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Home My WebLink About140904Prevised REVISED: 9/2/14 NOTICE OF THE SISTER CITIES RECEPTION AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:00 P.M. SISTER CITIES RECEPTION [located in the Town Hall lobby area] 6:30 P.M. REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 4, 2014 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates z:\council packets\2014\r140904\140904a.docx Last Printed: 9/2/2014 9:14 AM Page 2 of 3  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor David Taylor, Jr., First Baptist Church of Fountain Hills  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a proclamation declaring September 17 through 23, 2014 to be Constitution Week in Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Presentation by Sharon Morgan, President and Director of the Fountain Hills Sister Cities Corporation of the Town’s newest Sister City – Zamosc, Poland. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 7, 2014. 2. CONSIDERATION of RESOLUTION 2014-42, approving an intergovernmental agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. 3. CONSIDERATION of RESOLUTION 2014-41, declaring and adopting the results of the Primary Election held on August 26, 2014. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by William McKellips, Owner/Agent of Salute the Giver, LLC DBA Grapeables Fine Wine, located at 12645 N Saguaro Boulevard, Suite 9, Fountain Hills, AZ. This is for a series 7 license (Beer & Wine Bar) and series 10 (Beer & Wine Store). z:\council packets\2014\r140904\140904a.docx Last Printed: 9/2/2014 9:14 AM Page 3 of 3 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Randy Nations, Owner/Agent of LMB Ventures LLC DBA Fountain Hills Express, located at 11829 N Saguaro Boulevard, Fountain Hills, AZ. This is for a series 10 (Beer & Wine Store). 6. CONSIDERATION of approving the FOURTH AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT with CliftonLarsonAllen, dated September 4, 2014, for the triennial Town of Fountain Hills Municipal Court audit for the year ended June 30, 2014, in the amount of $3,500.00. 7. CONSIDERATION of approving a COOPERATIVE PURCHASING AGREEMENT (C2015-126) between the Town of Fountain Hills and Hoffman Southwest Corporation, DBA Professional Pipe Services, “not to exceed” $50,000.00, for storm drain structure cleaning and televising. 8. CONSIDERATION of approving the PURCHASE of twelve (12) portable fire radios and accessories from Motorola Solutions, Inc. in the amount of $108,309.12. 9. CONSIDERATION of RESOLUTION 2014-38, approving an Intergovernmenatl Agreement with Maricopa County Flood Control District relating to the construction of the Ashbrook Wash Improvements. REGULAR AGENDA ITEMS 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding LAW ENFORCEMENT UPDATES in Fountain Hills, GOALS AND PRIORITIES for the Department, and COMMUNICATION between the Fountain Hills Maricopa County Sheriff’s office and Town officials. This item has been placed on the agenda at the request of Councilmembers Dickey, Elkie, and Hansen. 11. CONSIDERATION of the Town Manager’s RECOMMENDATION of Captain David Letourneau to serve as District Seven Commander of the Maricopa County Sheriff’s Office as outlined in Resolution 2012-19, Section (II)(E), the Intergovernmental Agreement between the Town of Fountain Hills and the Maricopa County Sheriff’s office. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager. 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: NONE. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 28th day of August, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. revised REVISED: 9/2/14 NOTICE OF THE SISTER CITIES RECEPTION AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:00 P.M. SISTER CITIES RECEPTION [located in the Town Hall lobby area] 6:30 P.M. REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 4, 2014 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates z:\council packets\2014\r140904\140904a.docx Last Printed: 9/2/2014 9:14 AM Page 2 of 3  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor David Taylor, Jr., First Baptist Church of Fountain Hills  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a proclamation declaring September 17 through 23, 2014 to be Constitution Week in Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Presentation by Sharon Morgan, President and Director of the Fountain Hills Sister Cities Corporation of the Town’s newest Sister City – Zamosc, Poland. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 7, 2014. 2. CONSIDERATION of RESOLUTION 2014-42, approving an intergovernmental agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. 3. CONSIDERATION of RESOLUTION 2014-41, declaring and adopting the results of the Primary Election held on August 26, 2014. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by William McKellips, Owner/Agent of Salute the Giver, LLC DBA Grapeables Fine Wine, located at 12645 N Saguaro Boulevard, Suite 9, Fountain Hills, AZ. This is for a series 7 license (Beer & Wine Bar) and series 10 (Beer & Wine Store). z:\council packets\2014\r140904\140904a.docx Last Printed: 9/2/2014 9:14 AM Page 3 of 3 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Randy Nations, Owner/Agent of LMB Ventures LLC DBA Fountain Hills Express, located at 11829 N Saguaro Boulevard, Fountain Hills, AZ. This is for a series 10 (Beer & Wine Store). 6. CONSIDERATION of approving the FOURTH AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT with CliftonLarsonAllen, dated September 4, 2014, for the triennial Town of Fountain Hills Municipal Court audit for the year ended June 30, 2014, in the amount of $3,500.00. 7. CONSIDERATION of approving a COOPERATIVE PURCHASING AGREEMENT (C2015-126) between the Town of Fountain Hills and Hoffman Southwest Corporation, DBA Professional Pipe Services, “not to exceed” $50,000.00, for storm drain structure cleaning and televising. 8. CONSIDERATION of approving the PURCHASE of twelve (12) portable fire radios and accessories from Motorola Solutions, Inc. in the amount of $108,309.12. 9. CONSIDERATION of RESOLUTION 2014-38, approving an Intergovernmenatl Agreement with Maricopa County Flood Control District relating to the construction of the Ashbrook Wash Improvements. REGULAR AGENDA ITEMS 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding LAW ENFORCEMENT UPDATES in Fountain Hills, GOALS AND PRIORITIES for the Department, and COMMUNICATION between the Fountain Hills Maricopa County Sheriff’s office and Town officials. This item has been placed on the agenda at the request of Councilmembers Dickey, Elkie, and Hansen. 11. CONSIDERATION of the Town Manager’s RECOMMENDATION of Captain David Letourneau to serve as District Seven Commander of the Maricopa County Sheriff’s Office as outlined in Resolution 2012-19, Section (II)(E), the Intergovernmental Agreement between the Town of Fountain Hills and the Maricopa County Sheriff’s office. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager. 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: NONE. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 28th day of August, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Town of Fountain Hills PROCLAMATION Constitution Week 2014 WHEREAS,September 17,2014 marks the 227th anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention;and WHEREAS,it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation;and WHEREAS,it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; NOW,THEREFORE,I,Linda M.Kavanagh,Mayor of the Town of Fountain Hills,Arizona,do hereby proclaim September 17 through 23,2014 to be CONSTITUTION WEEK in Fountain Hills and hereby ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. DATED This 4th day of September,2014. avanagh,Mayor ATTEST: Bevelyn J/Bender,Town Clerk Pet Friendly!When it comes to our furry friends we just can’t say no to jythose adorable faces! The Town of Fountain Hills has been described as one of the most pet friendly towns in the valley! Why we love our pets!Fountain Hills is sunny almost 365 days a yearSeveral sprawling parks with great walking paths for d lhd you and your leashed pet Many pet friendly restaurant patios OffLh Ril Fili/D Pk D Off‐Leash Recreational Facility/Dog Park, at Desert Vista Park. Specialty StoresSpecialty StoresAnnual pet adoption event “Paws in the Park”And much more!And much more! FOUNTAIN HILLS SISTER CITIES COMMITTEE TRIP TO POLAND TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J. Bender, Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:CivicResponsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 7,2014. 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:Approved: m Buchanan,Town ManagerBevelynBender,Town Clerk 8/25/2014 Ken Buchanan,Town Manager 8/26/2014 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Ken Buchanan Town Manager,480-816-5107;kbuchanan@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2014-42, approving an intergovernmental agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. Applicant:NA Applicant Contact Information:NA Property Location:NA Related Ordinance,Policy or Guiding Principle:Section 12 of the Gaming Compact 2002 and A.R.S.§5- 601.02;Fountain Hills Resolution 2004-34 Staff Summary (background): Proposition 202 [Gaming Compact with the State of Arizona]was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S.§5-601.02.This legislation allows for distribution of funds to be solicited by cities,towns,and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, which include public safety,mitigation of impacts of gaming,and the promotion of commerce and economic development. The Compact permits the Nation to allocate 12%of the fees it pays to the State to cities,towns,and counties in the State of Arizona. Many non-profits also request this funding as "pass through dollars" from cities, towns, and counties to support programs within their communities.Because the legislation required that the funds be solicited by a municipality or county,the Town Council approved Resolution 2004-34 on July 1,2004,which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e.as a pass through for funds).A copy of the policy has been provided for reference. The Fort McDowell Yavapai Nation has awarded a total of $67,044.07 for FY2014 to the following agencies: Golden Eagle Ed.Foundation $3,044.07 Fountain Hills Unified School District $49,000.00 River of Time Museum $5,000.00 Boys/Girls Club $10,000.00 Risk Analysis (options or alternatives with implications):NA Fiscal Impact (initial and ongoing costs;budget status):NA Page 1 of 2 Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized, list here:NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s>or Commission(s):NA Staff Recommendation(s):Approve List Attachment(s):Resolution 2014-42; and Resolution 2004-34 (TheTown's pass through policy) SUGGESTED MOTION (for Council use):Move to approve the consent agenda as listed. Prepared by: NA 8/26/2014 Director's Approval: NA 8/26/2014 Vpprdved:—.fj Cen Buchanan,Town Manaqer Appro JK Ken Buchanan,Town Manager"*8/26/2014 Page 2 of2 RESOLUTION NO.2014-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION RELATING TO PROPOSITION 202 FUNDING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and the Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion of tourism and other public programs (the "Agreement")is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2.The Mayor,the Town Manager,the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,September 4, 2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: KennethW. Buchanan,Town Manager Andrew J. McGuire, Town Attorney 2221232.1 2221232.1 EXHIBIT A TO RESOLUTION NO.2014-42 [Intergovernmental Agreement] See following pages. 2220768.2 Intergovernmental Agreement Between The Town of Fountain Hills and The Fort McDowell Yavapai Nation To Provide Funds for Promoting Public Programs In the Town of Fountain Hills And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs;Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 And A.R.S.§5-601.02 Fort McDowell,Arizona Intergovernmental Agreement Between The Town of Fountain Hills and The Fort McDowell Yavapai Nationto Provide Fundsfor Promoting Tourism andother Public Programs in the Town of Fountain Hills and Surrounding Communities This Intergovernmental Agreement (this "Agreement")is entered into by and between the Town of Fountain Hills,an Arizona municipal corporation (the "Town")and the Fort McDowell Yavapai Nation (the "Nation"),a Federally-Recognized Indian Tribe,pursuant to Section 12 Payment of Regulatory Costs;Tribal Contributions ("Section 12")of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact2002(the"Compact")andA.R.S.§5-601.02. Recitals A. TheTownandNationmayenterintoanagreementwithoneanotherforthe distribution of 12%ofthe Nation's annual contribution under Section 12(b)(1)ofthe Compact to cities,towns,or counties that benefit the genera!public or promote commerce and economic development and pursuant to A.R.S.§ 5-601.02. B. The Nation is authorized by Section 13(A)(15)of Article V,Legislative Branch,of the Constitution of the Fort McDowell Yavapai Nation to consult,negotiate,contract and conclude and perform agreements with Federal,state,local governments and Indian tribes,as well as any person, association,partnership,corporation,government orother private entity. C.The Town is authorized by A.R.S.§§5-601.02 and 11-952 to enter into agreements with Indian Tribes forthe purpose of accepting distributions to cities,towns or counties for governmental services that benefit the general public,including public safety,mitigation of impacts of gaming,or promotion of commerceand economic development. D.The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting tourism and other public programs in the State of Arizona and specifically the Town of FountainHills and surrounding communities,as designated by the Nation,hereinafter referred to as the "Designated Entities", as more particularly described in Exhibit A attached hereto and incorporated herein by reference. E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the Nations'funding of the Designated Entities. F. The total cost of the Designated Project(s): $67,044.07. G.The $67,044.07 is hereby made available for the Designated Entities from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino. H.The Nation intends to provide $67,044.07 (the "Funds"),which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S.