758,400 204,414 35,000 4,000 17,000 86,634 135,456 47,365 108,960 1,500 299,020 3,350 1,260 21,000 1,825 2,500 10,000 50,000 1,936,920 109,769 2,508,960 124,848 35,000 4,000 17,000 89,088 135,456 289,800 246,420 60,000 61,200 49,636 49,636 47,736 Total General Fund $ 13,598,215 $ 13,598,215 $ 13,183,057 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4113 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2014 ESTIMATED ACTUAL REVENUES REVENUES* SOURCE OF REVENUES 2013 2013 SPECIAL REVENUE FUNDS Highway User Revenue Fund 0 D Q W ESTIMATED REVENUES 2014 Highway User Tax $ 1,265,640 $ 1,265,640 $ 1,268,640 Vehicle License Tax 749,700 In -Lieu Fees 50,000 50,000 25,000 Interest 1,200 1,200 1,200 Miscellaneous 5,040 5,040 6,300 $ 1,321,880 $ 1,321,880 $ 2,050,840 Downtown Strategy Fund Sales -Excise Tax $ 295,560 $ 295,560 $ 114,084 $ 295,560 295,560 $ 114,084 $ Economic Development Fund Sales -Excise Tax $ $ $ 171,119 $ 171,119 $ $ Grants Miscellaneous 1,540,000 1,540,000 1,498,655 $ 1,540,000 $ 1,540,000 $ 1,498,655 Public Art Public Art $ 210,000 $ 210,000 $ 15,000 $ 210,000 $ 210,000 $ 15,000 Court Enhancement Fund Court Enhancement Fund $ 14,550 $ 14,550 $ 14,550 $ 14,550 $ 14,550 $ 14,550 Cottonwoods Maintenance District Cottonwoods Maintenance District $ 3,315 $ 3,315 $ 4,823 $ 3,315 $ 3,315 $ 4,823 Total Special Revenue Funds $ 3,385,305 $ 3,385,305 $ 3,869,071 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4113 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2014 SOURCE OF REVENUES DEBT SERVICE FUNDS General Obligation Debt Service Secondary Property Tax Interest Income ESTIMATED REVENUES 2013 ACTUAL REVENUES* 2013 d a 0 c d ESTIMATED REVENUES 2014 $ 1,000,800 $ 1,000,800 $ 1,013,040 1,200 1,200 210 $ 1,002,000 $ 1,002,000 $ 1,013,250 Eagle Mountain CFD $ 422,700 $ 422,700 Municipal Property Corp 785,120 785,120 $ 1,207,820 $ 1,207,820 Total Debt Service Funds $ 2,209,820 CAPITAL PROJECTS FUNDS Sales Tax -Local $ 120,000 Grants 5,758,000 Transfers 1,299,000 Miscellaneous 15,000 $ 7,192,000 Law Enforcement Development Fees $ 15,860 Fire/Eme 92ncl Development Fees 3,540 Streets Development Fees 94,802 Parks & Recreation Development Fees 14,790 Libra /Museum Develo ment Fees 1,740 $ 2,209,820 $ 120,000 5,758,000 1,299,000 15,000 $ 7,192, 000 $ 15,860 3,540 94,802 14,790 1,740 $ 430,848 788,000 $ 1,218,848 $ 2,232,098 $ 120,000 3,878,000 2,093,000 8,400,000 $ 14,491,000 $ 15,860 3,540 94,802 14,790 1,740 $ 130,732 1 $ 130,732 $ 130,732 Total Capital Projects Funds $ 7,322,732 $ 7,322,732 $ 14,621,732 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4113 SCHEDULE C 4/13 SCHEDULE C c 0 0 D TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes iv Fiscal Year 2014 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES` REVENUES SOURCE OF REVENUES 2013 2013 2014 PERMANENT FUNDS Total Permanent Funds $ $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. INTERNAL SERVICE FUNDS Internal Service Fund $ 73,065 $ 73,065 $ 61,330 Vehicle Replacement Fund 168,574 168,574 122,782 $ 241,639 $ 241,639 $ 184,112 Total Internal Service Funds $ 241,639 $ 241,639 $ 184,112 TOTAL ALL FUNDS $ 26,757.711 $ 26,757,711 $ 34,090,070 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/13 SCHEDULE C TOWN OF FOUNTAIN HILLS Other Financing SourceskUses> and Interfund Transfers Fiscal Year 2014 FUND GENERAL FUND Annual Debt Pmt for Community Center $ Project F4025 PrJect F4027 _ Interfund charges -vehicle replacement lnterfund char es Total General Fund $ SPECIAL REVENUE FUNDS Excise Tax -Project E8502 $ Excise Tax -Project E8504 Excise Tax -Project S6009 HURF-Project F4002 HURF-Interfund Charges HURF-Interfund Charges -vehicle replace Total Special Revenue Funds $ DEBT SERVICE FUNDS Annual Debt Pmt for Community Center $ OTHER FINANCING 2014 SOURCES <USES> Total Debt Service Funds $ CAPITAL PROJECTS FUNDS Project E8502 $ Project E8504 Project 56009 _ Project F4002 Project F4025 Project F4027 Bond Proceeds 8,200,000 Project 56010 INTERFUND TRANSFERS 2014 IN <OUT> $ 193,500 12,000 16,000 97,537 58,222 $ 377,258 $ 200,000 1,600,000 40,000 225,000 3,109 25,245 $ 2,093,354 $ $ 193,500 $ $ $ 193,500 $ $ $ 200,000 $ 1,600,000 40,000 225,000 16,000 12,000 8,200,000 Total Capital Projects Funds $ 8,200,000 $ 8,200,000 $ 2,093,000 $ PERMANENT FUNDS $ Total Permanent Funds $ ENTERPRISE FUNDS Total Enterprise Funds $ INTERNAL SERVICE FUNDS Interfund Charges $ Vehicle Replacement & Motor Pool $ $ 61,330 $ 122,782 4/13 SCHEDULE 0 $ $ $ Total internal Service Funds $ 184,112 TOTAL ALL FUNDS $ 8,200,000 $ 8,200,000 $ 2,470,612 $ 2,470,612 4/13 SCHEDULE 0 TOWN OF FOUNTAIN HILLS Expenditures/Expenses by Fund Fiscal Year 2014 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 1,321,880 $ 767,000 $ 2,088,880 Downtown Strategy Fund 183,968 183,968 Economic Development Fund Public Art Fund Court Enhancement Fund Grants Fund Cottonwoods Maint District Total Special Revenue Funds DEBT SERVICE FUNDS 210,000 47,250 1,540,000 18,315 $ 3,321,413 $ 767,000 210,000 47,250 1,500, 000 18,315 $ 4,048,413 $ 2,322,318 1,954,079 171,119 15,000 46,875 1,498,655 3,500 $ 6,013,546 General Obligation Bonds $ ADOPTED EXPENDITURE/ 1,015,850 Eagle Mountain CFD 421,110 BUDGETED EXPENSE ACTUAL BUDGETED 1,076,700 EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ 2,552,485 EXPENSES APPROVED EXPENSES* EXPENSES FUND/DEPARTMENT 2013 2013 2013 2014 GENERAL FUND 20,000 20,000 Mayor & Town Council $ 82,811 $ $ 82,811 $ 79,702 Municipal Court 402,933 15,000 402,933 362,401 Administration 2,585,022 (390,350) 2,194,672 2,120,074 Development Services 2,042,578 (35,000) 2,007,578 1,849,106 Community Services 2,233,838 (7,650) 2,226,188 2,232,231 Law Enforcement 2,946,102 2,946,102 3,121,325 Fire & Emergencyedical ,. M.,.,...._ 3,255,335 PERMANENT FUNDS 3,255,335 3,418,218 Total General Fund $ 13,548,619 $ (433,000) $ 13,115,619 $ 13,183,057 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 1,321,880 $ 767,000 $ 2,088,880 Downtown Strategy Fund 183,968 183,968 Economic Development Fund Public Art Fund Court Enhancement Fund Grants Fund Cottonwoods Maint District Total Special Revenue Funds DEBT SERVICE FUNDS 210,000 47,250 1,540,000 18,315 $ 3,321,413 $ 767,000 210,000 47,250 1,500, 000 18,315 $ 4,048,413 $ 2,322,318 1,954,079 171,119 15,000 46,875 1,498,655 3,500 $ 6,013,546 General Obligation Bonds $ 1,002,913 $ $ 1,002,913 $ 1,015,850 Eagle Mountain CFD 421,110 421,110 425,235 Municipal Property Corp 1,076,700 1,076,700 1,111,400 Total Debt Service Funds $ 2,500,723 $ $ 2,500,723 $ 2,552,485 CAPITAL PROJECTS FUNDS Capital Projects $ 11,587,281 $ (334,000) $ 11,253,281 $ 19,198,080 Law Enforcement Dev Fee 5,000 5,000 5,000 Fire/EmergencyFire/Emergency Dev Fee 5,000 5,000 5,000 Streets Dev Fee 20,000 20,000 20,000 Park/Rec Dev Fee 15,000 15,000 15,000 Libra /Museum Dev Fee 5,000 5,000 5,000 Total Capital Projects Funds $ 11,637,281 $ (334,000) $ $ 11,303,281 19,248,080 PERMANENT FUNDS $ $ $ $ Total Permanent Funds ENTERPRISE FUNDS $ $ $ Total Enterprise Funds $ INTERNAL SERVICE FUNDS Internal Service $ 102,370 $ $ 102,370 $ 71,010 Vehicle Replacement 401,000 1,704 402,704 587,200 Total Internal Service Funds $ 503,370 $ 1,704 $ $ 505,074 658,210 TOTAL ALL FUNDS $ 31,511,406 $ 1,704 $ 31,473,110 $ 41,655,378 ' Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4113 SCHEDULE E d a 0 c TOWN OF FOUNTAIN HILLS w Expenditures/Expenses by Department � Fiscal Year 2014 General Fund $ 402,933 $ $ 402,933 Court Enhancement Fund $ 47,250 1 $ $ 47,250 Municipal Court Total $ 450,,183 $ $ 450,183 $ 362,401 $ 48,875 411,276 ,,.,..._... ,Development Services General Fund -HighwayUser Revenue Fund -Eagle Mountain CFD -Capital Projects Streets Development Fee Development Services Total $ 2,042,578 $ 35,000 1,321,880 767,000 421,110 5,969,000 309,000 20,000 $ 9 774 568 $ _ 423,000 $ 2,007,578 2,088,880 421,110 5,660,000 20,000 $ 10,197,,568 $ 1,849,106 2,322,318 425,235 15, 223, 000 20,000 $ 19,839,659 Community Services General Fund $ 2,233,838 $ 7,650 $ 2,226,188 Public Art Fund 210,000 210,000 Ca itaf Projects 398,000 398,000 Park/Roe Development Fee 15,000 15,000 $ 2,232,231 15,000 1,145,000 15,000 v ci i v a+,G u�vcw i i iii a ree Libra /Museum Dev Fee 5,000 5,000 5,000 Community Services Total $ 2,861,838 $(7,P50 $ 2,854,188 $ 3,412,231 Fire & Emergency Medical General Fund $ 3,255,335 $ $ 31255,335 $ 3,418,218 -Capital Projects 2,960,000 2,960,000 700,000 Fire/EmergencyFire/Emergency Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Fire & Emergency Med Total $_6,220,335 $ $ 6,220,335_ $ 4,123,218 Law Enforcement General Fund $ 2,946,102 $ $ 2,946,102 $ 3,121,325 Law Enforcement Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Law Enforcement Total $ 2,951 102 $ $ 2,951,102 $ _ 3,126,325 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4113 SCHEDULE F ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL_ BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES// EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT/FUND 2013 2013 2013 2014 Ma or & Council General Fund $ 82,811 $ $ 82,811 $79,702 Mayor & Council Total $ 82,811 $ $ 82&11 $_ 79,702 Administration General Fund $ 2,585,022 $ (390,350 $ 2,194,672 $ 2,120,074 Downtown Strate Fund 183,968 183,968 1,954,079 Economic Development Fund 171,119 _Special Revenue Fund 1,540,000 1,500,000 1,498,655 General Obligation Debt 1,002,913 1,002,913 1,015,850 Municipal Property Corp 1,076,700 1,076,700 1,111,400 Cottonwoods Maint District 18,315 18,315 3,500 Capital Projects 2,260,281 (25,000) 2,235,281 2,130,080 Internal Service 102,370 102,370 71,010 -Vehicle Replacement 401,000 1,704 402,704 587,200 Administration Tatal $__ 9 170,569 , $. (413}.646? ........ $ „8,716,923 $_. 10,662,967 Municipal Court General Fund $ 402,933 $ $ 402,933 Court Enhancement Fund $ 47,250 1 $ $ 47,250 Municipal Court Total $ 450,,183 $ $ 450,183 $ 362,401 $ 48,875 411,276 ,,.,..._... ,Development Services General Fund -HighwayUser Revenue Fund -Eagle Mountain CFD -Capital Projects Streets Development Fee Development Services Total $ 2,042,578 $ 35,000 1,321,880 767,000 421,110 5,969,000 309,000 20,000 $ 9 774 568 $ _ 423,000 $ 2,007,578 2,088,880 421,110 5,660,000 20,000 $ 10,197,,568 $ 1,849,106 2,322,318 425,235 15, 223, 000 20,000 $ 19,839,659 Community Services General Fund $ 2,233,838 $ 7,650 $ 2,226,188 Public Art Fund 210,000 210,000 Ca itaf Projects 398,000 398,000 Park/Roe Development Fee 15,000 15,000 $ 2,232,231 15,000 1,145,000 15,000 v ci i v a+,G u�vcw i i iii a ree Libra /Museum Dev Fee 5,000 5,000 5,000 Community Services Total $ 2,861,838 $(7,P50 $ 2,854,188 $ 3,412,231 Fire & Emergency Medical General Fund $ 3,255,335 $ $ 31255,335 $ 3,418,218 -Capital Projects 2,960,000 2,960,000 700,000 Fire/EmergencyFire/Emergency Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Fire & Emergency Med Total $_6,220,335 $ $ 6,220,335_ $ 4,123,218 Law Enforcement General Fund $ 2,946,102 $ $ 2,946,102 $ 3,121,325 Law Enforcement Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Law Enforcement Total $ 2,951 102 $ $ 2,951,102 $ _ 3,126,325 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4113 SCHEDULE F 4113 SCHEDULE G epue6V o; ujn;eb TOWN OF FOUNTAIN HILLS Full -Time Employees and Personnel Compensation Fiscal Year 2014 Total Estimated Full -Time Employee Salaries Other Benefit Personnel Equivalent (FTE) and Hourly Costs Retirement Costs Healthcare Costs Costs Compensation FUND 2014 2014 2014 2014 2014 2014 GENERAL FUND 45 $ 2,559,476 $ 234,761 $ 302,041 $ 114,739 = $ 3,211,017 SPECIAL REVENUE FUNDS Highway User Revenue Fund 5 $ 272,553 $ 29,984 $ 57,686 $ 25,036 = $ 385,259 Total Special Revenue Funds 5 $ 272,553 $ 29,984 $ 57,686 $ 25,036 = $ 385,259 DEBT SERVICE FUNDS Total Debt Service Funds $ $ $ $ _ $ CAPITAL PROJECTS FUNDS Total Capital Projects Funds $ $ $ $ _ $ PERMANENT FUNDS Total Permanent Funds $ $ $ $ _ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ $ _ $ TOTAL ALL FUNDS 50 $ 2,832,029 $ 264,745 $ 359,727 $ 139,775 = $ 3,596,276 4113 SCHEDULE G Meeting Date: 6120/2013 Agenda Type: Regular Return to Agenda TOWN OF FOUNTAIN HILLS AGENDA ACTION FORM Meeting Type: Special Session Submitting Department: Administration Staff Contact Information: Julie Ghetti, Deputy Town Manager/Finance Director; 480-816-5113; jghetti@th.az.gov CONSIDERATION of RESOLUTION 2013-23, approving the estimates of expenses, assessments, and the Tentative Budget as the FINAL BUDGET for the 2013-2014 fiscal year budget for the Town of Fountain Hills. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The proposed FY2013-14 budget was presented to the Town Council and the public during the May 1 and 6, 2013 special sessions and the tentative budget was approved on May 16, 2013 which established the maximum expenditure amount for all funds at $41.7M and estimated revenues of $34.1 M. Resolution 2013-23 adopts the tentative budget as the final budget for the fiscal year ending June 30, 2014. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $41,655,378 Budget Reference (page number): Pgs 1 - 365 Funding Source: All Funds If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Y ® N ❑ Staff Recommendation(s): Approve the tentative FY2013-14 budget as final. List Attachment(s): Resolution 2013-23 SUGGESTED MOTION (for District Board use): Move to approve Resolution 2013-23 adopting the tentative budget as final for Fiscal Year 2013-2014. Prepared by: Julie Ghetti, Deputy Town ManagerlFinance Director 6113/2013 Director's Approval: II Julieheti Deputy own Manager Finance Director 6/13—T2-0-17- Appproo ed: �h't t— niA Ken Buchanan, Town Manager 6/13/2013 Page 1 of 1 Return to Agenda RESOLUTION NO. 2013-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TENTATIVE BUDGET AS THE 2013-2014 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Arizona Revised Statutes (the "Applicable Law"), the Mayor and Council of the Town of Fountain Hills (the "Town Council") did, on May 16, 2013, prepare (i) a full and complete statement of the Town's financial affairs for the preceding fiscal year and (ii) an estimate of the different amounts that will be required to meet the Town's public expense for the current fiscal year, including all of the items prescribed by ARiz. REv. STAT. § 42-17102, which estimate was entered in the Town Council's minutes; and WHEREAS, in accordance with the Applicable Law, and following due public notice, the Town Council met on May 16, 2013, at which meeting any taxpayer was provided the opportunity to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies; and WHEREAS, publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 20, 2013, at the Fountain Hills Town Council Chambers for the purpose of hearing taxpayers and with respect to said estimates or any of the proposed expenditures/expenses or tax levies. NOW, THEREFORE, BE IT RESOLVED 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 statements and schedules attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted as the budget of the Town of Fountain Hills, Arizona, for the fiscal year July 1, 2013 through June 30, 2014. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 20, 2013. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Kenneth W. Buchanan, Town Manager 1961421.2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2013-23 [Budget Statements and Schedules] See following pages. 1961421.2 Return to Agenda G Return to Agenda TOWN OF FOUNTAIN HILLS Summary Schedule of Estimated Revenues and Expenditures/Expenses Fiscal Year 2014 EXPENDITURE LIMITATION COMPARISON 2013 2014 1. Budgeted expenditures/expenses $ 31,513,110 $ 41,655,378 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 31,513,110 41,655,378 4. Less: estimated exclusions 14,169,117 20,157,514 5. Amount subject to the expenditure limitation $ 17,343 993 $ 21 L497,86_4 6. EEC or voter -approved alternative expenditure limitation $ 25,503,864 1 $ 26,097,167 The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. * Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. ** includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts in this column represent Fund Balance/Nei Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/13 SCHEDULE A 2,500,723 2,500,723 ESTIMATED 1,013,040 2,232,098 ADOPTED FUND REVENUES 2,552,485 TOTAL BUDGETED ACTUAL BALANCE/ OTHER THAN FINANCIAL BUDGETED EXPENDITURES/ EXPENDITURES/ NET PROPERTY TAX PROPERTY OTHER FINANCING INTERFUND TRANSFERS RESOURCES EXPENDITURES/ 7,382,762 EXPENSES* EXPENSES** POSITION*** REVENUES TAXES 2014 2014 AVAILABLE EXPENSES FUND 2013 2013 July 1, 2013'* 2014 2014 SOURCES <USES> 2014 2014 1. General Fund Primary: $ 13,115,619 $ 13,115,519 $ 6,867,842 $ $ 13,183,057 $ $ $ $ 377,258 $ 19,673,641 $ 13,183,057 2. Special Revenue Funds Secondary: 8. Enterprise Funds Available 4,088,413 4,048,413 2,186,121 3,869,071 2,093,354 3,961,838 6,013,546 3. Debt Service Funds Available 9. Less: Amounts for Future Debt 2,500,723 2,500,723 90,474 1,013,040 2,232,098 193,500 3,529,112 2,552,485 4. Less: Amounts for Future Debt Retirement Retirement OEM 10. Total Enterprise Funds EXPENDITURE LIMITATION COMPARISON 2013 2014 1. Budgeted expenditures/expenses $ 31,513,110 $ 41,655,378 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 31,513,110 41,655,378 4. Less: estimated exclusions 14,169,117 20,157,514 5. Amount subject to the expenditure limitation $ 17,343 993 $ 21 L497,86_4 6. EEC or voter -approved alternative expenditure limitation $ 25,503,864 1 $ 26,097,167 The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. * Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. ** includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts in this column represent Fund Balance/Nei Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/13 SCHEDULE A 2,500,723 2,500,723 90,474 1,013,040 2,232,098 193,500 3,529,112 2,552,485 6. Capital Projects Funds 11,303,281 11,303,281 7,382,762 14,621,732 8,200,000 8,200,000 2,093,000 24,097,494 19,248,080 7. Permanent Funds 8. Enterprise Funds Available 9. Less: Amounts for Future Debt Retirement 10. Total Enterprise Funds 11. Internal Service Funds 505,074 505,074 604,896 184,112 184,112 973,120 658,210 12, TOTAL ALL FUNDS $ 31,513,110 $ 31,473,110 $ 17,132,095 $ 11013,040-1-$-- 34,090070 $ 8,200,000 $ 8,200,000 $ 2,470,512 $ 2,470,612 $ 52,235,205 $ 41,655,378 EXPENDITURE LIMITATION COMPARISON 2013 2014 1. Budgeted expenditures/expenses $ 31,513,110 $ 41,655,378 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 31,513,110 41,655,378 4. Less: estimated exclusions 14,169,117 20,157,514 5. Amount subject to the expenditure limitation $ 17,343 993 $ 21 L497,86_4 6. EEC or voter -approved alternative expenditure limitation $ 25,503,864 1 $ 26,097,167 The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. * Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. ** includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. *** Amounts in this column represent Fund Balance/Nei Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/13 SCHEDULE A 0 D TOWN OF FOUNTAIN HILLS Q Tax Levy and Tax Rate Information Fiscal Year 2014 2013 2014 1. Maximum allowable primary property tax levy. A.R.S. §42-17051(A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ B. Secondary property taxes 1,000,800 1,013,040 C. Total property tax levy amounts $ 1,000,800 $ 1,013,040 4. Property taxes collected' A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 1,000,800 (2) Prior years' levies (3) Total secondary property taxes $ 1,000,800 C. Total property taxes collected $ 1,000,800 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 0.2651 0.2765 (3) Total city/town tax rate 0.2651 0.2765 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the city/town was operating two (2) special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. 4113 SCHEDULE B d a 0 c TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2014 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2013 2013 2014 GENERAL FUND Local taxes Local Sales Tax $ 6,715 080 $ 6,715,080 $ 7,016,880 Franchise Tax 603,000 603,000 303,000 Licenses and permits Animal License Fees Business License Fees Liquor License Fees Building Permit Fees Sian Permits Landscape Permit Fees Subdivision Fees Special Event Permits Engineering Fees Planning & Zoning Fees Improvement Plan Review Fees Intergovernmental State Sales Tax Fire Insurance Premium Tax Shared Income Tax Vehicle License Tax Charges for services Parks & Rec User Fees Encroachment Fees Variances Inspection Fees Community Center Rental Fees Leases & Rents Fines and forfeits Court Fines Interest on investments Interest on Investments In -lieu property taxes Contributions Miscellaneous Miscellaneous 47,365 114,679 1,500 84,650 3,350 1,260 21,000 1,825 2,500 10,000 94,650 1,880,400 116,776 2,259,840 758,400 204,414 35,000 4,000 17,000 86,634 135,456 289,800 60,000 47,365 114,679 1,500 84,650 3,350 1,260 21,000 1,825 2,500 10,000 94,650 1,880,400 116,776 2,259,840 758,400 204,414 35,000 4,000 17,000 86,634 135,456 47,365 108,960 1,500 299,020 3,350 1,260 21,000 1,825 2,500 10,000 50,000 1,936,920 109,769 2,508,960 124,848 35,000 4,000 17,000 89,088 135,456 289,800 246,420 60,000 61,200 49,636 49,636 47,736 Total General Fund $ 13,598,215 $ 13,598,215 $ 13,183,057 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4113 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2014 ESTIMATED ACTUAL REVENUES REVENUES* SOURCE OF REVENUES 2013 2013 SPECIAL REVENUE FUNDS Highway User Revenue Fund 0 D Q W ESTIMATED REVENUES 2014 Highway User Tax $ 1,265,640 $ 1,265,640 $ 1,268,640 Vehicle License Tax 749,700 In -Lieu Fees 50,000 50,000 25,000 Interest 1,200 1,200 1,200 Miscellaneous 5,040 5,040 6,300 $ 1,321,880 $ 1,321,880 $ 2,050,840 Downtown Strategy Fund Sales -Excise Tax $ 295,560 $ 295,560 $ 114,084 $ 295,560 295,560 $ 114,084 $ Economic Development Fund Sales -Excise Tax $ $ $ 171,119 $ 171,119 $ $ Grants Miscellaneous 1,540,000 1,540,000 1,498,655 $ 1,540,000 $ 1,540,000 $ 1,498,655 Public Art Public Art $ 210,000 $ 210,000 $ 15,000 $ 210,000 $ 210,000 $ 15,000 Court Enhancement Fund Court Enhancement Fund $ 14,550 $ 14,550 $ 14,550 $ 14,550 $ 14,550 $ 14,550 Cottonwoods Maintenance District Cottonwoods Maintenance District $ 3,315 $ 3,315 $ 4,823 $ 3,315 $ 3,315 $ 4,823 Total Special Revenue Funds $ 3,385,305 $ 3,385,305 $ 3,869,071 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4113 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2014 SOURCE OF REVENUES DEBT SERVICE FUNDS General Obligation Debt Service Secondary Property Tax Interest Income ESTIMATED REVENUES 2013 ACTUAL REVENUES* 2013 d a 0 c d ESTIMATED REVENUES 2014 $ 1,000,800 $ 1,000,800 $ 1,013,040 1,200 1,200 210 $ 1,002,000 $ 1,002,000 $ 1,013,250 Eagle Mountain CFD $ 422,700 $ 422,700 Municipal Property Corp 785,120 785,120 $ 1,207,820 $ 1,207,820 Total Debt Service Funds $ 2,209,820 CAPITAL PROJECTS FUNDS Sales Tax -Local $ 120,000 Grants 5,758,000 Transfers 1,299,000 Miscellaneous 15,000 $ 7,192,000 Law Enforcement Development Fees $ 15,860 Fire/Eme 92ncl Development Fees 3,540 Streets Development Fees 94,802 Parks & Recreation Development Fees 14,790 Libra /Museum Develo ment Fees 1,740 $ 2,209,820 $ 120,000 5,758,000 1,299,000 15,000 $ 7,192, 000 $ 15,860 3,540 94,802 14,790 1,740 $ 430,848 788,000 $ 1,218,848 $ 2,232,098 $ 120,000 3,878,000 2,093,000 8,400,000 $ 14,491,000 $ 15,860 3,540 94,802 14,790 1,740 $ 130,732 1 $ 130,732 $ 130,732 Total Capital Projects Funds $ 7,322,732 $ 7,322,732 $ 14,621,732 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4113 SCHEDULE C 4/13 SCHEDULE C c 0 0 D TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes iv Fiscal Year 2014 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES` REVENUES SOURCE OF REVENUES 2013 2013 2014 PERMANENT FUNDS Total Permanent Funds $ $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. INTERNAL SERVICE FUNDS Internal Service Fund $ 73,065 $ 73,065 $ 61,330 Vehicle Replacement Fund 168,574 168,574 122,782 $ 241,639 $ 241,639 $ 184,112 Total Internal Service Funds $ 241,639 $ 241,639 $ 184,112 TOTAL ALL FUNDS $ 26,757.711 $ 26,757,711 $ 34,090,070 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/13 SCHEDULE C TOWN OF FOUNTAIN HILLS Other Financing SourceskUses> and Interfund Transfers Fiscal Year 2014 FUND GENERAL FUND Annual Debt Pmt for Community Center $ Project F4025 PrJect F4027 _ Interfund charges -vehicle replacement lnterfund char es Total General Fund $ SPECIAL REVENUE FUNDS Excise Tax -Project E8502 $ Excise Tax -Project E8504 Excise Tax -Project S6009 HURF-Project F4002 HURF-Interfund Charges HURF-Interfund Charges -vehicle replace Total Special Revenue Funds $ DEBT SERVICE FUNDS Annual Debt Pmt for Community Center $ OTHER FINANCING 2014 SOURCES <USES> Total Debt Service Funds $ CAPITAL PROJECTS FUNDS Project E8502 $ Project E8504 Project 56009 _ Project F4002 Project F4025 Project F4027 Bond Proceeds 8,200,000 Project 56010 INTERFUND TRANSFERS 2014 IN <OUT> $ 193,500 12,000 16,000 97,537 58,222 $ 377,258 $ 200,000 1,600,000 40,000 225,000 3,109 25,245 $ 2,093,354 $ $ 193,500 $ $ $ 193,500 $ $ $ 200,000 $ 1,600,000 40,000 225,000 16,000 12,000 8,200,000 Total Capital Projects Funds $ 8,200,000 $ 8,200,000 $ 2,093,000 $ PERMANENT FUNDS $ Total Permanent Funds $ ENTERPRISE FUNDS Total Enterprise Funds $ INTERNAL SERVICE FUNDS Interfund Charges $ Vehicle Replacement & Motor Pool $ $ 61,330 $ 122,782 4/13 SCHEDULE 0 $ $ $ Total internal Service Funds $ 184,112 TOTAL ALL FUNDS $ 8,200,000 $ 8,200,000 $ 2,470,612 $ 2,470,612 4/13 SCHEDULE 0 TOWN OF FOUNTAIN HILLS Expenditures/Expenses by Fund Fiscal Year 2014 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 1,321,880 $ 767,000 $ 2,088,880 Downtown Strategy Fund 183,968 183,968 Economic Development Fund Public Art Fund Court Enhancement Fund Grants Fund Cottonwoods Maint District Total Special Revenue Funds DEBT SERVICE FUNDS 210,000 47,250 1,540,000 18,315 $ 3,321,413 $ 767,000 210,000 47,250 1,500, 000 18,315 $ 4,048,413 $ 2,322,318 1,954,079 171,119 15,000 46,875 1,498,655 3,500 $ 6,013,546 General Obligation Bonds $ ADOPTED EXPENDITURE/ 1,015,850 Eagle Mountain CFD 421,110 BUDGETED EXPENSE ACTUAL BUDGETED 1,076,700 EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ 2,552,485 EXPENSES APPROVED EXPENSES* EXPENSES FUND/DEPARTMENT 2013 2013 2013 2014 GENERAL FUND 20,000 20,000 Mayor & Town Council $ 82,811 $ $ 82,811 $ 79,702 Municipal Court 402,933 15,000 402,933 362,401 Administration 2,585,022 (390,350) 2,194,672 2,120,074 Development Services 2,042,578 (35,000) 2,007,578 1,849,106 Community Services 2,233,838 (7,650) 2,226,188 2,232,231 Law Enforcement 2,946,102 2,946,102 3,121,325 Fire & Emergencyedical ,. M.,.,...._ 3,255,335 PERMANENT FUNDS 3,255,335 3,418,218 Total General Fund $ 13,548,619 $ (433,000) $ 13,115,619 $ 13,183,057 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 1,321,880 $ 767,000 $ 2,088,880 Downtown Strategy Fund 183,968 183,968 Economic Development Fund Public Art Fund Court Enhancement Fund Grants Fund Cottonwoods Maint District Total Special Revenue Funds DEBT SERVICE FUNDS 210,000 47,250 1,540,000 18,315 $ 3,321,413 $ 767,000 210,000 47,250 1,500, 000 18,315 $ 4,048,413 $ 2,322,318 1,954,079 171,119 15,000 46,875 1,498,655 3,500 $ 6,013,546 General Obligation Bonds $ 1,002,913 $ $ 1,002,913 $ 1,015,850 Eagle Mountain CFD 421,110 421,110 425,235 Municipal Property Corp 1,076,700 1,076,700 1,111,400 Total Debt Service Funds $ 2,500,723 $ $ 2,500,723 $ 2,552,485 CAPITAL PROJECTS FUNDS Capital Projects $ 11,587,281 $ (334,000) $ 11,253,281 $ 19,198,080 Law Enforcement Dev Fee 5,000 5,000 5,000 Fire/EmergencyFire/Emergency Dev Fee 5,000 5,000 5,000 Streets Dev Fee 20,000 20,000 20,000 Park/Rec Dev Fee 15,000 15,000 15,000 Libra /Museum Dev Fee 5,000 5,000 5,000 Total Capital Projects Funds $ 11,637,281 $ (334,000) $ $ 11,303,281 19,248,080 PERMANENT FUNDS $ $ $ $ Total Permanent Funds ENTERPRISE FUNDS $ $ $ Total Enterprise Funds $ INTERNAL SERVICE FUNDS Internal Service $ 102,370 $ $ 102,370 $ 71,010 Vehicle Replacement 401,000 1,704 402,704 587,200 Total Internal Service Funds $ 503,370 $ 1,704 $ $ 505,074 658,210 TOTAL ALL FUNDS $ 31,511,406 $ 1,704 $ 31,473,110 $ 41,655,378 ' Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4113 SCHEDULE E d a 0 c TOWN OF FOUNTAIN HILLS w Expenditures/Expenses by Department � Fiscal Year 2014 General Fund $ 402,933 $ $ 402,933 Court Enhancement Fund $ 47,250 1 $ $ 47,250 Municipal Court Total $ 450,,183 $ $ 450,183 $ 362,401 $ 48,875 411,276 ,,.,..._... ,Development Services General Fund -HighwayUser Revenue Fund -Eagle Mountain CFD -Capital Projects Streets Development Fee Development Services Total $ 2,042,578 $ 35,000 1,321,880 767,000 421,110 5,969,000 309,000 20,000 $ 9 774 568 $ _ 423,000 $ 2,007,578 2,088,880 421,110 5,660,000 20,000 $ 10,197,,568 $ 1,849,106 2,322,318 425,235 15, 223, 000 20,000 $ 19,839,659 Community Services General Fund $ 2,233,838 $ 7,650 $ 2,226,188 Public Art Fund 210,000 210,000 Ca itaf Projects 398,000 398,000 Park/Roe Development Fee 15,000 15,000 $ 2,232,231 15,000 1,145,000 15,000 v ci i v a+,G u�vcw i i iii a ree Libra /Museum Dev Fee 5,000 5,000 5,000 Community Services Total $ 2,861,838 $(7,P50 $ 2,854,188 $ 3,412,231 Fire & Emergency Medical General Fund $ 3,255,335 $ $ 31255,335 $ 3,418,218 -Capital Projects 2,960,000 2,960,000 700,000 Fire/EmergencyFire/Emergency Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Fire & Emergency Med Total $_6,220,335 $ $ 6,220,335_ $ 4,123,218 Law Enforcement General Fund $ 2,946,102 $ $ 2,946,102 $ 3,121,325 Law Enforcement Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Law Enforcement Total $ 2,951 102 $ $ 2,951,102 $ _ 3,126,325 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4113 SCHEDULE F ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL_ BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES// EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT/FUND 2013 2013 2013 2014 Ma or & Council General Fund $ 82,811 $ $ 82,811 $79,702 Mayor & Council Total $ 82,811 $ $ 82&11 $_ 79,702 Administration General Fund $ 2,585,022 $ (390,350 $ 2,194,672 $ 2,120,074 Downtown Strate Fund 183,968 183,968 1,954,079 Economic Development Fund 171,119 _Special Revenue Fund 1,540,000 1,500,000 1,498,655 General Obligation Debt 1,002,913 1,002,913 1,015,850 Municipal Property Corp 1,076,700 1,076,700 1,111,400 Cottonwoods Maint District 18,315 18,315 3,500 Capital Projects 2,260,281 (25,000) 2,235,281 2,130,080 Internal Service 102,370 102,370 71,010 -Vehicle Replacement 401,000 1,704 402,704 587,200 Administration Tatal $__ 9 170,569 , $. (413}.646? ........ $ „8,716,923 $_. 10,662,967 Municipal Court General Fund $ 402,933 $ $ 402,933 Court Enhancement Fund $ 47,250 1 $ $ 47,250 Municipal Court Total $ 450,,183 $ $ 450,183 $ 362,401 $ 48,875 411,276 ,,.,..._... ,Development Services General Fund -HighwayUser Revenue Fund -Eagle Mountain CFD -Capital Projects Streets Development Fee Development Services Total $ 2,042,578 $ 35,000 1,321,880 767,000 421,110 5,969,000 309,000 20,000 $ 9 774 568 $ _ 423,000 $ 2,007,578 2,088,880 421,110 5,660,000 20,000 $ 10,197,,568 $ 1,849,106 2,322,318 425,235 15, 223, 000 20,000 $ 19,839,659 Community Services General Fund $ 2,233,838 $ 7,650 $ 2,226,188 Public Art Fund 210,000 210,000 Ca itaf Projects 398,000 398,000 Park/Roe Development Fee 15,000 15,000 $ 2,232,231 15,000 1,145,000 15,000 v ci i v a+,G u�vcw i i iii a ree Libra /Museum Dev Fee 5,000 5,000 5,000 Community Services Total $ 2,861,838 $(7,P50 $ 2,854,188 $ 3,412,231 Fire & Emergency Medical General Fund $ 3,255,335 $ $ 31255,335 $ 3,418,218 -Capital Projects 2,960,000 2,960,000 700,000 Fire/EmergencyFire/Emergency Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Fire & Emergency Med Total $_6,220,335 $ $ 6,220,335_ $ 4,123,218 Law Enforcement General Fund $ 2,946,102 $ $ 2,946,102 $ 3,121,325 Law Enforcement Dev Fee $ 5,000 $ $ 5,000 $ 5,000 Law Enforcement Total $ 2,951 102 $ $ 2,951,102 $ _ 3,126,325 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4113 SCHEDULE F 4113 SCHEDULE G epue6V o; ujn;eb TOWN OF FOUNTAIN HILLS Full -Time Employees and Personnel Compensation Fiscal Year 2014 Total Estimated Full -Time Employee Salaries Other Benefit Personnel Equivalent (FTE) and Hourly Costs Retirement Costs Healthcare Costs Costs Compensation FUND 2014 2014 2014 2014 2014 2014 GENERAL FUND 45 $ 2,559,476 $ 234,761 $ 302,041 $ 114,739 = $ 3,211,017 SPECIAL REVENUE FUNDS Highway User Revenue Fund 5 $ 272,553 $ 29,984 $ 57,686 $ 25,036 = $ 385,259 Total Special Revenue Funds 5 $ 272,553 $ 29,984 $ 57,686 $ 25,036 = $ 385,259 DEBT SERVICE FUNDS Total Debt Service Funds $ $ $ $ _ $ CAPITAL PROJECTS FUNDS Total Capital Projects Funds $ $ $ $ _ $ PERMANENT FUNDS Total Permanent Funds $ $ $ $ _ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ $ _ $ TOTAL ALL FUNDS 50 $ 2,832,029 $ 264,745 $ 359,727 $ 139,775 = $ 3,596,276 4113 SCHEDULE G Meeting Date: 6120/2013 Agenda Type: Regular Return to Agenda TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Special Session Submitting Department: Administration Staff Contact Information: Town Manager Ken Buchanan, 480-816-5107, kbuchanan@fh.az.gov Strategic Values: Civic Responsibility Council Goal: Communicate Role of Government REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of Resolution 2013-38, establishing the 2013-14 budget Implementation Policy and approving the Town Organizational charts, the 2013-14 Pay Plan, the Schedule of Authorized Positions and the Employee Job Descriptions. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Financial Policies Staff Summary (background): Resolution 2613-38 governing the expenditures and determinations of supplementing budget adoption of Resolution 2013-23. establishes certain budget policies and procedures budget for the various departments and programs This resolution is necessary to provide for a more consistent and uniform administration of the Town funds and to maximize savings of funds. Staff is also requesting that the Council review the latest Organizational Chart and Pay Plan, the 2013-14 list of Authorized Full -Time Equivalents (FTE's) along with associated job descriptions. The Town has 39 full-time employees and 17 part-time employees, for a total of 56. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $41,655,378 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: NIA Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff is recommending approval of Resolution 2613-38 for the FY2013-14 budget implementation. Page 1 of 2 List Attachment(s): Resolution 2013-38 Return to Agen SUGGESTED MOTION (for Council use): Move to approve Resolution 2013-38, providing general direction on policy administration of the adopted FY13-14 budget and adopting the Town of Fountain Hills Organizational Chart, 2013-14 Authorized Full -Time Equivalents (FTE's) with associated job descriptions, and 2013-14 Pay Plan. 1. Director's Approval: Approved: NA 51300013 A A A f;� 1 #4 C2-1 A Ken uchanan, Town Manager 5/3012013 Page 2 ort Return to Agenda RESOLUTION NO. 2013-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AND ESTABLISHING THE 2013-14 BUDGET IMPLEMENTATION POLICY AND APPROVING THE TOWN ORGANIZATIONAL CHARTS, THE 2013-14 PAY PLAN, THE SCHEDULE OF AUTHORIZED POSITIONS AND THE EMPLOYEE JOB DESCRIPTIONS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), pursuant to ARIZ. REV. STAT. § 9-240 (13)(2), is vested with the power to determine the budgets of all Town departments; and WHEREAS, the Town Council, in order to provide for consistent and uniform administration of the Town's monies and to maximize savings of funds by monitoring expenditures, has determined it necessary to adopt a budget implementation policy for the FY 2013-14 Town Budget (the "2013-14 Budget Policy") governing the expenditures within the FY 2013-14 Town of Fountain Hills budget; and WHEREAS, pursuant to Subsection 3-1-1(H)(3) of the Town Code, the Town Council must approve the organizational chart and job descriptions for employees of the Town. NOW, THEREFORE, BE IT RESOLVED 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 Town Council hereby adopts the 2013-14 Budget Policy in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Town Council hereby approves and authorizes (i) the Town of Fountain Hills Organization Charts, (ii) the 2013-14 Play Plan, (iii) the Schedule of Authorized Positions and (iv) the employee job descriptions, all in the form attached hereto as Exhibit B and incorporated herein by reference. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 20, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Kenneth W. Buchanan, Town Manager 1961523.3 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2013-38 [2013-14 Budget Policy] See following pages. 1961523.3 Return to Agenda Return to Agenda TOWN OF FOUNTAIN HILLS 2013-14 BUDGET IMPLEMENTATION POLICY 1. Definitions. The following definitions shall apply for purposes of this policy. A. "Budget Unit," is a Town department as designated on the Town's organizational chart, including the Town Court. B. "Contingency," appropriation used for unforeseen emergency and critical needs when current budget appropriation is inadequate. C. "Fund," is a fiscal and accounting mechanism with a self -balancing set of accounts recording cash and financial resources. 2. Transfer of Funds. A. Transfers within a Fund. After adoption of the fiscal budget by the Town Council, any Budget Unit has the authority to reprogram funds within its department line items. These departments of the budget will be controlled by bottom line total only. Transfers between General Fund divisions and line items are allowed with the approval of the Department Director and Town Manager. A report of each transfer will approved by the Department Director and submitted to the Finance Division through the financial accounting system for processing; final approval shall be vested with the Town Manager, whose decision shall be final and conclusive. B. Transfers between Funds. After adoption of the fiscal budget by the Town Council, any budgetary transfer between Funds will require approval or ratification of each transfer by the Town Council. Prior to any transfer, the Department must provide sufficient documentation to the Town Manager and the Town Council that funding exists. C. Reprogramingoges. No funds may be reprogrammed to or from the "wages" section of the Budget Unit's adopted budget without consultation with and approval by the Town Manager. The requesting Department Director must submit a memorandum and any necessary supporting documentation to the Town Manager; the Town Manager will notify the Finance Division of approved transfers of funds from the "wages" section of the budget. D. Reprograming .opital Funds. No funds may be reprogrammed to or from the "capital expenditures" section of the Budget Unit's adopted budget without consultation with and approval by the Town Manager and ratification by the Town Council. The requesting Department Director must submit a memorandum and any necessary supporting documentation to the Town Manager. If approved by the Town Council, the Town Manager will notify the Finance Division of the reprogrammed funds. E. Carryover Appropriations. The Finance Division may approve appropriation transfers for carried over operating/capital items (i.e., IT infrastructure, equipment, vehicles and facility improvements) if the Town Council previously appropriated the operating/capital item in a prior fiscal year. All carryover appropriation transfers must be 196]537.1 Return to Agenda submitted to the Town Council for ratification; all carryover appropriation transfers shall be reflected in the appropriate budget reports. 3. Expenditure Restrictions. A. Budget Hold for Prior Exceedence. Any General Fund Budget Unit that exceeded its budget in the prior fiscal year may be subject to immediate budget hold status in the current fiscal year. However, if a Budget Unit exceeded its budget in the prior fiscal year due to a one-time emergency purchase, and proof of such an emergency (in a form acceptable to the Town Manager) can be shown, the budget hold status will be removed. B. Expenditure Limitations. The following expenditure limitations shall be imposed upon each Budget Unit in the General Fund by the Town Council: (1) Not more than eighty (80%) percent of the total division line items combined of a Budget Unit's adopted budget may be expended before December 31 of each fiscal year. (2) Not more than eighty-five (85%) percent of the total division line items combined of a Budget Unit's adopted budget may be expended before March 31 of each fiscal year. (3) Not more than ninety (90%) percent of the division line items combined of a Budget Unit's adopted budget may be expended before April 30 of each fiscal year. (4) Not more than ninety-five (95%) percent of the division line items combined of a Budget Unit's adopted budget may be expended before May 31 of each fiscal year. (5) No Budget Unit's combined line items may exceed ninety-eight (98%) percent of its adopted budget during the month of June of each fiscal year, without first (a) contacting the Finance Division and (b) receiving approval from the Town Manager. (6) The expenditure limitations are intended as management indicators and are not intended to automatically trigger Subsection (C) below. The Town Manager will direct the implementation of Subsection (C). C. Remedies for Budget Exceedence. Once a Budget Unit has exceeded any of the expenditure limitations set forth in subsections (B)(1)-(6) above, the Finance Division shall notify the Budget Unit, in writing, that the appropriate expenditure limit has been exceeded. The Budget Unit must then consult and reach an agreement with the Finance Division and the Town Manager regarding the remedies available to either restore spending to a level approved in the budget for the balance of the fiscal year or to request additional funds as set forth in Subsection 3(D) below. 