§5-601.02. 2220768.2 Agreement NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated herein,and the covenants and promises set forth below,the Nation andthe Town,hereby mutually agree as follows: 1.DesignatedEntity.The Designated Entity(s)is the Townor a non-profit entitywithinthe Townof Fountain Hills which operates forthe public benefit in the Town of Fountain Hills and surrounding areas,as identified in the attached Exhibit A. 2.Disbursement of Funds.After receipt ofthe Funds from the Nation,the Town shall send a payment to such Designated Entity (s)inthe amount ofthe payment received from the Nation as expeditiously as possible. 3.Consideration and Reliance.The Nation expressly acknowledges thatthe Town's promise to accept and disburse to the Designated Entity all Funds received bythe Town pursuant to this Agreement is full and adequate consideration andshall render this promise to provide funding irrevocable,andthis Agreement shallconstitutea binding obligation of theNationunder applicable law. 4.Limited DutiesofTown.The Nation further expressly agrees that,except as specifically set forth in this Agreement,the Town has no duties underor relatedto this Agreementotherthan to receivethe Funds and deliver sameto the Designated Entity;selection of Designated Entityand determination as to the amount of funding aresolelyatthe discretion ofthe Nation.The Parties agree that there areno third-party beneficiaries to this Agreement. 5.Financing;Verification of Payment. A.Nation Deposit.TheNationshall deposit withthe Townthe amountof $67,044.07 withinthirty (30) days of the Effective Date of this Agreement to be disbursed according the Designated Project amounts in Exhibit A. B.Verification ofPayment.At the requestof the Nation,the Town shall provide a verification of payment to the Designated Entity. The Town's responsibility is limited to disbursement to each Designated Entity and the Townhas no further duty with regardto third party,provided that the disbursement is complete. 6.Inspectionand Audit.To ensure compliance withtheTown's limited duties herein,the Nation may inspect anyand all records maintained by the Townwith respect to the Project uponseven(7) days prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation,whetherwholeorinpart,ofthisAgreementfor a periodof one(1)year following the date of such termination,cancellation,or revocation. 7.Term and Termination of Agreement. A.Effective Date.This Agreement shall be effective on the date it is signed by the Nation's authorized representative. B.Term.This Agreement shall commence upon the Effective Date and shall terminate when the funds have been received by the Town and disbursed to the Designated Entity. 2220768.2 C.Termination.The Nation may terminate this Agreement with or without cause at any time prior to providing payment to the Town,provided that such notice shallbe in writing and delivered to the parties' designated representatives, as set forth in the Notice section. 8.Indemnification. A.Indemnification.To the extent permittedby law, each party shall indemnify,defend,and hold harmless the other party,its governing body,officers,departments,employees and agents from andagainstany andall suits,actions,legalor administrative proceedings,claims,demands,liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's, and account's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees or agents in performingthe duties set forth in this Agreement. B.No Liability for Other Party's Debts and Obligations.Neitherpartyshall beliablefor anydebts, accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation the otherparty's obligationto withhold employment and incometaxes for itselfor any of its employees. C.Severability.This Section 8 shall survive termination,cancellation, or revocation, whether whole or in part,of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section 8 survive more than five (5) years from the date of termination,cancellation or revocation of this Agreement. 9.Interpretation of Agreement. A.Entire Agreement.This Agreement constitutes the entire agreement between the parties pertaining to the subject matter containedherein, and all prior or contemporaneous agreements and understandings,oral or written, are hereby superceded and merged herein. B.Amendment.This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C.Construction and Interpretation.All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. D.Relationship of the Parties.Neither party shall be deemed to be an employee or agent of the other party to this Agreement. E.Days.Days shall mean calendar days. F.Severability.In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision,such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 2220768.2 10.Waiver.Waiver or delay in enforcement by either party of any breach of a term,covenant,or condition contained herein shall not be deemed a waiver of any other term,covenant,or condition,or any subsequent breach of the same or any other term, covenant, or condition contained herein. 11.Notification.Any notice,communication,or modification shall be given in writing and shall be given by registered or certified mail orin person to the following individuals.The date of receipt of such notices shall bethe date the notice shall be deemed to have been given. For the Fort McDowell Yavapai Nation: Ruben Balderas,President Fort McDowell Yavapai Nation P.O.Box 17779 Fountain Hills,AZ 85269 For the Town of Fountain Hills: Kenneth Buchanan Town Manager 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Thomas Moriarty, General Counsel Fort McDowell Yavapai Nation P.O.Box 17779 Fountain Hills,AZ 85269 Andrew McGuire, Town Attorney Gust Rosenfeld,PLC One E.Washington,Suite 1600 Phoenix,AZ 85004 12.Assignment and Delegation.Neither party shall assign nor delegate any of its rights,interest, obligations,covenants,or performance under this Agreement.Any termination shall not relieve eitherparty from liabilities orcosts already incurred underthis Agreement. 13.Non-Waiver of Sovereign Immunity.Nothing in this Agreement,Exhibit A or the Funding Agreements shallbeconstruedto waivethe Sovereign Immunity oftheNation. [SIGNATURES ON FOLLOWING PAGE] 2220768.2 IN WITNESS WHEREOF,The Town of Fountain Hills has caused this Intergovernmental Agreement to be executed by the Mayor,upon resolution of the Town Council and attested by the Town Clerk,and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation'sTribal Council and attested to byits Clerk. This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation. ATTEST: £^(-JLjL_ Selena Castaneda,Secretary Fort McDowell Yavapai Nation Date ATTEST: Bevelyn Bender,Town Clerk Town of Fountain Hills Date 2220768.2 FORT MCDOWELL YAVAPAI NATION Luben Balderas President,Tribal Council Fort McDowell Yavapai Nation TOWN OF FOUNTAIN HILLS Linda M. Kavanagh, Mayor Town of Fountain Hills The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION,and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation,Section 13(A)(15),Article V Legislative Branch,as adopted October 19, 1999 and approved by the U.S.Deputy Commissioner of Indian Affairs November 12,1999.This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. 2220768.2 Thomas Moriartv Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S.§11-952(D),the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalfof the TOWNOF FOUNTAIN HILLS and (if)as to the Town of Fountain Hills only,has determined that this Agreement isin proper form and that execution hereofis withinthe powersandauthoritygranted underthe lawsofthe State of Arizona. )',General Counsel Date Andrew McGuire,Town Attorney Date Town of Fountain Hills Project(s) Town of Fountain Hills TOTAL 2220768.2 EXHIBIT A DESIGNATED PROJECTS 2014-2015 Purpose Fountain Hills Unified School District Golden Eagle Education Foundation,Inc. Boys &Girls Clubs River of Time Museum Award $49,000.00 $3,044.07 $10,000.00 $5,000.00 $67,044.07 Contact Ken Buchanan 480-816-5100 Ken Buchanan 480-816-5100 Ken Buchanan 480-816-5100 Ken Buchanan 480-816-5100 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480.816.5115;bbender@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2014-41,declaring and adopting the results of the Primary Election held on August 26,2014. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§16-642 and §16-646. Staff Summary (background): A.R.S.§16-642 states that the governing body holding an election shall meet and canvass the election not less than six days nor more than twenty days following the election.Although a resolution is not required,adoption by resolution is a formal method by which to provide the information to the public and the results are maintained as a permanent record. 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):N/A Staff Recommendation(s):Approve List Attachment(s):Resolution 2014-41 to be provided prior to meeting once the "official"election results are made available. SUGGESTED MOTION (for council use):Move to approve the consent agenda._ Prepared by:Approved: ;n Buchanan,Town ManagerBevelynBender,Town Clerk 8/27/2014 Ken'Buchanan,Town Manager 8/28/2014 Page 1 of 1 2221000.4 RESOLUTION NO. 2014-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON AUGUST 26, 2014. WHEREAS, the Town of Fountain Hills (the “Town”) did hold a primary election by mail ballot on the consolidated election ballot of August 26, 2014 (the “Primary Election), for the nomination/election of the Mayor and three Councilmembers; and WHEREAS, the Primary Election returns have been presented to and have been canvassed by the Mayor and Council of the Town of Fountain Hills. 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 total number of registered voters was 16,213; the total number of ballots cast at the Primary Election was 6,124, the total number of ballots rejected was 52, and the total rate of return was 37.77%. NAME PPNO#0232 Fountain Hills PPNO#0233 Four Peaks PPNO#0257 Golden Eagle PPNO#0458 Palisades PPNO#0544 Saguaro TOTAL Number of ballot rejected 6 10 14 8 14 52 SECTION 3. The votes cast for the candidates for Mayor were as follows: NAME PPNO#0232 Fountain Hills PPNO#0233 Four Peaks PPNO#0257 Golden Eagle PPNO#0458 Palisades PPNO#0544 Saguaro TOTAL Kavanagh, Linda 707 897 1,049 712 881 4,246 Write-ins 28 64 51 29 42 214 SECTION 4. The votes cast for the candidates for Councilmember were as follows: NAME PPNO#0232 Fountain Hills PPNO#0233 Four Peaks PPNO#0257 Golden Eagle PPNO#0458 Palisades PPNO#0544 Saguaro TOTAL Bellenir, Lina 478 607 754 476 585 2,900 DePorter, Nick 578 769 933 588 695 3,563 Leger, Henry 621 800 860 615 718 3,614 Magazine, Alan 534 639 848 526 636 3,183 Write-ins 8 12 6 3 7 36 2221000.4 2 SECTION 5. It is hereby found, determined and declared of record, that the following candidates for Mayor and Councilmember did receive the greatest number of votes of the electors of the Town at the Primary Election, and the Town Clerk is hereby directed to issue certificates of election: MAYOR: Kavanagh, Linda COUNCILMEMBER: DePorter, Nick Leger, Henry Magazine, Alan SECTION 6. This Resolution shall be in full force and effect immediately upon its adoption. SECTION 7. 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, September 4, 2014. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Sonia Kukkola /Financial Services Technician (480)816-5136 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by William Allan McKellips,Owner/Agent of Salute the Giver, LLC DBA Grapeables Fine Wine located at 12645 N Saguaro Blvd #9, Fountain Hills AZ. This is for a series 7 (Beer & Wine Bar) and a Series 10 (Beer & Wine Store). Applicant:William Allan Mckellips Applicant Contact Information:480-816-5959 Property Location:12645 N Saguaro Blvd #9 Fountain Hills.AZ 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 7 (Beer &Wine Bar)and a Series 10 (Beer &Wine Store)liquor license submitted by William Allan Mckellips,new owner/agent of Salute the Giver, LLC DBA Grapeables Fine Wine 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):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A 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):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for Council use):Move to approve the LIQUOR LICENSE APPLICATION submitted by William Allan McKellips,Owner/Agent of Salute the Giver, LLC DBA Grapeables Fine Wine . Page 1 of 2 Prepared by: Sonia Kukkola,Financial Services Technician 8/26/2014 Directo/^Approval hy/Finc Ken Buchanan,Town Manage CL±. 8/26/2014 Paac2of2 UtOQcJiA 7-3-W Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice:Effective Nov.1,1997,All Owners.Agents.Partners,Stockholders.Officers,or Managers actively involved inthe dav to day operations of-' the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years See paqe 5 of the LiquorLicensing requirements.' '' SECTION 1 This application Is fora: 0 MORE THANONE LICENSE B INTERIM PERMIT Complete Section 5 53 NEW LICENSE Complete Sections 2,3,4,13,14,15,16 S PERSON TRANSFER (Bars &Liquor Stores.ONLY) Complete Sections 2, 3, 4,11,13,15,16 •LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16 •PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 16 (fee not required) •GOVERNMENT Complete Sections 2,3,4,10,13, 15,16 SECTION 2 Type of ownership:C, •J.T.W.R.O.S.Complete Section 6 "I D INDIVIDUAL Complete Section 6 W •PARTNERSHIP Complete Section 6 a •CORPORATION Complete Section 7 £, H LIMITED LIABILITY CO.Complete Section^ •CLUB Complete Section8 ~:i •GOVERNMENT Complete Section10 •TRUST Complete Section6 •OTHER (Explain) SECTION 3 Type of license and fees LICENSEES):07070878^iCQliAEO/; 1.Type of License(s):Series 7 geKej iO 2.Total fees attached: w-JDepartment Use Only —^-APPUCATIOH'FEEANCriNTERIMPERMITFEES~(IF~APPLICABLErARE NOT REFUNDABLE: The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks. SECTION 4 Applicant 13 Mr.1.Owner/Agents Name:Dmr McKellips,William Allan (Insert one name ONLYto appear on license)Last 2.-Corp:/Partnership/L±.C::Salute-the Giver,LLC (Exactlyas it appears on Articlesof Inc.or ArticlesofOrg.) 3.Business Name:Grapeables P iVa.Ul*'v£ (Exactly as it appears on the exteriorofpremises) First Middle 4.Principal Street Location ]2645 N-Saguaro Blvd.,°\Fountain Hills Maricopa 85268 (Do not use PO Box Number)City County Zip 5.Business Phone:(480)816-5959 Daytime Phone:^"MMBBP1 Email^i!1^!!^!?!^0^^-!0^ 6.Isthe business located within the incorporated limits ofthe above city or town?E3YES DNO 7.Mailing Address:4NHHflT.BP*Fountain Hills,Arizona 85268 City State 8.Price paid for license only bar,beerand wine,or liquor store:Type ]___ DEPARTMENT USE ONLY S 15,000 Type COFees:QCO •QCO — Interim Permit Finger Prints $M:~~fO o Application Site Inspection TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefitscomplete?Q YES •NO Accepted bVXU Date:1 ; 1•l4 Lie.#OH CHOS^lS*|\ZOlLpSBlp 1/7/2013 *Disabled individuals requiring special accommodation,please call (602) 542-9027. 1 TO: FR: (as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing Sonia Kukkola, Financial Service Technician TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO DATE:08/06/14 RE:Liquor License Application Attached isa Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with orwithout stipulations)or denial. If staffs recommendation is to denyand/orthere are stipulations for approval,please attacha memo that specifies the reasoning andthe memo will be forwarded on to the Town Council fortheir consideration ofthis application. Name of Organization:Grapeables 12645 N Saguaro Blvd #9 Applicant:William Allan McKellips Date(s)of Event:N/A Date Application Received:07/03/14 Town Council Agenda Date:09/04/14 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement David Letourneau X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Sonia Kukkola /Financial Services Technician (480)816-5136 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Randy D. Nations,Owner/Agent of LMB Ventures LLC DBA Fountain Hills Express located at 11829 N Saguaro Blvd,Fountain Hills, AZ. This is for a Series 10 (Beer & Wine Store). Applicant:Randy D.Nations Applicant Contact Information:(480)837-3236 Property Location:11829 N Saguaro Blvd,Fountain Hills, AZ 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 10 (Beer &Wine Store)liquor license submitted by Randy D.Nations, new owner/agent of LMB Ventures LLC DBA Fountain Hills Express 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):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A 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):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for Council use):Move to approve the LIQUOR LICENSE APPLICATION submitted by Randy D. Nations,Owner/Agent of LMB Ventures LLC DBA Fountain Hills Express. Page 1 of 2 Prepared by: Sonia Kukkola,Financial Services Technician 8/26/2014 Director's Approvif: Approved: an,Town ManagerKenBuchanan,Town Manage 8/26/2014 Page 2 of2 Posted 7 Arizona Department of LiquorLicensesand Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice:Effective Nov. 1, 1997, All Owners,Agents.Partners.Stockholders,Officers,or the business must attend a Department approved liquor lav/training course orprovide proof ofattendance within the last five years.See page 5 of the Liquor Licensing requirements. SECTION 1 This applicationisfor a: 'Managers actively involved in the day to day operations of • MORE THANONE LICENSE K3 INTERIM PERMIT CompleteSection5 IS NEW LICENSE Complete Sections 2,3,4,13, 14,15,16 •PERSON TRANSFER (Bars &Liquor Stores ONLY) Complete Sections 2,3,4, 11, 13,15,16 D LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2,3, 4, 12, 13,15,16 •PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2,3,4,9, 13, 16 (fee not required) D GOVERNMENT Complete Sections 2,3,4,10,13,15,16 SECTION 2 Type ofownership: •J.T.W.R.O.S.Complete Section 6 •INDIVIDUAL Complete Section6 D PARTNERSHIP Complete Section 6 D CORPORATION Complete Section 7 S LIMITED LIABILITY CO.Complete Section 7 D CLUB Complete Section 8 •GOVERNMENT Complete Section 10 • TRUST CompleteSection 6 D OTHER (Explain) SECTION 3 Type of license and fees LICENSE #(s):\A C)l [G56~7 1. Type of License(s): Series10 2.Total fees attached:$ apartment Use Only c^HH APPUCA TION 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 El Mr. 1. Owner/Agent's Name:fj Ms (Insertone name ONLY to appear on license)Last 2.Corp./Partnership/L.L.C:LMB Ventures LLC Nations (Exactly as itappears on Articles of Inc.or Articles ofOrg.) 3.Business Name:Fountain HillsExpress (Exactly as it appears on the exteriorof premises) Randy First 4.Principal Street Location 11829 NSaguaro Blvd l-'ountain Hills 4?ico^4 D. Middle Ri 00frOg Maricopa 85268 (Do not use PO Box Number)City County Zip 5.Business Phone:480-837-3236 Daytime Phone:jjfl|Bfc Email:monda@azlic.com 6.Is thebusiness located within the incorporated limits oftheabove city or town?SYES DNO 7.Mailing Address:P 0 Box 2502 Chandler AZ 85244 City State 8.Price paid for license only bar,beer and wine,or liquor store:Type DEPARTMENT USE ONLY Zip Type Fees:iOO Application 00 L)\,\ d?MMInterimPermitSiteInspectionFingerPrints$ TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete?$|YES DNO Accepted by:S>Cr Date:1\)H Lic.#lODHflSbl 1/7/2013 'Disabled individuals requiring special accommodation,please call (602)542-9027. 1 TO: FR: (as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing Sonia Kukkola, Financial Service Technician TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO DATE:08/06/14 RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with orwithout stipulations)or denial. If staffs recommendation is to deny and/orthereare stipulations for approval,please attach a memo that specifies the reasoning andthe memo will be forwarded onto the Town Council fortheir consideration ofthis application. Name of Organization:Fountain Hills Express 11829 NSaguaro Blvd Applicant:Randy D.Nations Date(s)of Event:N/A Date Application Received:07/09/14 Town Council Agenda Date:09/04/14 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement David Letourneau X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipuiations. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Craig Rudolphy,Finance Director,480-816-5162,crudolphy@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of the FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT with CliftonLarsonAllen,LLP, dated September 4, 2014,for a triennial court audit for the year ended June 30,2014 in the amount of $3,500. Applicant:CliftonLarsonAllen (CLA) Applicant Contact Information:Dennis Osuch,Principal,602-604-3630 Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Town and LarsonAllen,LLP,entered into a Professional Services Agreement dated June 17,2010,forthe Contractor to provide financial auditing services.The initial agreement has been previously amended three times: (1)On December 6,2012,the First Amendment extended the term of the Initial Agreement. (2) On July 1,2013,the Second Amendment further extended the term and increased the compensation amount. The Second Amendment approved the contract for the next two audis (FY13-14 and FY14-15). (3)On June 19,2014, the Third Amendment modified the Scope ofWork and created the mechanism for the engagment letter to detail the scope of work for each of the next two years. This proposed Fourth Amendment modifies the Scope of Work for the Contractor to perform an external review of the Fountain Hills Municipal Court for the period July 1,2013 through June 30,2014 and provides for compensation to the Contractor for Additional Serivces. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$3,500 for FY14-15 Budget Reference (page number):FY14-15 Budget -page 135 (budgeted at $2,500) 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 1 of 2 Staff Recommendation(s):Approve List Attachment(s):FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT with Clifton LarsonAllen,LLP,dated September 4,2014 SUGGESTED MOTION (for Council use):Move to approve the FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT with CliftonLarsonAllen,LLP,dated September 4,2014. Prepared by: 8/1/2011 8/12/2014 l&QzxiSPc Appro/ed: Ken Buchanan,Town Manager 8/26/2014 Page 2 of 2 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CLIFTONLARSONALLEN,LLP THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Fourth Amendment")is entered into as of September 4,2014,between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"),and CliftonLarsonAllen,LLP, formerly known as LarsonAllen,LLP, a Minnesota limited liability partnership (the "Contractor"). RECITALS A. The Town and LarsonAllen,LLP entered into a Professional Services Agreement dated June 17,2010 (the "Initial Agreement"),for the Contractor to provide financial auditing services (the "Services"). B. On or about January 9,2012,Larson Allen,LLP merged with Clifton Gunderson, LLP,to form CliftonLarsonAllen,LLP. C. The Initial Agreement was amended by that certain First Amendment dated December 6,2012,to extend the term of the Initial Agreement (the "First Amendment"),by that certain Second Amendment dated July 1, 2013, to further extend the term and to increase the compensation amount (the "Second Amendment")and by that certain Third Amendment dated June 19,2014, to amend the Scope of Work by creating a process for incorporating annual engagement letters. The Initial Agreement,the First Amendment,the Second Amendment and the Third Amendment are collectively referred to herein as the "Agreement." D.The Town and the Contractor desire to enter into this Fourth Amendment to (i) modify the Scope of Work for Contractor to perform an external review of the Fountain Hills Municipal Court for the period July 1,2013 through June 30, 2014 (the "Additional Services") and (ii) provide for compensation to the Contractor for the Additional 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 as follows: 1. Scope of Work.Contractor shall provide the Additional Services as set forth in the Engagement Letter attached hereto as Exhibit 1 and incorporated herein by reference, which Engagement Letter shall be included as part of Exhibit E to the Agreement. 2203926.1 2. Compensation. The Town shall increase the compensation to Contractor by $3,500.00 for the Additional Services at the rate set forth in the Engagement Letter, attached hereto as Exhibit 1. resulting in an increase of the total compensation,from $175,685.00 to an amount not to exceed $179,185.00. 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 Fourth 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 Fourth 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 Fourth Amendment are forever waived. 5.Conflict of Interest.This Fourth Amendment and the Agreement may be canceled 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. [SIGNATURES ON FOLLOWING PAGES] 2203926.1 "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 ) On , 2014, before me personally appeared Kenneth W. Buchanan, the Town Manager of the Town of FOUNTAIN HILLS,an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document,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] 2203926.1 "Contractor" CliftonLarsonAllen,LLP a Minnesota limited liability partnership 7 ^ Name:/W?/1as J.O^UtL} Title:Pftng'pel (ACKNOWLEDGMENT) state of rrxv^i^:) )ss. COUNTY OF =J On IrDJCn)^T M ^,2014,before me personally appeared kVM^_.,the ^Tl\\^rA_0 (affix notary seal here) 2203926.1 KAREN E.EARLY Notary Public -State of Arizona MARICOPA COUNTY My Commission Expires January 20,2016 of CliftonLarsonAllen,LLP. a Minnesota limited liability partnership, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability partnership. (MU Notary Public in and for the State of/Wj_ 2203926.1 EXHIBIT 1 TO FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CLIFTONLARSONALLEN,LLP [Engagement Letter] See following pages. IF CliftonLarsonAllen CliftonLarsonAllen LLP www.CLAconnect.com July 14,2014 Town Council and Management Town of Fountain Hills,Arizona 16705 E.Avenue of the Fountains Fountain Hills,Arizona 85268 Dear Mr.Rudolphy: We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the agreed-upon procedures engagement CliftonLarsonAllen LLP (CLA) will provide for Town of Fountain Hills,Arizona Municipal Court ("you" or "your") for the period July 1,2013 through June 30,2014. Dennis J.Osuch is responsible for the performance of the agreed-upon procedures engagement. Scope,objective,and responsibilities We will apply the agreed-upon procedures which the Arizona Supreme Court has specified, enumerated in the attached Guide for External Review by Auditors issued by the Arizona Supreme Court and prepared in accordance with the American Institute of Certified Public Accountants, Codification of Professional Standards,AT Section 201,Statement of Standards for Attestation Engagements (SSAEs),Agreed-Upon Procedure Engagements.This engagement is solely to comply with the Arizona Supreme Court's Minimum Accounting Standards enumerated in the Guild for External Reviews by Auditors. Our engagement to apply agreed-upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants.The sufficiency of the procedures is solely the responsibility of those parties specified in the report.Consequently,we make no representation regarding the sufficiency of the procedures described in the attached schedule either for the purpose for which this report has been requested or for any other purpose.If,for any reason,we are unable to complete the procedures,we will describe any restrictions on the performance of the procedures in our report,or will not issue a report as a result of this engagement. Because the agreed-upon procedures listed in the attached Guide for External Review By Auditors do not constitute an examination,audit,or review,we will not express an opinion or provide any assurance on the Town of Fountain Hills,Arizona Municipal Court's compliance with the Arizona Supreme Court's Minimum Accounting Standards.In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule. We will submit a report listing the procedures performed and our findings.This report is intended solely for the use of Town of Fountain Hills,Arizona Municipal Court,Arizona Supreme Court and the Superior Court, and should not be used by anyone other than these specified parties. Our report will contain a paragraph indicating that had we performed additional procedures,other matters might have come to our attention that would have been reported to you. MEXFA Anindcpcndcrt meritedNeBalrtemaknai INTERNATIONAL July 14,2014 Town of Fountain Hills,Arizona Municipal Court Page 2 You are responsible for the presentation of your records in accordance with the Arizona Supreme Court's Minimum Accounting