1961537.1 2 Return to Agenda D. Requests for Additional Funds. When additional funds from other sources are requested, the Finance Division and Town Manager must concur before the Budget Unit may expend the additional funds. If the expenditure of additional funds will require a fund transfer, the recommendation shall be forwarded to the Town Council for approval. Any Budget Unit that has exceeded the limitations set forth in Subsection 3(B) of this policy shall submit an expenditure reduction program to the Town Manager through the Finance Division as part of any request for additional expenditures. The expenditure reduction program shall include, but not be limited to, consideration of reductions in force of budgeted and authorized positions, termination of all travel expenditures, suspension or termination of contracts and such other expenditure reductions as the Budget Unit deems appropriate. E. Violation of Limits. If a Budget Unit is in violation of the expenditure limits set forth in Subsection 3(B) above, and the Town Manager and Town Council do not approve additional funds as set forth in Subsection 3(D) above, the Finance Division is authorized and directed to enforce this policy in the following manner: (1) The Finance Division shall not process requisitions for purchases or payments from any Budget Unit that has the expenditure limitations, except for: (a) re- occurring expenses that are billed to the Town on a regular and continuous basis pursuant to an agreement or contract between the Town and the vendor; or (b) expenditures that have been authorized by the Town Manager and/or the Town Council. (2) Procurement card use may be limited or suspended. 4. Fund Balance. All budget considerations, including expenditure of appropriated funds, shall adhere to the Town of Fountain Hills Financial Policies, Amended and Restated June 18, 2009, attached hereto as Exhibit 1, or the most recent version of later -adopted editions of such financial policies. 5. Fiscal Priorities. The 2013-14 budget is intended to implement the Town Council's top fiscal priorities of public safety, pavement management and core services. Following after these top priorities, the Operation Priorities and the Strategic Plan Goals approved by the Town Council on September 20, 2012, shall be implemented. 6. Positions. A. General Provisions. (1) Section 3-1-1 of the Town Code states that the Town Manager shall be the administrative officer of the Town government and may appoint and, when necessary, suspend or remove all employees of the Town, except those officers appointed by the Town Council. All appointments and removals shall be based upon merit and upon the qualifications and disqualifications of such employee without regard to any political belief or affiliation; prior to any creation, combination, consolidation or deletion 1961537.1 3 Return to Agenda of any positions of employment, written job descriptions or amendments thereto shall have been approved by the Town Council. (2) All requests for new positions or reclassification of existing positions, regardless of the funding source, must be approved by the Town Council. Reclassification of existing positions (filled and vacant) should include justification of why budget savings, including savings from deleted positions, should be used to create new positions and how the position will align/impact Town strategic priorities and departmental goals. Departments must submit their requests to Human Resources; Human Resources will review job description and salary information prior to forwarding information to the Town Manager. The Town Manager will review and recommend/deny the position for approval by the Town Council. (3) Intergovernmental agreements, grants, etc. that require/authorize additional positions must be approved by the Town Council. The position and the budgetary impact must be fully disclosed to Human Resources and the Finance Division, which shall be responsible for analyzing the input and presenting such analysis to the Town Council in conjunction with any request for approval as part of an intergovernmental agreement, grant, or other agreement. (4) All authorized positions must be fully -funded by the general fund, a special revenue fund, or a grant. If a position becomes unfunded or under -funded by its original funding source, it must be fully funded immediately from other sources or eliminated. An under -funded position is a position for which a department/funding source has only 1% to 99% of the funding required to support it on an annualized basis. If eliminating unfunded or under -funded positions results in a Reduction in Force, the Human Resources Administrator shall prepare a layoff plan for approval by the Town Manager. B. Fiscal Year 2013-14 Authorized Positions. There are no new positions or combination, consolidation or deletion of any positions proposed in the FY 2013-14 fiscal budget; all positions existing at the end of FY 2013-14 are carried over. The schedule of Authorized Positions, Pay Plan, Town organizational charts and updated job descriptions are attached as Exhibit B to the Town Council Resolution which adopts this Policy (Resolution 2013-25). 6. Hiring Freeze. There is no hiring freeze in effect for FY 2013-14, and positions that become vacant may be filled if the Town Manager determines that it is in the best interests of the Town to do so. 7. Cost of Living and Merit Increase. All Fountain Hills employees, regardless of funding source, will receive a cost of living increase effective July 1, 2013 in an amount of 1.0%. On each employee's anniversary date, she/he will be eligible to receive a 1.5% merit increase, based upon performance. Compensation for the Town Council, Town Manager and Town Presiding Judge shall be as set forth in the Town Code (for the Town Council) or their respective employment agreements (for the Town Manager and Town Presiding Judge). 1961537.1 4 Return to Agenda 8. ContingencyAppropriation. The purpose of a Contingency appropriation is to maintain a reserve of expenditure authority from which specific amounts can be transferred to other appropriated budgets after adoption of the annual budget to cover emergency or critical items if there are sufficient revenues to do so. Contingency appropriations will be established within the Town Manager budget for general purposes or reserved for specific issues. All requests for General Fund Contingency must be submitted to the Town Manager for review. If the Contingency expenditure exceeds the Town Manager's purchasing authority the Town Council must approve or ratify all transfers from Contingency appropriations. 9. Tax Lew. The Town's secondary property tax levy is exclusively for the annual debt service payment on General Obligation bonds issued and approved by the voters; the annual levy is based on the annual debt payment divided by the entire community's secondary assessed valuation divided by 1,000. An allowance for delinquency factor is included in the calculation (usually 2%). The Town does not have a primary property tax. 10. Budget Adoption. This budget is being adopted by the Town Council at a fund level. Each fund is a fiscal and accounting mechanism with a self -balancing set of accounts recording cash and other financial resources. The department level budget detail that is contained within the financial system is designed and used wholly as a management tool for the individual departments. A sub -fund may also be created to track a specific project or goal and is used as a tool for management purposes. A sub -fund would be an extension of major fund such as a project fund. 11. Vehicles/Equipment and Infrastructure Projects. The Town Council will approve specific positions, vehicles, equipment and facility infrastructure projects as part of the FY 2013-14 budget. Additional funding requested during the fiscal year must be submitted to the Town Council for approval or ratification. A. Mid -year Requests. All mid -year General Fund vehicle and equipment requests that exceed $5,000 and capital items (account series 8010) must be approved by the Deputy Town Manager/Finance Director. Approval is required when using existing resources or requesting additional resources. Requests shall be made in writing to the Deputy Town Manager/Finance Director, who shall grant or deny the request. If denied, a request for reconsideration may be presented to the Town Manager, whose decision is final. B. Infrastructure Requests over $50,000. All infrastructure project requests that exceed $50,000 regardless of the funding source must be submitted to the Finance Division for review prior to forwarding information to the Town Manager. The Town Manager will recommend the project for approval by the Town Council. 1961537.1 5 Return to Agenda EXHIBIT 1 TO THE TOWN OF FOUNTAIN HILLS 2013-14 BUDGET IMPLEMENTATION POLICY [Town of Fountain Hills Financial Policies, Amended and Restated June 7, 2012] See following pages. 196]537.1 Return to Agenda TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES Amended and Restated June 7, 2012 I. INTRODUCTION The Mayor and Town Council (the "Town Council") of the Town of Fountain Hills (the "Town") understands that principles of sound financial management establish the framework for overall fiscal planning and management. The principles set forth guidelines for both current activities and long range planning. Following these principles will enhance the Town's financial health as well as its image and credibility with its citizens, the public in general, bond rating agencies and investors. The policies will be reviewed annually to assure the highest standards of fiscal management. Policy changes will be needed as the Town continues to grow and becomes more diverse and complex in the services it provides, as well as the organization under which it operates, to provide these services to its citizens. The Town Manager and staff have the primary role of reviewing and providing guidance in the financial area to the Town Council. II. OVERALL GOALS The overall financial goals underlying these principles are: 1. Fiscal Conservatism. To ensure that the Town is, at all times, in a solid financial condition, defined as: A. Cash solvency — the ability to pay bills. B. Budgetary solvency — the ability to balance the budget. C. Long run solvency — the ability to pay future costs. D. Service level solvency — the ability to provide needed and desired services. E. Adhering to the highest accounting and management practices as set by the Government Finance Officers' Association standards for financial reporting and budgeting, by the Governmental Accounting Standards Board (GASB) and other professional standards. 2. To maintain an Aa3 or better bond rating in the financial community to assure the Town taxpayers that the Town government is well managed and financially sound. 3. To have the ability to withstand local and regional economic fluctuations, to adjust to changes in the service requirements of our community, and to respond to changes in Federal and State priorities and funding as they affect the Town's residents. 1726950.2 Return to Agenda 4. To deliver quality services in an affordable, efficient and cost-effective basis providing full value for each tax dollar. III. FUND BALANCE Fund balance is defined as the cumulative difference of all revenues and expenditures, also considered the difference between fund assets and fund liabilities, known as fund equity. The purpose of this policy is to establish a key element of the financial stability of the Town by setting guidelines for fund balance. It is essential that the Town maintain adequate levels of fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures and similar circumstances. The fund balance also provides cash flow liquidity for the Town's general operations. Fund balance is an important indicator of the Town's financial position and adequate reserves must be maintained to allow the Town to continue providing services to the community during periods of economic downturns and/or unexpected emergencies or requirements. The level of Fund Balance is related to the degree of uncertainty that the Town faces. A prudent level of financial resources is necessary to protect against the need to reduce service levels or raise taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. With the Town dependency upon State Shared Income and State Sales Tax revenues for one third of the General Fund budget, there is increased opportunity for fluctuation. Additionally, a significant portion of Town revenue is received from sales taxes — both state shared and local - which are sensitive to fluctuations in the economy. Therefore, the level of reserves needs to be sufficient to ensure stability in on-going government operations during a slowdown in the economy or legislative changes to the revenue sharing formula. Fund balance is one of the most widely used elements of state and local government financial statements by (1) municipal bond analysts through credit reviews and ratings, (2) taxpayer associations, (3) research organizations and oversight bodies, (4) state, county and local legislators and officials, (5) financial statement users and (6) reporters. Other objectives that influence the size of the fund balance are: 1. Credit reviews performed by municipal bond analysts. 2. Preserving or improving the Aa3 bond rating. 3. Maintaining a positive trend to historical fund balances. 4. Maintaining a rating equal to or better than surrounding communities. 5. Maintaining ratios consistent with desired outcomes of ten key ratios of financial condition (Government Finance Review, Dec. 1993). The Governmental Accounting Standards Board ("GASB") has found that usefulness and value of fund balance information provided is significantly reduced by misunderstandings regarding 1726950.2 2 Return to Agenda the message that it conveys, and the inconsistent treatment and financial reporting practices of governments. GASB recently issued a pronouncement, GASB Statement 54 ("GASB 54"), that applies to all financial reports of all state and local governmental entities; GASB 54 intended to improve financial reporting by providing fund balance categories and classifications that will be more easily understood. Definitions: Fund Equity – a fund's equity is generally the difference between its assets and its liabilities Fund Balance – an accounting distinction is made between portions of fund equity that are spendable and nonspendable. These portions are broken into five categories: • Nonspendable fund balance—Includes amounts either not in spendable form or legally or contractually required to be maintained intact, such as the principal balance of an endowment or permanent fund. This would include inventory, prepaids, and non-current receivables such as long-term loan and notes receivable and property held for resale (unless the proceeds are restricted, committed or assigned). • Restricted fund balance—Reflects the same definition as restricted net assets on the government -wide Statement of Net Assets; constraints placed on the use of amounts are either (1) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or (2) imposed by law through constitutional provisions or enabling legislation. • Committed fund balance—Includes amounts that are committed for specific purposes by formal action of the Town Council. Amounts classified as "committed" are not subject to legal enforceability like restricted fund balance; however, those committed amounts cannot be used for any other purpose unless the Town Council removes or changes the limitation by taking the same form of action it employed to previously impose the limitation. The action to commit fund balances must occur prior to year end; however, actual amounts can be determined in the subsequent period. • Assimned fund balance—Amounts that are intended by the Town to be used for specific purposes, but are neither restricted nor committed, should be reported as assigned fund balance. Intent should be expressed by the Town Council itself or a subordinate high- level body or official possessing the authority to assign amounts to be used for specific purposes in accordance with policy established by the Town Council. This assignment would include any activity reported in a fund other than the General Fund that is not otherwise restricted more narrowly by the above definitions. The Town is not allowed to assign balances that result in a residual deficit. • Unassigned fund balance—Includes any remaining amounts after applying the above definitions (amounts not classified as nonspendable, restricted, committed or assigned). Planned spending in the subsequent year's budget would be included in the unassigned 1726950.2 3 Return to Agenda Fund Balance category. The General Fund is the only fund that will report a positive unassigned balance. General Fund The Town fund balance may consist of up to five (5) components, as described above. In order to satisfy the objective of maintaining a bond rating equal to or better than surrounding peer communities, a combined General Fund operating fund balance of at least 30% of revenues is recommended. Committed Fund Balance (previously Reserved Fund Balanced The Town will maintain a committed fund balance in the General Fund of 20% of the average actual General Fund revenues for the preceding five fiscal years, indicating stable fiscal policies. The maintenance of this fiscal balance is a particularly important factor considered by credit rating agencies in their evaluation of the credit worthiness of the Town. It is of primary importance that the Town's credit rating be protected. 1. Rainy Day Fund to be Maintained. As a component of the Committed fund balance the Town will maintain a Rainy Day Fund, separate and apart from the Unassigned General Fund, which shall be designated for use in the event of an unanticipated expenditure or loss of revenue. The Rainy Day Fund balance at the end of any fiscal year will be equal to no less than 30 days of operating expenditures for the upcoming fiscal year. This contingency will provide for the temporary financing of an unforeseen nature for that year. Expenditures for these emergency or unforeseen appropriations can only be undertaken with Town Manager approval and only if funds are not available in the department requesting the contingency funding. 2. Guidelines for Rainy Day Fund. In order to achieve the objectives of this policy, and to maintain sufficient working capital and a comfortable margin of safety to address emergencies and unexpected declines in revenue without borrowing, the following guidelines shall be adhered to by the Town Manager, Town staff and Town Council: A. Deposit Rules. (1) The initial Rainy Day Fund deposit shall be made by transferring the total amount of the "undesignated unreserved fund balance" from the General Fund to the Rainy Day Fund. (2) At the end of each fiscal year, the Town Council shall transfer 5% of any surplus revenues (before transfers to the Capital Projects Fund) to the Rainy Day Fund. Deposits shall be made as set forth herein until the Rainy Day Fund balance is equal to 10% of the average of the General Fund revenues for the immediately preceding five years. 1726950.2 4 Return to Agenda B. Use Rules. Rainy Day Funds may only be expended for any one of the following purposes or under the following circumstances: (1) To replace the loss of more than 25% of the Town's local share of State Shared Revenues received pursuant to Aziz. REv. STAT. § 43-206. (2) For any event that threatens the health, safety or welfare of the Town's citizens. (3) For any event that threatens the fiscal stability of the Town. (4) To address any matter declared as an emergency by the Governor or the Mayor. C. Withdrawal Rules. All withdrawals from the Rainy Day Fund shall be subject to the following rules: (1) Any appropriation shall require the approval by at least 2/3 of the entire Town Council. (2) The maximum amount of Rainy Day withdrawals in any fiscal year shall not exceed one-half of the total balance in the fund. D. Replenishment Rules. Any amounts withdrawn from the Rainy Day Fund shall be replenished as follows (and such repayment shall be in addition to the annual deposits set forth above): (1) All amounts shall be repaid in not more than five years, in equal annual installments of not less than 1% of the previous fiscal year General Fund balance. (2) Repayments shall be appropriated as part of the annual budget adoption. Assigned Fund Balance (previously Designated Unreserved Fund Balance). The Town will maintain an assigned fund balance in the General Fund of a minimum 10% of the average actual General Fund revenues for the preceding five fiscal years. These designated unreserved fund balances will be assigned for (1) "pay-as-you-go" capital replacement expenditures, (2) equipment replacement, (3) capital projects, (4) prepaying existing Town debt or (5) any other expenditure that is non-recurring in nature. The 10% is the minimum and is based on the Property and Equipment Replacement Schedule which may be increased to accelerate accumulation of funds for a large capital expenditure. To the extent these balances are expended, additional funds necessary to restore this additional 10% amount will be provided in at least approximately equal contributions during the five fiscal years following the fiscal year in 1726950.2 5 Return to Agenda which the event occurred. The assigned General Fund balance can only be authorized for expenditure by upon recommendation of the Town Manager and vote of the Town Council. Unassigned Fund Balance. Funds in excess of the balances described in the paragraphs above will be Unassigned General Fund balance, unless otherwise assigned in accordance with GASB 54. By Resolution, the Town Council has allocated General Fund surplus funds to be (1) transferred to the Rainy Day Fund, (2) used to supplement "pay as you go" capital outlay expenditures Capital Projects Fund or (3) used to prepay existing Town debt. These funds may not be used to establish or support costs that are recurring in nature. During the annual budget process the Town Manager will estimate the surplus or deficit for the current year and prepare a projection of the year-end unassigned General Fund balance. Such projection will include an analysis of trends in fund balance levels on an historical and future projection basis. The Deputy Town Manager/Finance Director is authorized to assign available fund balance for specific purposes in accordance with GASB 54. It is the policy of the Town that expenditures for which more than one category of fund balance could be used, that the order of use is: Nonspendable Fund Balance, Restricted Fund Balance, Committed Fund Balance, Assigned Fund Balance, and Unassigned Fund Balance. These guidelines will be reviewed by the Town Manager every three years following adoption (or sooner at the direction of the Town Council). Special Revenue Funds 1. HURF. The Highway User Revenue Fund ("HURF"), is required to be used solely for street and highway purposes. The fund depends upon State Shared Revenues for over 90% of annual revenues. The restricted Fund Balance will be based on the minimum requirement as specified in the schedule for projects funded with Special Revenue or grant funds. The schedule will be reviewed on an annual basis to determine the required revenue bond amount to be set aside as unassigned Fund Balance. 2. Excise Tax. The Excise Tax (0.4% of Local Sales Tax) Fund is a committed fund dedicated to Economic Development and Land Preservation. The Fund Balance saved in this fund will be no less than the annual debt service payment for land preservation and prior year available funds for Downtown Development. Debt Service Funds The Debt Service Fund is established for the payment of principal and interest on bonded indebtedness and as such is a restricted fund. Revenues are derived from a property tax levy, pledged excise taxes, municipal property lease payments and shared revenues. Revenues are received in amounts sufficient to pay the annual debt service payment; therefore, the restricted Fund Balance will be no less than the annual debt service payment due on July 1 of the new fiscal year and no more than the annual debt service payment due on July 1 plus an amount equal to 2% greater than the annual delinquency factor based on the prior five years delinquency rates. 1726950.2 6 Return to Agenda Capital Project Funds A capital improvement fund has been established as a committed fund to allow the Town to accumulate monies for (1) purchase of land or buildings, (2) improvements to Town -owned properties, (3) grant matches associated with capital improvements, (4) public safety projects and equipment purchases, (5) economic development projects and (6) such other capital projects as determined by the Town Council. The capital improvement fund will be funded by: (A) sales of real and personal property belonging to the Town; (B) general fund transfer of any excess revenues collected over budgeted and unexpended appropriations not needed to meet fund balance requirements or re -appropriation; and (C) interest earnings on the balance of the fund invested per the Town's investment policy. Accounted for separately, but considered part of the Capital Project Fund, are accumulated development fees collected pursuant to ARiz. REV. STAT. § 9-463.05 that are assessed on new construction for the purpose of funding growth. These funds are restricted to growth -related capital expenditures as designated in the Town's adopted Infrastructure Improvements Plan. The Fund Balance will be established each fiscal year during the budget process depending on planned expenditures but cannot exceed accumulated revenues. The Town shall first be entitled to recoup the cost of any capital improvements, infrastructure, marketing or sales -related costs associated with the disposition of property before crediting the capital improvement fund (for funds other than development fees). The Town Council may approve the uses of the capital improvement fund as a part of its annual budget or by motion and affirmative vote at a time the expenditures are approved. IV. FINANCIAL PLANNING Fiscal planning refers to the process of identifying resources and allocating those resources among competing purposes. The primary vehicle for this planning is the preparation, monitoring and analyses of the Town's budget. It is increasingly important to monitor the performance of the programs competing to receive funding. 1. The Town Manager shall submit to the Town Council a proposed annual budget, which shall be submitted to the Town Council and the public for review in accordance with ARiz. REv. STAT. § 42-17001, et seq. The Town will budget revenues and expenditures on the basis of a fiscal year which begins July 1 and ends on the following June 30. The Town Council will adopt the budget no later than June 30, and the Town Manager shall execute the Town Council policies as set forth in the finally adopted budget. 2. The Town Manager or authorized designee will prepare a budget in accordance with the guidelines established by the Government Finance Officers Association in its Distinguished Budget Award Program. The proposed budget will contain the following: A. Revenue estimates by major category, by major fund. 1726950.2 7 Return to Agenda B. Expenditure estimates by department levels and major expenditure category, by major fund. C. Estimated fund balance by major fund. D. Debt service by issue detailing principal and interest amounts by fund. E. Proposed personnel staffing levels. F. A detailed schedule of capital projects, including a capital improvement program. G. Any additional information, data, or analysis requested of management by the Town Council. 3. The operating budget will be based on the principle that current operating expenditures, including debt service, will be funded with current revenues creating a balanced budget. The Town will not balance the current budget at the expense of meeting future years' expenditures; for example, accruing future years' revenues or rolling over short-term debt to avoid planned debt retirement. 4. Ongoing operating costs should be supported by ongoing, stable revenue sources. This policy protects the Town from fluctuating service levels, and avoids crises when one-time revenues are reduced or removed. Revenues from growth or development should be targeted to costs related to development, or invested in improvements that will benefit future residents or make future service provision efficient. 5. The Town Manager will provide an estimate of the Town's revenues annually for each fiscal year. The estimates of special (grant, excise tax, etc.) revenues and interf ind transfers will also be provided by the Town Manager. 6. The budget will fully appropriate the resources needed for authorized regular staffing. At no time shall the number of regular full-time employees on the payroll exceed the total number of full-time positions authorized by the Town Council. All personnel actions shall be in conformance with applicable Federal and State law and all Town ordinances and policies. 7. The Town Manager shall provide, annually, a budget preparation schedule outlining the preparation timelines for the proposed budget. Budget packages for the preparation of the budget, including forms and instructions, shall be distributed to Town departments in a timely manner for the Department's completion. Department Directors shall prepare and return their budget proposals to the Administration Department, as required in the budget preparation schedule. 1726950.2 8 Return to Agenda 8. Performance measurement indicators will be integrated into the budget process as appropriate. 9. Alternatives for improving the efficiency and effectiveness of the Town's programs and the productivity of its employees will be considered during the budget process. Duplication of services and inefficiency in service delivery should be eliminated wherever they are identified. 10. Department Directors are required to monitor revenues and control expenditures to prevent exceeding their total departmental expenditure budget. It is the responsibility of these Department Directors to immediately notify the Town Manager of any exceptional circumstances that could result in a departmental expenditure budget to be exceeded. 11. A quarterly report on the status of the General Fund budget and trends will be prepared within 60 days of the end of each quarter by the Town Manager or authorized designee. In addition, the quarterly report shall include revenue and expenditure projections through the end of the fiscal year. 12. If a deficit is projected during any fiscal year, the Town will take steps to reduce expenditures, increase revenues or, if a deficit is caused by an emergency, consider using the Rainy Day Fund, to the extent necessary to ensure a balanced budget at the close of the fiscal year. The Town Manager may institute a cessation during the fiscal year on hirings, promotions, transfers, and capital equipment purchases. Such action will not be taken arbitrarily and without knowledge and support of the Town Council. V. EXPENDITURE CONTROL The Town Manager shall ensure compliance with the legally adopted budget. In addition, purchases and expenditures must comply with all applicable legal requirements. 1. Expenditures will be controlled by an annual budget at the departmental level. The Town Council shall adopt appropriations through the budget process. Written procedures will be maintained for administrative approval and processing of certain budget transfers within funds. 2. The Town will maintain a purchasing system that provides needed materials in a timely manner to avoid interruptions in the delivery of services. All purchases shall be made in accordance with the Town's purchasing policies, guidelines and procedures and applicable state and federal laws. The Town will endeavor to obtain supplies, equipment and services as economically as possible. 3. Expenditures will be controlled through appropriate internal controls and procedures in processing invoices for payment. 1726950.2 9 Return to Agenda 4. The State of Arizona sets a limit on the expenditures of local jurisdictions. The Town will comply with these expenditure limitations and will submit an audited expenditure limitation report, audited financial statements and audited reconciliation report as defined by the Uniform Expenditure Reporting System (ARiz. REv. STAT. § 41-1279.07) to the State Auditor General each year. 5. Assets will be capitalized at $10,000 and will be recorded in the Town of Fountain Hills Summary of General Fixed Assets. VI. REVENUES AND COLLECTIONS All government employees are considered stewards of public funds. In order to provide funding for service delivery, the Town must have reliable revenue sources. These diverse revenues must be collected equitably, timely and efficiently. 1. The Town's goal is a General Fund revenue base that is equally balanced between sales taxes, state shared revenues, property tax, service fees and other revenue sources. 2. The Town will strive for a diversified and stable revenue base to shelter it from economic changes or short-term fluctuations and in any one revenue source by doing the following: A. Establishing new charges and fees as needed and as permitted by law at reasonable levels. B. Pursuing legislative change, when necessary, to permit changes or establishment of user charges and fees. C. Aggressively collecting all revenues, late penalties, outstanding taxes owed and related interest as authorized by law. 3. The Town Manager or authorized designee will monitor all taxes to ensure they are equitably administered and collections are timely and accurate. Fees and charges should be based on benefits and/or privileges granted by the Town, or based on costs of a particular service. 4. The Town Manager or authorized designee should pursue intergovernmental aid for those programs and activities that address a recognized need and are consistent with the Town's long-range objectives. Any decision to pursue intergovernmental aid should include the consideration of the following: A. Present and future funding requirements. B. Cost of administering the funds. 1726950.2 10 Return to Agenda C. Costs associated with special conditions or regulations attached to the grant award. 5. The Town will attempt to recover all allowable costs (both direct and indirect) associated with the administration and implementation of programs funded through intergovernmental aid. In the case of the Fountain Hills Unified School District, the Town may determine to recover less than full cost of services provided. In the case of State and federally mandated programs, the Town will attempt to obtain full funding for the service from the governmental entity requiring the service be provided. Allowable costs will be determined based upon a "Cost Allocation Study" prepared periodically. 6. Local sales tax revenues are derived from several sources with a significant portion from construction related activity. To ensure that the revenues from growth or development are targeted to costs related to development, or invested in improvements that will benefit future residents or make future service provision efficient, the Town will designate 85% of those one-time revenues to the Capital Projects Fund. At the end of each fiscal year these revenues will be transferred from the General Fund to the Capital Projects Fund for future appropriation. VII. USER FEE COST RECOVERY User fees and charges are payments for voluntarily purchased, publicly provided services that benefit specific individuals. The Town relies on user fees and charges to supplement other revenue sources in order to provide public services. 1. The Town may establish user fees and charges for certain services provided to users receiving a specific benefit. 2. User fees and charges will be established to recover as much as possible the direct and indirect costs of the program or service, unless the percentage of full cost recovery has been mandated by specific action of the Town Council. It is recognized that occasionally competing policy objectives may result in reduced user fees and charges that recover a smaller portion of service costs. 3. Periodically, the Town will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other attendant costs. VIII. DEBT POLICY The purpose of this debt policy is to provide for the preservation and enhancement of the Town's bond ratings, the maintenance of adequate debt service reserves, compliance with debt instrument covenants and provisions and required disclosures to investors, underwriters and rating agencies. The Town's overall debt management policy is to ensure that financial resources are adequate in any general economic situation to not preclude the Town's ability to pay its debt when due. 1726950.2 11 Return to Agenda These policies are meant to supplement the legal framework of public debt laws provided by the Arizona Constitution, State Statutes, Federal tax laws and the Town's current bond resolutions and covenants. The Arizona Constitution limits a city or town's bonded debt capacity (outstanding principal) to certain percentages of the Town's secondary assessed valuation by the type of project to be constructed. There is a limit of 20% of secondary assessed valuation for projects involving water, sewer, artificial lighting, parks, open space, public safety, transportation, streets and recreational facility improvements. There is a limit of 6% of secondary assessed valuation for any other general-purpose project. 1. General. A. The Town will (1) use current revenues to pay for short-term capital projects, repair and maintenance items and (2) reserve long-term debt for capital improvements with useful lives of ten years or more. The Town will not use long-term debt to fund current governmental operations and will manage its cash flow in a fashion that will prevent any borrowing to meet working capital needs. However, exclusive reliance upon pay-as- you-go funds for capital improvements requires existing residents to pay for improvements that will benefit new residents who relocate to the area after the expenditure is made. Financing capital projects with debt provides for an "intergenerational equity", as the actual users of the capital asset pay for its cost over time, rather than one group of users paying in advance for the costs of the asset. Where there is a benefit to all future residents, debt financing should be given consideration. B. To increase its reliance on current revenue to finance its capital improvements, and promote a "pay-as-you-go" philosophy, the Town will appropriate each year a percentage of current revenues to maintain a minimum 10% of average actual General Fund revenues for the preceding five fiscal years in the Assigned Fund Balance. 2. Capital Improvement Plan. A. As part of the budget process each year the Town Manager or authorized designee will prepare a capital spending plan that provides a detailed summary of specific capital projects for the five fiscal years subsequent to the fiscal year presented. The plan will include the name of the project, project schedule, capital cost by fiscal year and a recommended specific funding source. The five year capital improvement plan will be developed within the constraints of the Town's ability to finance the plan. B. The Town Manager and Department Directors will develop formal ranking criteria that will be used in the evaluation of all capital projects. The program ranking criteria will give greatest weight to those projects which protect the health and safety of its citizens. Pay-as-you-go project 1726950.2 12 Return to Agenda Aia financing shall be given the highest priority. Capital improvements that must rely upon debt financing shall be accorded a lower priority and projects with a useful life of less than ten years shall not be eligible for inclusion in bond issues. C. Lease purchase financing shall only be undertaken when the project is considered essential to the efficient operation of the Town or to remove expenditures that would exceed the State imposed expenditure limitation. The Town Manager or authorized designee shall be responsible for ensuring that pay-as-you-go expenditures do not cause the State imposed expenditure limitation to be exceeded in any fiscal year. D. All capital project requests will be accompanied by a description of the sources of funding to cover project costs. Where borrowing is recommended, a dedicated source of funds to cover debt service requirements must be identified. All capital project requests will be required to identify any impact the project may have on future operating costs of the Town. The Town will seek grants to finance capital improvements and will favor those projects which are likely to receive grant money. E. All capital project appropriations and amendments to the capital improvement plan must be approved by the Town Council. F. The capital plan will include all equipment and facilities with a useful life of greater than ten years and a cost greater than $50,000. Debt financing shall not exceed the useful life of the infrastructure improvement or asset. G. Seven steps in preparation of Capital Improvement Program: (1) Establish Capital Improvement policies. (a) Time period the CIP will cover. (b) Facilities/equipment that will be included in the CIP. (c) How acquisition of multiple items (e.g. computers) will be treated. (d) Identification of projects that are expected to be undertaken, but fall outside the time horizon of the plan. (2) Adopt Standards to rank project requests. (a) Projects that address a public health or safety concern are given top priority. 1726950.2 13 Return to Agenda (b) Projects mandated by a court of competent jurisdiction or a (d) government with authority over the Town are equal with (e) public health or safety. (c) Major maintenance (preservation of assets). (d) Replacement of obsolete equipment (improving efficiency). (e) Expansion to meet demand caused by growth. (f) Coordination of projects to achieve cost savings. (g) Availability of cash to finance improvements from current revenues. (h) Acquisition of open space. (3) Perform and maintain a capital inventory and identify useful life. (4) Identify projects. (a) Status review of previously approved projects. (b) Identification of new projects. (c) Assess capital project alternatives. (d) Complete project request forms. (5) Assess funding sources. (a) Available grants. (b) Development fees shall be utilized to fund capital projects before pay-as-you-go and bond issuance financing. (c) Developer contributions. (d) Public/Private partnerships. (e) Issuance of Securities. (f) Capital Leases. (6) Approve the CIP and Budget. 