Standards;and for selecting the criteria and determining that such criteria are appropriate for your purposes.For all accounting services we may provide to you,management agrees to assume all management responsibilities;oversee the services by designating an individual, preferably within senior management,who possesses suitable skill,knowledge,and/or experience to understand and oversee the services;evaluate the adequacy and results of the services;and accept responsibility for the results of the services. We plan to begin our procedures on approximately September 8,2014 and,unless unforeseeable problems are encountered,the engagement should be completed by October 31,2014.At the conclusion of our engagement,we will require a representation letter from management that,among other things,will confirm management's responsibility for the presentation of the Town of Fountain Hills, Arizona Municipal Court's records in accordance with the Arizona Supreme Court's Minimum Accounting Standards. Engagement administration and other matters A list of information we expect to need for the engagement and the dates required will be provided in a separate communication. The workpapers supporting the services we perform are the sole and exclusive property of CLA and constitute confidential and proprietary information.We do not provide access to our workpapers to you or anyone else in the normal course of business.Unless required by law or regulation to the contrary, we retain our workpapers in accordance with our record retention policy that typically provides for a retention period of seven years. Pursuant to authority given by law or regulation,we may be requested to make certain workpapers available to certain regulatory agencies for their regulatory oversight purposes.We will notify you of any such request.Access to the requested workpapers will be provided to the regulators under the supervision of CLA personnel and at a location designated by our firm.Furthermore,upon request,we may provide copies of selected workpapers to such regulators.The regulators may intend,or decide,to distribute the copies or information contained therein to others,including other governmental agencies. Fees Our fees for these services will be $3,500.The fee estimate is based on anticipated cooperation from your personnel and their assistance with preparing confirmations and requested schedules.If the requested items are not available on the dates required or are not accurate,the estimated fee for services will likely be higher.If unexpected circumstances require significant additional time,we will advise you before undertaking work that would require a substantial increase in the fee estimate.Our invoices for these fees will be rendered each month as work progresses and are payable on presentation.In accordance with our firm policies, work may be suspended ifyour account becomes 60 days or more overdue and will not be resumed until your account is paid in full.Ifwe elect to terminate our services for nonpayment,our engagement will be deemed to have been completed even ifwe have not issued our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. July 14,2014 Town of Fountain Hills,Arizona Municipal Court Page 3 Other fees You also agree to compensate us for any time and expenses,including time and expenses of legal counsel,we may incur in responding to discovery requests or participating as a witness or otherwise in any legal,regulatory,or other proceedings that we are asked to respond to on your behalf.You and your attorney will receive a copy of every subpoena or request we are asked to respond to. You can control the costs of any discovery process or document request by informing us which requests you would like us to act on. Agreement We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the scope of our engagement.If you have any questions,please feel free to contact me.Please sign,date, and return a copy of this letter to us to indicate your acknowledgement and understanding of the scope of services we are to provide. If the need for additional procedures arises,our agreement with you will need to be revised.It is customary for us to enumerate revisions in an addendum to this letter.If additional specified parties of the report are added,we will require that they acknowledge in writing their responsibility for the sufficiency of the procedures. Sincerely, CliftonLarsonAllen LLP Dennis J.Osuch,CPA Principal 602-604-3630 Dennis.Osuch@CLAconnect.com Enclosure Response: This letter correctly sets forth the understanding of the Town of Fountain Hills,Arizona Municipal Court. Authorized Signature: Title: Date: Authorized Signature: Title: Date: GUIDE FOR EXTERNAL REVIEWS BY AUDITORS Court Name:Date: NOTE:Document names may vary from court to court. Administrative Requirements Procedure 1.Determine if all financial transactions are recorded in an automated cash receipts journal and include: a. Date payment was receipted; b.Amount received; c.Receipt/transaction number;and d.Payment distribution by type (fine,criminal justice enhancement fund,medical services enhancement fund,bond,etc.). 2.Verify if the court has posted the financial policies required by MAS in a conspicuous location in the court's main lobby accessible to the general public or next to each customer service station and includes the following: a. A statement regarding the methods of payment that the court accepts, such as but not limited to.cash,certified checks,money orders,or credit cards; b. A statement that a receipt will be provided for every payment made in person to the court; c. A statement that the receipt provided by the court is proof of payment;and d. A statement regarding the court's dishonored payment policy. Safeguarding Monies and Financial Records Procedure 1. Determine through interviews,observation and by taking an inventory of the contents of the safe if the court safeguards accounting records such as receipts, checks, and monies received by the court as follows: a. Store monies in a secure location from the moment they are received until they are deposited with the bank or local treasurer; b.Retain,count,and handle all monies in a secure location that is not accessible to the public and is only accessible to authorized personnel until monies are deposited with the bank or local treasurer; c. Maintain physical restrictions between the public and the areas where court monies and financial records are stored and allow only authorized access to those areas. d. Display signs limiting admittance to areas where monies and financial records are stored, unless access is restricted by electronic access control. Revised 6-13-2013 Page 1 e. Change safe keys and/or combinations upon either: i.Termination of employment of a person who was granted full access to a safe, unless access to the court or area where the safe is located is restricted by electronic access control or; ii.Change of responsibility of an employee who was granted full access to a safe, unless the area where the safe is located is restricted by electronic access control; f. Assign each cashier an unique user identification.The user identification shall only be used by the assigned user; g. Each cashier shall individually secure the assigned cash drawer fund in a separate lockable drawer or locking bank bag at all times prior to reconciliation and verification; h.Secure blank checks and credit card invoices in a safe,locked cabinet or secured area; i. Secure all manual receipt books and ensure they are accessible only to authorized individuals; j. Prohibit the use of signature stamps when signing financial documents such as checks. Courts may use a check signing machine to imprint authorized signatures on checks; k. Keep cash drawers or bank bags,safes and vaults locked at all times when not in use; 1.Store monies overnight in a locked,immovable and fireproof safe or vault with restricted access; m. Use locking bags or tamper-proof plastic bags to transfer court monies to the bank or local treasurer; n.Court employees and authorized personnel who issue receipts on behalf of the court shall not keep court monies with their own personal funds,deposit court monies in a personal bank account or take court monies home with them upon departure; o.Court staff shall not cash personal checks or purchase supplies using monies from the cash drawer fund; p. Court staff shall not commingle personal monies with court monies including making personal change from the cash drawer fund or court monies or making change for court payments with personal monies; and q. Court staff shall investigate any shortage or overage of monies within one business day. If there is still a discrepancy,court staff shall document the discrepancy and report it to court management, r. Court staff shall not correct an original entry to any financial documents and/or instruments such as, but not limited to, a check or receipt by erasing or masking (correction tape/fluid) the entry. When correcting errors, court staff shall strikethrough the original entry, initial the correction entry, and obtain a second person's verification to validate the correct. Documentation of the verification shall clearly contain the second person's initials. External Review by Auditors Procedure 1.Review the final reports issued for the last external review and for the last operational review conducted by the AOC to determine if the court has addressed all financial findings noted in the reports. Revised 6-13-2013 Page 2 Segregation of Duties Procedure 1.Through interviews,observationandreviewof documentation determine the following: a. A second authorized person, other than the person performing that duty, verifies disbursements, deposits, voided receipts and daily and monthly reconciliations and documents the verification in a method that identifies the verifier such as initials, signature or other electronic identifiers. b. A second authorized person, other than the person performing that duty, reviews all manual receipts issued on a daily basis and that that the documentation of the review clearly contains the initials of the court employee who issued or voided the manual receiptas well as the authorized person who verified the issuanceor voiding; and c. Verify that a second authorized person signs checks prepared by someone else unless the check requires two signatures.For courts with manual checks,verify that a second authorized person signs checks prepared by someone else unless the check requires two signatures. For courts with online checks, verify that the printed online disbursement confirmation pages have the initials/signatures of both the person who prepared the online check and of a second authorized person who verified the online check. Cash Handling Procedure Acceptance of Payment 1. Observe the court's practice for accepting payments to determine if only court authorized personnel or electronic interfaces receipts payments on behalfofthe court. 2.Determine if payments received from defensive driving schools are received in the form of businesscheck, money order, wire transfer or electronic fund transfer. Endorsements 3.During countof cash drawers orcashbagsand when staff opens thedaily mail,determine ifall checks and money orders payable to the court are properly and clearly endorsed with a restrictive endorsement stamp that reads "For Deposit Only - Payable To (account's name)" upon receipt. 4.Determine through interviews and observations if checks and money orders payable to another court are not endorsed, and are sent to the proper court within two business days. Revised 6-13-2013 Page 3 Unidentified Monies 5. Determine if the court has a process to identify the defendant and case number when cash, checks, money orders are received without identifying information; and, that the court receipts the unidentifiable funds into a suspense or hold account within the automated financial management system and deposits into the bank within one business day. 6.Review the court's "Unidentified Monies"file and verify if: a. Copies or an electronic image of the checks or money orders, receipts and supporting documentation are retained by the court; andb. Unidentified monies are reported and remitted as unclaimed funds pursuant to statute. Receipting 7. Determineifthe court is receipting monies received no laterthan the next businessday. 8. Determine ifthe receipts generated by the court reflect the date the monies were receipted. 9. Selecta randomsampleof at least20 individual receipts(for bonds,fines, fees,surcharges,and restitution for all court levels; add child support, probate, and other trust monies for superior court) using the cash receipts journal as the source document. Determine if the individual receiptscontain the following information(as applicable): a.Name of court; b.Case number; c.Defendant's name; d.Plaintiffs name; e. Date payment was receipted; f.Amount received; g.Name and address of the third partypayor making the payment (if available)and if not included on the case financial record; h.Identification of person receiving the payment; i.Method of paymentsuch ascash,check,paymentcardor electronic fund transfer; j. Uniquesequential receipt/transactionnumber. 10.Sample 10 defensive driving school payments and verify if the monies from the defensive driving schools were receipted bytheendof the next business day and payment was recorded in each defendant's case financial record. 11.Determine if the court is receipting overpayments as an overpayment and not as a fine, surcharge,bond, or restitution. Revised 6-13-2013 Page 4 Manual Receipts 12. Determine if manual receipts are only used when the court's automated financial system is inoperable and manual receipts are entered into the automated management system by the end of the business day or as soon as the system is operable. 13.Review the court's manual receipt book and sample 10 manual receipts to verify the following: a. Manual receipts are at least two-part forms, pre-printed with unique sequential numbers and the name of the court on each receipt. Receipts are issued in sequence within each book; b. Manual receipts are entered into the financial automated system and are cross-referenced; the automated receipt number is referenced on the manual receipt and the manual receipt number is referenced on the automated receipt or recorded in a docket entry in the case management system; c. A second person reviews the manual receipts and verifies receipts are issued in sequence, are recorded in the financial management system, and all receipts are accounted for and have actually been issued or voided; d. There is documentation that a second person reviewed the manual receipts such as initials or signature;and e. The court has an established written policy, procedure or guidelines to account for all unissued manual receipts at least quarterly. Voided Receipts 14. Select a sample of 10 automated and 10 manual voided receipts to determine that all voided receipts arenot altered inany way,andifanerroris made ora correction is needed,the receipt is marked "VOID" and the reason for voiding the receipt is noted on the receipt, unless the reason is indicated on the case financial record. Verify that all copies of voided manual receipts are retained in the manual receipt book.Verify if a new receipt was issued for each voided receiptandthatthe voidedreceiptnumberis referenced on the replacement receipt. Online Transactions 15. Determine if the court has a manual retrieval process for online transactions. If so, the court must retrieve and receipt the transactions tothecase financial management system nolater than the end of the next business day. 16. Determine if the court has an automated retrieval process for online transactions. If so, the court must receipt the transactions to the case financial management system no laterthan the end of the next business day. 17.Verify receipts associated with online transactions contain the following additional elements in the case financial record:online transaction date,online transaction number, and name and address of cardholder, if available; however, there shall be at a minimum, an audit trail to identifythe cardholder's information for disbursement purposes. Revised 6-13-2013 Page 5 Disbursements Procedure 1.Sample at least 10 disbursements to determine if disbursements were made only in the form of a check, credit to the payment card originally used to make the payment or an electronic fund transfer and that all checks and/or approved payment card adjustments or reversals were only signed by authorized signers. 2. Verify checks issued by the court are pre-printed with sequential numbers, or electronically assigned and disbursed in sequential order. 3. Sample 10 bond disbursements and verify bond monies were disbursed according to written court order and only to the individual who posted the bond or to the third party authorized to receive monies by the person posting the bond. 4. Sample 10 restitution payments and verify restitution payments were disbursed to victims within the time requirements of ACJA § 5-204. 5.Determine if the court has established written guidelines for refunding and disbursing overpayments and bonds. 6. For all sampled disbursements,verify the disbursements were recorded in the court's automated financial management system by the end of the next business day and disbursed within the time period prescribed in the court's written policiesand procedures. 7. For all sampled disbursements,verify each automated disbursement record contains the following:case number,party names, date check issued,check amount and/or converted amount,name of payee, check number,payment distribution (fines,surcharges,restitution, bond,etc.), amount disbursedand electronic fund transaction number, if applicable. 8.Verify the court's disbursement journal contains the following at a minimum:date check issued, amount disbursed, name of payee, court check number, method of payment distribution,and electronic fund transaction number, if applicable. 9.Verify voided checks are marked "VOID" on the face of the checkand all voided checks are retained. For courts with online checks, verify that the printed online confirmation pages of the voided transactions have the initials/signatures of both the person who voided the online check and of a second authorized person who verifiedthe voidedonline check. 10.Verify when the court deems a check has been lost or stolen that the court placed a stop payment on the check. 11.Verify when the court issues replacement checks,the new check is issued following normal disbursement procedures,and the court cross-references both the new check number and Revised 6-13-2013 Fage 6 12.Ifthe court uses a petty cash fund, verify the court is following local policies and procedures regardingusageand reimbursement of the petty cash funds. Bank Accounts and Deposits Procedure 1.Examine a recent bank statement(s)for each account and verify that all bank and investment accounts are established under the name of the court,unless these accounts are maintained by the city, countyor in the case of appellate courts,the state treasurerand are established in the name of the city,county or state. 2.Determine if the court maintains a current list of all checking,investment and other bank accounts which includes the name and address of the banking institution,the account number, the account name, and the names of those authorized to sign checks or make withdrawals. 3.Determine if the court maintains current signature cards/agreements for all bank and investment accounts involving court monies, unless the accounts are maintained by the city, county,or, inthe caseof appellate courts,the state treasurer and are established inthe name of the city, county, or state. 4.Determine ifthe court deposits cash,checksand moneyorders with the localtreasureror bank bythenext business daythe court andthe treasurer are open when receipts exceed $300.00 or at leastweeklyif receiptstotaled lessthan $300.00. 5.Compare bank deposits to the cash receipts journal to determine if funds were deposited inthe same form as received. Reconciliation of Financial Records Note:Select one month of financial records and consistently use the same month to review reconciliations. Procedure Daily Reconciliations 1.Determine through interviews and observation that each court employee responsible for a cash drawer fund verifies the beginning cash fund before usage. 2.Determine through interviews and observation each court employee responsible for a cash drawer fund reconciles and balances all monies received after each shift with the cash receipts journal.Verify the clerk initialed/signed the daily cash receipts summary report used to document the reconciliation and that a second person verified the clerk's reconciliation and initialed/signed the report. Revised 6-13-2013 Page 7 3. Perform count of each cash drawer and reconcile total daily receipts to cash receipts journal for each clerk responsible for a cash drawer. 4. Observe and verify preparation of the daily deposit and the reconciliation of the total daily receiptsto the cash receiptsjournal and determine the daily cash receipts summaryreport or deposit ticket is initialed/signed by the person preparing the deposit and by the second person reviewing and verifying the deposit and that documentation supporting the deposit is retained. 5. Using the cash receiptsjournal as the source document, verify total receipts for each day to the validated deposit ticket and credit card detail report, as applicable, and to the bank account statement. If monies are deposited with the local treasurer (city, county or state as applicable),verify total receipts for each day to the daily funds transmittal report and to the receipt issued by the local treasurer. 6. Determine if the court retains the records of daily reconciliations performed and supporting documentationas required bythe records retention schedule. Monthly Reconciliations 1. Review and verify the reconciliation of the receipts journal for the month to the monthly remittance report submitted to the local treasurer (city, county or state as applicable)and compareto the disbursement check issued. 2.Review and verifythe reconciliation of all bank accounts maintained by the court.Reconcile deposits with the receipts journal and checks written with the disbursements journal. 3.Review and verify the reconciliation of the court's record of open/outstanding bonds to the automated financial management systemreportandto all bank accounts andcash balances. 4. Reviewand verifythe reconciliation of the pettycash fund, ifusedbythe court. 5.Review all reconciliations and supporting documentation and determine if the reconciliations are performed monthly and accurately,are initialed/signed by the person performing the reconciliation,and are initialed/signed by the second person reviewing and verifying the reconciliation. 6. Determine if the court retains the following records for each bank account and reconciliations as requiredbythe recordsretentionschedule: a. Copy of the bank reconciliation; b.Record of outstanding checks; c. Record of deposits in transit; d.Bank statements; e.Canceled checks; Revised 6-13-2013 Page 8 g. Bank issued debit and credit memos; h. Monthlyfinancial reconciliations and supportingdocumentation; and i. Anydocumentationthat requeststhe adjustment or void of a case financial record. Outstanding Checks Procedure 1.Determine if the court investigates all court checks,manual or online,outstanding for more than six months on a monthly basis, unless maintained by a city, county, or state financial agency.Determine if the court documents action taken or disposition of outstanding checks investigated and retains documentation in accordance with the records retention schedule, if the investigation is performed by the court. 2. Determine ifthe court places a stop payment on outstanding court checks reportedand remitted as unclaimed funds to the county or state pursuant to statute, unless the check indicates a date or number of days after which the check becomes void and the check has not been cashed by that date or number of days. Determine if the court retains documentation of outstanding checks reported and remitted to the Department of Revenue or County Treasurer as unclaimed finds and review the report for the prior year. Bonds Procedure 1.Determine if the court reviews monthly pending and outstanding bonds posted more than 90 days.Sample 5 bonds posted more than 90 days to verify the court took action on the bonds, i.e. reviewed by judge and ordered to hold bond, refund bond, forfeit bond, etc. Reporting Procedure 1. Select one month's remittance report and determine if the report and monies are remitted to the local treasurer (city,county or state as applicable)and that the court received documentation acknowledging the submission of the report. Revised 6-13-2013 Page 9 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Raymond Rees Facilities/Environmental Supervisor 480-816-5180 /rrees@fh.az.gov Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):Consideration of Contract No.2015-126 between the Town of Fountain Hills and Professional Pipe Services for the amount "Not to Exceed" $50,000 for storm drain structure cleaning and televising. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Town conducts periodic inspections of our storm drain system which consists of 407 catch basins and over 73,000 linear feet of storm drains and culverts.Staff checks for proper drainage and overall condition of the system.Staff also receives notifications from residents and property management companies when they see issues regarding Town-owned storm drain infrastructure.Since the Town does not have the equipment capable of cleaning and televising the storm drain system we need to contract with a company that can provide those types of services.Professional Pipe Services,which has a cooperative purchasing contract with the Cityof Cottonwood,will be contracted to clean storm drain pipes and basins that have become full of debris and silt.They will also use video cameras to film the condition of the pipes so staff can assess the need for repairs. Previous budgets only included $10,000 for storm drain cleaning and inspection.Due to the age and condition ofthe storm drain system the budget was increased to $50,000 for FY2014-15.Staff recommends keeping this amount in future budgets as well. Risk Analysis (options or alternatives with implications):The Town's drain pipes, catch basins and other related storm drain infrastructure are becoming filled with silt and debris.Gone unaddressed they become clogged and will not convey storm water properly. This can cause localized flooding in areas which includes nearby residential homes and businesses during major rain events. Fiscal Impact (initial and ongoing costs;budget status):$50,000 Budget Reference (page number):263,Professional Services Funding Source:Hurf Fund If Multiple Funds utilized,list here: Page 1 of 2 Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Staff recommends approval of Contract No.2015-126 between the Town of Fountain Hills and Professional Pipe Services. List Attachment(s):Cooperative Purchasing Agreement SUGGESTED MOTION (for council use):Move to Approve Contract No.2015-126 between the Town of Fountain Hills and Professional Pipe Services forthe amount "Not to Exceed"$50,000 forstorm drainstructure cleaning and televising. PreTdby:$uf not/d Rees,Facilities/Environmeental Supervisor 8/25/2014 P^fjl Mooti^eveltfpmefit Services Director 8/25/2014 Approved: Ken Buchanan,Town Manager 8/26/2014 .preyed:—>^ n Buchanan,Town Manager Page 2 of2 Contract No.2015-126 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HOFFMAN SOUTHWEST CORP., d/b/a PROFESSIONAL PIPE SERVICES THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement")is entered into as of September 4, 2014, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Hoffman Southwest Corp., a California corporation,d/b/a Professional Pipe Services (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Cottonwood, Arizona ("Cottonwood")entered into a Contract for Services dated September 3,2013 (the "Cottonwood Contract"), for the Contractor to provide sanitary sewer and separate storm sewer cleaning and television services. A copy of the Cottonwood 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 3-3-27 of the Town Code, to make purchases under the Cottonwood Contract, at its discretion and with the agreement of the awarded Contractor, and the Cottonwood Contract permits its cooperative use by other public entities,including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i)acknowledging their cooperative contractual relationship under the Cottonwood Contract and this Agreement, (ii)establishing the terms and conditions by which the Contractor may provide the Town with storm sewer system cleaning and televising services, as more particularly set forth in Section 2 below on an "as-required"basis (the "Services")and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to 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 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 September 3,2015 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the Cottonwood Contract.After the expiration of the Initial Term,this Agreement may be renewed for one successive one-year term (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 the subsequent year,(ii) the term of the Cottonwood Contract has not expired,(iii) at least 30 days prior to the end of the then-current 2221216.1 term of the Agreement, the Contractor requests, in writing, to extend the Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Cottonwood Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason.The Contractor's failure to seek a renewal of this Agreement shall cause 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 Contractor,elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the "Term."Upon renewal,the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services under the terms and conditions of the Cottonwood Contract.The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved.For purchase(s)determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Services to the Town in such quantities and configurations as may be agreed upon between the parties, in the form of a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the Cottonwood Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the Cottonwood Contract will be subject to rejection. 