1726950.2 14 Return to Agenda (a) Legislative review. (b) Public hearing. (c) Adoption of the CIP and capital budget. The Town of Fountain Hills capital improvement program ranking criteria will give greatest weight to those projects which protect the health and safety of its citizens. Pay-as-you-go project financing shall be given the highest priority. Capital improvements that must rely upon debt financing shall be accorded a lower priority. All capital project requests will be accompanied by a description of the sources of funding to cover project costs. Where borrowing is recommended, the source of funds to cover debt service requirements must be identified. All capital project requests will be required to identify any impact the project may have on future operating costs of the Town. Department Directors will submit a detailed description of the useful life of capital projects submitted in conjunction with the preparation of the Town's CIP. Projects with a useful life of less than ten years shall not be eligible for inclusion in bond issues except in extraordinary circumstances. The Town Manager shall incorporate an estimate of the useful life of proposal capital improvements in developing an amortization schedule for each bond issue. If a short- lived asset or project (less than ten years) is included in a bond issue then the bond amortization schedule shall be adjusted to reflect the asset's rapid depreciation. At no time shall the amortization exceed the life of the asset. 3. Financing Alternatives. A. Financing alternatives include, but are not limited to: (1) Grants. (2) Developer Contributions. (3) General Obligation Bond — requires voter approval, supported by an ad valorem (property) tax. (4) Revenue Bonds — repaid with dedicated revenue stream (HURF, revenue generated by project). (5) Municipal Property Corporation Bonds — repaid with a dedicated revenue source. (6) CFD or Special District Bonds — supported by an ad valorem property tax. (7) Capital Leases — repaid within operating budget. 1726950.2 15 Return to Agenda (8) Commercial Paper (CP) or Bond Anticipation Notes (BAN) with terms less than two years. B. Town Debt Service costs (GO, Revenue Bonds, MPC, Leases) shall not exceed 20% of the Town's operating revenue in order to control fixed costs and ensure expenditure flexibility. Improvement District (ID), Community Facility District (CFD) and Special District debt service is not included in this calculation because it is paid by district property owners and is not an obligation of the general citizenry. Separate criteria have been established and included within the Town's CFD policy. C. In accordance with requirements of the State of Arizona Constitution, total bonded indebtedness shall not exceed 20% of the Town's total secondary assessed valuation of taxable property in the Town for water, sewer, artificial lighting, parks, open space, public safety, transportation, streets and recreational facility improvements and 6% of the total secondary assessed valuation of taxable property in the Town for all general purposes. D. The Town shall comply with all U.S. Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. E. Where applicable, the Town will structure General Obligation bond issues to create level debt service payments over the life of the issue. The goal will be to strive for a debt repayment schedule to be no more than 15 years; at no time will the debt exceed 25 years. F. Refunding bonds will be measured against a standard of the net present value debt service savings exceeding 3% of the principal amount of the bonds being refunded, or if savings exceed $750,000, or for the purposes of modifying restrictive covenants or to modify the existing debt structure to the benefit of the Town. Refinancings undertaken for other reasons should proceed only when the advantages have been clearly shown in a cost/benefit analysis of the transaction. G. The Town will seek to maintain and, if possible, improve the current bond rating in order to minimize borrowing costs and preserve access to credit. H. An analysis showing how a new issue combined with current debt impacts the Town's debt capacity and conformance with Town debt policies will accompany every future bond issue proposal. The debt capacity analysis should reflect a positive trend and include: (1) Percent of debt outstanding as a percent of the legal debt limit. (2) Measures of the tax and revenue base. 1726950.2 16 Return to Agenda (3) Evaluation of trends relating to expenditures and fund balance. (4) Debt service as a percentage of assessed valuation. (5) Measures of debt burden on the community. (6) Tax-exempt market factors affecting interest costs. (7) Debt ratios. I. Municipal Property Corporation and contractual debt, which is non-voter approved, will be utilized only when a dedicated revenue source (e.g. excise taxes) can be identified to pay debt service expenses. The project to be financed will generate net positive revenues (i.e., the additional revenues generated by the project will be greater than the debt service requirements). I The Town's privilege/excise tax to debt service goal will be a ratio of at least 3.5:1 to ensure the Town's ability to pay for long-term debt from this elastic revenue source. 4. Issuance of Obligations. A. The Town shall select the Underwriter and the Paying agent/registrar for each debt issuance based on competitive bid. The underwriter must be a firm domiciled in Arizona with an office in the Phoenix area and a record of prior working relationships. B. The request for proposals process will be designed to select the service providers that offer the Town the best combination of expertise and price. The Town is not required to select the firm offering the lowest price, but a report must be prepared by the Town Manager providing justification to the Town Council for a recommendation when other than the lowest bidder is chosen. The review of all proposals submitted shall be the responsibility of the Town Manager. C. The Town of Fountain Hills will use competitive sales as the primary means of selling new General Obligation or revenue bonds that are repaid through ad valorem (property) taxes. Negotiated sales will be permitted for all other debt issues when it is expected to result in a lower true interest cost than would a competitive sale of that same date and structure or there is evidence of volatile market conditions, complex security features, or another overriding factor. 1726950.2 17 Return to Agenda D. The Town Manager or designee and Town Attorney will coordinate their activities to ensure that all securities are issued in the most efficient and cost-effective manner and in compliance with the governing statutes and regulations. The Manager and the Town Attorney shall consult and jointly select the bond counsel for a bond issue. The Town Attorney will review all documents related to the issuance of securities by the jurisdiction. E. The Town Manager or authorized designee will seek a rating on all new issues which are being sold in the public market if economically feasible. F. The Town will report, on an annual basis, all financial information and/or notices of material events to the rating agencies and Electronic Municipal Market Access (EMMA). The annual report will include but not be limited to the Town's annual Comprehensive Annual Financial Report (CAFR). G. Any institution or individual investing monies as an agent for the Town shall do so in a manner consistent and in compliance with the Town's adopted Investment Policy. H. The Town Manager or authorized designee will provide detailed draw schedules for any project to be funded with borrowed monies. The Town will invest the proceeds or direct a trustee to invest the proceeds of all borrowings in a manner that will ensure the availability of funds as described in the draw schedules. I. The Town acknowledges the responsibilities of the underwriting community and pledges to make all reasonable efforts to assist underwriters in their efforts to comply with SEC Rule 15c2-12 and MSRB Rule G-36. 1726950.2 18 EXHIBIT B TO RESOLUTION NO. 2013-38 [Organization Charts, 2013-14 Play Plan, Schedule of Authorized Positions and Employee Job Descriptions] See following pages. 1961523.3 Return to Agenda Presiding Judge Citizens of Fountain Hills Mayor and Town Council Town Prosecutor Town Manager Community LDevelopment Administration Services Services Streets/ Parks Fleet Finance/I.T. Recreation Engineering/GIS Human Resources/ Community Planning/ Risk Management Center Code Enforcement Senior Town Clerk Services Building Safety Facilities Town Attorney Appointed by Council *Volunteer Coordinator (.88) Ex Deputy Town Manager/ Finance Director Accounting Supervisor *CustomerI *Accounting Service Rep (1) Clerk (.6) Financial Services Tech (.5) 11 Town Manager Assista IT Coordinator IT Tech (.5) Town Clerk *HR Administrator/ Risk Manager (.75) Full Time * Part time 11Zvi 3go Executive Assistant 11 Streets Facilities /Environmental Chief Building Official/ Town Engineer Superintendent Senior Planner p Supervisor Plans Examiner Engineering Maintenance Tech Inspector I== GIS Technician / CAD Operator 40 *Custodian (.75) *Custodian (.5) Traffic Signal Tech II Fleet Mechanic/ Streets Open Space Specialist Maintenance Tech Code Enforcement Officer Permit Tech Full Time * Part time Recreation Supervisor Recreation Coordinator *Rec Assist (.61) *Rec Assist (.61) *Rec Assist (.61) 9 Executive Assistant Senior Services Supervisor Recreation Coordinator *Home Delivered Meals Coord (.75) irector Community Center Events Coordinator *Activities Coordinator (.58) *Senior Services Assistant (.45) *Receptionist (.75) *Receptionist (.25) Community Center Operations Coordinator *Operations Support Worker (.83) *Operations Support Worker (.82) Parks Supervisor Parks Lead Groundskeeper Groundskeeper Groundskeeper Full Time *Rec Assist (.61) * Part time Return to Agenda MUNICIPAL COURT Return to Agenda TOWN OF FOUNTAIN HILLS OFFICE OF FINANCE DIRECTOR INTER OFFICE MEMO TO: Mayor & Town Council I DT: June 5, 2013 FROM: Ken Buchanan, Town Manager RE: FY13-14 Pay Plan Changes As part of the annual budget process the Human Resources Administrator prepares a market analysis of pay ranges for existing Town authorized positions - the result of that analysis is included in the drab budget document (page 347). However, during the May 6 special meeting for the FY14 budget staff presented a proposal for a more comprehensive evaluation and compensation plan review to be conducted during the upcoming year. The market analysis is a valuable tool in recruiting and retaining good employees, however, for FY14 any adjustments to existing pay ranges should be made based on the results of a more comprehensive formal study. The evaluation process and pay adjustments. if applicable, that may be proposed in the study will be presented to the Town Council for approval before being finalized. The Council did approve a 1% merit adjustment for Town staff (except those at the top of their pay range) on July 1, 2013 with an additional 1.5% merit adjustment at the employees annual evaluation date. The schedules shown below Evill replace the schedules in the draft budget document; the ranges have been revised to reflect no change until the study is completed. Exempt Positions Position Title Minimum Maximum Previous Range - 110,273 Development Services Director 82,044 2012-13 Deputy Town Ma r/FinanceDirector 77,542 110,273 77,542 110,273 Development Services Director 82,044 116,675 82,044 116,675 Town Engineer 75 283 107,060 75,283 107,060 Community Services Director 72,277 102,785 72,277 102,785 Human Resources Administrator/Risk Manager 68,082 96,819 68,082 96,819 Court Administrator 65,864 93,665 65,864 93,665 Town Clerk 58,419 83,078 58,419 83,078 Senior Planner 56,193 79,912 156,193 79,912 Chief Building Official 54,891 78,061 54,891 78,061 Recreation Supervisor 52,056 74,029 52,056 74,029 Street Superintendent 52,056 74,029 52,056 74,029 Accounting Super -visor 51,906 73,816 51,906 73,816 Parks Supervisor 51,106 72,678 51,106 72,678 InformationTechnolo L Coordinator 48,610 69,128 48,610 69,128 Facilities/Environmental SupeiNisof 46,000 65,417 46,000 65,417 Executive Assistant to TownManager/Council 46,000 65,417 46,000 65,417 Senior Services Su rvisor 43,642 62,063 43,642 62,063 Recreation Program Coordimtor 39,253 55,821 39,2.53 55,821 Communitv Center Event Coordinator 39,253 55,821 39.253 55,821 Commui-Aty Center Operations Coordinator 35,676 50,735 35,676 50,735 Return to Agenda Non -Exempt Positions Position Title Minimum Maximum Previous Range Civil Engineering Ins ctor 19.54 27.79 19.54 27.79 GIS Technician/CAD Operator 20.39 29.00 20.39 29.00 Traffic Signal Technician II 20.39 29.00 1 20.39 29.00 Information Technolo Technician 17.89 25.44 17.89 25.44 Code Enforcement Officer 18.16 25.83 18.16 25.83 Executive Assistant 17.17 24.42 17.17 24.42 Fleet Mechanic/Open Space -Landscape Sec. 17.89 25.44 17.89 25.44 Park Operations Lead 17.89 25.44 17.89 25.44 Senior Court Clerk 15.47 22.00 15.47 22.00 Facilities Maintenance Technician 16.56 23.55 16.56 23.55 Building Permit Technician 16.13 22.94 16.13 22.94 Street Maintenance Technician 15.00 21.33 15.00 2133 Financial Services Technician 15.00 21.331 1 15.00 21.33 Volunteer Coordinator 14.20 20.19 14.20 20.19 Accountin Clerk 13.75 19.55 13.75 19.55 Customer Service Representative H 14.20 20.19 14.20 20.19 Senior Services Activities Coordinator 14.20 2019. 14.20 20.19 Court Clerk 13.75 19.55 13.75 19.55 Home Delivered Meals Coordinator 11.57 16.471 1 11.57 16.47 Customer Serve Representative I 11.57 16.47 11.57 16.47 Groundskeeper 12.36 17.60 12.36 17.60 Operations Support Worker 12.36 17.60 12.36 17.60 Recreation Assistant 9.92 14.11 9.92 14.11 Custodian 11.16 15.87 11.16 15.87 Senior Services Activities Assistant 9.92 14.11 9.92 14.11 . 2 Schedule of Authorized Positions Position - Title 1nflk-icipal r a Presiding Judge Court Administrator Senior Court Clerk Court Clerk Authorized FTE Administration Town Manager Assistant to the Town Manager Deputy Town Manager/Finance Director Executive Asst to Town Mgr/Council Administrative Assistant Town Clerk Human Resources Adminstrator/Risk Mgr. Volunteer Coordinator Economic Development Administrator Public Information Officer Community Affairs/Media Relations Information Technology Coordinator Information Technology Technician Information Technology Intern Finance Director Accounting Supervisor Financial Services Technician Accounting Clerk Customer Service Representative I Receptionist Authorized FTE Return to Agenda 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 Authorized Authorized Authorized Authorized Authorized Authorized Proposed FTE FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 2.00 1.00 5.00 5.00 5.00 5.00 5.00 5.00 4.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.75 0.50 0.50 0.75 0.75 0.88 0.88 0.88 0.00 0.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.50 0.50 0.50 0.75 0.75 0.50 0.50 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 1.00 1.00 0.75 0.75 0.50 1.50 1.50 0.50 0.50 0.50 0.50 0.50 1.00 1.00 0.50 0.50 0.70 0.80 0.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.50 13.50 13.25 11.25 11.58 11.68 9.93 Return to Agenda Schedule of Authorized Positions Position - Title 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 Authorized Authorized Authorized Authorized Authorized Authorized Proposed FTE FTE FTE FTE FTE FTE FTE Developmental Services Director 0.00 0.00 0.00 1.00 1.00 1.00 1.00 Public Works Director 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Town Engineer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Civil Engineer 2.00 2.00 2.00 0.00 0.00 0.00 0.00 Senior Civil Engineer Inspector 1.00 0.00 0.00 0.00 0.00 0.00 0.00 Civil Engineering Inspector 1.00 2.00 1.00 1.00 1.00 1.00 1.00 Planner - Environmental (Stormwater) 0.00 1.00 1.00 1.00 1.00 0.00 0.00 Executive Assistant 1.00 2.00 2.00 1.00 1.00 1.00 1.00 Facilities Supervisor 1.00 1.00 1.00 1.00 1.00 0.00 0.00 Facilities/Environmental Supervisor 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Facilities Maintenance Tech 1.00 1.00 1.00 1.00 1.00 1.50 1.00 Maintenance/Custodial Worker 0.50 0.50 0.75 0.00 0.00 0.00 0.00 Custodian 2.00 1.50 1.50 1.25 1.25 1.25 1.25 Street Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Open Space & Landscape Specialist 1.00 1.00 1.00 1.00 0.00 0.00 0.00 Fleet Mechanic/Open Space -Landscape Spec 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Traffic Signal Technician I 0.00 1.00 1.00 0.50 0.00 0.00 0.00 Traffic Signal Technician II 0.00 1.00 1.00 1.00 1.00 1.00 1.00 Street Maintenance Technician 8.00 6.00 6.00 4.00 3.00 3.00 1.00 Planning &Zoning Director 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Senior Planner 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Planner 2.00 1.00 0.50 0.50 0.00 0.00 0.00 GIS Technician/CAD Operator 2.00 2.00 2.00 1.00 1.00 1.00 1.00 Senior Code Enforcement Officer 1.00 1.00 0.00 0.00 0.00 0.00 0.00 Code Enforcement Officer 2.00 2.00 2.00 1.00 1.50 1.00 1.00 Planning Assistant 1.00 0.00 0.00 0.00 0.00 0.00 0.00 Chief Building Official/Plans Examiner 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Chief Building Official 1.00 1.00 1.00 1.00 1.00 0.00 0.00 Plans Examiner 2.00 2.00 1.00 1.00 0.50 0.00 0.00 Building Inspector 3.00 3.00 2.00 0.00 0.00 0.00 0.00 Building Permit Technician 2.00 2.00 2.00 1.00 1.00 1.00 1.00 Authorized FTE 40.50 40.00 35.75 23.25 20.25 18.75 16.25 Schedule of Authorized Positions Position - Title Community ServiceF Community Services Director Recreation Supervisor Recreation Program Coordinator Recreation Assistant Recreation Aide Recreation Intern Executive Assistant Parks Supervisor Park Operations Lead Park Ranger Groundskeeper Customer Service Representative II Comm Ctr Director Comm Ctr Operations Supervisor Community Center Event Coordinator Community Center Operations Coordinator Operations Support Worker Operations Support Assistant Customer Service Representative I Bartender Senior Services Supervisor Senior Services Activities Coordinator HDM/Special Programs Admin Home Delivered Meals Coordinator Senior Services Activity Assistant Senior Aide Driver Authorized FTE Total Authorized FTE Return to Agenda 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 Authorized Authorized Authorized Authorized Authorized Authorized Proposed FTE FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 4.00 4.00 4.00 2.35 2.45 2.45 2.45 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.50 0.50 0.50 0.00 0.00 0.00 0.00 2.00 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3.00 4.00 3.00 3.00 3.00 2.00 1.00 2.00 1.00 0.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 2.00 2.00 3.00 3.00 1.00 1.00 0.50 0.50 0.30 0.30 0.30 1.00 1.00 1.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 1.50 1.50 1.50 2.00 1.65 1.65 0.50 0.50 0.50 0.50 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.25 0.25 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.50 0.50 0.58 0.58 0.58 0.58 0.50 0.00 0.00 0.00 0.00 0.00 0.00 0.50 0.50 0.50 0.75 0.75 0.75 0.75 0.50 0.50 0.50 0.45 0.45 0.45 0.45 0.50 0.50 0.50 0.00 0.00 0.00 0.00 0.00 0.00 0.10 0.00 0.00 0.00 0.00 29.25 29.75 27.10 21.63 21.53 21.18 20.18 88.25 88.25 81.10 61.13 58.36 56.61 50.36 Return to Agenda Job Title: Accounting Clerk (Licensing) Department: Administration Immediate Supervisor: Accounting Supervisor FLSA Status: Non -Exempt BRIEF DESCRIPTION OF THE JOB: Performs varied paraprofessional accounting functions including business licensing, animal licensing, peddlers licensing and cash receipts. Provides front -desk coverage when required. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Processes all business, animal, and peddlers license applications. Coordinates the approval process with other Town department where applicable. Handles all inquiries regarding business, animal and peddlers licensing and performs all follow-up functions. This includes sending out correspondence as well as telephone follow-up. 2 S Utilizes and maintains multiple software applications. Processes all daily cash batches. Researches and resolves issues involving licensing applications and payments. 3 S Assists with front desk coverage during lunch hours and serves as a backup when necessary. 4 S Handles the issuance of peddlers badges and coordinates with other departments sponsoring or promoting events which may require licensing. 5 L Prepares business license and other reports as directed. Maintains records, files and manages archiving and records destruction schedules for file systems managed. 6 S Assists with Accounts payable and Accounts Receivable when needed and performs other duties as assigned. * See page 3 — Overall Physical Strength Demands Revised 4/3/13 Return to Agenda JOB REQUIREMENTS: 10% JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Experience A minimum of one year accounting experience. Must be computer literate. Knowledge of Microsoft Word, Microsoft Excel, Access, CLASS, ActiveNet, and MUNIS preferred. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires the ability to read invoices, license applications, purchase orders, reports, and general correspondence. Attention to detail is a requirement of this position. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, and division, as well as business math. Writing Work requires the ability to write memos, emails, and documenting procedures. Managerial Planning responsibilities include the timing of license reports and other deadlines. Budget Responsibility Job has no responsibility for budget allocations. Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diversified duties. Work requires the exercise of independent thinking within the limits of policies, standards, and precedents. Interpersonal / Human The incumbent in this position contacts others within the organization as well as outside. Relations Skills Interactions occur in person as well as via telephone. Revised 4/3/13 Return to Agenda C11�I 01 917.110_w 2 so ft' -1141\ Wi4ftWE" 0 i 11 Bi► /\►`[7.3 ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Filing in lower drawers requires walking or O Filing in lower drawers Crawling N standing to a significant Bending O Filing in lower drawers Twisting degree. From computer to other desk areas Climbing R PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE O DESCRIPTION Filing, making copies, and faxing Standing Sitting C Deskwork Walking O To and from office equipment, mailroom, and other departments Lifting R Files, boxes, and books Carrying O Files, office supplies, books, and boxes Pushing/Pulling R File boxes Reaching F For supplies, files, mail slots, telephone Handling C Paperwork Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling O Filing in lower drawers Crouching O Filing in lower drawers Crawling N N/A Bending O Filing in lower drawers Twisting F From computer to other desk areas Climbing R Ladder to reach files, stairs Balancing R While on ladder reaching for files Vision C Reading, computer monitor Hearing C Communicating with the public and personnel both in person and on the phone Talking F Communicating with the public and personnel both in person and on the phone Foot Controls N N/A Revised 4/3/13 Return to Agenda MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Calculator, copier, fax machine, telephone, typewriter, printer, general office supplies, computer and related software such as MIP, Tyler, Access, Outlook and Excel ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards N Temperatures N Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) (3) Revised 4/3/13 FOUNTAIN HILLS, ARIZONA Job Title: Accounting Supervisor Department: Administration Immediate Supervisor: Deputy Town Manager, Finance Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Supervises the Accounting Clerk, Financial Services Technicians and Customer Service Representatives. Performs various accounting duties including processing cash receipts, accounts receivable, and journal entries. Creates and posts entries to the general ledger, reconciles general ledger accounts, and prepares monthly reports. Administers the Procurement Card program and is the liaison with all banking matters. Gathers information for and works closely with the auditors. Assists with the preparation of the annual budget. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Strength ESSENTIAL FUNCTIONS Code 1 FPhysical Manages, plans and organizes the activities of the Financial Services Technicians and Customer Service Reps; selects, trains, motivates and evaluates personnel; works with employees to provide job performance feedback and correct deficiencies and enhance performance; implements discipline and termination procedures. 2 S Creates and posts journal entries, reconciles general ledger accounts to journals, reviews, codes and enters cash receipts, reconciles bank statements, assists with budget preparation and works with the auditors on the annual audit. 3 S Prepares monthly revenue and expenditure journals, monitors expenditures to notify departments when budget line items are exceeded, respond to department requests for revenue and expenditure detail reports. Prepares semi-annual improvement district billings, prepares payoff statements and lien releases. 4 S Administers the Procurement Card program and is the liason for all banking matters. This includes monitoring the online P -Card database to ensure cardholder/supervisor compliance with timely reconciliation of accounts and contacting customer support with cardholder issues. 5 S Prepares various reports such as the monthly sales tax report, quarterly worker's compensation report, monthly revenue and expenditure reports for the department heads, and the fuel inventory allocation report. 6 S Assists the Finance Director and Town Manager with projects as assigned. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's degree or equivalent in applicable field. Experience Five years of accounting experience including at least two years at the supervisory level; governmental accounting experience preferred. Certifications and Possession of a valid driver's license for a minimum of 2 yrs. with a good driving record. Other Requirements ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read manuals, contracts, general ledger reports, budget reports and general correspondence. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division as well as business math. Writing Work requires the ability to write memos, emails, and documenting procedures. Managerial Develops, implements and oversees work plans; organizes, prioritizes and delegates work activities, projects and programs; supervises, directs and evaluates staff, processes and addresses employee issues, concerns and problems; counsels, disciplines and writes performance evaluations. Budget Responsibility Work requires the ability to coordinate and prepare the annual budget. Job requires the monitoring of department budget expenditures. Supervisory / Requires supervising and monitoring the Accounting Clerk, Financial Services Organizational Control Technicians and the Customer Service Reps. Complexity Work requires analysis and judgment in accomplishing diversified duties. Work requires the exercise of independent thinking within the limits of policies, standards, and precedents. Interpersonal / Human The incumbent in this position contacts others within the organization. These contacts Relations Skills may be involved in decision making or providing approval or decision making authority for purchases or projects. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Filing in lower drawers Crawling N N/A standing to a significant F Filing in lower drawers Twisting F degree. Climbing O Ladder to reach files, stairs PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE F DESCRIPTION Filing, making copies, faxing Sitting F Deskwork Walking F To and from office equipment, other offices, mailroom Lifting O Files, office supplies, binders Carrying O Files, mail, binders Pushing/Pulling R File boxes Reaching F For supplies, files, and mail Handling C Paperwork Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling O Filing in lower drawers Crouching O Filing in lower drawers Crawling N N/A Bending F Filing in lower drawers Twisting F From computer to other desk areas and bookcase Climbing O Ladder to reach files, stairs Balancing N N/A Vision C Reading, computer monitor Hearing C Communicating with the public and personnel both in person and on the phone Talking F Communicating with the public and personnel both in person and on the phone Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Calculator, copier, fax machine, telephone, typewriter, printer, general office supplies, computer and related software such as MIP, Excel, Word and Access. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards N Temperatures N Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Building Permit Technician Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Processes building permit applications. Provides assistance to the public. Maintains files and plans for active and completed building permits. Maintains files and coordinates Adopt -A -Street Program. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS 91 Code 1 L Receives and processes building permit applications and plans by assigning a permit number, calculating and collecting plan review fee, inputting data into the computer and preparing documents for plan review. Provides status information until issued. 2 L Processes completed permit applications and plans by preparing approved documents, calculating valuation and fees. Inputs data into computer, contacts applicants, collects permit and development fees and issues permits. 3 S Provides information in reference to building codes and procedures to the general public, contractors, engineers at counter and on the telephone and, if necessary, routes them to the correct department. 4 S Provides accurate and expeditious information to field inspectors and other departments to assist them in performing their duties. Coordinates the Adopt -A -Street Program and maintains records for such program. 5 L Accurately files and maintains building permits, plans, and inspection tickets. Purges and disposes of old files as required by records retention policy. 6 S Researches and inputs permit information to generate reports required for submittal to various government agencies. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description Revised 5/24/13 JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Level of knowledge equivalent to four year of high school or equivalency. Experience Minimum of 2 years customer service experience in a construction and office environment. Certifications and Building Permit Technician Certification required within first six months of Other Requirements employment. Must be bondable. Possession of a valid driver's license for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Ability to read and comprehend permit applications, construction plans and inspection tickets and building codes. Math Ability to calculate permit valuations, plan review fees, permit fees, count money, calculate refunds according to building code. Writing Ability to write inspection tickets, permits, certificate of occupancy, compose letters, check requests and requisitions. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Requires the ability to understand building codes and procedures, and the ability to use multiple computer programs. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Filing in lower drawers requires walking or O Filing in lower drawers Crawling R standing to a significant Bending O Filing in lower drawers Twisting degree. Deskwork Climbing O PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE F iiiiiiIINEIrw— DESCRIPTION Assisting customers, filing, making copies Standing Sitting O Deskwork Walking F Throughout the office for various tasks and back and forth to counter. Lifting F Building permit plans and files. Carrying F Building permit plans and files. Pushing/Pulling R Putting away rolled plans in bins. Reaching F Small objects, books, rolled plans in bins (retrieving). Handling F Paper work, office supplies Fine Dexterity F Keyboard, telephone keypad, writing Kneeling O Filing in lower drawers Crouching O Filing in lower drawers Crawling R Filing in lower drawers Bending O Filing in lower drawers Twisting O Deskwork Climbing O Step stool for building plans Balancing R Carrying files and plans. Vision C Computer monitor, building plans and reading. Hearing C Communicating with public, co-workers, telephone Talking F Communicating with public, co-workers, telephone Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax, telephone, computer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime N Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Chief Building Official/Plans Examiner Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Incumbent is authorized and directed to enforce the provisions of the adopted codes, render interpretations of adopted policies and procedures in order to apply code provisions. Approves alternate materials and methods. Responsible for administration of the codes. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. 41 Physical Strength ESSENTIAL FUNCTIONS Code 1 L Provides administrative and technical support to all staff members to ensure compliance with adopted codes and standards. Assures that reviews and inspections are done in a timely and professional manner. Prepares and presents policies, programs and education for the staff based on the most current codes and technologies available, ensuring that the best resources are available for the building community. 2 S Inspects residential and commercial buildings to verify compliance with subject codes, approved drawings, and contract documents. Proactively investigates unpermitted work activity requiring building permits. S Monitors department budget, expenditures and forecasting future needs. 4 S Reviews proposed construction documents for conformance with model building (general, structural, fire and life safety), electrical, fuel gas, mechanical and plumbing codes as adopted or amended by the Town. Advises applicants of needed changes with written checklists and plan review reports. 5 S Ensure that retention and organization of public and private records meet state statutes, as well as make for efficent use of employee resources. 6 S Assists the public by promptly answering technical code questions on the phone and at the front counter, explains plan review comments and code requirements, provides code interpretations, and otherwise assists applicants in meeting requirements as they proceed through the development review process. Respond to public concerns related to building safety. Investigates and resolves all complaints. * See page 3 — Overall Physical Strength Demands Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description My JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with a two year associate's degree, diploma or equivalent from a college, technical, business, vocational, or correspondence school. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience A minimum of ten years of municipal government inspection and or plans examiner work. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. ICC Combination Inspector, Plans Examiner and Certified Building Official certification preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read and understand technical manuals, codes, construction plans and engineering documents. Math Ability to preform basic addition, subtraction, multiplication, division and algebra. Writing Basic writing skills should include proper use of grammar and structure for the purpose of correspondence and report writing. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity This job requires considerable initiative and independent analytical and evaluative judgment. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or During the course of inspections Crawling O During the course of inspections standing to a significant O During the course of inspections Twisting O degree. Climbing O During the course of inspections PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE O DESCRIPTION Front counter and job sites Sitting F Desk work, plan review, driving Walking O Office, job sites with un -even terrain Lifting R Plan rolls, ladders Carrying R Plan rolls, ladders Pushing/Pulling R Doors, gates Reaching R Plan storage, at job sites Handling R Paper, books, plans Fine Dexterity O Phone, computer Kneeling O During the course of inspections Crouching O During the course of inspections Crawling O During the course of inspections Bending O During the course of inspections Twisting O During the course of inspections Climbing O During the course of inspections Balancing O During the course of inspections Vision C During the course of inspections, plan reviews and driving Hearing C Personal communication, phone, meetings Talking C Personal communication, phone, meetings Foot Controls O Driving Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Hand tools, tape measure, ladder, flashligh, screw driver, computer, fax, telephone, and general office supplies ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical S Extreme S Hazards Vehicle Temperatures Outdoors Chemical S Noise and M Hazards F Vibration O Electrical M Wetness/Humidity S Hazards Fire Hazards S Respiratory S Hazards Explosives S Physical Hazards M Communicable S Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REOUIRED: Steel toe boots, hard hat, safety glasses, ear protection NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks C Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA Job Title: Civil Engineering Inspector Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: To conduct inspections of construction projects and public works that insure all work is completed in accordance with Town codes and ordinances, MAG standards, ADOT standards and to assure contract compliance for approved plans and specifications. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS 71 Code 1 L Inspects grading, drainage, pipelines, paving, concrete work, landscaping, utility modifications, retaining walls, concrete drainage structures and building infrastructure construction for compliance with codes and ordinances. 2 L Provides final and one year warranty inspections for subdivisions and issues substantial compliance letters. Field checks and signs off on all "as -built" submittals. 3 L Performs surveying, permit processing and related technical services. Reviews capital improvement projects for the Town. 4 L Informs contractors of non-compliance and follows up on compliance work. Informs residents about construction zones, including types of construction and duration of proj ects.. 5 L Responds to and resolves complaints by citizens. Assists other departments as needed. 6 L Performs other related duties as required. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / High School or GED. Knowledge of MAG standards, Town standards and ordinances, Knowledge some ADOT standards, basic surveying, traffic control, materials, equipment operations, and construction principles and practices. Experience Minimum five years civil construction inspection experience. Background experience in civil engineering technical areas. Experience using MAG specifications and details for street construction essential. Local technical knowledge beneficial Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read technical plans, specifications and other related documents. Math Ability to perform general math calculations. Writing Ability to write reports and keep logs. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diversified duties. Requires the exercise of independent thinking within the limits of policies, standards and precedents. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town which may be involved in decision making or providing approval or decision making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various county, state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or During inspections Crouching O During inspections standing to a significant R During inspections Bending F degree. Twisting O During inspections PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F Job sites Sitting F Driving, desk work Walking F Job sites Lifting O Tools and equipment Carrying O Tools and equipment Pushing/Pulling O During inspections Reaching O During inspections, in truck or office Handling O Paperwork Fine Dexterity O Computer keyboard, telephone keypad Kneeling O During inspections Crouching O During inspections Crawling R During inspections Bending F During inspections Twisting O During inspections Climbing O During inspections, hills, rocks, ladders, scaffolding Balancing O On ladders or walls Vision C All aspects of work Hearing C All aspects of work Talking F Communicting and on telephone and radio Foot Controls C Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Levels, eye level, survey equipment, tape measure, hammers, probes, shovel, cameras, temperature gauges, cell phone and truck. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical D Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and M Hazards R Vibration F Electrical M Wetness/Humidity M Hazards Fire Hazards M Respiratory M Hazards Explosives M Physical Hazards D Communicable M Diseases Physical Danger or M Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REOUIRED: Steel toed shoes, hardhat NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS 09 Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work R Noisy/DistractingNoisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Code Enforcement Officer Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs skilled technical work in enforcing Town Zoning Ordinances and Town code regulations. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Responds to complaints from the public, orally and in writing. Investigates possible violations of Town property maintenance, nuisance and zoning codes; identifies violations and properties not in compliance and follows up with warning notices and citations to ensure compliance with Town codes. Works with citizens, property and business owners to correct violations 2 L Performs enforcement and conducts field inspections; inspects assigned areas of the Town to locate and observe violations of Town codes including zoning, nuisance, land disturbance, pools, and health and safety ordinance violations. 3 S Is proactive and reactive in all matters and areas of code enforcement. Meets with residents to discuss violations, using diplomacy and tact. 4 S Researches case histories, approval documents, approved blueprints, property ownership records, business licenses, aerial potos, microfiche records, utility records, and other related documents as necessary. 5 S Provides information to the public, other Town departments, architects, engineers, contractors and interested parties regarding zoning and other regulations, and related departmental programs and policies. 6 S Prepares cases for court actions, assists the Prosecutor's Office in determining appropriate disposition of outstanding cases and testifies in court. Prepares reports, documents, inspections, issues notices or letters, photographs property conditions and maintains required records. Uses a computer database for reporting and record keeping. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Two years of recent public contact experience, preferably including the application and interpretation of rules and regulations. One year of code enforcement experience preferred. Certifications and Possess a valid Arizona Driver's License for a minimum of two years with a good driving Other Requirements record. AACE certification is required within the first year of employment. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read codes and ordinances. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write reports, written recommendations and documentation for non-compliance cases. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work is governed by broad instructions, objectives and policies. Work requires the exercise of considerable initiative and independent evaluative judgment. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. During inspections requires walking or O During inspections Crawling R standing to a significant Bending F During inspections Twisting degree. During inspections Climbing O PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE F DESCRIPTION During inspections and dealing with the public. Standing Sitting F Deskwork Walking F During inspections Lifting O Tools and equipment Carrying O Files and equipment Pushing/Pulling O Equipment Reaching F Files and telephone work Handling C Paperwork and equipment Fine Dexterity O Computer input Kneeling O During inspections Crouching O During inspections Crawling R During inspections Bending F During inspections Twisting O During inspections Climbing O During inspections Balancing O During inspections Vision C Reading, computer monitor, driving and conducting inspections Hearing C Communications Talking F Communicating with personnel and general public and telephone Foot Controls F Frequent driving and during inspections Revised 5/24/13 Return to Agenda FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: 35 mm digital and Polaroid camera, computer and related software, vehicle ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and M Hazards F Vibration R Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards M Communicable N Diseases Physical Danger or M Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle X Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Court Administrator Department: Court Immediate Supervisor: Presiding Judge FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Manages the administrative functions, court services operations, non judicial staff and the resources of the Municipal Court. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Manages, plans and organizes the activities of all non judicial staff; selects, trains, motivates and evaluates personnel; works with employees to provide job performance feedback and correct deficiencies and enhance performance; implements discipline and termination procedures for non judicial personnel. 2 S Manages the Court's accounting functions; implements and ensures compliance with the Arizona Code of Judicial Administration Minimum Accounting Standards; processes bond refunds and restitution disbursements; creates purchase requests for court expenditures, reviews and identifies and resolves financial discrepancies. 3 S Implements policies and procedures governing administrative operations of the court; recommends changes to operational policies and procedures to improve court administrative operations; develops long-range plans and programs; identifies problems and creates and implements solutions. 4 S Participates in the development and administration of the Court's budget; directs the forecast of funds needed for staffing, equipment, materials, services and supplies; monitors and approves expenditures within specified limits. 5 S Compiles and evaluates statistical data related to the efficiency and effectiveness of Court operations, and makes appropriate written and verbal recommendations as needed; maintains compliance with monthly, quarterly and annual statistical reporting, accounting and records management policies and procedures established by the Supreme Court and the Presiding Judge of Maricopa County. 6 S Responds to inquiries, requests for information and complaints; represents the Court with outside agencies, boards and committees, and at interdepartmental and committee meetings as required; serves as Clerk of the Court and Custodian of Records. * See page 3 — Overall Physical Strength Demands Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's degree or equivalent in applicable field. Experience Five years of highly responsible experience in the administration and management of a limited jurisdiction court system, including a minimum of two years at the management level. Experience with court -related case and financial management software programs desirable. . Certifications and Fellowship in the Institute for Court Management desirable; must obtain 16 credit hours Other Requirements of judicial staff education annually. Possession of a valid AZ driver's license for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Requires the ability to read and understand various governmental and court -related reports, financial documents, court orders, statutes and Town codes, regulations and general correspondence. Math Requires the ability to perform general math calculations; the ability to calculate decimals and percentages; may include the ability to compute interest and ratios; may include ability to calculate surface areas, volumes, weights and measures. Writing Requires the ability to write clearly and effectively in English; requires the ability to write performance appraisals, procedures, memos and status reports with clearly organized content, using proper sentence structure, punctuation and grammar. Managerial Develops, implements and oversees work plans; organizes, prioritizes and delegates work activities, projects and programs; supervises, directs and evaluates staff, processes and addresses employee issues, concerns and problems; counsels, disciplines and writes performance evaluations. Budget Responsibility Participates in the development and administration of the Court's budget; monitors expenditures and revenues; authorizes purchases within authorized limits; monitors grants and intergovernmental agreements; analyzes future needs and forecasts funds needed for staffing, equipment, materials, services and supplies. Supervisory / Requires supervising and monitoring of the Court staff. Organizational Control Complexity Requires an understanding of court judicial and administrative processes, including statutes, rules and procedures and disposition protocol. Requires the ability to exercise good judgment, decisiveness and creativity in situations involving the evaluation of information against subjective criteria, as opposed to that which is clearly measurable or verifiable. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with department heads, customers, brokers and sales representatives. Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Retrieving items from lower shelves or file drawers. Crouching R Retrieving items from lower shelves or file drawers. standing to a significant N N/A Bending R degree. Twisting O From computer to telephone. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Conducting meetings or training; assisting the public. Sitting C Considerable desk work. Walking O To and from desk to other office areas, to other departments and occasionally to other buildings or locations. Lifting O Files, file boxes, office supplies, books. Carrying F Files, books, boxes. Pushing/Pulling R Doors, desk and file drawers. Reaching F For files, office equipment and supplies. Handling C Paperwork, case files, office equipment, money. Fine Dexterity C Computer keyboard, calculator, telephone keypad. Kneeling R Retrieving items from lower shelves or file drawers. Crouching R Retrieving items from lower shelves or file drawers. Crawling N N/A Bending R Retrieving items from lower shelves or file drawers. Twisting O From computer to telephone. Climbing R Step stool to retrieve files from top shelves. Balancing N N/A Vision C Reading court documents and correspondence, reports and computer monitor. Hearing C Communicating with staff, the public and other departments or agencies in person and on the phone. Talking C Communicating with staff, the public and other departments or agencies in person and on the phone. Foot Controls N N/A Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, copier, fax machine, calculator, telephone and laser printer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards N Temperatures N Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures C Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) O (3) Dealing with stressful situations involving irate and/or emotional individuals. Revised 5/21/2012 FOUNTAIN HILLS, ARIZONA Job Title: Court Clerk Department: Court Immediate Supervisor: Court Administrator FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs a wide variety of specialized clerical duties, including money handling and reconciling; assists the public with court procedures and services; processes, records and files court documents; provides quality clerical support to the Presiding Judge of the Municipal Court. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS - Code 1 L Performs frequent and intense public contact work at the Court counter, over the telephone and by email; communicates orally with defendants to inform them of options, penalties and the effects of decisions; routinely handles difficult public contact situations which require diplomacy, tact and negotiation skills; performs all services efficiently and with respect for each individual. 2 S Answers questions and provides information to defendants, attorneys, law enforcement, other municipal employees and the general public. 3 S Creates and maintains complex court files and records; receives, prepares and reviews a variety of court documents for criminal, traffic and civil cases; maintains court calendars. 4 S Performs a variety of data entry into the case management system, including citation entry, case dispositions, sentencing information, scheduling hearings, and program compliance information. Reviews computer data for quality control, and corrects errors; disperses information as required or requested. 5 S Receives and processes payments; updates case management system and issues receipts; balances daily payment receipts, establishes and monitors payment plans for defendant's financial obligations; uses a variety of resources to optimize collection efforts, including the Tax Intercept Program, Accurint or other skip -tracing activities. 6 L Performs other court related duties as required, including, but is not limited to, mail processing and distribution, filing, and overseeing audio tape recording of various court proceedings. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Two years of general clerical experience, including some public contact, preferably in a court or law office; experience in the use of Windows-based computer software programs is desirable. Certifications and Must obtain 16 credit hours of judicial staff education annually. Other Requirements ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Necessary to read and understand general legal documents, reports and correspondence. Math Ability to perform general math calculations; the ability to calculate decimals and percentages. Writing Ability to write effectively in English with proper grammar and sentence structure. Managerial None Budget Responsibility None Supervisory / NOne Organizational Control Complexity Requires a general understanding of court processes, including statutes, rules and procedures and disposition protocol. Requires the ability to exercise good judgment, decisiveness and creativity in situations involving a variety of generally predefined duties which are often characterized by frequent change; ability to multi -task in a busy environment. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Retrieving items from lower shelves or file drawers. Crouching R Retrieving items from lower shelves or file drawers. standing to a significant N N/A Bending R degree. Twisting F From computer to telephone. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F At the counter assisting the public. Sitting C Considerable desk work. Walking O To and from desk and counter, to other departments and occasionally to other buildings or locations. Lifting O Files, file boxes, office supplies and books. Carrying F Files, books, boxes. Pushing/Pulling R Doors, desk and file drawers. Reaching F For files, office equipment and supplies. Handling C Case files, paperwork, money, office equipment. Fine Dexterity C Computer keyboard, calculator, telephone keypad and charge machine keypad. Kneeling R Retrieving items from lower shelves or file drawers. Crouching R Retrieving items from lower shelves or file drawers. Crawling N N/A Bending R Retrieving items from lower shelves or file drawers. Twisting F From computer to telephone. Climbing R Step stool to retrieve files from top shelves. Balancing N N/A Vision C Reading court documents, correspondence and computer monitor Hearing C Communicating with supervisors and other staff members, the public and other departments and agencies in person and on the phone. Talking C Communicating with supervisors and other staff members, the public and other departments and agencies in person and on the phone. Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, copier, fax machine, calculator, telephone, tape recorder or other recording equipment, charge machine, laser printer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see 1 N Below) PROTECTIVE EQUIPMENT REOUIRED: None [LICUL18956 �Iicefflqall 04► Y110RI PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work C Noisy/Distracting Environment F Other (see 3 below) F (3) Dealing with stressful situations involving irate and/or emotional individuals. Revised 5/24/13 4 FOUNTAIN HILLS, ARIZONA Job Title: Custodian Department: Development Services Immediate Supervisor: Facilities/Environmental Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Provide a variety of routine custodial cleaning and building maintenance duties required to maintain a safe and clean work environment of Town facilities. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Sweeps, vacuums and mops floors; picks up debris indoors and outdoors; cleans, disinf and stocks restrooms 2 M Cleans drinking fountains and coffee rooms; operates power -cleaning equipment such a vacuums, carpet extractors; sets up, takes down and stores chairs and tables. 3 M Spot cleans carpets, strips and waxes floors and other duties of this type; performs manu work requiring extensive physical exertion; dusts and polishes furniture, woodwork, fixtures and equipment; uses chemical/cleaning agents in compliance with established safety policies/procedures. 4 M Empties and cleans waste receptacles indoors and out; maintains custodial supplies and equipment; follows a well established routine in accomplishing daily tasks. 5 L Performs periodic cleaning of windows; moves and arranges furniture and equipment as needed; responds in a timely manner to requests for custodial needs; assists staff in special projects as required 6 L Performs other related duties as requested * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / High school equivalency Knowledge Experience Methods, materials, tools, and equipment used in custodial work. Safe work practices. MSDS sheets on cleaning solvents and chemicals. General experience in facility custodial work is desirable. Certifications and Valid driver's license for a minimum of two years with a good driving record. Other Requirements ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Basic reading and comprehension skills; ability to read and comprehend product directions, operation manuals and product labels. Math Basic math skills Writing Work requires good written skills. Communication between shifts is essential. Must be able to communicate legibly on forms, work orders, supply requisitions and messaging. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Able to perform a diverse range of duties and tasks. Interpersonal / Human Ability to interact with peers and public in a positive and professional manner. Relations Skills Communication and the ability to work in a team environment are essential. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Cleaning restrooms, floors and baseboards. Crouching F Cleaning restrooms, floors and baseboards. standing to a significant N Bending F degree. Twisting F PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing C Job sites Sitting R Walking C Between job sites and tasks Lifting O Tools, equipment, supplies, furniture Carrying O Tools, equipment, supplies Pushing/Pulling F Cleaning Equipment, carts, furniture Reaching F Handling F Fine Dexterity R Kneeling F Cleaning restrooms, floors and baseboards. Crouching F Cleaning restrooms, floors and baseboards. Crawling N Bending F Twisting F Climbing O Stairs, ladders Balancing R Vision C Hearing C Talking O Foot Controls F Custodial machinery Revised 5/24/13 Return to Agenda FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Equiped with custodial care tools, manual and self propelled floor care machinery. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical D Noise and M Hazards R Vibration O Electrical M Wetness/Humidity W Hazards Fire Hazards N Respiratory S Hazards Explosives N Physical Hazards M Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) (1) (2) Within entire confines of facility PROTECTIVE EQUIPMENT REOUIRED: Sanitary gloves, safety glasses. NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) X C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team F Tedious or Exacting Work R Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Customer Service Representative I Department: Community Services (Community Center) Immediate Supervisor: Community Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: The receptionist will be the first contact with the public as they enter the Community Center building. This position will be instrumental in giving the proper information on event locations within the building, directing those with questions to the correct department, provide essential community information and process registrations for the Senior Services Division. This person must exhibit a service orientation toward customers and continue a productive working relationship with staff in addition to maintaining a working knowledge of Community Center and Senior Services . ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Physical Strength ESSENTIAL FUNCTIONS Code 1 L Communicates with clients, the general public, vendors and Town employees, either through personal contact at the front desk or by phone, to give directions, answer questions, forward rental requests, discuss current and upcoming events. 2 L Processes registrations for Senior Services activities using the ActiveNet booking system. Collects money, runs end of day ActiveNet reports and makes daily deposits. Must be able to troubleshoot and solve accounting problems associated with the ActiveNet system. 3 S Answers and re -directs phone calls to the appropriate facility member. Maintains correct information on reader board and checks materials left at desk to assure they are appropriate for distribution. 4 S Prepares and distributes Senior Services Advisory Commission meeting packets; attends Senior Services Advisory Commission meetings, transcribes Commission minutes from meetings. May serve as back-up for other Commissions related to the Community Services Department. 5 L Provides clerical support as necessary to the Community Center and Senior Services staff. Proofreads correspondence and reports, files, posts agendas, processes incoming mail to appropriate department. 6 L Provides basic information for Community Center and Senior Services. Conducts tours of the Center facility when necessary. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Level of knowledge equivalent to four year of high school or equivalency. Experience Work requires a minimum of (2) two years clerical experience. Must possess basic computer skills and working knowledge of Windows based programs. Certifications and Possession of a valid Arizona Driver's License for a minimum of two years with a good Other Requirements driving record. CPR/AED Certification required. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires ability to read routine documents. Math Work requires general math calculations (addition, subtraction, multiplication, division, percentages, decimals), ability to use a calculator, ability to reconcile bank deposits. Writing Work requires the ability to write correspondence. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work involves professional judgement to provide appropriate responses to the public and staff. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing in lower drawers Crouching R Retrieving from lower drawers standing to a significant N N/A Bending O degree. Twisting F From telephone to computer to file drawers PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Mail services, faxing, copying, filing, facility tours. Sitting F Desk and computer work and answering phones. Walking O To and from office equipment and around Communtiy Center building. Lifting R Files, office supplies Carrying R Files, office supplies Pushing/Pulling R Doors, filing drawers Reaching F Files, keyboard, materials for distribution Handling C Paperwork Fine Dexterity C Computer keyboard, calculator, telephone, writing Kneeling R Filing in lower drawers Crouching R Retrieving from lower drawers Crawling N N/A Bending O Filing in lower drawers, retireving distribution materials Twisting F From telephone to computer to file drawers Climbing R Stairs at Town Hall Balancing R Files or other materials Vision C Reading, computer monitor Hearing C Communication with staff and general public Talking C Communication with staff and general public Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Personal computer and related software, telephone system, copier, fax machine, laminator, label maker and other general office equipment. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS 09 Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/DistractingNoisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Customer Service Representative II Department: Administration Immediate Supervisor: Accounting Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Receives and directs visitors and callers to the appropriate Town representative or department. Responds to all forms of telecommunications at Town Hall. Performs moderately complex clerical and accounting work involving mail distribution, cashiering, program and facility registration. Assists with requests for public records. Must be able to work a flexible schedule. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Interacts frequently with the public by phone, email and through counter duty responding to customer inquiries and/or concerns. Demonstrates considerable tact and persuasion when dealing with customers who may become irate or distraught. 2 S Processes incoming and outgoing mail. Orders and maintains postage supplies. Distributes incoming faxes and maintains fax supplies. Orders and maintains animal license tags. 3 L Receives and handles payments and reconciles daily transactions. 4 L Registers individuals for various recreation programs and recreational facilities. Processes refund requests for cancelled programs. 5 S Serves as the central cashiering function for Administration, Parks & Recreation and other Town departments, receiving payments, processing credit card transactions, balancing the cash drawer, compiling and preparing daily reports and receipts. 6 L Performs administrative duties such as preparing correspondence, updating various reports and records, miscellaneous filing, assisting with requests for public records. Provides notarial services to public and staff. Performs other duties as assigned. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description MW JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Level of knowledge equivalent to four years of high school or equivalency. Knowledge of CLASS system, ActiveNet, and Microsoft Office preferred. Experience Work requires a minimum of (2) two years customer service experience and computer literacy. ** Certifications and Possesion of a valid driver's license for a minimum of two years with a good driving Other Requirements record. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires ability to read routine documents. Math Work requires the ability to perform general math calculations (addition, subtraction, multiplication, division, percentages, decimals), ability to use a calculator, ability to count cash drawer. Writing Work requires the ability to produce correspondence with clearly organized thoughts using proper English sentence construction, punctuation and grammar. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work involves professional judgment to provide appropriate responses to the public and staff. Interpersonal / Human The employee in this position contacts others within the organization as well as outside Relations Skills the Town. This employee must be able to deal with all types of people in a professional manner. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing in lower drawers Crouching R Retrieving from lower drawers standing to a significant N N/A Bending O degree. Twisting F From telephone to computer to book cases PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Mail services, faxing, copying, filing Sitting F Desk and computer work and answering the phone Walking O To and from office equipment and other departments Lifting R Files, office supplies, packages Carrying R Files, office supplies, packages Pushing/Pulling R Doors, filing drawers Reaching F For reference material, files, keyboard Handling C Paperwork, money Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling R Filing in lower drawers Crouching R Retrieving from lower drawers Crawling N N/A Bending O Filing in lower drawers, Twisting F From telephone to computer to book cases Climbing R Stairs Balancing R Files Vision C Reading, computer monitor Hearing C Communicating with staff and general public and on telephone Talking F Communicating with staff and general public and on telephone Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Personal computer and related software, telephone system, copier, fax machine, laminator, label maker and other general office equipment ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and M Hazards F Vibration O Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS 09 Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/DistractingNoisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Deputy Town Manager/Finance Director Department: Administration Immediate Supervisor: Town Manager FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs a variety of complex administrative and managerial duties required to direct the operations of the Finance Division to ensure they are in concert with the policies and goals of the Town Manager, Mayor and Town Council. Assists the Town Manager in overseeing the daily operations of the Town. Serves as acting Town Manager in incumbent's absence. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Performs duties as assigned by managing special projects for the Town Manager, such as coordinating community strategic plan process, operational contingency plan for fire service, handling cable franchise negotiations, economic impact analyses, Council reports, chairing meetings, and acting in Town Manager's place when needed. 2 S Provides support to Town Manager by attending Management meetings, Council meetings, prepares financial reports and presentations for Council, researching, analyzing and developing recommendations on financial issues 3 S Provides direction to Finance Division staff by establishing goals, setting priorities, scheduling and setting timelines and reviewing and evaluating performance. 4 S Oversees preparation of audited financial statements and special audits by coordinating with external auditors, preparing Comprehensive Annual Financial Report, Management Discussion and Analysis, Budget Message, disseminates reports to bond rating agencies. 5 S Prepares and oversees annual budget by forecasting revenue projections, preparing budget message, securing annual budget presentation award from Government Finance Officers Association, making budget available to citizenry. 6 S Coordinates with bond counsel, investment banking team for bond issuances and refinancing, bond ratings, covenant requirements. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires specialized knowledge in a professional or technical field. Knowledge Work requires professional level of knowledge of a discipline equivalent to that which is acquired in a Bachelors Degree -level of study. Masters Degree preferred. Experience Over five years experience as a department head or Assistant City Manager Certifications and CPA preferred. Possession of a valid driver's license for a minimum of two years with a Other Requirements good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires the ability to read memos, contracts, budgets, audits, Council reports, and various correspondence. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division as well as governmental accounting and finance. Writing Work requires the ability to write requests, daily reports, memos, and general correspondence. Managerial Planning responsibilities involve coordinating and assigning work schedules and duties of employees, overseeing construction projects, and planning associated with Town and capital budget preparation. Budget Responsibility The incumbent has responsibility to oversee budgetary recommendations to the Town council and monitors progress toward fiscal objectives and adjusts plans as necessary to reach them. Supervisory / Work requires managing and monitoring work performance of the Finance Department, Organizational Control including evaluating program/work objectives and effectiveness, establishing broad goals and realigning work and staffing assignments for the department. Complexity Work is of the broadest scope dealing with complex concepts and issues of importance to the Town. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town such as Human Resources or Town Clerk which may be involved in decision making or providing approval or decision making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchaes, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Crouching N standing to a significant N Bending R degree. Twisting N PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Meetings Sitting C Deskwork, meetings, driving Walking R To and from other departments/offices Lifting R Carrying R Files, office supplies, books, boxes Pushing/Pulling N Reaching R For suppies and files, telephone Handling R Files, telephone Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling N Crouching N Crawling N Bending R Twisting N Climbing N Balancing N Vision C Reading, computer monitor, driving, observing work activities Hearing C Communicating with personnel and general public Talking C Communicating with personnel and general public Foot Controls O Operating vehicles Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax machine, telephone, calculator, general office supplies, printer, coputer and related sofrware ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures C Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Director of Community Services Department: Community Services Supervisor: Town Manager FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Responsible for the oversight and operation of Parks and Recreation, Community Center and Senior Services. Overall fiscal responsibility concerning the department budget preparation, submission, defense and the oversight of expenditures. Responsible for the long term planning and development of the department. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Overall fiscal responsibility for the preparation, defense and adherence to the department's annual budget. 2 L Works with a wide variety of community and civic organizations in the development of recreational programs, activities, and goals and objectives. 3 L Plans and directs park and recreational facility acquisition, development and improvements. 4 L Formulates rules, policies and procedures associated with the public's use of facilities and their enrollment in programs. 5 L Overall responsibility for the preparation and defense of recommendations regarding fees for the use of facilities and their enrollment in programs, and the collection of these fees. 6 L Overall responsibility for the training, retention and supervision of all Department employees. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Parks & Recreation. Experience Seven (7) years experience in municipal recreation including at least three (3) years in direct supervision. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. CPR/AED certification and Frist Aid Certification. Certified Parks and Recreation Professional (CPRP) status preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read reports, letters, correspondence, schedules, budget materials, requisitions. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Ability to write clearly and concisely utilizing appropriate sentence structure, grammar and punctuation. Work requires the ability to write reports, letters, correspondence. Managerial Ability to manage the department effectively, efficiently and in a proactive manner. Budget Responsibility Ability to prepare and defend the annual budget, including operational and capital improvement expenditures. Upon adoption, responsible for the overall compliance with the spending limits contained therein. Supervisory / Overall responsibility for the supervision and oversight of employees and the various Organizational Control operational components of the Department. Complexity Requires the ability to simultaneously handle diverse tasks of varying priorities in an effective manner, with a focus on accomplishing results. Interpersonal / Human Position requires frequent contact with the public and various organizations on a variety Relations Skills of topics, many of which can be difficult and require a great deal of tact and diplomacy. Ability to work effectively with subordinates, peers, the media, and the public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or To reach files, supplies, etc. Crawling R Retrieving standing to a significant R To reach files, supplies, etc. Twisting R degree. Climbing R To hang program banners at events, etc. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE F DESCRIPTION At park sites and at recreational facilities Sitting F Office work, meetings and driving Walking F Throughout park sites and facilities Lifting R Various equipment and supplies Carrying R Various equipment and supplies Pushing/Pulling R Various equipment and supplies Reaching R For files, supplies, etc. Handling R Files, equipment, supplies, etc. Fine Dexterity R Computer keyboard, calculator, telephone keypad, etc. Kneeling R Picking up supplies, equipment, etc. Crouching R To reach files, supplies, etc. Crawling R Retrieving Bending R To reach files, supplies, etc. Twisting R To reach files, supplies, etc. Climbing R To hang program banners at events, etc. Balancing R To hang program banner at events, reach for supplies, etc. Vision C Reading, computer monitor, driving, observing work activities. Hearing F Communicating with the general public, employees, etc. in person and/or on the phone Talking F Communicating with the general public, employees, etc. in person and/or on the phone Foot Controls O Operation of a vehicle Revised 5/24/13 Return to Agenda FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, vehicle, general office equipment, phone, fax, etc. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS AL Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards C Vibration C Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime C Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work C Noisy/Distracting Environment C Other (see 3 below) (3) Revised 5/24/13 Return to Agenda Job Title: Director of Development Services Department: Development Services Immediate Supervisor: Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Plans, organizes and directs the work of professional and technical staff in such areas as engineering, streets, facilities, planning & zoning, code enforcement, mapping & graphics and building safety. Is responsible for operating, maintaining and improving the Town's public infrastructure; coordinates engineering and planning projects including research and design, including drainage and streets capital improvements, construction development, and/or maintenance programs; coordinates and administers contracts for professional services; reviews and approves various types of civil engineering improvement plans. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Revised 5/24/13 Return to Agenda Physical Strength ESSENTIAL FUNCTIONS Code 1 L Responsible for program planning and project development of all projects in the Town's Capital Improvement Program (CIP) including: producing or overseeing consultants in the production of project scoping or pre -design documents for projects planned in the twenty-year CIP, financial/cost analyses for projects, overseeing grants, initial project assessments, design concept reports, assisting the Finance Department on budgeting, financial planning and programming of projects in the twenty-year CIP, and coordinating project development activities with Town Departments. 2 L Directs, trains and evaluates the various divisions within the Development Services Department. Administers and distributes workloads for Town CIP and development projects. Inspects project sites to assist in the solution of difficult problems. Interprets specifications and Town policies. Prepares and manages the department's budget. 3 L Evaluates plans and reports by reviewing and approving submitted plats, improvement and "as- built" plans, and associated reports to ensure compliance with applicable Town laws, codes and ordinances, and other applicable engineering and planning principles. 4 S Develops department policies and guidelines by developing, updating and revising engineering design guidelines, construction specifications, and various standardized forms and processes and identifying and processing easement and Right -of -Way acquisitions for the developer and Town projects. 5 L Provides professional and technical support to the Town Manager, Town Council and other boards and commissions. Communicates with the general public, other Town, local, state and federal employees, vendors, management, contractors, and public officials in order to perform assigned work. Instructs and trains subordinates and informs the general public on capital improvement projects or different programs such as stormwater management. Prepares letters, memos, specifications, reports, Town Council Reports, with clearly organized thoughts using proper sentence structure, punctuation, and grammar to communicate technical and controversial issues. Coordinates Regional Transportation Improvement Projects (TIP) and items. 6 S Directs and participates in the development of plans, specifications, estimates, and work orders for the construction of community development projects, including drainage and streets projects. Supervises and participates in the development of capital improvement plan projects, including preparation of Request For Proposals and bid packages, the selection of consultants, preparation of plans, specifications and cost estimates, negotiating fees for professional services, processing submittals, progress payments and change orders. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 Return to Agenda JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree in Civil, Transportation, or equivalent. Experience Minimum of five (5) years public sector experience in project management, engineering, planning & zoning and supervision. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. Must possess a valid Arizona Professional Engineering License. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read construction plans and specifications, county, state and federal regulations, legal documents and descriptions, contracts, and engineering reports. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division, trigonometry, geometry and quantitative equations. Writing Work requires the ability to write technical and quantitative documents, engineering design guidelines, constructions specs and policies and procedures. Managerial Work requires the supervision of the Develoopment Services Department, which includes engineering, streets, facilities, planning and zoning, code enforcement. Budget Responsibility The incumbent prepares documents and does research to justify language used in documents for the Development Services Department and recommends budget allocations. Supervisory / Work requires supervising and monitoring performance of engineering and planning Organizational Control project managers and inspectors, the Streets Division, Code Enforcement, and Facilities. Complexity Work requires strong knowledge of general civil engineering principles and practices. The level of work requires exercising competent, independent judgement. Work is widely varied involving analyzing and evaluating many complex and significant variables, identifying needs and assignments, and developing and/or recommending departmental and or townwide policies and procedures. Interpersonal / Human This position has contact with others within the organization. These contacts may Relations Skills involve similar work units or departments within the Town. In addition, this position works with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Meetings and discussions may be conducted with customers, developers, contractors, and design engineers to resolve specific engineering issues. Revised 5/24/13 Return to Agenda C11�I 01 917.110_w 2 so ft' -1141\ Wi4ftWE" 0 i 11 BETA /\►`[7.3 ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or During inspections Crouching R During inspections standing to a significant N Bending R degree. Twisting O From computer to telephone PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F At job sites and meetings Sitting F Deskwork, meetings Walking F To other departments and around job sites Lifting R Plans and equipment Carrying F Plans and equipment Pushing/Pulling N Reaching R For supplies and plans Handling F Paperwork Fine Dexterity O Measuring and drafting Kneeling R During inspections Crouching R During inspections Crawling N Bending R Retrieving items from lower shelves Twisting O From computer to telephone Climbing R Stairs, step stool Balancing R On step stool Vision C Reading, computer monitor, observing work activities Hearing C Communicating with personnel and general public and on telephone Talking F Communicating with personnel and general public and on telephone Foot Controls O Automobiles Revised 5/24/13 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, fax machine, copier, scanner, telephone ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration O Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: Hard hat and steel -toed shoes NON-PHYSICAL DEMANDS: Return to Agenda PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle X Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures C Emergency Situations R Frequent Change of Tasks C Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Events Coordinator Department: Community Services Immediate Supervisor: Community Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Facilitates and schedules all event related activities for the facility. Work involves communicating with prospective and confirmed lessees regarding facility availability, conducting tours, and advising of services available. Works as the liaison between clients, the public, and staff prior to and during events to ensure that facilities, equipment, set up and personnel provided meet the requirements of the event and the client's contractual agreement. Assignments include providing on-site supervision of events . ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Responds to inquiries by prospective and confirmed lessees concerning rental rates and space availability. Investigates available dates and compatible spaces for new and repeat clients, suggesting alternate dates when necessary. 2 L Conducts facility tours, explains policies and procedures for use of the FHCC. Calculates and provides clients with estimates of potential costs incurred in completing an event. Promotes facility by attending tradeshows and networking events. 3 S Inputs, retrieves, and updates event requirements including contracts, CAD drawings and event reports. Maintains information through event management software system. Finalizes lessee requirements including all support personnel needed, such as bartenders, security guards, caterers and rental companies. 4 L Ensures that all paperwork for liquor events is in accordance with AZ Liquor Licenses and Controls and local permits. 5 L Resolves problems or complaints from clients or the public in accordance with established policies and procedures. Writes event reports noting attendance, times, and significant problems. Provides all paperwork associated with final settlement to administrative staff for invoicing. 6 H Opens and secures facilities before and after events; arranges for last minute adjustments in room or equipment setup at the request of lessee. Ensures that set up of chairs, tables, stages, or other equipemnt is in accordance with lease requirements and Revised 5/24/13 FOUNTAIN HILLS, ARIZONA with safety standards and fire codes. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 Return to Agenda Job Description FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Experience Three (3) years experience in coordinating a variety of events and activities at a convention center, civic center, theater, hotel or other public use facility; marketing. Work performed in a municipal enviornment is preferred. One year of experience in public relations, marketing or sales is preferred. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record required. CPR/AED certification required. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and interpret policies and procedures, contracts, comprehend and make inferences from written materials. Math Work requires the ability to make basic math calculations such as addition, subtraction, multiplication, division and percentages. Writing Produce written documents in the English language with clearly organized thoughts using proper sentence construction, punctuation, and grammar. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work involves decision making within established policies and procedures. Professional actions and judgement and analytical skills required to determine approporiate courses of action. Interpersonal / Human The position requires a high degree of interaction with others both inside and outside of Relations Skills the organization. Facility promotion at tradeshows and newtowkring events. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Supplies and equipment. Crouching R Supplies and equipment. standing to a significant N Bending O degree. Twisting N PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At events and programs Sitting C Office and paperwork Walking F Facility tours, final walk through with client, attending various outside events Lifting O Supplies and equipment, event setup. Setup at trade shows. Carrying C Supplies and equipment, event setup. Pushing/Pulling C Supplies and equipment, event setup. Reaching R Supplies and equipment, event setup. Handling R Supplies and equipment. Fine Dexterity R Supplies and equipment. Kneeling R Supplies and equipment. Crouching R Supplies and equipment. Crawling N Bending O Supplies and equipment, event setup. Twisting N Climbing N Balancing N Vision F Reading, observing activities, driving. Hearing F Communicating with personnel and general public. Talking F Communicating with personnel and general public. Foot Controls O Driving to and from outside events. Revised 5/24/13 Return to Agenda FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, audiovisual equipment, and supplies related to event setup. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards R Vibration O Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards M Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work R Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Executive Assistant Department: Community Services Immediate Supervisor: Community Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Provides support services and executive assistance for the Director and division heads of the department. Maintains Community Center event and receivables files. Prepares agenda and minutes; attends Commission Meetings. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Prepares contract documents for Community Center events; maintains event and receivables files. Assists Community Services supervisors in project construction management by reporting, file management, and contract administration. 2 S Assists Department management in budget preparation; prepares Department budget reports. Prepares bidding documents and administers contract documents for the annual landscape contract. Prepares daily accounting reports, monthly activity reports, and other reports as required. 3 S Prepares requisitions and receives products on purchase orders using the appropriate software system. 4 S Prepares and distributes Commission Meeting packets and postings; secures meeting rooms, attends Commission meetings, transcribes Commission minutes. Prepares all paperwork pertaining to Commission recruitment and attends recruitment interviews. 5 S Occasionally assists with conducting tours of the Community Center and booking events using the appropriate software. Assists patrons either in person, by phone or by e-mail. 6 Assists and provides back-up for the Community Center front desk. Orders supplies. Calls for equipment repair when necessary. * See page 3 — Overall Physical Strength Demands Revised 5/28/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description Revised 5/28/13 JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Must be literate in Microsoft Word, Excel, PowerPoint, and Microsoft Outlook. Experience Minimum five years in progressively responsible administrative work. Certifications and Possess a valid driver's license for a minimum of two years with a good driving record; Other Requirements Notary Public; Automated External Defibrillator/CPR Certification; First Aid Certification. ** Equivalent combination of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and understand reports, letters, correspondence, schedules, budget material and purchase orders. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write reports, letters, correspondence, schedules and purchase orders. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diversified duties. Work requires the exercise of independent thinking within the limits of policies, standards and precedents. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/28/13 FOUNTAIN HILLS, ARIZONA Cali/ X17\ 1� 1� 'b K 1f. �Cll11f : i 7 Vii► /\►i 0 3 Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Retrieving filing items and organizing equipment and supplies Crawling R Retrieving small pieces of equipment and supplies under tables standing to a significant O Retrieving filing items, small equipment, and supplies Twisting O degree. Climbing O Stairs and ladder 191,--1&1 rey11 a I7 0405 I\\I 17.`3 C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE O DESCRIPTION Filing, copying, assembling packet materials, and assisting the public Sitting F Deskwork and meetings Walking O To and from office equipment and other departments and during programs Lifting O Receiving and restocking supplies Carrying R Light weight equipment and office supplies Pushing/PullingPushing/Pulling R Light weight equipment Reaching O For supplies and files Handling C Paperwork, resolving problems associated with software systems Fine Dexterity C Computer keyboard and calculator Kneeling O Retrieving filing items and organizing equipment and supplies Crouching O Retrieving filing items and organizing equipment and supplies Crawling R Retrieving small pieces of equipment and supplies under tables Bending O Retrieving filing items, small equipment, and supplies Twisting O Retrieving filing items, small equipment, and supplies Climbing O Stairs and ladder Balancing R On ladder Vision C Reading, computer monitor, driving, observing work activities Hearing C Communicating with staff and the general public on the telephone Talking C Communicating with staff and the general public on the phone and in person Foot Controls O Transcription/recording equipment Revised 5/28/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, Copy machine, fax machine, laminator, paper autofolder machine, binding machine, recording equipment, telephone, calculator, general office supplies, typewriter, laser printer, inkjet printer, department vehicles, Automated External Defibrillator and first aid kits. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards N Temperatures N Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 N Below PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of I Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/28/13 FOUNTAIN HILLS, ARIZONA Job Title: Executive Assistant Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Supports the Director and all divisions within the Development Services Department by performing highly responsible secretarial, clerical and administrative duties. Serves as budget aide for all divisions of the department. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Physical Strength ESSENTIAL FUNCTIONS Code I S Provides administrative support in the day-to-day operations of the department. Screens the Director's phone calls and triages calls as appropriate. Maintains the Director's daily calendar and schedules meetings. Reviews incoming mail, distributes it accordingly, and responds to correspondence as directed. 2 S Use of MUNIS in daily work. Assists Director in implementing department budgets, expenditures; i.e. auto fuel, and department cell phone use. Purchases necessary items for department staff and itemizes department expenditures on credit card. 3 S Receives and maintains all incoming/outgoing submittals for the Planning & Zoning and Engineering Divisions. Maintains and monitors construction assurance files. Issues permits for overweight/overheight vehicles, Temporary Visitor's Permits, and grand opening sign permits. Researches and implements special projects as directed. Maintains weekly project log for Planning & Zoning/Engineering for weekly department meeting. Manages departmental timesheets. 4 S Issues permits and associated billings related to departmental plan review and inspection fees. Researches, as needed, and prepares information for presentation to the Town Council, Planning & Zoning Commission & Board of Adjustment; i.e. easement abandonments, agenda/packets. Oversees appointment of Commissioners and Board members per schedule. . 5 S Electronically records all Town documents when applicable and maintains recording records. Monitors and maintains Town's car pool on site. Orders and monitors general supplies for department. Maintains Policy & Procedure Manual, P&Z Zoning Ordinance, and Subdivision Ordinances/department web site updates. 6 S Responds to requests for information from staff and the general public in a timely manner to achieve satisfactory resolutions. Meets the needs of departmental personnel and management through efficient, established office procedures. Acts in a courteous and professional manner, and with good judgment, while assisting the public, elected and appointed officials, employees, service providers, and other state and county government agencies * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Minimum five years in progressively responsible administration work. Previous municipal experience working with the public is desirable. Certifications and Possess a valid driver's license for a minimum of two years with a good driving record. Other Requirements Notary Public state certification if required. CPR/AED Certification. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and understand reports, letters, correspondence, schedules, budget material and purchase orders. Ability to read and understand construction plans. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write reports, letters, correspondence, schedules and purchase orders. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diversified duties. Work requires the exercise of independent thinking within the limits of policies, standards and precedents. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing Crouching O Retrieving Files standing to a significant N N/A Bending O degree. Twisting F Computer to telephone or other equipment PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Filing, making copies, faxing Sitting F Desk work, meetings Walking O To and from office equipment and other departments Lifting R Receiving and restocking supplies Carrying R Equipment, files, office supplies Pushing/Pulling O File and desk drawers Reaching F For supplies and files Handling F Paperwork Fine Dexterity C Computer keyboard, calculator Kneeling O Filing Crouching O Retrieving Files Crawling N N/A Bending O Retrieving and filing items Twisting F Computer to telephone or other equipment Climbing R Retrieve files or plans Balancing N N/A Vision C Reading, computer monitor, driving, observing work activities Hearing C Communicating with personnel and general public and on telephone Talking C Communicating with personnel and general public and on telephone Foot Controls R Transcriber controls Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax machine, telephone, calculator, general office supplies, computer and related software, laser or inkjet printer, binding machine, audio equpment Town Council Chambers. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards C Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks C Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work C Noisy/DistractingNoisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Executive Assistant to Town Manager/Council Department: Administration Immediate Supervisor: Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Provides support to the Town Manager, Mayor and Council. Return to Agenda Job Description ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength IL ESSENTIAL FUNCTIONS Code 1 S Provides support to the Town Manager, Mayor and Council by coordinating meetings and events and maintaining Outlook calendars; relaying messages; preparing correspondence, reports, manuals, proclamations and various other documents utilizing Word, PowerPoint, Excel, and Publisher; handling registrations for conferences and seminars; making travel arrangements and preparing itineraries. 2 S Responds to requests or concerns from Town citizens and serves as liaison to Town departments on a variety of issues. Responds to requests from public officials in other governmental agencies and regional organizations. 3 L Coordinates Town meetings, receptions and special events, including intergovernmental meetings. 4 S Conducts research, accomplishes special projects, and sits on committees as assigned. 5 S Assists in performing essential Town Clerk duties in his/her absence. 6 S Acts as staff liaison to Strategic Planning Advisory Commission, Public Safety Advisory Commission, and Municipal Property Corporation. 7 S Prepares and oversees Town Manager and Council budgets; codes P -card purchases. 8 S Logs and fulfills Requests for Information during Council election cycles. 9 S Orders office supplies for Town Manager, Council, Finance and Town Clerk * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature Knowledge which may be obtained with one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Five years experience as an Executive or Administrative Assistant, preferably in a municipal setting. Certifications and Possess a valid Arizona Driver's License for a minimum of two years with a good driving Other Requirements record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read policies, procedures, handbooks, agreements, contracts, city ordinances, Council reports, newsletters, brochures. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division, ratios, and percentages. Writing Work requires the ability to write memos, letters, emails, and general correspondence. Managerial None Budget Responsibility Prepares and oversees Town Manager and Council budgets. Supervisory / None Organizational Control Complexity Work is governed by broad instructions, objectives and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgment. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Filing, retrieving items from shelves Crawling R N/A standing to a significant O Filing in lower drawers, retrieving items from lower shelves Twisting O degree. Climbing F Stairs PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE O DESCRIPTION Filing, making copies, faxing, retrieving mail, distributing Sitting F Deskwork, meetings Walking F To and from office equipment and other departments Lifting R Files, office supplies, tables and chairs Carrying F Files, office supplies Pushing/Pulling R Office cart Reaching R For items on higher shelves Handling F Files, office supplies Fine Dexterity C Computer keyboard, telephone keypad, calculator Kneeling R Filing Crouching R Filing, retrieving items from shelves Crawling R N/A Bending O Filing in lower drawers, retrieving items from lower shelves Twisting O From computer to telephone Climbing F Stairs Balancing O Carrying files, office supplies Vision C Reading, computer monitor Hearing C Communicating with personnel and general public and on telephone Talking C Communitcating with personnel and general public and on telephone Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, general office supplies, telephone, fax, copier ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration O Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Job Title: FACILITIES MAINTENANCE TECHNICIAN Department: Development Services Immediate Supervisor: Facilities/Environmental Supervisor FLSA Status: Non -Exempt BRIEF DESCRIPTION OF THE JOB: Performs a variety of general maintenance duties required to maintain the safety, aesthetics and physical plant operations of Town owned and/or leased facilities.. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code - 1 M Performs preventive maintenance on all Town physical plant operations, such as HVAC equipmnent. Maintains records for all preventive maintenance. Performs a variety of tasks related to plumbing, electrical, fabrication, carpentry and HVAC operations. 2 L Responds to requests received through the Maintenance Request system for maintenance/repairs of all Town owned/leased facilities. Distributes supply requests. 3 L Performs facility safety inspections, insures all life safety functions operate properly. 4 M Supplies and supports custodial positions, filling in for custodians during their absence. 5 L Performs the tasks of Facility Operations Supervisor in his/her absence. 6 M Performs all other duties as assigned. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Knowledge Minimum of high school diploma or equivalency. Knowledge of Microsoft Office and other basic computer skills Experience Three years of responsible experience in construction, commercial building maintenance; basic skills in HVAC, plumbing, electrical and plant maintenance. Certifications and Other Requirements Possession of a valid driver's licence for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Must be able to read and comprehend technical manuals and construction blue prints. Math Must be able to perform basic math calculations. Writing Must be able to communicate legibly in completing forms, work orders, supply requisitions and messaging. Managerial none Budget Responsibility none Supervisory / Organizational Control Liaison to custodial staff. Complexity Perform a diverse range of duties and responsibilities Interpersonal / Human Relations Skills Ability to interact with peers and public in a positive and professional manner. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ❑ Medium ® Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Crouching O standing to a significant R Bending O degree. Twisting O PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F Job sites Sitting R Walking F Between job sites and tasks Lifting F Tools, equipment, supplies Carrying F Tools, equipment, supplies Pushing/Pulling F Tools, Equipment, supplies Reaching F Telephone, supplies Handling F Fine Dexterity O Computer, telephone keypad Kneeling O Crouching O Crawling R Bending O Twisting O Climbing O Ladders Balancing O Ladders Vision C Hearing C Talking F Foot Controls O Vehicles and equipment Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Operate HVAC equipment in the 25 to 150 ton capacity. Operate all machinery associated with plant custodial care. Utilize all types of hand tools associated with construction and building maintenance. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical D Extreme S Hazards Vehicle Temperatures Outdoors Chemical D Noise and D Hazards F Vibration F Electrical W Wetness/Humidity S Hazards Fire Hazards M Respiratory M Hazards Explosives N Physical Hazards D Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) (1) (2) Mechanical Plants PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop X Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work PROTECTIVE EQUIPMENT REQUIRED: Hard Hat, gloves (Latex, Leather, Chemical Protection), safety glasses, respiratory, safety belts, steel toed footware. NON-PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS 09 Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/DistractingNoisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 4 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Job Title: FACILITIES/ ENVIRONMENTAL SUPERVISOR Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Organize and supervise the operations, maintenance and custodial services of owned and/or leased Town buildings. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code I L Plan, assign and supervise the work of staff involved in providing maintenance and custodial services to Town facilities; requisition supplies, materials, and equipment for all facility needs; prepare and maintain preventive maintenance programs and contracts. Implement Town environmental policies by initiating, managing and coordinating environmental programs. Coordinate and supervise wash and dam maintenance. Assist in management of the Town's Solid Waste contract. Reviews plans and other documents for consistency with the Town environmental policy. 2 S Participate in budget preparation and administration; prepare cost estimates for budget recommendations; submit justifications for budget items; monitor and control expenditures. Prepare and present various reports on existing and proposed environmental policies and programs to Town management, the Planning and Zoning Commission and the Town Council. 3 S Participate in the hiring of staff; monitor employee performance ; prepare employee performance reviews; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures. Research environmental regulations and programs for possible application in Fountain Hills 4 L Assist with the safety inspections of all Town facilities; respond to requests from the risk pool to implement improvements in property and staff safety; prepare reports required by Federal, State, and Local agencies.. Act as Town ADA (Americans with Disabilities Act) Coordinator, research and resolve ADA concerns with Town owned facilities; interact with US Department of Justice and State ADA compliancy agencies on matters concerning Town owned property. Ensure compliance with Federal, State, County and Town regulations and programs relating to storm water and air quality. 5 M Participate in and supervise the liquidation of Town surplus property in accordance with State regulations; prepare all necessary reports. Prepare and plan for the collection and destruction of archived files in accordanc with the State Records Reduction Act. Develop and implement monitoring, reporting and compliance Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description * See page 3 — Overall Physical Strength Demands Revised 5/24/13 strategies related to storm water and air quality, including drafting local regulations and submitting annual reports. 6 L Prepare and present reports to various entities on the many aspects of the storm water program including State and Federal regulatory agencies. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Planning, Environmental Planning, Environmental Science, Engineering or Water Resources. Basic knowledge of HVAC, plumbing, electrical and plant maintenance required. Experience Minimum of two years of municipal planning experience or experience in administering environmental or storm water management programs. Working knowledge of Microsoft Office software. Five years of responsible experience in construction and commercial building maintenance. Certifications and Computer skills in Microsoft Office software and Outlook (e-mail). Possession of a Other Requirements valid driver's license for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Must be able to read and comprehend technical manuals and construction blue prints. Ability to complex, technical documents, reports and regulations. Math Must be able to perform basic math calculations. Writing Ability to write reports, correspondence, and ordinance amendments. Managerial Planning responsibilities include scheduling daily tasks. Possess skills to work as a lead worker on projects. Ability to manage projects including scheduling and organizing meetings. Budget Responsibility Prepares and mointors a comprehensive budget pertaining to the Facilities/Environmental Division. Supervisory / Minimum two years of lead and supervisory responsibility. Organizational Control Complexity Position requires the ability to be self motivated, independent and self managed. Ability to follow broad instructions, objectives and policies. Work requires analysis and judgment in accomplishing diversified duties. Interpersonal / Human The employee in this position has contact with work units or departments within the Relations Skills Town, which may be involved in decision-making or providing approval for purchases or projects. In addition, this employee works with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Crawling R standing to a significant F Twisting O degree. Climbing O PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE F MEN DESCRIPTION Work site Sitting O Driving and computer/office work Walking F Between work sites Lifting F Tools & equipment, packages, tables, chairs Carrying O Tools & equipment, packages Pushing/Pulling F Equipment, broom, vacuum Reaching O Telephone, office supplies Handling O Tools & equipment Fine Dexterity F Small hand tools, computer, calculator, telephone and writing Kneeling O Work site Crouching O Crawling R Bending F Twisting O Climbing O Balancing O On ladder Vision C Driving, computer Hearing C Communicating with public and personnel Talking C Communicating with public and personnel Foot Controls F Town vehicle, gator, other Town equipment Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Maintains HVAC equipment in the 25 to 150 ton capacity, operates computer monitered and controlled HVAC. Operates hydraulic high reach equipment up to 30' in height. Operates all machinery associated with facility custodial care. Utilizes all types of hand tools associated with construction and building maintenance. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical D Extreme S Hazards Vehicle Temperatures Outdoors Chemical W Noise and D Hazards F Vibration O Electrical D Wetness/Humidity S Hazards Fire Hazards D Respiratory W Hazards Explosives N Physical Hazards D Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) (1) (2) Mechanical Plants PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop X Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work PROTECTIVE EQUIPMENT REQUIRED: Hard hat, gloves (latex, leather , chemical protection), safety glasses, respiratory, safety belts, steel toed footware (when necessary). NON-PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 Return to Agenda Job Title: Financial Services Technician Department: Administration Immediate Supervisor: Accounting Supervisor FLSA Status: Non -Exempt BRIEF DESCRIPTION OF THE JOB: Performs as a professional specialist with responsibility for an accounting program, function or specialty area. May be assigned to a specific functional area such as Accounts Payable, Accounts Receivable or Licensing/Permits, or may carry out special projects as assigned. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength REMMR ESSENTIAL FUNCTIONS - Code 1 S Processes/reconciles cash receipts, bank accounts, requisitions, purchase orders, accounts payable, accounts receivable, purchasing cards, petty cash, journal entries, business licensing, dog licensing, alcohol permits, fixed assets, general ledger or other program areas as assigned. 2 S Handles all inquiries and maintains the files for the program area assigned. Verifies information for accuracy and resolves any discrepancies prior to preparing data or preparing accounting or managerial reports. 3 S Acts as liaison with other departments to coordinate accounting activities, such as insuring accurate requisition preparation, following up on business license applications, and reconciliation of cash receipts from all departments. 4 S Maintains records, databases (MUNIS, Access, etc.) and reports. Ensures that files are appropriately maintained and that records retention guidelines are followed. 5 S Serves as back-up to the front customer service desk during absences, lunch hours, etc. 6 S Assists with other accounting functions as assigned. * See page 3 — Overall Physical Strength Demands Revised 7/25/08 Return to Agenda JOB REQUIREMENTS: 10% JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature Knowledge which may be otained with two years of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Experience A minimum of two years accounting experience. Experience in database maintenance preferred. Knowledge of Microsoft Word, Microsoft Excel, Access, CLASS, ActiveNet, and MUNIS preferred Certifications and Valid Arizona drivers license. Must be a licensed driver for a minimum of two years. Other Requirements ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read invoices, license applications, purchase orders, reports, and general correspondence. Attention to detail is a requirement of this position. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, and division, as well as business math. Writing Work requires the ability to write memos, emails, and documenting procedures. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diversified duties. Work requires the exercise of independent thinking within the limits of policies, standards, and precedents.. Interpersonal / Human The incumbent in this position contacts others within the organization. These contacts Relations Skills may be involved in decision making or providing approval or decision making authority for purchases or products. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Customers may also be called for information on licensing. Revised 7/25/08 Return to Agenda C11�I 01 917.110_w 2 so ft' -1141\ Wi4ftWE" 0 i 11 Bi► /\►`[7.3 ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Filing in lower drawers requires walking or O Filing in lower drawers Crawling N standing to a significant Bending O Filing in lower drawers Twisting degree. From computer to other desk areas Climbing O PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE O DESCRIPTION Filing, making copies, and faxing Standing Sitting C Deskwork Walking O To and from office equipment, mailroom, and other departments Lifting O Files, boxes, and books Carrying O Files, office supplies, books, and boxes Pushing/Pulling R File boxes Reaching F For supplies, files, and mail Handling C Paperwork Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling O Filing in lower drawers Crouching O Filing in lower drawers Crawling N N/A Bending O Filing in lower drawers Twisting F From computer to other desk areas Climbing O Ladder to reach files, stairs Balancing O While on ladder reaching for files Vision C Reading, computer monitor Hearing C Communicating with the public and personnel both in person and on the phone Talking F Communicating with the public and personnel both in person and on the phone Foot Controls N N/A Revised 7/25/08 Return to Agenda MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Calculator, copier, fax machine, telephone, typewriter, printer, general office supplies, computer and related software such as Munis, Access and Excel. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards N Temperatures N Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) (3) Revised 7/25/08 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Job Title: Fleet Mechanic/Open Space & Landscape Specialist Department: Development Services Immediate Supervisor: Street Superintendent FLSA Status: Non -Exempt BRIEF DESCRIPTION OF THE JOB: Schedules and performs maintenance and repairs on Town vehicles and construction equipment. Schedules emission tests and licensing. Processes documentation into Fleet Management Program. Performs a variety of semi -skilled and skilled work in maintenance and repair of landscaping, turf, irrigation systems, fountains, dams and grounds. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength t ESSENTIAL FUNCTIONS Code 1 S Maintains the fleet data management program. Schedules preventative maintenance inspections and repairs. Schedules emissions tests by conversing with agencies to receive emissions coupons and vehicle operations to complete the emission test, working with DMV for new and old vehicle registration. 2 S Processes maintenance documentation into fleet maintenance program, maintains fleet parts inventory and warranty repairs. 3 H Performs routine scheduled and un -scheduled repairs to all town vehicles and equipment which include tractors, backhoes, street sweepers, dump trucks, light trucks, cars and golf carts. Also performs welding and fabrication work and checks all vehicles and equipment over for other needed services. 4 H Performs other duties by monitoring shop safety procedures, cleaning vehicles, equipment and the shop, repairing shop equipment, research and ordering parts, analyzing complaints to ensure proper repair of the vehicles and equipment. M Inspects landscaping in medians and open spaces. Coordinates contracted landscape crews and wash cleanup crews; assigning jobs, then conducting follow-up. Performs maintenance and repairs as needed on irrigation. Programs and maintains irrigation timers. Maintains up-to-date records on all irrigation systems, tracking water consumption, etc. 6 M Cleans and maintains the fountains on Avenue of the Fountains and the water feature on Shea and Palisades. Inspects and maintains the dams. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Five years experience as an automotive and/or heavy equipment mechanic. Certifications and Possess a valid Arizona CDL Driver's License with Air Brake Endorsement for a Other Requirements minimum of two years with a good driving record. Mac certification license for refrigerant use. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read manuals and instructions and requires the ability to access and read the internet, OSHA directives, Town, county and state laws. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write vehicle replacement requirements, service reports and parts requests. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diverse duties. Work requires the exercise of independent thinking within the limits of policies, standards and precedents. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ❑ Medium ® Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or While inspecting and making repairs Crouching F While inspecting and making repairs standing to a significant F While inspecting and making repairs Bending F degree. Twisting F While inspecting and making repairs PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F At job site Sitting O Deskwork and inside vehicle Walking F Around job site and vehicle Lifting F Tools and equipment Carrying F Tools and equipment Pushing/Pulling O Equipment and supplies Reaching F For supplies and equipment Handling F Supplies and equipment Fine Dexterity F Installing small parts in confined areas Kneeling O While inspecting and making repairs Crouching F While inspecting and making repairs Crawling F While inspecting and making repairs Bending F While inspecting and making repairs Twisting F While inspecting and making repairs Climbing F Stairs, ladder Balancing F On ladder and large vehicle Vision C Reading, driving and looking for physical problem Hearing C Communicating with personnel and listening for possible problems Talking O Communicating with personnel and general public and on telephone Foot Controls F Operating heavy equipment and driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Tool box, professional tool set, Hydraulic lift, jacks, A/C equipment, diagnostic break out box and scan tool equipment, tire repair equipment, steam cleaner, volt meters, charging systems, part washer, hydraulic hose maker and computer software. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical D Extreme S Hazards Vehicle Temperatures Outdoors Chemical D Noise and D Hazards F Vibration C Electrical W Wetness/Humidity M Hazards Fire Hazards W Respiratory D Hazards Explosives M Physical Hazards D Communicable N Diseases Physical Danger or D Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: Safety glasses, steel -toed boots, gloves, ear plugs, welding face shields NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop X Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team R Tedious or Exacting Work F Noisy/Distracting Environment C Other (see 3 below) (3) Revised 5/24/13 4 FOUNTAIN HILLS, ARIZONA Job Title: GIS Technician/CAD Operator Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs paraprofessional technical duties for the Development Services Department. Provides technical CAD, GIS, mapping, graphics, drafting and Town facility management mapping support for all Town departments and Town customers. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code JL 1 S Prepares designs, revises plans, maps, and other graphics in AutoCAD, GIS and other computerized methods, and by manual drafting methods. Coordinates, prioritizes and distributesTown digital mapping and various projects. 2 S Design Signing and Striping plans for new subdivisions, commercial and improvement projects (final approval by Town Engineer). Address assignment and distribution to proper contacts for new subdivisions, commercial and utilitiy structures. CIP - Engineering design, exhibits and mapping. Minor drainage projects. 3 S Quarterly mapping updates of town maps. Prepare and check routine survey legal descriptions. Prepare Exhibits and legal descriptions for various Easement, Right -of - Way and Real Property Acquisitions and Abandonments. 4 L Perform slope analysis checks. Obtains surveying and engineering field data. Performs routine surveying and engineering calculations. Performs occasional site development and public works inspections. Prepares schedules and cost estimates. 5 L Maintains engineering, planning and facility drawing files, as-builts and GIS. Scanning coordination of archives. Develops written and graphic standards. 6 S Special projects -working with Mayor, Council and Town Manager, also with public agencies and emergency services . Performs other related duties as required. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational or technical nature which may be Knowledge obtained with two years of college, diploma or equivalent from a technical, business, vocational, or correspondence school. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Over two years experience in computer software applications, AutoCAD and/or Arcview software preferred. Two years of GIS experience required. Drafting, mapping, surveying, engineering, construction techniques, planning principles and practices and customer service experience preferred. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. Professional or technical registration, certification or licensing preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read civil engineering design guidelines, construction specifications and details, property legal descriptions, engineering plan review submittal forms and plans. Math Work requires the ability to perform routine surveying and enginnering calculations, general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write reports, property legal descriptions and general correspondence. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work is governed by specific instructions, objectives and policies. Work requires the exercise of consideralble initiative and independent analytical and evaluative judgement. Interpersonal / Human This position requires contact with others within the organization such as the Street Relations Skills Division, Parks and Recreation Department, Administration and Planning & Zoning. In addition contact may be required with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with citizens, realtors, developers, etc. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Plotting paper rolls, Files, office supplies, books, boxes Crouching N standing to a significant N Bending R degree. Twisting R From computer to telephone PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Routine office mobility Sitting C Computer work Walking R To and from office equipment and other departments Lifting R Plotting paper rolls, Files, office supplies, books, boxes Carrying R Plotting paper rolls, Files, office supplies, books, boxes Pushing/Pulling R Plotting paper rolls, Files, office supplies, books, boxes Reaching R Plotting paper rolls, Files, office supplies, books, boxes Handling O Plotting paper rolls, Files, office supplies, books, boxes Fine Dexterity F Computer keyboard, plotter's, calculator, telephone keypad, writing Kneeling R Plotting paper rolls, Files, office supplies, books, boxes Crouching N Crawling N Bending R Retrieving items from lower shelves Twisting R From computer to telephone Climbing N Balancing N Vision C Reading computer monitor Hearing C Communicating with personnel and general public and telephone Talking F Communicating with personnel and general public and telephone Foot Controls N Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Plotter, printer, copier, planimeter, calculator, light table, label maker, multi -line telephone, binding machine, fax machine, computer and related software. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards C Vibration O Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory S Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks C Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work C Noisy/DistractingNoisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA �llfj6at ;s P►X'/ Job Title: Groundskeeper Department: Community Services Immediate Supervisor: Parks Supervisor FLSA Status: Non -Exempt BRIEF DESCRIPTION OF THE JOB: Maintains and cleans landscaped areas, exterior of buildings, and facilities. Return to Agenda Job Description ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 M Maintain park grounds by removinge trash and litter, cleaning ramadas and restrooms, blowing off sidewalks and dugouts; assists with overseeding open turf and ball fields. 2 M Prune trees, plant trees, set irrigation clocks, install and maintain irrigation system, schedule and overseed fields. 3 M Prepare athletic fields by painting, leveling, and lining athletic fields; perform minor construction duties. 4 M Perform routine maintenence of playgrounds, tennis courts, basketball courts and volleyball courts. 5 M Fertilize turf and spray pesticides 6 L Order supplies, maintain inventory records * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description Revised 5/24/13 JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Level of knowledge equivalent to four years of high school or equivalency Experience One year of landscape maintenance or groundskeeping. Certifications and Possess a valid Arizona Driver's License for a minimum of two years with a good driving Other Requirements record; Playground Equipment and Safety training (within one year of hire); CPR certification; First Aid Certification; Structural Pest Control license (within one year of hire). ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read work schedules, instructions for equipment assembly, and equipment labels. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, and division. Writing Work requires the ability to fill out forms such as timesheets, leave requests, and etc. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Normal tasks require use of definite procedures, with little deviation. Work requires limited analysis. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Picking up trash, pulling weeds, irrigation work Crouching F Picking up trash, pulling weeds, irrigation work standing to a significant R Picking up trash, pulling weeds Bending F degree. Twisting O Picking up trash, pulling weeds, lifting equipment PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F At job site Sitting F Driving equipment Walking F Around jobsite Lifting F Tools and equipment Carrying O Boxes, equipment Pushing/Pulling F Equipment Reaching F Trimming Handling F Equipment Fine Dexterity F Landscaping, irrigation repair Kneeling O Picking up trash, pulling weeds, irrigation work Crouching F Picking up trash, pulling weeds, irrigation work Crawling R Picking up trash, pulling weeds Bending F Picking up trash, pulling weeds Twisting O Picking up trash, pulling weeds, lifting equipment Climbing O Ladder Balancing R On ladder Vision C Observing work activities Hearing C Communicating with personnel and on radio Talking F Communicating with personnel and on radio Foot Controls O Driving and operating heavy equipment Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Hand tools, blowers, weed eater, chainsaw, pesticide spayer, air compressor, chipper, power washer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical W Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and M Hazards O Vibration R Electrical M Wetness/Humidity S Hazards Fire Hazards N Respiratory M Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work PROTECTIVE EQUIPMENT REQUIRED: Safety glasses, gloves, hearing protection, constuction hat, steel -toed shoes, dustmask, backbrace, and chemical resistant suit NON-PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/DistractingNoisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 4 FOUNTAIN HILLS, ARIZONA Job Title: Home Delivered Meals Coordinator Department: Community Services Immediate Supervisor: Senior Services Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: The fundamental purpose of this position is to handle the day-to-day operations of the Home Delivered Meals Program (HDM), including coordination with clients, Area Agency on Aging (AAA), and communication with the vendor contracted to prepare the meals. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Maintains contact with the chef and staff of contracted meal vendor regarding meal schedule and meal quantity, and monitors quality of meal standards set by state guidelines. Relays client comments about the meals to the kitchen staff. 2 S Monitors and maintains all aspects of client's meal schedule; including client information, billing information, and changes to the daily route sheets. Maintains and tracks client accounts. Must clearly communicate and generate reports for contracted meal vendor, AAA, and the Town's Finance Department. 3 L Works with the daily HDM Volunteer Coordinators to make sure all routes are covered. Requests monthly schedule from coordinators. Maintains data base with volunteer schedule and contact information. Schedule training with daily coordinators. 4 L Intake new clients to include self -pay or underwritten meals, and work with Area Agency on Aging clients once they are approved. Create and verify AAA client signature sheets and change out route books. Enter all client meals into the CLASS software program and print reports. Apply for PO through MUNIS. Create requisition and check request for contracted meal vendor and AAA. Process self -pay client billing- invoice and mail. Update client authorizations into the Pharos software program and enter client meals into Pharos. Invoice Area Agency on Aging and Senior Services, Inc. Update monthly charts and reports. Update menu for the month with contracted meal vendor. 5 S Keeps Home Delivered Meals procedures up-to-date and available to volunteers. Creates weekly route sheets for volunteers, which includes maps and driving directions. Keeps volunteers briefed on any changes in the routing or delivery procedures. Troubleshoot problems when needed with client meal delivery. Notify Sheriffs Office if needed to conduct a wellness check. Be available to deliver meals if needed. Maintain HDM bags, route books, and supplies. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description 6 S Demonstrate continuous effort to improve operations, streamline work processes, and work cooperatively with co-workers to provide quality customer service. Maintain office and lobby kiosks. Work with office volunteers. Other duties as needed/assigned. * See page 3 — Overall Physical Strength Demands JOB REQUIREMENTS: Revised 5/24/13 2 JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Must be proficient in Excel worksheets and Word documents. Level of knowledge equivalent to four years of high school or equivalency. Experience A minimum of one year customer service, preferably with seniors. Minimum of one year clerical experience. Certifications and Possession of a valid Arizona driver's license for a minimum of two years with a good Other Requirements driving record. CPR/AED certified. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires ability to read routine documents. Math Work requires general math calculations (addition, subtraction, multiplication, division, percentages, decimals). Writing Work requires the ability to write weekly schedules, procedural reports, and activity reports. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work involves professional judgement to provide appropriate responses to customers and the public. Interpersonal / Human The incumbent in this position contacts others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers. Revised 5/24/13 2 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Filing in lower drawers requires walking or N Crawling N standing to a significant Bending O Filing in lower drawers Twisting degree. From telephone to computer Climbing R PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE O DESCRIPTION Faxing, copying, filing Standing Sitting F Deskwork Walking O Around office and Community Center. Deliver route books to kitchen. Lifting R Files, office supplies, and meal bags Carrying R Files, office supplies Pushing/Pulling R Doors, filing drawers Reaching F Files, books, keyboards Handling F Paperwork Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling R Filing in lower drawers Crouching N Crawling N Bending O Filing in lower drawers Twisting O From telephone to computer Climbing R Stairs Balancing R Files Vision C Reading, computer monitor, driving Hearing C Communication with staff, customers, on the telephone Talking F Communication with staff, customers, on the telephone Foot Controls O Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Office machines such as copier, fax machines ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/Distracting Environment N Other (see 3 below) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Job Title: Human Resources Administrator/Risk Manager Department: Administration Immediate Supervisor: Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Provides counsel and advice to insure effective management of the organization's human resources through organization planning, selection, placement, compensation, training, and employee relations activities. Ensures compliance with organization policies and procedures, federal, state, and local laws/regulations. Establishes effective relationships with management throughout the organization in order to provide appropriate support for their activities. Provides information to others as needed in order to fulfill their responsibilities. Participates in relevant professional associations; establishes and maintains appropriate relationships with oversight agencies. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description Physical Strength ESSENTIAL FUNCTIONS Code 1 S Provides counsel and recommends organizational structure and organizational development activities that enable groups to work together effectively, efficiently and harmoniously. Advises and counsels employees, supervisors, directors and the Town Manager regarding a variety of human resource issues including classificaiton, compensation, benefits, employment, employee relations, discipline, safety, policies and procedures, and training. Processes employee grievances and conducts investigations. 2 S Develops and implements salary administration guidelines; determines appropriate level of compensation for Town positions; performs compensation and benefit studies, responds verbally or in writing to inquiries and surveys pertaining to employment, job analysis, classificaiton and compensation; reviews proposed salary actions to ensure conformance and equity with established guidelines and policies and participates in salary surveys to determine organization's market relationship. 3 S Works with the Town Attorney and/or employment attorneys to resolve human resources legal matters; develops processes and assists others in the organization to comply with the requirements of various federal, state and local employment laws/regulations; investigates charges brought against the organization under employment statutes; negotiates and recommends settlement of cases where appropriate; appears before state or federal agencies or courts as necessary; facilitates resolution of grievances raised by employees; meets with agents demanding or claiming representation of employee groups. 4 S Prepares and distributes written and verbal information to inform employees of benefit programs such as insurance and retirement plans, analyzes existing benefit policies of organization and prevailing practices among similar organizations to establish competitive benefit programs, and recommends benefit plan changes to management. Coordinates FMLA, ADA and worker's compensation; 5 S Attends Town Council meetings and other public meetings as necessary to support the organization's human resource activities; participates in relevant professional associations and activities; establishes and maintains relationships with oversight agencies and organizations having jurisdiction over Town employment activities. 6 S Administers and participates in the development of the Town's Risk Management Program, attends Loss Control Meetings, evaluates insurance coverage, loss exposure and potential loss in order to determine risks; coordinates the processing and settlement of all claims with the appropriate parties. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent. Experience Minimum of seven (7) years paid full-time experience in Human Resources, two (2) of which must have been at a management level. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. CPR/AED Certification. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires the ability to read court cases, budgets, policies, documents, and reports at a college level. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division and to prepare statistics for budgets. Writing Work requires the ability to write general correspondence, articles, letters, and reports at a college level. Managerial Planning responsibilities include planning activities for the department and Town, assisting with the reorganization of personnel, and establishing organizational goals for staff. Budget Responsibility Prepares and oversees the budget of Human Resources and Risk Management. Supervisory / Supervises the Volunteer Coordinator. Organizational Control Complexity Work is widely varied, involving analyzing and evaluating many complex and significant variables. Town -wide policies, procedures, or precedents are developed and/or recommended. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town which may be involved in decision making or providing approval or decision making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, consultants and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Retrieving files Crouching R Retrieving files standing to a significant N Bending R degree. Twisting F To/from computer to desk, retrieving files PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION111 11111 Standing O Copier, fax machine, presentations. Sitting C Computer, desk work, paperwork, meetings, driving Walking C Inter -office, to/from other buildings, to/from meetings Lifting R Supplies Carrying R Reports, supplies, files, paperwork Pushing/Pulling R Boxes, doors, chairs, filing cabinet drawers Reaching F Office supplies, files Handling F Paperwork Fine Dexterity C Computer keyboard, writing, telephone keypad, calculator Kneeling R Retrieving files Crouching R Retrieving files Crawling N Bending R Retrieving files Twisting F To/from computer to desk, retrieving files Climbing R Stairs Balancing N Vision C Computer, desk work, paperwork, writing, reading, use of office equipment, driving Hearing C Telephone, co-workers, staff, supervisor, Council members, Town manager, directors, attorneys, representatives, meetings, presentations, training Talking C Telephone, co-workers, staff, supervisor, Council members, Town Manager, directors, attorneys, representatives, meetings, presentations, training Foot Controls O Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax machine, telephone, calculator, general office supplies, computer and related software, laser or inkjet printer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration O Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see 1 N Below) PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/DistractingNoisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Information Technology Coordinator Department: Administration Immediate Supervisor: Deputy Town Manager/Finance Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Manages the activities of Information Technology including application services, system and network operations, customer support and telecommunications services. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength V ESSENTIAL FUNCTIONS It Code 1 S Plans and organizes direction of the information technology activities of the Town including network, infrastructure, telecommunications, computer-related hardware and software, IT security, IT consulting and project management and new technology research. Works with departments in identifying computer software and hardware needs. Prepares special studies, analyses and projections. 2 L Provides quality technical support by troubleshooting and analyzing systems with a high degree of customer service, technical expertise and timeliness to Town staff. Provides support for Council and Commission meetings. Provides Town website and Channel 11 programming and upkeep. 3 S Monitors network activity, performs preventative maintenance to servers, workstations, and infrastructure. Maintains Town -wide software licenses, software inventory, cell phones, pagers, and maintenace contracts. 4 S Administers the division budget. Provides end-user training to staff. Administers access control system by issuing building access and ID cards, adding and removing users. S Develops, implements, and manages operational standards and escalation procedures to ensure service levels are maintained at a consistent level. Documents, tracks, and monitors problems to ensure resolution in a timely manner with the least impact on Town operations . 6 S Performs other duties as assigned or required. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature Knowledge which may be obtained with advanced training or study past the high school equivalency. Junior college, vocational, business, or technical schools are likely sources.. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Minimum of five (5) years experience as Network Administrator or I/T Technician. Certifications and Microsoft Certified Professional, A+ Certified, or BS degree in Information Technology Other Requirements preferred. Possess a valid Arizona Driver's License for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read technical instructions, technical specifications, planning documents, letters, memos, and general correspondence. Math Work requires the ability to perform general math calculations. Writing Work requires the ability to write memos, presentations, and issue requests for proposals, letters, and general correspondence. Managerial Allocating resources and planning projects. Budget Responsibility Prepares and monitors annual Information Technology budget and makes recommendations to other Town departments for technology requests. Supervisory / None Organizational Control Complexity Work is governed by broad instructions, objectives, and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgment. Interpersonal / Human Work requires contact with others in the organization. In addition, work is performed Relations Skills with contact to others outside the Town who may belong to professional or peer organizations. Working with state and federal agencies may also be required. Vendors and suppliers may be called upon to provide information on purchases, supplies, or products. Meetings and discussions may be conducted with Town employees and outside sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Working on computers on the floor Crawling O Working on computers on the floor standing to a significant O Working on computers on the floor Twisting R degree. Climbing R Ladders, stairs PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE O DESCRIPTION Observing work duties and activities Sitting F Deskwork and meetings Walking O To and from office equipment, other departments, to/from job sites Lifting O Files, office supplies, and computer equipment Carrying R Files, office supplies, and computer equipment Pushing/Pulling O Computer equipment Reaching O Connecting equipment cables Handling O Files, office supplies, and computer equipment Fine Dexterity O Computer and telephone keypads, writing, setting jumpers on circuit boards Kneeling O Working on computers on the floor Crouching O Working on computers on the floor Crawling O Working on computers on the floor Bending O Working on computers on the floor Twisting R Working on computers on the floor Climbing R Ladders, stairs Balancing R Ladders Vision C Reading, computer monitor, driving, observing work activities Hearing C Communicating with personnel and general public and on phone Talking C Communicating with personnel and general public and on phone Foot Controls R Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Screw drivers, ladders, test meters, copy machine, fax machine, telephone, calculator, office supplies, computer and software, laser and/or ink jet printer ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration N Electrical W Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards D Communicable N Diseases Physical Danger or N Abuse Other (see 1 N Below) (1) N/A (2) N/A PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks C Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/DistractingNoisy/Distracting Environment N Other (see 3 below) - (3) N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Information Technology Technician Department: Administration Immediate Supervisor: Deputy Town Manager/Finance Director FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Provide technical support to Town staff, diagnose and repair hardware and software issues. Work cooperatively with I/T Coordinator to maintain Town's data and telephone networks and equipment. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Provide first level support to users experiencing software or hardware problems. This includes reponding to help desk requests. 2 S Create custom reports using Crystal Reports or Access. 3 L Serve as trainer for MUNIS including creating training and instructional documentation. 4 S Provide support to the Information Technology Coordinator, including but not limited to video recording council meetings. 5 S Fix any MUNIS issues that arise internally and when they cannot be fixed, correspond with Tyler Technologies to fix these issues. 6 * See page 3 — Overall Physical Strength Demands Revised 4/3/2013 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature Knowledge which may be obtained with advanced training or study past the high school equivalency. Junior college, vocational, business, or technical schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience One - two years, including software and hardware Certifications and Knowledge of Crystal Reports, Microsoft Office Other Requirements A+ Certification preferred. Possession of a valid driver's license for a minimum of 2 s. with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to follow written directions. Math Ability to perform general math calculations. Writing Ability to communicate effectively through written communications. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work is assigned with detailed instructions. Some initiative is required. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 4/3/2013 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Working on workstations Crouching R Working on workstations standing to a significant R Working on workstations Bending O degree. Twisting O Working on workstations PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Working on workstations Sitting F Deskwork, working on workstations Walking O To repair locations located at the Town Center complex. Lifting O Tools, equipment, and supplies Carrying O Carrying lightweight computer equipment. Pushing/Pulling O Tools, equipment, and supplies Reaching O Tools, equipment, and supplies Handling F Tools, equipment, and supplies Fine Dexterity F Fine dexterity required when working on delicate electronic equipment. Kneeling R Working on workstations Crouching R Working on workstations Crawling R Working on workstations Bending O Working on workstations Twisting O Working on workstations Climbing R Climbing ladders to reach high places. Balancing N On ladder or step stool, camera platform Vision C Reading, computer monitor Hearing C Communicating with personnel, listening for equipment noise Talking C Communicating with personnel, listening for equipment noise Foot Controls N N/A Revised 4/3/2013 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Network and other electronic testing equipment, screwdrivers, cleaning agents, computer, printer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration R Electrical M Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards M Communicable N Diseases Physical Danger or N Abuse Other (see I Below) (1) N/A (2) N/A PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) - (3) N/A Revised 4/3/2013 FOUNTAIN HILLS, ARIZONA Job Title: Operations Coordinator - Community Center Department: Community Services Immediate Supervisor: Community Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs both set up and take down duties as well as participatory supervision of operation workers. Organizes, supervises and oversee the daily custodial and maintenance services. Coordinates repairs and construction projects, maintains proper levels of supplies needed for facility maintenance. Works with the Community Center Event Coordinator to ensure that facilities, equipment and set up meet the requirements of the event and the client's contractual agreements. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Prepares work schedules based on staffing budget and event schedule. Assigns work to employees, oversees work procedures and inspects work in progress to support various events and activities. 2 M Trains and supervises employees in the safe operation of equipment, such as floor scrubbers, dance floor, staging, alarms, AV equipment, and in routine maintenance of the building and equipment. 3 S Communicates with vendors and evaluates new products as needed. Keeps current on maintenance of all equipment and building codes. Maintains compliance with OSHA standards and fire code regulations. 4 L Communicates with Center clients and staff to clarify needs ensuring proper event set up. Works closely with Community Center Event Coordinator and Senior Center Supervisor to make sure event sheets and drawings are reviewed after event has ended. 5 M Arranges for last minute adjustments in room or equipment set up at the request of lessee. Resolves problems or complaints from clients or the public in accordance with established policies and procedures 6 * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Principles and practices of supervision for personnel. Knowledge of common tools and Knowledge the use and maintenance of light motorized equipment. Knowledge of fire codes and safety practices and procedures for custodial and public facilities. Knowledge of specialized equipment such as audio visual equipment, operable wall system, HVAC and cleaning equipment. Experience One year of facilities operations management, or the equivalent training and experience in event management and supervision.** Certifications and Basic computer skills and possession of a valid driver's license for a minimum of two Other Requirements years with a good driving record. CPR/AED certification required. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires the ability to read and interpret policies and procedures, contracts, comprehend and make inferences from written materials. Math Work requires the ability to make basic math calculations such as addition, subtraction, multiplication, division and percentages. Writing Produce written documents in the English language with clearly organized thoughts using proper sentence construction, punctuation, and grammar. Managerial None Budget Responsibility None Supervisory / Supervise the work activities of multiple support staff groups and satisfy the contract Organizational Control requirements for multiple events occuring simultaneously. Complexity Work involves decision making within established policies and procedures. Professional actions and judgement and analytical skills required to determine approporiate courses of action. Interpersonal / Human The position requires a high degree of interaction with others both inside and outside of Relations Skills the organization. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ❑ Medium ® Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Supplies and equipment. Crouching R Supplies and equipment. standing to a significant N Bending O degree. Twisting N PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing C At events and programs. Sitting O Office and paperwork. Walking C Set up and take down of various events. Lifting C Supplies and equipment, event setup. Carrying C Supplies and equipment, event setup. Pushing/Pulling C Supplies and equipment, event setup. Reaching R Supplies and equipment, event setup. Handling R Supplies and equipment. Fine Dexterity R Supplies and equipment. Kneeling R Supplies and equipment. Crouching R Supplies and equipment. Crawling N Bending O Supplies and equipment, event setup. Twisting N Climbing N Balancing N Vision F Reading, observing activities, driving. Hearing C Communicating with personnel and general public. Talking C Communicating with personnel and general public. Foot Controls O Driving to and from outside events. Revised 5/24/13 Return to Agenda FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, audiovisual equipment, and supplies related to event setup. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical W Extreme N Hazards Vehicle Temperatures Outdoors Chemical M Noise and N Hazards R Vibration O Electrical M Wetness/Humidity S Hazards Fire Hazards M Respiratory N Hazards Explosives N Physical Hazards D Communicable N Diseases Physical Danger or M Abuse Other (see I Below) (1) (2) Community Center PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) X C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks O Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work R Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Operations Worker Department: Community Services Immediate Supervisor: Operations Coordinator FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Supports a wide variety of facilities operations at the Community Center. Communicates with the general public, clients, vendors and management in order to answer inquiries, ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical StrengthIL ESSENTIAL FUNCTIONS Code 1 Ensures the set-up and take down of chairs, tables, staging, sound equipment, dance FVH floor or other equipment in accordance with the lease requirements. 2 L Working knowledge of all audio visual, sound, lighting, kitchen and bar equipment. Responsibilities include set-up and basic operation of equipment. 3 L May occasionally opens and/or secures facility before and after events. Completes event reports noting attendance and any significant problems. 4 L Demonstrates continuous effort to improve operations, decrease turn -around times, streamline work process, and works cooperatively and jointly to provide quality seamless customer service. 5 S Performs custodial duties as needed, including but not limited to cleaning, sanitizing and replenishing restrooms. Washes windows, walls and mirrors. Sweeps, mops, scrubs, waxes and vacuums floors. Dusts and cleans offices. Replaces light bulbs, cleans and polishes fixtures and empties waste receptacles and ashtrays. 6 * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / High School equivalency Knowledge Experience Audio, visual and customer service skills. Previous banquet or meeting facilities skills a plus. ** Certifications and Possession of a valid drivers license for a minimum of two years with a good driving Other Requirements record. CPR/AED Certification. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Requires good reading skills. Being able to follow written instruction is important in this position. Math Work requires basic math skills. The ability to calculate and balance cash in and cash out transactions. Writing Work requires good written skills. Communication between shifts is essential. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity The responsibility of customer service and client satisfaction is important to the success of our goal. Interpersonal / Human Customer/Client relations and team building skills are required. Communication and the Relations Skills ability to work in a team environment are essential. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ❑ Medium ❑ Heavy ® Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Installing dance floors, audio cords and electical cords Crouching F Installing dance floors, audio cords and electical cords standing to a significant R Bending F degree. Twisting F PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Sitting O Walking F Lifting F Tables, chairs and sections of dance floors. Carrying F Tables, chairs and sections of dance floors. Pushing/Pulling F Staging, carts, racks of chairs up to 1200 Lbs. Reaching F Handling F Fine Dexterity R Kneeling F Installing dance floors, audio cords and electical cords Crouching F Installing dance floors, audio cords and electical cords Crawling R Bending F Twisting F Climbing R Balancing R Vision F Hearing F Customer/Client services. Talking F Customer/Client services. Foot Controls R Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, copy machine, vacuum cleaner, floor machines. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical W Extreme N Hazards Vehicle Temperatures Outdoors Chemical w Noise and N Hazards R Vibration O Electrical M Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards D Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) (1) (2) Community Center PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center X Other (see 2 Below) D C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime C Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work R Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Park Operations Lead Department: Community Services Supervisor: Parks Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Manages maintenance of park or parks and oversees contract staff. Assists with equipment and projects as needed. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Assists with work schedules by planning and organizing projects with Park Supervisor and employees. Oversees crews and projects. Performs hands-on work. 2 S Administers yearly budget by allocating funds for the park's operational needs ; collects proposals to get specific projects accomplished. 3 S Monitors contract staff by observing daily work performance, ensuring the completion of projects. 4 M Inspects park site for public safety hazards or problems in the field, taking initiative for corrective action. 5 M Maintains accurate records of work activities and scheduling of overseed and irrigation clocks; monitoring water usage; pesticide and fertilizer management schedule; legal and health concerns with effluent water. 6 M Responsible for overall park and safety of playgrounds, fields, and all amenities. Responsible for ordering all supplies, tools, and equipment needed for daily operations of the park and scheduled activities; operating various equipment as needed for proj ects. * See page 3 — Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / High school diploma or equivalency; knowledge of irrigation systems with master valve Knowledge and pump station, clocks, wires, valves, heads, drip and rotors, as well as legal and health concerns with using effluent water, and environmental impact of herbicides and fertilizers. Experience Two (2) years in grounds or turf maintenance Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. State of Arizona pesticide applicator certificate (within one year of employment), basic first aid, CPR/AED Certification, certified landscape professional program (within one year of employment), playground safety certification. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read contract proposals, memos, action plans, budgets, schedules, and blue prints. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, and division; and basic calibrations for chemical applications. Writing Work requires the ability to write action plans, schedules, budgets, memos, and general correspondence. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work is governed by broad instructions, objectives, and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgement. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town such as field supervisors, coordinators, public works, or directors that may be involved in decision making or providing approval for puchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies, or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Assisting crews with equipment and projects Crouching F Assisting crews with equipment and projects standing to a significant F Assisting crews with equipment and projects Bending F degree. Twisting F Assisting crews with equipment and projects PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F During inspections, trimming, raking, prepping Sitting O Deskwork and driving Walking C Prepping, trimming, painting Lifting F Bases, branches, garbage, tables, fertilizers, seed, plants, trees. Carrying F Assisting crews with equipment and projects Pushing/Pulling F Assisting crews with equipment and projects Reaching F Assisting crews with equipment and projects Handling F Assisting crews with equipment and projects Fine Dexterity O Computer keyboard, telephone keypad, and writing Kneeling F Assisting crews with equipment and projects Crouching F Assisting crews with equipment and projects Crawling F Assisting crews with equipment and projects Bending F Assisting crews with equipment and projects Twisting F Assisting crews with equipment and projects Climbing F Assisting crews with equipment and projects Balancing F Assisting crews with equipment and projects Vision C Reading, computer monitor, observing work activities Hearing C Communicating with personnel and general public Talking C Communicating with personnel and general public Foot Controls F Assisting crews with equipment and projects FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Backhoe, trencher, blower, chainsaws, trailer, tractor, gators, spreaders, paint and chemical sprayers. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical D Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and D Hazards O Vibration F Electrical S Wetness/Humidity S Hazards Fire Hazards N Respiratory D Hazards Explosives N Physical Hazards M Communicable M Diseases Physical Danger or N Abuse Other (see 1 W Below) (1) Hepatitis, effluent water (2) PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work PROTECTIVE EQUIPMENT REOUIRED: Safety glasses, gloves, hearing protection, constuction hat, steel -toed shoes,dustmask, backbrace, and chemical resistant suit . NON-PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment F Other (see 3 below) (3) FOUNTAIN HILLS, ARIZONA Job Title: Parks Supervisor Department: Community Services Immediate Supervisor: Community Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Supervise and evaluate Parks Division staff, facilities, and daily maintenance operations. Coordinate activities with other departments and resolve issues and complaints from citizens. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Supervise staff, facilities, and daily operations, which includes annual evaluations, monitoring park budgets, park amenities, equipment and vehicles. 2 S Conducts research and prepares written budgetary expenditure justification, facility usage and activity reports. 3 S Participates in the planning of new park facilities. 4 L Administers contracts for grounds maintenance and capital improvements. 5 L Meets with vendors and oversees contract workers 6 H Assist staff with daily maintenance and operations as needed at each park facility. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience 3 to 5 years experience in supervision of municipal parks or ground maintenance. Certifications and Possess a valid Arizona Driver's License for a minimum of two years with a good driving Other Requirements record; Playground Equipment and Safety certification; CPR certification; First Aid Certification; Structural Pest Control license. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read reports, memos, bids, blueprints, and correspondence. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, and division; basic calibrations for chemical applications. Writing Requires ability to correspond by writing reports, e-mails, memos, letters, requisitions, and employee evaluations. Managerial Responsibilities include personnel reviews, maintenance schedules, administering contracts, and attending meetings. Budget Responsibility Responsible for preparing all Town parks annual budgets, including research and recommendations for park equipment and facilities Supervisory / Work requires managing and supervising all Parks Division employees, including input Organizational Control on hiring, disciplinary actions and evaluations.. Complexity Work requires extensive knowledge of all aspects of grounds and facilities maintenance: turf, irrigation, buildings, electrical, mechanical , and etc.. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Assisting crews with equipment and projects Crouching O Assisting crews with equipment and projects standing to a significant N N/A Bending O degree. Twisting O Assisting crews with equipment and projects PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F During inspections, tours, and assisting personnel Sitting O Desk work, meetings, and driving Walking F During inspections, tours, and assisting personnel Lifting O Assisting crews with equipment and projects Carrying O Assisting crews with equipment and projects Pushing/Pulling O Assisting crews with equipment and projects Reaching O Assisting crews with equipment and projects Handling O Assisting crews with equipment and projects Fine Dexterity F Computer keyboard, telephone keypad and writing Kneeling O Assisting crews with equipment and projects Crouching O Assisting crews with equipment and projects Crawling N N/A Bending O Assisting crews with equipment and projects Twisting O Assisting crews with equipment and projects Climbing R Assisting crews with equipment and projects Balancing R Assisting crews with equipment and projects Vision F Reading, computer monitor, observing work activities Hearing C Communicating with personnel and general public Talking C Communicating with personnel and general public Foot Controls O Assisting crews with equipment and projects Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Backhoe, trencher, blower, chainsaws, trailer, tractor, gators, spreaders, paint and chemical spayers, printer, and computer ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical M Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and M Hazards O Vibration R Electrical M Wetness/Humidity S Hazards Fire Hazards N Respiratory M Hazards Explosives N Physical Hazards M Communicable W Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: Safety glasses, gloves, hearing protection, constuction hat, steel -toe shoes NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Recreation Assistant Department: Community Services Supervisor: Recreation Program Coordinator or Recreation Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: The fundamental reason this position exists is to perform simple manual and clerical duties, with little or no supervision, in park maintenance or recreation unskilled activities. Some positions are assigned to the maintenance area performing tasks such as custodial work and policing of the grounds. In the recreation area, duties include providing unskilled clerical support and helping with the various recreation programs. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 M Participates in delivery of recreation programs; including interaction with participants 2 M Polices sites, picking up paper and trash. Provides general cleaning of buildings and restrooms 3 S Performs routine clerical functions such as delivering flyers and answering phones or general office work 4 L Sets up apparatus and other equipment and issues supplies; lines athletic fields and ball diamonds 5 S Demonstrates continuous effort to improve operations, decrease turnaround times, streamline work processes, and work cooperatively and jointly to provide quality seamless customer service 6 * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Level of knowledge equivelent to four years of high school or equivalency. Experience Six (6) months experience in related programs areas preferred. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record, Basic First Aid and CPR/AED Certification required. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read reports. Some Recreation Assistants may interpret manuals, rules, contracts, purchase orders, and professional publications. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write reports and fill out forms. Some Recreation Assistants must possess the ability to write letters, sponsorship requests, flyers, receipts, and equipment bids. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work is governed by broad instructions, objectives and policies. Work requires the exercise of initiative and independent analytical and evaluative judgement. Interpersonal / Human Establish and maintain effective working relationships with employees and the Relations Skills public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or At park sites, recreation facilities and progarms/events Crouching O At park sites, recreation facilities and progarms/events standing to a significant R At park sites, recreation facilities and progarms/events Bending O degree. Twisting O At park sites, recreation facilities and progarms/events PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At park sites, recreation facilities and progarms/events Sitting F Deskwork, meetings, driving Walking O At park sites, recreation facilities and progarms/events Lifting R Equipment and supplies Carrying R Equipment and supplies Pushing/Pulling R Equipment and supplies Reaching O Equipment and supplies Handling O Equipment and supplies Fine Dexterity F Computer keyboard, telephone keypad, writing Kneeling O At park sites, recreation facilities and progarms/events Crouching O At park sites, recreation facilities and progarms/events Crawling R At park sites, recreation facilities and progarms/events Bending O At park sites, recreation facilities and progarms/events Twisting O At park sites, recreation facilities and progarms/events Climbing R At park sites, recreation facilities and progarms/events Balancing R At park sites, recreation facilities and progarms/events Vision C Reading, computer work, driving Hearing C Communication with staff and customers Talking C Communication with staff and customers Foot Controls R Operating vehicles Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical M Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and M Hazards F Vibration F Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Recreation Program Coordinator Department: Community Services Immediate Supervisor: Recreation Supervisor FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: The fundamental reason for this position is to provide professional recreational programming for the Town of Fountain Hills. This is accomplished by planning, organizing, coordinating and supervising a wide variety of recreation programs, sports programs and special events. Will also assist peers in programs and events. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Plan, organize and implement recreation programs, create and monitor budgets, and incorporate new developments in the field of recreation as needed. 2 S Coordinate programs and events and work with the Public Information Officer in designing fliers, writing news releases, and brochures and survey instruments; attracting sponsors, locating equipment and entertainment, and complying with policy requirements. 3 S Provide administrative support by answering phones, interacting with the public, ordering and maintaining supplies and equipment, and drafting letters to participants and sponsors. 4 M Responsible for overseeing all program activity at designated locations such as parks, school facilities and other public facilities. Includes setting up facilities and area for special events, and any related tasks to ensure success of programs. 5 L Train, motivate, evaluate and work as a team with contracted and part-time staff for events and programs. 6 L Collaborate with school districts, non-profit groups, citizens and other departments to promote programs and activities. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Recreation, Leisure Studies, or closely related field. Experience Minimum two years experience in professional recreation work, including programming and coordinating recreational activities is required. Full time municipal recreation programming experience is preferred. Must have the ability to work a flexible schedule to include evenings, weekends and holidays. . Certifications and Possess a valid Arizona Driver's License with a minimum of two years driving Other Requirements experience with a good driving record; Basic First Aid and CPR Certification required; AED Certification; and Certified Parks and Recreation Professional (CPRP) status preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and interpret manuals, rules, contracts, purchase orders, and professional publications. Math Work requires the ability to to perform general math calculations such as addition, subtraction, multiplication, division, fractions and percentages. Writing Work requires the ability to write forms, letters, sponsorships, fliers, receipts, equipment bids, purchase requisitions and reports. Managerial None Budget Responsibility None Supervisory / May require functioning as a lead worker while performing own responsibilities, and Organizational Control includes overseeing work quantity, training, instructing, and scheduling work for part- time staff and volunteers. Complexity Work involves decision making within established standard practices and procedures. Professional judgment and analytical skills required to determine appropriate course of action. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with department heads, customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Retreiving items from the ground requires walking or R Retreiving items from the ground Crawling R standing to a significant Bending R Retreiving items from the ground Twisting degree. Retreiving items from the ground or from shelving Climbing R PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE O DESCRIPTION At special events and programs Standing Sitting C Deskwork Walking O Around offices and during special events Lifting R Supplies and equipment Carrying R Supplies and equipment Pushing/Pulling R Supplies and equipment Reaching R For supplies and equipment Handling O Supplies and equipment Fine Dexterity R Supplies and equipment Kneeling R Retreiving items from the ground Crouching R Retreiving items from the ground Crawling R Retreiving items from the ground Bending R Retreiving items from the ground Twisting R Retreiving items from the ground or from shelving Climbing R Ladder Balancing R Ladder Vision F Reading, driving, observing work activities Hearing F Communicating with personnel and general public on telephone Talking F Communicating with personnel and general public on telephone Foot Controls O Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Scoreboards, toolboxes, computer and related software, general office machines such as copier, fax. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration F Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Recreation Supervisor Department: Community Services Immediate Supervisor: Community Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs responsible administrative and management duties in the daily operation of the Community Services Recreation Division. Work involves the planning, organizing, and supervising of the Town's recreation services. Employees in this class exercise considerable judgment and discretion in accomplishing program objectives. Responsible for the effectiveness of all programs within the Recreation Division. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Supervises full and part-time recreation staff and contract personnel 2 L Attends events, evaluates programs and discusses improvements 3 S Conducts research and prepares written budgetary, expenditure justification, facility usage and activity reports 4 L Oversees the activities and use of public recreation facilities; participates in the planning of new park and recreation facilities 5 S Meets with individuals or groups to stimulate interest and support for recreation activities 6 S Demonstrates continuous effort to improve operations, decrease turnaround times, streamline work processes, and work cooperatively and jointly to provide quality seamless customer service * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Recreation, Leisure Studies, or closely related field. Experience A minimum of five (5) years experience in professional recreation management with a minimum of three (3) years at a supervisory level. Certifications and Possession of a valid driver's license with a minimum of two years with a good driving Other Requirements record; Basic First Aid and CPR/AED Certification required. Certified Parks and Recreation Professional (CPRP) status preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read contracts, bids, proposals, applications, registrations, insurance documents, council reports, budgets, meeting minutes, newsletters, equipment specifications, surveys, e-mails, purchase orders and instruction manuals. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write intergovernmental agreements, evaluations, reports, letters, memos, contracts, creating documents, registration forms, grants and sponsorship letters. Managerial Plans, organizes and directs the actvities of staff engaged in the delivery of recreation services to the community. Budget Responsibility Administers the budget for the Recreation Division, which includes both expenditures and revenues. Supervisory / Supervises employees, volunteers, interns, and oversees contracted employees through Organizational Control the Recreation Coordinators, to ensure a smooth operation of all recreation programs and facilities. Reviews reports of employees, advises and directs subordinates in the improvement of work processes. Complexity Work is governed by broad instructions, objectives and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgement. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with department heads, customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I W 917.110 a i:1'i.`��1Q.`y� i 1i�C!!I 1: i 1711► FEW1 3 Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or At park sites, recreation facilities and programs/events Crouching O At park sites, recreation facilities and programs/events standing to a significant R At park sites, recreation facilities and programs/events Bending O degree. Twisting O At park sites, recreation facilities and programs/events PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At park sites, recreation facilities and programs/events Sitting F Deskwork, meetings, driving Walking O At park sites, recreation facilities and programs/events Lifting R Equipment and supplies Carrying R Equipment and supplies Pushing/Pulling R Equipment and supplies Reaching O Equipment and supplies Handling O Equipment and supplies Fine Dexterity F Computer keyboard, telephone keypad, writing Kneeling O At park sites, recreation facilities and programs/events Crouching O At park sites, recreation facilities and programs/events Crawling R At park sites, recreation facilities and programs/events Bending O At park sites, recreation facilities and programs/events Twisting O At park sites, recreation facilities and programs/events Climbing R At park sites, recreation facilities and programs/events Balancing R At park sites, recreation facilities and programs/events Vision C Reading, computer work, driving Hearing C Communication with staff and customers Talking C Communication with staff and customers Foot Controls R Operating vehicles Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, vehicle, general office equipment, telephone, fax, etc. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration C Electrical N Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment C Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Senior Court Clerk Department: Court Immediate Supervisor: Court Administrator FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Serves as lead position for the Court Clerk classification. Performs a wide variety of specialized clerical duties, including money handling and reconciling, case disposition, statistical records and complex financial and computer data entry. Prepares daily cash reports and disburses bonds when the court administrator is not available. Monitors required training for court staff. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1111111 A! 1 S Performs frequent and intense public contact work at the Court counter, over the telephone and by email; communicates orally with defendants to inform them of options, penalties and the effects of decisions; routinely handles difficult public contact situations which require diplomacy, tact and negotiation skills; performs all services efficiently and with respect for each individual. 2 S Recommends and assists in the implementation of goals and objectives; provides input on updates to policies and procedures. 3 S Creates and maintains complex court files and records; monitors, records and documents compliance with judicial sentencing orders; prepares court orders as directed; prepares the courtroom for jury trials and oversees jurors; maintains audio tape records of court proceedings. 4 S Trains court staff on policies and procedures relating to general court processes, computerized records system usage, and resolution of work errors. Resolves problems or complaints from the public if referred by staff. 5 S Interacts respectfully and courteously with the public, even under difficult and stressful circumstances; establishes and maintains effective and proper working relationships with other Town employees, attorneys, co-workers and the general public. 6 S Assists the Court Administrator with daily cash reporting and Presiding Judge with administrative or secretarial duties as assigned. Schedules interpreters and pro tem judges as needed. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training Experience Three years clerical experience involving direct public contact or customer service, preferably in a court environment. Experience in the use of Windows-based computer software is desirable. Some lead worker experience is preferred. Certifications and Must obtain 16 credit hours of judicial staff education annually. Other Requirements ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Requires the ability to read and understand court documents, reports and correspondence. Math Requires the ability to perform general math calculations such as addition, subtraction, multiplication and division; the ability to calculate decimals and percentages. Writing Requires the ability to write effectively in English with proper grammar and sentence structure. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Requires a comprehensive understanding of court processes, including statutes, rules and procedures and disposition protocol. Requires the ability to exercise good judgment, decisiveness and creativity in situations involving a variety of generally predefined duties which are often characterized by frequent change; ability to multi -task in a busy environment. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Retrieving items from lower shelves or file drawers. Crouching R Retrieving items from lower shelves or file drawers. standing to a significant N Bending R degree. Twisting F From computer to telephone. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At the counter assisting the public Sitting C Considerable desk work. Walking O To and from desk and counter and to other departments. Lifting O Files, file boxes, office supplies and books. Carrying F Files, books and boxes. Pushing/Pulling R Doors, desk and file drawers. Reaching F For files, office equipment and supplies. Handling C Case files, paperwork, money and office equipment. Fine Dexterity C Computer keyboard, calculator, telephone keypad and charge machine keypad. Kneeling R Retrieving items from lower shelves or file drawers. Crouching R Retrieving items from lower shelves or file drawers. Crawling N Bending R Retrieving items from lower shelves or file drawers. Twisting F From computer to telephone. Climbing R Step stool to retrieve files from top shelves. Balancing N Vision C Reading court documents, correspondence and the computer monitor. Hearing C Communicating with supervisors and other staff members, the public and other departments or agencies in person and on the phone. Talking C Communicating with supervisors and other staff members, the public and other departments or agencies in person and on the phone. Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer and related software, copier, fax machine, calculator, telephone, charge machine, laser printer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards N Temperatures N Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration N Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) O (3) Dealing with stressful situations involving irate and/or emotional individuals. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Senior Planner Department: Development Services Immediate Supervisor: Development Services Director Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Organizes and manages assigned land use planning activities. Administers land use ordinances and policies. Maintains and updates General Plan in accordance with State law. Coordinates projects with internal and external reviewing agencies to obtain reliable and complete information for processing and reporting. Provides information to Development Services Directorr, Mayor and Council, Town Manager, Planning and Zoning Commission, Board of Adjustment and general public. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Contact with the general public and development community in zoning matters. 2 S Processes subdivision, zoning, special and temporary use permits, administrative use permits, and variance cases. 3 S Prepares text amendments for Zoning Ordinance and Subdivision Ordinance. 4 S Public presentations to Planning and Zoning Commission, Town Council, and Board of Adjustment. 5 S Reviews development plans and subdivisions for compliance with applicable codes. 6 S Processes amendments and prepares updates to the General Plan and negotiates development agreements. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Planning or closely related field. Experience At least five (5) years of experience in municipal planning or a closely related field and a working knowledge of Microsoft Office and related software. Certifications and -Possess a valid Arizona Driver's License for a minimum of two years with a good Other Requirements driving record; • AICP preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires the ability to read codes and ordinances, general and specific plans, development agreements and general correspondence. Math Work requires the ability to perform general math calculations and statistical analysis. Writing Work requires the ability to write reports, Town codes, amendments, plans, projects, technical analysis and general correspondence. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Position requires the ability to be self motivated, independent and self managed. Ability to follow broad instructions, objectives and policies. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Retrieving plans stored in low areas Crouching O Retrieving plans stored in low areas standing to a significant N N/A Bending O degree. Twisting N While doing deskwork PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Standing at the building safety counter and on occasional site visits Sitting F Sitting at a drafting table and desk Walking O Site visits on hillside slopes are occassionally required. Lifting O Plans and files Carrying O Plans and files Pushing/Pulling R Using push cart for moving large plan submittals Reaching O Phone and plans Handling O Plan submittals Fine Dexterity R Plan submittals Kneeling O Retrieving plans stored in low areas Crouching O Retrieving plans stored in low areas Crawling N N/A Bending O Retrieving plan submittals or files Twisting N While doing deskwork Climbing R Hiking in native hillside terrain Balancing N N/A Vision F Plan review Hearing C Verbal communication with the public, developers, Council or Commissioners Talking F Verbal communication with the public, developers, Council or Commissioners Foot Controls O Driving Town vehicle to site visits Revised 5/24/13 Return to Agenda FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Phone, computer, calculator, camera, noise meter and vehicles. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS AL Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks O Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Activities Assistant Department: Senior Services Immediate Supervisor: Senior Services Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: The fundamental purpose of this classification is to asist with special program /event planning and coordination, research potential new events and programs to offer and perform clerical tasks, update program flyers, help with Public Relations needs (create monthly newsletter) and outreach, and assit clients. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS - Code 1 S Coordinate and plan special programs and events throughtout the year. Assist with identifying potential sponsors, drafting event press releases and coordintaitng the design of event flyers and other event details as needed. Update event outlines and event action lists. Research potential new events and programs to offer at the Center. Assist with the coordination of programs 2 L Create monthly newsletter using InDesign program. Create monthly program coordinator updates and email out to distribution list or place in program coordinators mailbox slots. 3 L Performs routine clerical work such as designing flyers, filing, making copies, answering phones, drafting public relations material, thank you letters, donation request letters and other correspondence as needed. 4 S Assist with monitoring and logging attendance for activities/programs. Update new emails or members in spreadsheet. 5 L Provide customer service to walk-ins clients and phone-in clients. Maintains kiosks in office and in front lobby. Coordinate Frist Fridays at Fountain View movie program. 6 S Supervise office volunteers. Available to serve as back-up at Community Center front desk. Other duties as needed/assigned. * See page 3 — Overall Physical Strength Demands Revised 6/6/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Computer skill level is high- word, excell and powerpoint. Level of equivalent to four years of high school or equivalency. Experience Minimum of two years experience in progressively responsible administrative field. Certifications and CPR certified Other Requirements Valid Drivers License ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Considerable time is spent on the computer. Math Should have the ability to use a calculator. Writing Will be required from time to time to compose correspondence. Managerial Manage time to ensure daily tasks are completed. Budget Responsibility Position has no budget responsibility Supervisory / Supervise volunteer staff. Organizational Control Complexity The ability to multi -task is essential. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 6/6/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing Crouching N N/A standing to a significant N N/A Bending R degree. Twisting F While doing desk work PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F Greeting clients, filing Sitting C Preparing all paperwork Walking O Touring the building and the Senior Activity Center with clients Lifting O Files Carrying O Files Pushing/Pulling N N/A Reaching F While doing desk work Handling F Paperwork Fine Dexterity N N/A Kneeling R Filing Crouching N N/A Crawling N N/A Bending R Filing Twisting F While doing desk work Climbing N N/A Balancing N N/a Vision C Work on the computer Hearing C T Communicating with personnel and on the telephone Talking C Communicating with personnel, general public and on the telephone Foot Controls N N/A Revised 6/6/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, telephone, calculator, fax, copier ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration F Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations N Frequent Change of Tasks C Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 6/6/13 FOUNTAIN HILLS, ARIZONA ky [eL/�l111k x:'I P i Return to Agenda Job Description I have reviewed this job analysis and its attachments and find it to be an accurate description of the demands of this job. Job Title of Supervisor Job Title of Department Head Comments: Signature of Employee Signature of Supervisor Signature of Department Head Signature of Town Manager Date Date Date Date The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. This job description is subject to change as the needs and requirements of the job change. Enter Legend line here. author\typist\drive\folder\document name\date Revised 6/6/13 FOUNTAIN HILLS, ARIZONA Job Title: Senior Services Activities Coordinator Department: Community Services (Senior Services) Immediate Supervisor: Senior Services Supervisor FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: The fundamental purpose of this classification is to coordinate programs and special presentations. Duties include confirming guest speakers for special health topics and education presentations, coordinate the Legal Consultation program, the Weekly Movie program, First Fridays program, Eye Glass Donation program, Extended Hands Food Bank drop off program. Assist members with Social Service needs, and provide assistance to walk-in or phone-in customers, keep Kiosks and information boards organized, take program head count. Responsible for preparing all press releases and send out information in a timely manner to media. Submit Senior Services website updates. Research travel companies and coordinate with these companies on types of trips to offer and do post trip follow-up with companies. Serves as Home Delivered Meals back-up when HDM Coordinator not available. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Home Delivered Meals - Serve as back-up when HDM Coordinator is not available. Advise HDM Coordinator of any changes in meal schedule, contact Fountain View Village with changes, readily available to deliver meals if needed, contact daily coordinators regarding issues that arise. 2 L Programs - coordinate trips with various travel companies as to type of trips to offer. Request flyers on specific outings from travel companies, do post trip follow-up to confirm attendance and maintain log of completed trips. Legal Consultations - contact attorneys to schedule dates, prepare sign-up sheet, confirm appointments with clients and attormeys. Movies - review and select monthly movies, prepare detailed flyer each month. First Friday Movie - prepare flyer, update monthly sign-up sheet, and call Fountain View Village montlhy with count. Eye Glass Donations - monitor level and call for pick-up when needed. Extended Hands Food Barrel - monitor level and call for pick-up when needed. 3 L Presentations - coordinate and confirm guest speakers for special health topics and education presentations (research topics, request speakers bio, confirm date with speakers, obtain presentation information, topic outline, and create flyer). Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description 4 S Create and update program/event/presentation flyers as needed. Maintain flyers in office kiosk, lobby kiosk, and community information boards. Assist customers with medical equipment loans, fill out loan form, clean returned equipment. Give tours of the senior office. Take head counts for each program (Wed.- Fri.) and log count on monthly calendar. 5 S Updates information flyers (legal, transportation, and social services). Serve as the primary person to assist members with social service needs. 6 S Public Relations - prepares all press releases and sends out information in a timely manner to media, updates and maintains Senior Services website on a weekly basis. 7 S Coordinate Wed. - Fri. office volunteers. Provide assistance to walk-in or phone-in customers. Take head counts for all Senior program, event, presentations and log on daily calendar. Serve as back-up at Community Center front desk. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Computer skill level is high - Word, Excel, and PowerPoint. Level equivalent to four years of high school. Experience Minimum of two years experience in progressively responsible program planning and coordination. Certifications and CPR/AED Certification. Other Requirements Possession of a valid driver's license for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Considerable time is spent on the computer. Math Should have the ability to use a calculator. Writing Will be required from time to time to compose correspondence. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity The ability to multi -task is essential. Interpersonal / Human The incumbents in this position contacts others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� �: '% �1Q.yI �1i�Clll li: i 711► /\►`"1 3 Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing Crouching N N/A standing to a significant N N/A Bending R degree. Twisting F While doing desk work PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F Greeting clients, filing, filling kiosks Sitting C Preparing all paperwork. Walking O Touring the building with clients Lifting O Files Carrying O Files Pushing/Pulling N Using push cart to move supplies for programs and events. Reaching F While doing desk work and filling kiosks Handling F Paperwork, telephone Fine Dexterity N N/A Kneeling R Filing Crouching N N/A Crawling N N/A Bending R Filing Twisting F While doing desk work Climbing N N/A Balancing N N/a Vision C Reading, computer work Hearing C Communicating with personnel, general public and on the telephone Talking C Communicating with personnel, general public and on the telephone Foot Controls N N/A Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, telephone, calculator, fax, copier ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration F Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures C Emergency Situations N Frequent Change of Tasks C Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Senior Services Supervisor Department: Community Services Immediate Supervisor: Community Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs responsible administrative and management duties in the daily operation of the Senior Services Division. Plans, organizes, implements and evaluates all activities, programs and services provided to assist, educate and entertain senior adults . ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Plans, develops, implements and evaluates social services, activities and programs for senior adults either directly or through advocacy with other service providers and citizen advisory groups. 2 L Conducts community outreach efforts to publicize services, activities and programs to recruit new Senior Center clients; communicates and collaborates with other Fountain Hills organizations on programs for senior adults. 3 S Assists clients in utilizing personal and external resources to alleviate their problems or concerns; refers clients to appropriate agencies. 4 L Participates in collaborative efforts to develop new funding opportunities; develops and participates in fundraising efforts for Senior Center activities and special events. 5 S Trains, motivates, evaluates and works as a team member with contracted, part-time, and volunteer staff. 6 L Conducts research and prepares written budgetary expenditure justification, facility usage and activity reports. Meets and accepts advice as required with the Senior Services Advisory Commission. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge of available Maricopa County services for seniors which Fountain Hills cannot provide is useful. Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Social Services, Gerontology, or closely related field. Experience Minimum two years experience in professional programming and coordinating Senior Services activities is required. Experience in providing social services to older adults is required. Familiarity with CLASS scheduling system is preferred. Full time municipal senior programming experience is preferred. Certifications and Possession of a valid driver's dlLicense for a minimum of two years with a good driving Other Requirements record; Basic First Aid and CPR/AED Certification required. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and interpret manuals, rules, contracts, purchase orders, and professional publications. Math Work requires the ability to to perform general math calculations such as addition, subtraction, multiplication, division, fractions and percentages. Writing Work requires the ability to write forms, letters, sponsorships, fliers, receipts, equipment bids, purchase requisitions and reports. Managerial Planning responsiblities include collecting and tracking registration monies, reserving facilities, training volunteers, and monitoring program results. Budget Responsibility The incumbent prepares documents and conducts research to provide information to the Community Center Supervisor. Responsible for monitoring and tracking funding sources, revenues and expenditures for assigned units. May also recommend budget allocations. Supervisory / Works cooperatively with other employees, clients, town staff, and general public. Organizational Control Supervise and manage the work activities of multiple support staff. Satisfy the contract requirements for multiple events occurring simultaneously. Complexity Work involves decision making within established standard practices and procedures. Professional judgment and analytical skills required to determine appropriate course of action. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with members of management, customers, brokers and sales representatives. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Retrieving items from the ground requires walking or R Retrieving items from the ground Crawling R standing to a significant Bending R Retrieving items from the ground Twisting degree. Retrieving items from the ground or from shelving Climbing R PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE O DESCRIPTION At special events and programs Standing Sitting C Deskwork Walking O Around offices and during special events Lifting R Supplies and equipment Carrying R Supplies and equipment Pushing/Pulling R Supplies and equipment Reaching R For supplies and equipment Handling O Supplies and equipment Fine Dexterity R Supplies and equipment Kneeling R Retrieving items from the ground Crouching R Retrieving items from the ground Crawling R Retrieving items from the ground Bending R Retrieving items from the ground Twisting R Retrieving items from the ground or from shelving Climbing R Balancing R Vision F Reading, driving, observing work activities Hearing F Communicating with personnel and general public on telephone Talking F Communicating with personnel and general public on telephone Foot Controls O Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, telephone, calculator, fax, copier ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Street Maintenance Technician Department: Development Services Immediate Supervisor: Street Superintendent FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Under general supervision, performs a variety of semi -skilled and manual labor, repairing and maintaining public streets and rights-of-way. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 Performs a variety of maintenance tasks associated with the repair of streets and works FH with a variety of constuction materials including asphalt, hot tar, striping material, gravel and concrete. Trims trees and vegetation.. 2 M Operates a variety of light to medium power tools and equipment, such as a jackhammer, chainsaw, tamping machine, air compressor, pickup truck, trailer, aerial lift, tractors, dump truck, street sweeper, and other equipment utilized in the maintenance and repair of the streets. 3 H Work often requires prolonged heavy physical exertion that may be performed under adverse weather conditions, and may entail working in close proximity to heavy traffic. 4 M Performs operator maintenance as needed on vehicles and equipment 5 L Maintains daily work records which may include computerized record keeping 6 M Performs related duties as needed * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description 7processes. JOB REQUIREMENTS Formal Education/ Work requires knowledge necessary to understand basic operational, technical, or office Knowledge Level of knowledge equivalent to four years of high school or equivalency. Experience Equivalent to one year full time street constuction, maintenance work, or other construction work involving the operation of light or heavy motorized equipment. Certifications and Possession a valid driver's license for a minimum of two years with a good driving Other Requirements record. Commercial Driver's License with Air Brake Endorsement required, or ability to obtain within six months of employment. Average computer skills required. ** Equivalent combinations of experience and training that meet the minimum qualifications maybe substituted. Reading Work requires the ability to read work orders, street signs, directions, maps, written correspondence, policies, and saftey information. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division. Writing Work requires the ability to write daily work reports and general correspondence. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Work requires analysis and judgment in accomplishing diversified duties. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decsion-making authority for purchases or projects. In addition, these incumbents work with individuals outside the City who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ❑ Medium ® Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Curb number painting Crouching O Storm drain maintenance standing to a significant R Storm drain maintenance Bending O degree. Twisting O Cracksealing PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing C At job site Sitting O Driving and computer work Walking F Around job site Lifting F Tools and equipment Carrying F Tools and equipment Pushing/Pulling F Equipment, brush Reaching F Controls on equipment, sign installation, and brush control Handling F Tools and equipment Fine Dexterity O Small hand tools, computers, calculators, telephones, and writing Kneeling O Curb number painting Crouching O Storm drain maintenance Crawling R Storm drain maintenance Bending O Thermoplastic installation and cracksealing Twisting O Cracksealing Climbing O Brush control and sign installation Balancing O On equipment and on ladders Vision C Driving, observing work activities Hearing C Communicating with personnel Talking C Communicating with personnel Foot Controls F Driving and operating equipment Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Tractor, dump truck, paint striper, concrete cutter, tamper, jackhammer, aerial -lift, chainsaw, computer, fax machine and calculator ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical D Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and D Hazards O Vibration F Electrical M Wetness/Humidity S Hazards Fire Hazards M Respiratory M Hazards Explosives M Physical Hazards D Communicable N Diseases Physical Danger or D Abuse Other (see I Below) PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work PROTECTIVE EQUIPMENT REQUIRED: Hard hat, gloves, safety shoes, safety glasses, hearing protection, reflective safety vest NON-PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures O Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/DistractingNoisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Street Superintendent Department: Development Services Immediate Supervisor: Development Services Director Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Supervises general field and preventive maintenance activities of the street division and operates equipment used in the maintenance and construction of Town streets. Supervises Town's vehicle and equipment maintenance program. Supervises open space and landscape activities. Performs special projects as required. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Performs administrative tasks by scheduling work, conducting research for various projects, compiling reports, and recommending changes in policies and procedures for the Street Division and Open Space & Landscape Division. 2 M Provides supervision to all Street Division personnel, fleet mechanic, open space & landscape specialist, and oversees all Town vehicles and equipment maintenance. Assists in hiring of new personnel, trains new staff, conducts performance evaluations, verifies timesheets and work code sheets. 3 L Organizes and supervises traffic control for Town special events, operates street maintenance equipment, and supervises emergency and unscheduled work. 4 L Assures department compliance with applicable safety rules and regulations. Initiates safety training, requisitions for tools, materials, equipment,and services. 5 L Represents the Town in contacting property owners, contractors, and utility company employees to ensure proper and safe road maintenance. Responds to resident's concerns regarding street maintenance or refers to appropriate department. 6 Recommends purchases of materials and equipment required for department operations. Reviews and approves billing for work performed by Street Division for outside activities. Reviews and approves billing for work performed by Open Space and Landscape Division. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with six months/one year of advanced study or training past the high school equivalency. Junior college, vocational, business, technical or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Minimum of three (3) years in street maintenance. One year in a supervisory capacity Certifications and Possession of a valid Arizona Class A CDL Driver's License with Air Brake Other Requirements Endorsement for a minimum of two years with a good driving record. CPR/AED Certification. Close Quarters Rescue Certification. OSHA safety reporting. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read blueprints, technical instuctions, manuals,letters, machine/equipment readings, measurements, gauges, and town, county, and federal regulations Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division Writing Work requires the ability to write letters, memos, reports, formal documents, performance reviews, and general correspondence Managerial Planning responsibilities include managing all phases of street maintenance and some construction. Provides direct supervision to all Street Division personnel and Fleet Mechanic. Budget Responsibility The incumbent does research for documents, compiles data for computer entry, and has reponsibility for monitoring budget expenditures within the street department Supervisory / Work requires supervising and monitoring performance for a group of regular employees Organizational Control in a work unit, including providing input on hiring/disciplinary actions and work objectives/effectiveness, and realigning work as needed Complexity Work is widely varied, involving analyzing and evaluating many complex and significant variables. Organizational -wide policies, procedures, or precedents are developed and/or recommended Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town which may be involved in decision making or providing approval or decision making authority for purchases or projects.Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers, or sales representatives Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�;7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ® Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Picking up equipment and materials requires walking or O Picking up equipment and matreials Crawling O standing to a significant Bending O Picking up materials Twisting degree. Picking up materials Climbing O PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE F DESCRIPTION Supervising, visiting work sites, observations Standing Sitting F Computer, desk work, meetings Walking F To/from offices, vehicles, job sites Lifting O Hand tools, assisting at job sites Carrying O Hand tools, assisting at job sites Pushing/Pulling O Unloading materials and equipment Reaching O Books, files, supplies Handling O Office equipment, hand tools Fine Dexterity F Computer keyboard, writing Kneeling O Picking up equipment and materials Crouching O Picking up equipment and matreials Crawling O Inspecting equipment Bending O Picking up materials Twisting O Picking up materials Climbing O Onto equipment Balancing O On ladder Vision C Reading, computer work, driving, observing work activities Hearing C Communicating with personnel and general public Talking F Communicating with personnel and general public Foot Controls O Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Street sweeper, dump truck, front loader, backhoe, jackhammer, tractors, pick-up truck, ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical W Extreme S Hazards Vehicle Temperatures Outdoors Chemical M Noise and M Hazards O Vibration O Electrical M Wetness/Humidity S Hazards Fire Hazards M Respiratory S Hazards Explosives M Physical Hazards M Communicable S Diseases Physical Danger or M Abuse Other (see I Below) Return to Agenda Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle X Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work PROTECTIVE EQUIPMENT REOUIRED: Hard hat gloves, safety shoes, safety glasses, hearing protection, reflective safety vest NON-PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Town Clerk Department: Administration Immediate Supervisor: Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Return to Agenda NMI Job Description Manages and maintains official Town records as prescribed by State Statute and Town Code; responsible for coordinating, preparing and posting Council meeting agendas/packets/minutes; serves as the Town's Elections Official and main contact for "requests for public information". This position also serves as the District Clerk for the Eagle Mountain Community Facilities District and Cottonwoods Maintenance District. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. C:\Users\dkk\Desktop\Town Clerk.doe Revised 5/24/2013 FOUNTAIN HILLS, ARIZONA Return to Agenda NMI Job Description Physical Strength ESSENTIAL FUNCTIONS Code 1 S Directs the preparation of Town Council meeting agendas; coordinates and schedules Council meetings; prepares and assembles agenda packets, including the electronic packet; posts documents to the Town's website; instructs internal and external parties on the procedure for placing items on the agenda; and attends Council meetings, prepares meeting minutes; and records official actions taken at meetings. 2 S Manages the maintenance of official Town records; establishes and writes policies and procedures for record maintenance, retention and destruction as well as other organizational procedures when necessary; ensures records activities comply with state public records requirements and regulations; responds to subpoenas for records and/appears in court as required; and provides notarial services to the public and staff. 3 S Responds to questions and attests to official actions of the Town Council; maintains the Town's official Code Book and other official records; administers oaths to newly elected and appointed officials; and ensures appropriate use of the Town Seal; and coordinates responses to requests for information" from staff, elected officials, and the general public. 4 S Interprets laws and regulations relating to the work performed by the Town Clerk's office; provide information and organizes material in compliance with laws, regulations and policies; administers provisions of the Town Code, State and Federal regulations as they relate to the Town Clerk's office. 5 S Directs Town Elections; plans and organizes elections, coordinates services; directs the distribution of election materials and verifications of election related documents, such as eligibility and signature requirements; ensures election related activities comply with Federal, State and local laws and regulations; initiates reviews and actions in response to violation of election laws; ensures the integrity of election process; and prepares related reports and records. C:\Users\dkk\Desktop\Town Clerk.doe Revised 5/24/2013 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda NMI Job Description JOB REQUIREMENTS **Formal Education / Knowledge of municipal functions; modern management principles, practices, Knowledge techniques of public administration; office management methods, procedures and computerized equipment essential to the Town Clerk's office including familiarity with various Microsoft, Laserfiche, and Adobe professional computer software programs; Federal, State laws; local laws, codes and regulations; and Council support functions. Knowledge is normally acquired through four years of college resulting in a Bachelor's degree or through considerable experience in progressive responsible administration or management work involving frequent interaction with the public. Work requires broad knowledge in a related profession or technical field. **Experience Any combination of experience and training that provides the required knowledge and abilities. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record; Certified Municipal Clerk or Certified Master Municipal Clerk designation preferred. State Certified Election Officer designation preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read administrative and technical documents, statutes, codes, ordinances, resolutions, and manuals. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division, percentages and decimals. Writing Work requires the ability to write correspondence, reports, procedures and minutes and knowledge of a variety of computer software applications (Laserfiche and Microsoft software products). Managerial Planning responsibilities include managing elections, coordinating meeting agendas and packet materials, calendars and staff. Budget Responsibility Election cost projections and outside service contract costs for transcription services as part of the annual budget process. Supervisory / None Organizational Control Complexity Work is governed by broad instructions, objectives and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgment. Interpersonal / Human This position interacts with individuals within the organization, which may involve the Relations Skills town manager, town attorney, department directors, and councilmembers. This position may work with individuals outside the Town who belong to a professional or peer organization. Working with various state and federal agencies may also be required. Vendors and suppliers may also be called upon for information on purchases, supplies or products; meetings and discussion may be conducted. OVERALL PHYSICAL STRENGTH DEMANDS: C:\Users\dkk\Desktop\Town Clerk.doe Revised 5/24/2013 FOUNTAIN HILLS, ARIZONA Return to Agenda NMI Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 tbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing and connecting computer components Crouching R Filing and connecting computer components standing to a significant R N/A Bending F degree. Twisting F From computer to telephone to drawer PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL= DEMANDS FREQUENCY CODE DESCRIPTION Standing F Filing, making copies, and faxing Sitting C Desk work Walking F To and from office equipment and other departments Lifting F Files, office supplies, and books Carrying F Files, office supplies, and books Pushing/Pulling F Doors Reaching F For telephone and files Handling C Paper work Fine Dexterity C Computer keyboard, calculator, telephone keypad, and writing Kneeling O Filing and connecting computer components Crouching R Filing and connecting computer components Crawling R N/A Bending F Filing in lower drawers Twisting F From computer to telephone to drawer Climbing F Stairs Balancing N/A Vision C Reading and use of computer monitor Hearing C Communicating with external and internal customers Talking C Communicating with external and internal customers Foot Controls N/A C:\Users\dkk\Desktop\Town Clerk.doc Revised 5/24/2013 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, telephone, copier, FAX machine, scanner, and other general office equipment ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards F Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or M Abuse Other (see 1 N Below) PROTECTIVE EQUIPMENT REQUIRED: NON-PHYSICAL DEMANDS: Return to Agenda NMI Job Description PRIMARY WORK LOCATION Office Environment: may be required t evenings or weekends X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment R Other (see 3 below) (3) C:\Users\dkk\Desktop\Town Clerk.doc Revised 5/24/2013 FOUNTAIN HILLS, ARIZONA Job Title: Town Engineer Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Assists in the review of Town's technical documents. Provides technical advice to Development Services and other departments. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 11 S PLANNING: Assists in preparation of the Town's capital improvement plan, annual budget, ordinance and code changes, design standards, and grant proposals. Acts as the Town's Floodplain Administrator, Drainage Administrator, and Traffic Analyst. Coordinates with adjacent municipalities, and serves on regional (MAG) committees. 2 S DESIGN: Selects, contracts, and reviews work of design and surveying consultants for Public Works improvement projects. Prepares civil and traffic engineering designs, plans, specifications, contract documents and cost estimates. 3 S DESIGN REVIEW: Oversees review of civil and site plans submitted for building permits; subdivision, utility, and other private development plans submitted for encroachment permits. 4 S CONSTRUCTION ADMINISTRATION: Administers Development Services construction projects, including traffic control, materials submittals; approval of payment and change order requests; 5 L SITEWORK DEVELOPMENT INSPECTION: Oversees inspection of private development sitework and utility right-of-way permit construction. 6 * See page 3 — Overall Physical Strength Demands Revised 5/28/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description Revised 5/28/13 JOB REQUIREMENTS Formal Education / Work requires broad knowledge in a general professional or technical field. Knowledge Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Civil Engineering. Experience Minimum of ten (10) years experience as a civil engineer. Knowledge of local codes and conditions highly desireable. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. Registered as a Civil Engineer in the state of Arizona. Other technical registrations desireable - especially Land Surveyor and Structural Engineer. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read technical reports and manuals, research papers, construction plans and specifications, correspondence, legal documents, ordinances, and legal descriptions. Math Ability to perform arithmetic, algebra, geometry, and trigonometry calculations. Writing Write technical reports, analysis of engineering -related issues, Town ordinances, memos, and general correspondence. Managerial Project future infrastructure needs, develop implementation plans, prepare project budgets, Budget Responsibility None Supervisory / None Organizational Control Complexity Widely varied work, involving analyzing complex factors. Develops or recommends Town -wide policies, procedures, and precedents. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 5/28/13 FOUNTAIN HILLS, ARIZONA Cali/ X17\ 1� 1� � �'(.�K� 1i.�Cll11f : i 7 �1► /\►`117. Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Field review. Crouching R Field review. standing to a significant N N/A Bending R degree. Twisting R Field review. 191,1-&1rey11aI7iu/\12117.`3 C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed,- it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Observing work duties and activities, at job site. Sitting F Deskwork, meetings, driving. Walking O At job sites. Lifting R Supplies, plans, reports. Carrying R Supplies, plans, reports. Pushing/PullingPushing/Pulling R Slipplies, plans, reports. Reaching O Plans, reports. Handling R Supplies, plans, reports. Fine Dexterity C Writing, drawing,sketching, computer keyboard, calculator. Kneeling O Field review. Crouching R Field review. Crawling N N/A Bending R Field review. Twisting R Field review. Climbing O Field review. Balancing O Field review. Vision C Reading, computer monitor, driving, plan and field review. Hearing C Communicating with personnel and general public. Talking C Communicating with personnel and general public. Foot Controls F Driving. Revised 5/28/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Vehicle, drafting equipment, calculator, general office supplies, computer and related software, hand-held radio, surveying and measuring equipment, telephone. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical M Extreme S Hazards Vehicle Temperatures Outdoors Chemical N Noise and M Hazards O Vibration O Electrical M Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards M Communicable N Diseases Physical Danger or M Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REQUIRED: Hardhat, steel toe boots, safety vest. NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of I Less than 1 hour per week Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment O Other (see 3 below) (3) Revised 5/28/13 FOUNTAIN HILLS, ARIZONA Job Title: Traffic Signal Technician II Department: Development Services Immediate Supervisor: Street Superintendent FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Performs skilled journey -level technical work in the installation, maintenance, operation, and repair of traffic signals, control devices, intelligent transportation systems, and street luminaries. Performs installation/removal maintenance and inventory control for all traffic control devices and pavement markings. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS - Code 1 H Installs, maintains, operates and repairs traffic signals, control devices, intelligent transportation systems, and street luminaries. Performs installation/removal, maintenance and inventory control for all traffic control devices and pavement markings. 2 H Repairs or replaces traffic signal equipment in the field on an emergency basis including storm and accident damage, faulty equipment, burned out lamps and other electrical or equipment problems. Repairs or replaces traffic control devices as per the MUTCD. 3 H Reviews electrical and construction plans for traffic signals and inspect all phases of construction. Interprets plans and work orders to determine and confirm proper placement of traffic signals and street lights. Ensures proper location of utlities and other work hazards prior to digging. Performs blue staking of traffic signal electrical conduits and inductance loops. 4 H Works cooperatively with neighboring cities to maintain traffic signal operations 5 H Maintains records of traffic signal repairs, power outages and preventive maintenance work. Maintains parts inventory and orders parts for traffice signals, control devices, and intelligent transportation systems, and street luminaries. Maintains records of all traffic control devices including inventory. 6 H Performs other work as assigned. * See page 3 — Overall Physical Strength Demands Revised 5/24/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / H.S. diploma or GED. Knowledge of methods, materials, tools and standard practice for Knowledge the installation, operation, and maintenance of traffic signal and supporting and related systems. Knowledge of the operation, maintenance, and repair of electronic, solid state, digital, analog, and other electro -mechanical devices and equipment related to traffic signal and control systems. Knoweldge of proper use of testing equipment. Knowelege of traffic control and safety requirements. Knowledge of Federal (OSHA) regulations and Town policies regarding safe work practices. Knowledge of electrical repair work. Knowledge of Manual on Uniform Traffic Control Devices (MUTCD) as it pertains to signalized intersections, traffic control devices and pavement markings. Experience Minimum of three years experience in traffic signal maintenance. Minimum of two (2) years experience in traffic control devices and pavement markings. Certifications and IMSA Traffic Signal Technician Level II Certification. IMSA Signs and Markings Level Other Requirements II Certification. Possession of a valid driver's license for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read blueprints, technical and engineering manuals and specifications. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, algebra and geometry. Writing Work requires the ability to write daily logs reports and bid documents. Managerial N/A Budget Responsibility Participate in budget preparation and administration thereof. Prepare cost estimates for traffic -related budget recommendations. Justify traffic -related budget items. Monitor and control traffic division expenditures. Supervisory / May oversee subcontractors hired by the Town for traffic maintenance work. Work may Organizational Control require the occasional direction of helpers or assistants. Work requires functioning as a lead worker performing essentially the same work as those directed and includes overseeing work quality, training and instructing. Complexity Within this job, the employee normally performs the duty assignment within broad parameters defined by general organizational requirements and accepted practices. Total end results determine effectiveness of job performance. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town such as Engineering. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required. Vendors and suppliers may also be called upon for information on purchases, supplies or proejcts. Revised 5/24/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ❑ Sedentary ❑ Light ❑ Medium ® Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Making repairs Crawling R Making repairs standing to a significant O Making repairs Twisting O degree. Climbing O Onto equipment, ladder PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE F DESCRIPTION At job sites, field inspections and working in shop Sitting O Deskwork, driving, operating ATMS Walking F Around job sites and working on existing signals Lifting F Tools and equipment Carrying F Tools and equipment Pushing/Pulling R Equipment Reaching R Above head Handling F Supplies Fine Dexterity F Computer keyboard, telephone keypad, writing Kneeling O Making repairs Crouching O Making repairs Crawling R Making repairs Bending O Making repairs Twisting O Making repairs Climbing O Onto equipment, ladder Balancing R On equipment, ladder Vision F Reading, computer monitor, driving, observing work activities. Inspections, investigations and/or troubleshooting problems. Hearing F Communicating with personnel and on radio Talking F Communicating technical information to customer and staff Foot Controls O Driving Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Electrical testing gauges, bucket trucks, directional arrow boards and cones, computer and related software, electric jackhammer. . ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Warehouse Extreme Shop Hazards M Temperatures S Chemical Recreation Center Noise and Other (see 2 Below) Hazards N Vibration W Electrical M Wetness/Humidity S Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards D Communicable Diseases N Physical Danger or N Abuse Other (see 1 Below) (1) (2) PROTECTIVE EQUIPMENT REOUIRED: Electrical safety gloves, safety glasses, hard hat and safety shoes NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Time Pressures Warehouse Emergency Situations Shop X Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations F Frequent Change of Tasks O Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously O Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment F Other (see 3 below) (3) Revised 5/24/13 FOUNTAIN HILLS, ARIZONA Job Title: Volunteer Coordinator Department: Administration Immediate Supervisor: Town Manager FLSA Status: Non -Exempt Return to Agenda Job Description BRIEF DESCRIPTION OF THE JOB: Responsible for recruiting, screening, placement, and ongoing management and support of volunteers. Tracks a volunteer's involvement, such as number of hours served; keeps the database of volunteers updated, and provides assistance when requested by a volunteer or staff member.. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS - Code 1 S Recruits volunteers for placement in various Town departments, events, and activities to further the Town's work, interviewing potential volunteers and placing them according to their interests and skills. Provides orientation that will encourage the volunteer's success. 2 S Serves on task forces and committees related to volunteerism for the Town. Maintains public contacts in the community sectors in order to recruit and discuss program. Coordinates the preparation and printing of publicity materials; for example, flyers, banners and posters . 3 S Monitors and evaluates volunteers' performance in regard to having positive public relations skills and being good ambassadors for the Town. Holds regular meetings with the volunteers to update current policies and information. Maintains volunteer time records, applications and database. 4 S Plans, organizes, and implements volunteer recognition events and activities, including annual Volunteer Reception, volunteer coffees, newsletters, etc. Coordinates the "Give a Lift" program, Make a Difference Day; serves as Advisor to the Mayor's Youth Council; assists with such local events as the Volunteer EXPO, 5 S Reviews proposed legislation and Town, departmental, and program policies and procedures for issues related to volunteers. Performs other duties as assigned. * See page 3 — Overall Physical Strength Demands Revised 7/1/13 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Return to Agenda Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand principles, techniques, tools and Knowledge media used in promoting good public relations, in addition to principles and practices of volunteer management. Level of knowledge equivalent to four years of high school and two years of college minimum. Knowledge of Town Hall activities and local interests. Experience Minimum of two (2) years of experience in professional volunteer management or public relations. Experience in customer service, . Must be able to relate with people and follow up with tasks. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record; CPR/AED Certification; Basic First Aid Certification. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read reports, letters, correspondence, schedules, budget materials, and requisitions. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, and division. Writing Work requires the ability to write reports, letters, correspondence, purchase requisitions, thank you notes, and newsletters. Managerial None Budget Responsibility Assists in preparing the Volunteer Program annual budget. Supervisory / None. Organizational Control Complexity Work requires analysis and judgment in accomplishing diverse duties. Work requires the exercise of independent thinking within the limits of policies, standards, and precedents. Interpersonal / Human The incumbents in this position contact others within the organization and cooperatively Relations Skills works with individuals to resolve problems and coordinate projects. Communicates with clients, the general public, Town employees, facility staff, vendors and guests either through personal contact, computer, or telephone. Human relations skills are important to this position. Revised 7/1/13 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Return to Agenda Job Description ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or Retrieving filing items and organizing equipment and supplies Crawling R Retrieving small pieces of equipment and supplies under tables standing to a significant O Retrieving filing items, small equipment, and supplies Twisting R degree. Climbing R Stairs and ladder. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N =Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE O DESCRIPTION Filing, copying, and assisting the public. Sitting F Deskwork and meetings Walking O To and from office equipment and other departments and during programs Lifting O Boxes and books., coffee, pates, pictures of volunteers, etc. Carrying O Light weight equipment and office supplies Pushing/Pulling R Light weight equipment and piano. Reaching O For supplies and files Handling C Paperwork. Fine Dexterity C Computer keyboard and calculator Kneeling R Retrieving filing items and organizing equipment and supplies Crouching R Retrieving filing items and organizing equipment and supplies Crawling R Retrieving small pieces of equipment and supplies under tables Bending O Retrieving filing items, small equipment, and supplies Twisting R Retrieving filing items, small equipment, and supplies Climbing R Stairs and ladder. Balancing R On ladder. Vision C Reading, computer monitor, observing work activities Hearing C Communicating with staff and the general public on the phone and in person. Talking C Communicating with staff and the general public on the phone and in person. Foot Controls N N/A Revised 7/1/13 FOUNTAIN HILLS, ARIZONA Return to Agenda Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Computer, copy machine, fax machine, laminator, telephone, calculator, general office supplies, Automated External Defibrillator, and first aid kits. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY IL ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS 09 Time Pressures O Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously C Working Closely with Others as Part of a Team C Tedious or Exacting Work O Noisy/DistractingNoisy/Distracting Environment R Other (see 3 below) (3) Revised 7/1/13 League of Arizona Cities and Towns - Legislative Bulletin League of Arizona ities ANoTowns Legislative Bulletin Issue 22 - June 7, 2013 Legislative Overview Page 1 of 2 Return to Agenj Today marks the 145th day of the First Regular Session of the 51st Legislature. Activity at the Capitol remained light as neither the House nor the Senate chose to further challenge the bill moratorium imposed by the Governor some time ago. Interestingly, both chambers have taken final actions on bills, but they have yet to send them to the Ninth Floor for gubernatorial action. In 2009, the Arizona Supreme Court ruled in Brewer v Burns that the legislature could only delay transmitting bills as long as is necessary to complete the required clerical actions; however, it appears that the Governor's Office is equally content to let the bills remain in administrative limbo. The week began with the potential to see a budget move to the floor of the House of Representatives. The Speaker even assigned the bills to the Appropriations Committee, but due to unknown circumstances, efforts to advance the current budget proposal have stalled and no additional action was seen this week. A House Appropriations agenda has been posted for next Monday. At this time, only two bills are noted for consideration: SB 1069, which has a strike -everything amendment on the regulation of abortion clinics, and SB 1492, the budget reconciliation bill containing the Medicaid proposal. Another week at the Legislature passes without advancing a tax simplification plan. Noting the concerns of Arizona's cities and towns, a number of legislators remain opposed to the current proposal. The League thanks the commitment of those legislators looking to address the few remaining issues. Elections Changes and HOAs On Wednesday the Senate passed HB 2518 (city and towns; approval voting) by a vote of 23-0. Amended in the Committee of the Whole earlier in the day, the bill now contains various provisions related to elections and planned communities. The bill no longer proscribes a method of approval voting; rather it establishes a study committee to look at the issue. It does contain essential clean-up language to address items related to consolidated elections, such as incorporation elections and alternative expenditure limitations, but does not address the lengths of terms for councilmembers. It also includes some restrictions on the ability of a municipality to require planned communities. The bill now returns to the House for the sponsor Rep. Justin Olson (R - Mesa) to concur or refuse the Senate changes. Resolutions Deadline As a reminder: the deadline for submitting resolutions and accepting appointment to the Resolution Committee is June 14. Please officially accept your appointment or designate a council representative to serve your city/town on the 2013 Resolutions Committee, and submit your resolutions either by emailing your responses to resolutions@azleague.org or by faxing the RSVP form and resolutions format sheet to the League at 602-253-3874. http://www.leagueaz.org/bulletin/13/130607/index.cfm?a=print 6/10/2013 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 2 Return to Agen Other Bills of Note (All bills being actively monitored by the League can be found here.) Bill Number - Short Title - Subject(s) No bills of note. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. http://www.leagueaz.orgibulletin/13/130607/index.cfm?a--print 6/10/2013 League of Arizona Cities and Towns - Legislative Bulletin League of Arizona i"ties ANoTowns Legislative Bulletin Issue 23 - June 14, 2013 Legislative Overview Page 1 of 2 Yesterday was the 151st day of the First Regular Session of the 51st Legislature and the chambers completed their labors at 1:00 a.m. and adjourned sine die for the regular session. Activity and drama were both in abundance this week at the Capitol as the Governor convened a special session on Tuesday to specifically address the state budget and Medicaid. The call of the Governor can be found here. The House and Senate met on Tuesday, Wednesday and Thursday under the First Special Session to pass a budget substantially similar to budget plan that passed the Senate a few weeks ago, meaning the proposal sent to the Governor included Medicaid -related provisions. The special session adjourned on Thursday. Changes to Transaction Privilege Taxes On Thursday, the Senate passed HB 2111 (investments; public monies) on a 29-0 and the House on a 58-1 vote. The bill was amended on the floor with a Senator Yarbrough floor amendment that eliminates the prime contracting provisions except as it applies to service contractors. Additionally, the amendment ensures that municipalities will still be able to receive the taxpayer information they rely on and still play a role in DOR audits of multi -city businesses. The "hold harmless" provision contemplated by previously circulated floor amendments was not contained in the final adopted amendment, meaning that some cities and towns will not be required to subsidize others. These provisions do not take effect until 2015. The League would like to thank the many representatives and senators that stood with cities and towns to ensure that tax simplification would not be enacted on the backs of municipalities. Elections Changes and HOAs SB 1454 (campaign finance; in-kind contributions; disclosures) was amended in the House of Representatives on June 13th to include most of the consolidated elections fixes that the League has pursued all session. Provisions to address incorporation elections, length of terms and alternative expenditure limitation were all added in the House via an amendment by Rep. Michelle Ugenti (R - Scottsdale). The section on term lengths only allows lengthening terms, not shortening them. There is also a provision affecting the ability of municipalities to require planned communities. We appreciate Rep. Ugenti's efforts and also the benevolence of Senator Kimberly Yee (R - Phoenix) for allowing the League's language to be attached to her bill. SB 1454 passed by vast majorities and is on its way to the Governor. Other Bills of Note (All bills being actively monitored by the League can be found here.) http://www.leagueaz.org/bulletin/13/130614/index.cfm?a=print 6/17/2013 League of Arizona Cities and Towns - Legislative Bulletin Bill Number - Short Title - Subject(s) HB 2562: public retirement systems; ineligible - pension SB 1231: public buildings; construction; indemnity - general government Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Page 2 of 2 http://www.leagueaz.orgibulletin/13/130614/index.cfm?a=print 6/17/2013