2.1 Inspection: Acceptance. All Services are subject to final inspection and acceptance by the Town. Upon discovery of non-conforming 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 the Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation.The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor,but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order.The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, or for anything not expressly permitted pursuant to this Agreement. 3.Compensation.The Town shall pay Contractor for the Initial Term and the RenewalTerm,if any, an annual aggregate amount not to exceed $50,000.00 for the Servicesat the unit rates set forth in the Cottonwood Contract. The maximum aggregate amount for this Agreement shall not exceed $100,000.00. 4. Payments. The Town shallpay the Contractormonthly,based upon acceptance of the Services performedand completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Cottonwood Contract and (ii)document and itemize all work completed to date. The invoice statement shall include a 2221216.1 record of time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Cottonwood Contract will be subject to rejection and may be returned. 5.Records and Audit Rights.To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below,Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"),shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) 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 Agreement and (ii) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended,the Town shall have access to said Records, even if located at its subcontractors'facilities,from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractorpursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits.Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verifv 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 underAriz. Rev.Stat.§23-214(A).Contractor's or its subcontractors'failure to comply withsuch warranty shall be deemed a material breachof this Agreement and may result in the termination of this Agreement by the Town. 7.Conflict of Interest. This Agreement may be canceled by the Town pursuant to Ariz.Rev.Stat.§38-511. 8. 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. 9.Agreement Subject to Appropriation.The Town is obligated only to pay its obligations set forth in the Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year.The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. 2221216.1 Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which the Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 10.Conflicting Terms.In the event of any inconsistency,conflict or ambiguity among the terms of this Agreement,any Town-approved work orders, the Cottonwood 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 Cottonwood Contract (collectively, the "Unauthorized Conditions"), other than the Town's project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Cottonwood Contract shall not alter such terms and conditions or relieve Contractor from,nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 11.Rights and Privileges. To the extent provided under the Cottonwood Contract, the Town shall be afforded all of the rights and privileges afforded to Cottonwood and shall be the "Owner" (as defined in the Cottonwood Contract) for the purposes of the portions of the Cottonwood Contract that are incorporated herein by reference. 12.Indemnification:Insurance.In addition to and in no way limiting the provisions set forth in Section 11 above,the Town shall be afforded all of the insurance coverage and indemnifications afforded to Cottonwood to the extent provided under the Cottonwood Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town underthis Agreementincluding,but not limitedto, the Contractor's obligationto provide the indemnificationand insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member,officer,employee or agent thereof (the Town and any suchperson being herein called an "Indemnified Party"),for, from and againstany and all losses,claims,damages,liabilities,costs and expenses(including,but not limitedto,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"), insofaras 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 Agreement. 2221216.1 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 ) On , 2014, before me personallyappeared Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactoryevidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUEON FOLLOWINGPAGE] 2221216.1 "Contractor" HOFFMAN SOUTHWEST CORP., a California corporation,d/b/a PROFESSIONAL PIPE SERVICES Bv:.>5bK\WlM, Name:y / Title:Bm5\n^s p&vfcughfr-r-r; (ACKNOWLEDGMENT) STATE OF t/T2.) /y )ss#COUNTY OF fl\Jlj,\rbp*<L- On oCl tTU 0\U Sr 2014,before me personally appeared rfftott,M>ton/»?-theft^ccj^/ya^of HOFFMAN SOUTHWEST CORP.,a California corporation,d/b/a PROFESSIONAL PIPE SERVICES,whose identity was proven to me on the basis of satisfactory evidence tobe the person who he/she claims to be,and acknowledged thathe/she signed the above document onbehalfofthe corporation. OFFICIAL SEAL KATHLEEN HANSON NotoyiUfc'StttfMBMi MARCO*COJfiY MyCotM.ExpiMMav19.29t5 2221216.1 6 w Public (Affix notary seal here) ^Heiuy^y 2221216.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HOFFMAN SOUTHWEST CORP., d/b/a PROFESSIONAL PIPE SERVICES [Cottonwood Contract] See following pages. THIS AGREEMENT,made and entered into this day of _—.-\*°—by^?d }£™mftheCityofCottonwood,a municipal corporation organized and existing under and by virtue of the laws of the State at Arizona,hereinafter designated the OWNER,and Professional Pine Services organized and easting under and by virtue of the laws ofthe State of Arizona,hereinafter designated the CONTRACTOR. WITNESSETH'That the said CONmACTOR,for and in consideration of the sum to be paid him by the said OWNER, in the manner and at the time hereinafter provided,and of the other covenants and agreements herein contained,and under the penalties expressed in the Contract Documents provided,hereby agrees,themselves,then-heirs,executors, administrators,successors,and assigns as follows: ARTICLE I -RECITALS A OWNER desires to ohtain full,complete,and high quality technical services for Sanitary Sewer and Separate Storm Sewer Cleaning and Televising for the City of Cottonwood Utility Department's Wastewater Division wastewater and storm water collection systems;and, B.OWNER set forth the terms of the scope of required technical services in Request for Proposals Sanitary Sewer and Separate Storm Sewer cleaning and televising;and C.CONTRACTOR represents that it is qualified and folly licensed to perform all work agreed to in mis Agreement;and, D.CONTRACTOR in its offer proposed the terms by which itwill provide such maintenance services. ARTICLE O -SCOPE OF WORK The CONTRACTOR shall furnish the services and deliverables as specified in Ihe Specifications/Scope of Work attached hereto as Exhibit Aand made a part of this Agreement,to the City of Cottonwood Utility Department, Wastewater Division,1480 WMingus Avenue,Cottonwood,AZ 86326. ARTICLE HI -CONTRACT TERM A.The Contract is for a one (1)year period with me option of renewal for two (2)additional one (1)year periods subject to the availability of funds for the period beyond the current fiscal year and at the sole discretion of theCityCouncil. B If the OWNER exercises its option to renew the agreement for an additional term,CONTACTOR'S compensation may be increased by up to three percent (3%)for the new term if CONTRACTOR demonstrates to the OWNER'S satisfection that its costs of providing the services contemplated under mis Invitation for Bids have increased by mat amount.In no case,however,shall any increase awarded exceed threepercent(3%). C.Following execution of this Contract by the OWNER,CONTRACTOR shall commence work in the time frame requested by the OWNER as applicable to the one year contract term. »Throughout its term,this Agreement may be cancelled by either party at the end of thirty (30)days after the receipt of written notice by the other party (written notice shall mean upon the receipt and sigmng of return mail)There shall be no penalty to the canceling party for such early termination nor shall the other party be entitled to any damages due to the early cancellation.In the event mat the OWNER gives notice of cancellation,it shall only be responsible for paying any outstanding charges for work completed,m accordance wife this Agreement,no later than 5:00 pm,on the day following receipt of notice of cancellation. 11 E.Cooperative Use of Contract.In addition to the City ofCottonwood,and with approval ofthe contracted Contractor,this Contract may be extended for use by other municipalities,school districts and government agencies of the State.A current listing of eligible entities may be found at ww.marirepa.gov/materials and then click on 'Contracts','S.A.V.E.'listing and *ICPA\Any such usage by other entities must be in accordance with the ordinance,charter and/or procurement rules and regulations ofthe respective political entity. ARTICLE IV -CONTRACT ADMINISTRATOR A.To provide the professional services required by this Contract,CONTRACTOR shall act under the authority and approval of Debbie Breitkreutz.Wastewater Superintendent or designee,(the Contract Administrator),who shall oversee the execution of this Contract,assist the CONTRACTOR with any necessary information,audit billings,and approve payments.The CONTRACTOR shall channel reports and specialrequeststhroughthe Contract Administrator. B.The OWNER reserves the right to review and approve any/all changes to CONTRACTOR'S key staff assigned to the OWNER'S project bythe firm during the term of this Contract. ARTICLE V -ACCEPTANCE AND DOCUMENTATION Each project shall be reviewed and approved by the OWNER to determine acceptable completion.All documents,including but not limited to,data compilations,studies,packing slips /bills of lading and reports which are prepared in the performance of this Contract,shall be and remain the property of the OWNER and shall be delivered to the OWNER before final payment is made to CONTRACTOR. ARTICLE VI -INDEMNIFICATION AND INSURANCE A.CONTRACTOR assumes and agrees to hold harmless,indemnify and defend OWNER,its officers,agents and representatives from and against all losses,claims,demands,payments,suits,actions for recovery, judgments and all liability of every kind,nature,and description for injury to persons including wrongful death,or damage to property or both occurring during or in consequence of the performance by CONTRACTOR where such injury or damage is due to any defect in services delivered hereunder,orto the action or negligence of CONTRACTOR,its employees,subcontractors,or agents.OWNER assumes no liability,obligation,or responsibility of any nature,whatsoever,in connection with this Contract except for payment of price or consideration as stated or referred to herein or allowed by law. CONTRACTOR'S obligation under this section shall not extend to any liability caused by the sole negligence of OWNER orits employees. B.CONTRACTOR shall provide and maintain,and cause its subcontractors to provide and maintain,the following minimum insurance coverage in accordance with the insurance criteria included in the solicitation package: B.l.Comprehensive general liability insurance with a minimum combined single limit of one million dollars ($1,000,000)each occurrence.The policy shall include coverage for bodily and personal injury,broad form property damage,blanket contractual,CONTRACTOR'S protective,and products and completed operations. B.2.Comprehensive automobile liability insurance with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000)each occurrence with respect to CONTRACTOR'S vehicles (whether owned,hired,non-owned),assigned to or utilized in the performance ofa Contract. B.3.Products/Completed Operations insurance with a minimum single limit ofnot less than one million dollars($1,000,000)per occurrence. 12 B.4.Worker's Compensation (statutory limits). C.Additional insurance coverage may be required at OWNER'S discretion where the services to be performed are deemed to be hazardous in nature. D.The policies required by section B.1.and B.2.shall name OWNER,and its respective agents,officials,and employees as additional insured and waive subrogation against the City.The policy shah specify mat the insurance afforded CONTRACTOR shall be primary insurance and that any insurance coverage carried by OWNER or its employees shall be excess coverage and not contributory insurance to that provided by CONTRACTOR.Said policy shall contain a severability of interests provision.Proof of insurance is required at the time of execution of the Contract Neither the CONTRACTOR nor any subcontractor shall commence work under a Contract until the OWNER hasapproved the insurance. E.Failure on the part ofCONTRACTOR to procure and maintain the required liability insurance and provide proof thereof to OWNER within thirty (30)days following the commencement of a new policy period, shall constitute a material breach ofa Contract upon which OWNER may immediately terminate the Contract.Prior to the effective date ofthe Contract,CONTRACTOR shall furnish OWNER with copies of the State of Arizona Certificate of Insurance (RM-7200.1),drawn in conformity with me above insurance requirements.OWNER reserves the right to request and receive certified copies of any or all of the abovepolicies and/or endorsements. ARTICLE VH -CANCELLATION OF AGREEMENT Pursuant to A.R.S.Section 38-511,the provisions of which are mcorporated herein by reference,all parties are hereby put on notice that this Contract is subject to cancellation if any person significantly involved in initiating, negotiating,securing,drafting,or creating the Contract on behalf of one of the parties at any time while the Contract or any extension of the Contract is in effect,an employee or agent of any other party to the Contract in any capacity,or a Consultant to any other party of the Contract with respect to the subject matter of the Contract ARTICLE VHI -NON-DISCRIMINATION CONTRACTOR shall comply with Title VH of the Civil Rights Act of 1964,as amended,the Age Discrimination in Employment Act of 1975,and Federal Executive Order No.11246,State Executive Order No.94-4,and A^S. Section 41-1461 et.Seq.,which mandates that all persons,regardless of race,color,religion,sex,age,national origin,or political affiliation,shall have access to employment opportunities. CONTRACTOR shall comply with Section 503 of the Rehabilitation Act of 1973,as amended,which prohibits discrimination in the employment or advancement in employment of qualified persons because of physical or mental handicap. CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964,as amended,which prohibits the denial of benefits or participation in contract services on the basis of race,color,or national origin. CONTRACTOR shall comply with the requirements of Section 504 of the Rehabilitation Act of 1973,as amended, and with the Americans with Disabilities Act of1990,which prohibits discrimination on the basis ofhandicap m deliveringcontract services. ARTICLE IX -NOTICE Any notice given in connection with this Contract shall be given in writing and shall be delivered either by hand to the party or by certified mail,return receipt requested,to the party at the party's address stated below.Any party may change its address stated herein by giving notice of the change in accordance with this paragraph. 13 Contractor.Professional Pine Services City of Cottonwood c/o KenBuqes c/o Debbie Breitkreutz 4940 WWatkins Street 1480 W Mineus Avenue Phoenix.AZ 85043 Cottonwood.AZ 86326 ARTICLE X-CHOICE OF LAW AND VENUE Any dispute under this Contract or related to this Contract shall be decided in accordance with the laws of the State of Arizona and tiled with the Arizona Superior Court ofYavapai County. ARTICLE XI -OBUGATTONS/CERTTFICATTONS Legal Worker Requirements:As mandated by Arizona Revised Statutes §41-4401,the City is prohibited from awarding a contract to any contractor who fails,or whose subcontractors fail,to comply with Arizona Revised Statutes §23-214-A,which requires that employers verify the employment eligibility oftheir employees through the Federal E-veriry system.An "employer"is an independent contractor,a self-employed person,the State ofArizona or any ofits political subdivisions,or any individual or type of organization that transacts business in the State of Arizona,that has a license issued by an agency in the State and that employs one or more employees in the State (See A.R.S.§23-211-4).Therefore,in signing or performing any contract for the City of Cottonwood, CONTRACTOR fully understands and agrees that: A.Both it and any subcontractors it may use shall comply with all Federal immigration laws and regulations that relate to their employees and with A.R.S.§23-214-A; B.Any breach of that warranty is material and is subject to penalties up to and including immediate termination of the Contract;and C.OWNER or its designee is authorized by law to randomly inspect the employment records relating to an employee of CONTRACTOR or any of its subcontractors who works on the Contract to ensure compliance withthe warranty madein Paragraph A above. In accordance with A.R.S.§35-393.06,CONTRACTOR hereby certifies that CONTRACTOR does not have scrutinizedbusiness operationsin Iran. In accordance with A.R.S.§35-391.06,CONTRACTOR hereby certifies that CONTRACTOR does not have scrutinizedbusiness operationsin Sudan. ARTICLE XD -SEVERABILITY If any pan of this Contract shall be held unenforceable,the restof the Contract will nevertheless remain in full force and effect ARTICLE XHI -PAYMENT CONTRACTOR agrees that this Contract,as awarded,is for the stated work,and understands that payment for the totalwork will be madeon the basis of the indicated amount(s),as bid in the Bid Section.TheBid Section is attached hereto as Exhibit B.Payment for services shall be made by OWNER within thirty (30)days after receipt of a correct invoice. 14 ARTICLE XIX -ASSIGNMENT OWNER and CONTRACTOR respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party in respect to covenants,agreements and obligations contained in this Agreement Neither party to the Agreement shall assign the Agreement as a whole without written consent ofthe other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligationsunder theAgreement 9-3-/3 Signature Date Attest Kc/)PiMX% Printed Name Title Steve Horton,City Attorney 15 EXHIBIT A SPECIFICATIONS/SCOPE OF WORK SCOPE OF WORK For purposes of this bid,all quantities are approximate and are supplied to assist the Bidder. The City of Cottonwood sanitary sewer collection system contains approximately fifty (50)miles of vitreous clay, PVC and/or ductile sewer mainhne,ranging from six (6)inches to twelve (12)inches in diameter.The separate storm sewer system consists of approximately 2,500 feet of corrugated metal pipe (CMP)ranging in size from twelve (12)inches to forty-eight (48)inches in diameter.Televising requirement shall include all labor and equipment to closed circuit inspect and video/digitally record the sanitary sewer main lines.The Contractor shall furnish a computer-generated log of the line segments inspected along with two (2)DVD's of the completed project Video inspection shall be performed during normal working hours with flow intact,unless otherwise directed by the Owner. Cleaning requirements include furnishing all labor and equipment to remove the accumulated sediment and debris and to clean the sanitary sewer main lines,stonnwater culverts,catch basins,manholes,lift stations and treatment plant.Cleaning includes the removal of sediment,debris,grease,scale,encrustations,loose concrete,and roots. The City will provide a suitable disposal site for liquid and solids removed from the sanitary sewer mains, stonnwater culverts,liftstationsand treatment plant SPECIFICATIONS 1.The same Contractor shall perform sanitary sewer and separate storm sewer cleaning and televising. Subcontractorsarenot permitted. 2.The Contractor shall have sufficient personnel and equipment to provide services required by the City and shall have a history of providing satisfactory service to their customers. 3. A "team"shall consist of either a vactor ora camera truck and two (2)people. 4.The Contractor shall at all times conduct its work so as to prevent any blockage and minimize surcharging in the sewer manholes and connection sewer pipelines.Damage to existing facilities as a result of the Contractor's negligence shall be promptly repaired atthe Contractor's expense. 5 No chemicals shall be used without written approval of the City.In no case shall any chemical additive be used which might be considered hazardous or might be considered detrimental to organisms or equipment ofthe wastewater treatment plantor collection system. 6.The Contractor shall be available for both scheduled and on-call projects.The Contractor must be able to respond on site within three (3)hours of being notified by the City for call out and emergency services. 7 Video inspection shall be accomplished by utilizing aremotely controlled self-propelled color camera.The camera will have a rotating lens capable of360~degree rotation with focusing capability of three (3)feet to infinity.The camera must be equipped with an iris that has both auto and manual focus capabilities.The camera system must have on-screen text as well as on-screen footage indicator and voice overlay. 8 Video inspection will be accomplished from the upstream manhole toward the downstream manhole.In the event the camera cannot transverse the line segment with the flow,the Contractor,at the direction of the City,will video from the downstream manhole against the flow to an overlapping point. 9.The City shall be the determining party as to the acceptability of the video inspection equipment and DVD format proposed by the Contractor.All judgments of the City shall be final. 16 10.Cleaning will be accomplished by means of a high-pressure combination jetting and vactor truck capable of pressures of 2,200 psi at a rate of eighty (80)gallons per minute.The combination truck must have a minimum ofa fifteen (15)cubic yard debris container and have a telescoping ten-foot boom that rotates 180 degrees.The jetting function of the truck must have the capability of carrying a minimum of 700 feet ofjetting hose with multiple jetting heads,and 1,500 gallons of water. 11.Cleaning shall remove all sediment,debris,roots,scale,encrustations,lose concrete,and grease accumulations from the sewer main and separate storm sewer lines. 12.The City shall be the determining party as to the acceptability ofthe cleaning equipment proposed by the Contractor.Alljudgments of the Cityshallbe final. TRAVEL COMPENSATION 1.Travel compensation shall be paid for one-way travel with a maximum oftwo and one half (2.5)hoxirs on anyjobs lessthansixteen(16)hoursin durations. 2.Job durations of(16)hours or more shall not be eligible for travel compensation. SAFETY 1.While in the field on this project,the Contractor/technical service provider and its employees will follow all of the applicable safety procedures to protect themselves,the City staff and general public.Two-Man TeamswillbeusedatalltimesforSafety and Quality-Assurance. 2.Any lines located in a "confined space"such as pit,manhole,wet well and vault installations that require entry will be treated in accordance with the safety rules regarding Confined Space Entry,designated by the City,the Department of Labor and OSHA.Project personnel will be trained (certified where applicable)in Confined SpaceEntryandSelf Rescue. PERMITS.FEES AND LICENSES The successful Bidder shall secure and pay for all applicable Federal,State,County,or local permits and licenses, including a City of Cottonwood Business Registration,and comply with all applicable Federal,State,County,or local laws,codes,ordinances,regulations,and safety standards. 17 -. J EXHIBITS BIB SECTION .flfcctadingaUiirfonre&J^ Bidder Information: CotfactNamKjLgjfl B.M^S —- Pk**«c*A%#So4?, y*~~fcot-$£1-3944 Fax;*W •*H *ft*? LccalAddresa;434-0 uL U*.4k<U5 ,S£-t —— 2.aiwpttoiistoira(§4^.4&c«ption8toIEB):1&: — 3.E&ctoBUW ofDebanwaa Information (§4.5.5 Dfeotosare);**££ 4.PttCBK - A.Saiu^seweraffll separates!^$^ B.senteysewacta^chaiittriev^^ 5.Rrfyywitfca (rant ha provided) Provide names,adda^awl t^^ or services. a.Fntttr r*"^r »*•£***%*«& iff*--,.ftfM *»-**•»***'—Phftf>»V A*-#»ft|fc rnntecfc VfetrAJBA U^^rylS*— Phonar fry-gfcg.*fg&£_— Goods or services supplied and when provided:—C.tflft'wVft *CCT 18 H B-Bmtov:PimtK Cc*>«&y U)c»u>je <d«y;ksr Address:%*t tf<fofoAg Ayf.*7Sg***;>tg.SS761 Contact ®^fc Mac hen Pflone:g20-443-&&3% Goods or services supplied and when provided:C\ea*I CC^\/ ZOOf *a turn*J. C-Entity:Cffi ,f*f Ujt tegi/ Address:253 Al.4*uitk»£>»».JaI Upj^J W &t/0&> Contact 7iWt Pa+1c*. Phone:7b&»t2«T-&27fe Goods orservices supplied and when provided:P><\nar0ir-\t>CoTlf %mt>j»Gvt*\+ 6. Receipt of Addenda: Bidder acknowledges receipt ofthe following Solicitation Addendum®: Addendum No.Date 7.OtfcerlnfonrtatioD Requested: i 1 8.Intent tobe Bound by Bid: (Signature ofIndividua^wuthorized to Sign Bid) Mark Metcalfe (Printed Nameof Individual Authorized toSignBid) 19 STATEMENT OF QUALIFICATIONS PIPELINE INSPECTION, CLEANING &REHABILITATION CONTENTS About Us Services Provided Key Staff Panoramo GIS CCTV &Profiling Rehabilitation -UV Rehabilitation - Cipp Cleaning Pg 1 Pg2 Pg3 Pg4 Pg 5 Pg6 Pg7 Pg 8 Pg9 Hoffman Southwest Corp.dba Professional Pipe Services (800) 784-7473 www.pro-pipe.com CORPORATE OFFICE I 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com Hoffman Southwest Corp. dba Professional Pipe Services (800) 784-7473 www.pro-pipe.com ABOUT US OVERVIEW Hoffman Southwest Corp., a California Corporation headquartered in Mission Viejo,California was established in 1946 and incorporated in 1972.Hoffman Southwest owns the largest Roto Rooter franchise in the country, operating 23 offices in seven states and employing over 600 employees. Hoffman Southwest began the operation of Professional Pipe Services (Pro-Pipe)in 1992 as a "dba" of Hoffman Southwest Corp.Pro-Pipe's offices are located in Walnut,California;Las Vegas, Nevada; Phoenix, Arizona;Tucson, Arizona; and Salt Lake City,Utah. Pro- Pipe also has the advantage of being able to operate from any of the company owned RotoRooter officeslocated in cities throughout the Western United States. Pro-Pipe has provided video inspection, cleaning and rehabilitation of pipelines in a variety of sizes for over 20- years throughout the Western United States. Today, Pro-Pipe is the largest CCTV inspection company concentrated in the Western United States and operates the most advanced systems available, including IBAK's high-definition digital scanning system, Laser/Sonar profilers and an advanced ultraviolet light cure resin technology for pipeline rehabilitation. Pro-Pipe is a service provider focused on the long-term commitment to quality of services to facility owners, contracting with Federal,State,Local agencies,Engineers and General Contractors. COMPANY HIGHLIGHTS S Largest CCTV fleet in the West USA S Most advanced CCTV fleet in the West USA S Most experienced NASSCO PACP/MACP CCTV operators inthe industry /Well capitalized - able to acquisition fleet volumes of equipment at a moment's notice s Extensive in-house training program, cross training for all elements of pipeline service /Executive managers are highlyrecognized industry leaders S In-house CCTV & Vehicle maintenance support at all branches S Strong bonding power COMMITMENT TO TECHNOLOGY Pro-Pipebuilt itssuccesson being the first to acquire newtechnologyand bringthe advantages of technological achievements to facility owners with a strong,ethical service-provider mentality (Pro-Pipe is not your typical contractor).Pro-Pipe's reputation and customer-based partnerships grew quickly as Pro-Pipe offered innovative solutions to both complex and common problems. A NOTE FROM OUR BONDING COMPANY "As surety for Hoffman Southwest Corp.DBA:Professional Pipe Services (Pro-Pipe)I am pleased to recommend this organizationand the exceptional abilities itbringsto the construction marketplace." Margie Wager, Attorney-in-Fact Travelers Bond, San Diego CA CORPORATE OFFICE |23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com Hoffman Southwest Corp.dba Professional Pipe Services (800)784-7473 www.pro-pipe.com SERVICES PROVIDED Pro-Pipe builtitssuccess on being the first to acquirenewtechnology and bringthe advantages of technological achievements to facility owners with a strong,ethical service-provider mentality (Pro-Pipe is not your typical contractor). Pro-Pipe's reputation and customer-based partnerships grew quickly as Pro-Pipe offered innovative solutions to both complex and common problems. PIPELINE INSPECTION /CONDITION ASSESSMENT A)High Definition 360 (Panoramo) B)GIS Inspection Integration C)Traditional CCTV 4"to 108"DIA D)Lateral Launching CCTV | Cross Bore Examination E)Laser Profiling F)Sonar Profiling PIPELINE REHABILITATION A)Ultra-Violet LightCure Spot Repairs (Cosmic) B)Ultra-Violet LightCure Lateral Seals (Cosmic) C)Mainline Cipp (City-Liner ]Styrene Free) D)Lateral Cipp (Maxliner) E)Magnesium Hydroxide Crown Spray PIPELINE CLEANING &HYDRO EXCAVATION A)Pipeline / Siphon Cleaning 6" to 108" (Hydrovac &Mechanical) B)Hydro-Excavating (Hydrovac&GapVax) C) Wet Well/Lift Station & Digester Cleaning CORPORATE OFFICE I 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com KEY STAFF Hoffman Southwest Corp. dba Professional Pipe Services (800)784-7473 www.pro-pipe.com MARK METCALFE |VP OF OPERATIONS Mark Metcalfe started his career with Hoffman Southwest Corp. in 1974 as Branch Manager for Roto-Rooter Service &Plumbing Company,in Tucson Arizona.Mark is experienced in every aspect of the plumbing and pipeline industry.In 1992,Mark founded Professional Pipe Services (Pro-Pipe).In 2004,Mark led Pro-Pipe and 13 Roto-Rooter Branches to $50 million in sales,including $9 million in municipal pipe cleaning and CCTV pipeline inspection.Mark is currently licensed in California,Nevada,Idaho,New Mexico,Washington,Oregon and Arizona asa contractor,holds a B.S.Degree in Business and today,is second in command of Hoffman Southwest Corp. DEAN MONK |DIVISION MANAGER Dean Monk is one of the founders and innovators of Professional Pipe Services (Pro-Pipe),owned by Hoffman Southwest Corp.Dean began operation of Pro-Pipe in 1992 in Arizona.The Pro-Pipe Division of Hoffman Southwest is now doing business in Arizona,California,Oregon,Utah,Nevada and New Mexico,with total annual revenue of $15 million.Dean has extensive experience in managing small to large size pipe cleaning and video inspection of sewer lines,storm drains,dry wells,irrigation lines,and catch basins.He has a wide knowledge of watertreatment plants,cityjob site requirements,and safety/training. STEVE POWERS |BRANCH MANAGER Steve Powers started working with Hoffman Southwest Corp.in 1993,managing large plumbing projects and service contracts.Steve became manager of Professional Pipe Services (Pro-Pipe),California,owned by Hoffman Southwest Corp.,in 2006,and currently oversees many County and City contracts,as well asthe Branch's day to day operations.Pro-Pipe currently generates total annual revenues of about $15 million.Steve has extensive experience in managing small to large size pipe cleaning and inspecting of sewer lines,storm drains,dry wells, irrigation lines,and catch basins,using CCTV,sonar,and laser technologies.He has a wide knowledge of potable water,sewer,storm drain systems,treatment plants,job site requirements,and safety/training. RANDY ROTHENBUEHLER |CORPORATE SAFETY MANAGER Randy Rothenbuehler,Corporate Safety Manager,has been involved in multiple capacities of the Safety Program since 1994.Responsibilities include developing and updating safety policies and programs to comply with State, Federal and OSHA requirements.He also has shared responsibilities for incident and accident claims,risk management,certified competent personnel training,developing job safety analysis,driver training and fleet management programs,OSHA 10-Hour and 40-Hour Federal and Cal/OSHA construction training,and creating and developing safety programs required for Pro-Pipe to establish a safe working environment for our employees, the public,and all entities where we perform work.Randy's certifications include:AA degree Occupational Safety and Health Technology,OSHA 500 Trainer,Confined Space Trainer Cal/OSHA and Federal,OSHA 2225 Respiratory Protection,ATSSA -Traffic Control Supervisor,40-Hour HazWOPer &severalmore. CORPORATE OFFICE I 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com Hoffman Southwest Corp.dba Professional Pipe Services (800)784-7473 www.pro-pipe.com PANORAMO PANORAMO MAINLINE Pro-Pipe has scanned hundreds of miles of both small and large diameter pipeline infrastructure for municipalities across the West United States which has made a substantial difference in cost and time for completion of condition assessment projects and has allowed infrastructure owners to make better decisions in less time (No More Monotonous Videos). The IBAK Panoramo 3D Optoscanner increases the efficiency of CCTV Pipeline Inspection by incorporating the use of two high-resolution digital cameras in the front and rear sections of the housing,with 185°wide-angle lenses,with parallel-mounted xenon flashlights capable of 360°spherical images, enabling the analysis independent of the field inspection. The Panoramo system captures 100% of the entire pipeline interior (360)in less time than conventional video recordation with 6X the digital clarity (high definition)and is delivered with a virtual 3Dreader that enables the reviewer or customer to see, ingreater detail,100%of the pipe interior from anyangle (you can pan/tilt anywhere, anytime).The flat-view component of the reader enables the pipe interior to be reviewed in a plan-view layout with the ability to perform accurate measurements. The review,coding, and assessment are performed independently of the inspection.Additionally,the data can be incorporated with GIS,enabling the results to be instantaneously available in a geographic-friendly mode.This system has a record of substantially improving internal operating efficiency by which the assessment performed and utilized.Engineering staff can immediately begin to assess the conditionand develop maintenance and rehabilitation programs with better quality.Pro-Pipe utilizes Pipelogix Software (flexi-data)for all coding, reporting and 360-viewers. PANORAMO MANHOLE INSPECTION 360 - High Definition Manhole Inspection; Excellent for design-accurate manhole invert measuring with 3-D virtual video of the entire manhole captured in HD in 15-seconds and delivered via GIS integrated data files.The IBAK Panoramo SI enables Pro-Pipe to perform complete optical condition assessment of manholes with high efficiency. Pro-Pipe uses MACP Certified personnel for all manhole inspections.The Si has the ability to scan a manhole within a 20-second m period,capturing 100%of the entire manhole cavity for review in a virtual 3D reader, whichcan be utilized in flat-view for measuring inverts,defects, etc. and can be exported as a point cloud to Autocad. CORPORATE OFFICE I 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com Hoffman Southwest Corp.dba Professional Pipe Services 784-7473 www.pro-pipe.com GIS Have millions of feet of video to review?Have thousands of reports,observations and critical assets to prioritize for rehabilitation? Pro-Pipe can integrate both high-definition scans and conventional CCTV recorded observations directly to your GIS program enabling you to select which observation layer to geographically view and query quantities for instant decision making. Pro-Pipe routinely integrates the accurate locations of connections, observations, defects and pipe ratings into a GIS database during inspection and can deliverviashape filesor geo-databases.The data can include pipe slopes, invert elevations and anyother specified information to eliminatethousands of hoursspent sorting,reviewing and prioritizing critical pipeline data. CORPORATE OFFICE 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com Hoffman Southwest Corp.dba Professional Pipe Services (800) 784-7473 www.pro-pipe.com CCTV I Sonar Laser CCTV Pipeline Inspection is one of the most versatile services that Pro-Pipe offers.CCTV technology and equipment includes computer generated schematic of pipeline,still photo reports of pipeline interior using advanced equipmentand technology,remote transporter,6"to 108"diameter capability,rotating lens capable of 179 x 360 degrees,IBAK Panoramo 3D Optoscanner (also see IBAK Panoramo subtitle),WinCan;Flexidata;and Granite XP reporting software and module used with CCTV pipeline inspection,and formats information into searchable database.Pro-Pipe provides professional service,using NASSCO certified operators (and MACP certified operators for manhole inspection).Visual documentation captured in full-color digital format.All equipment is MPEG,JPEG &DVD compatible. CCTV LATERAL LAUNCH Pro-Pipe operates a fleet of CCTV Lateral Launch systems allowing for both a mainline inspection and a lateral inspection by the launch of a camera from the robotic transporter up a lateral,extending up to 100ft.The lateral launcher has been instrumental for inspecting sewer service lateralswhere directional drilling isscheduled to install crossing utility lines and where past drilled utilities (gas /telecommunication)may have penetrated the lateral.Pro-Pipe is currently engaged for providing such lateral inspections for Sempra Utilities,Pacific Gas &Electric and Southwest Gas Corporation.The launching camera has a transmitter which can be tracked on the surface via a sonde enabling the location and depth of a lateral line to be marked on the surface. LASER INSPECTION Pro-Pipe provides LASER inspection services using a stand-alone,snap-on tool for use with a CCTV survey system/camera to collect survey data and create pipeline reports,including fault measurements and internal pipeline features.Thedeviceattaches to existing CCTV camera,using machine vision software to analyze CCTV images.The Laser Profiler measures pipe size, laterals, water levels and other features. The Laser Profiler performs automatic analysis of pipe ovality and capacity at a rate of 30 times per second and enables the contractor,municipality,or engineer to determine internal pipeline conditions before,during,or after rehabilitation and is capable of use within 6" to 72"pipe diameters. SONAR INSPECTION Pro-Pipe offers SONAR inspection services which provides and quantifies accurate dimensional data on silt level,grease accumulation, pipe deformation,offsets,blockages,etc.below the waterline.In partially charged lines,a sonar inspection provides a two-dimensional profile of the interior pipe wall,much like a medical MRI.The system is designed for use in submerged and semi-submerged pipelines ranging from 24"to 18feet and is used with CCTV to provide simultaneous image of pipe delivering both above and below waterline data with "real-time"cross-sectional views of the pipe utilizing the high resolution/short range sonar. V '•kX,y.'^:'.-• »v>;.'.\::l:• ••«-»•<""—^. *••'•\SBSSSSfSSSifc ••::.:;-•::•-",, ^5S" 0T""" " < -->•.'-.:- .1 ™!! VI"...... CORPORATE OFFICE I 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com Hoffman Southwest Corp.dba Professional Pipe Services (800)784-7473 www.pro-pipe.com PIPELINE REHABILITATION |uvlightcure TRENCHLESS POINT REPAIR (Sectional Lining) Pro-Pipe provides advanced CIPP repair for main and lateral pipelines using the Cosmic™system, complete with Ultra-violet cured factory impregnated fiberglass resin laminates forming a complete circumferential lining within a 7-minute cure.Thesystem offers innovative technology and superior materials required to ensure high-quality and long lasting CIPP trenchless point repairs,used to rehabilitate pipes ranging in diameter from 6 to 36 inches of any material and cured in 10-minutes with a 3mm wall stronger than industry standard felt CIPP liners (an excellent solution for cracks,root intrusion,separated joints, infiltration/ exfiltration, corrosion, mis-cut lateral connections and more). •7MUVLIGHTCURE-TOP HAT The Cosmic Top Hat,m provides a seal between the main pipeline and a lateral connection [defined asan SIC per Greenbook),and is comprised of a resin impregnated,fiberglass laminate shaped to fit within a lateral service connection and wrap around the main pipeline sealing the connection.Epoxy is utilized in addition to the resin to provide an adhesive,water tight seal. A robotic device,controlled via cable from a mobile control center,transports and installs the seal. The procedure is monitored continuously via CCTV.The seal is cured in place using ultra-violet (UV)light within 7-minutes of exposure. Both equipment and material are produced by the same manufacturer (Cosmic).The fiberglass laminates are wet-out with UV-light reactive resin at the manufacturer's wet-out facility and transported in light proof bags to the site, which eliminates any field resin mixes. The seal meets all Greenbook requirements and has extensive performance history in San Diego over the last 10- years. CORPORATE OFFICE 23311 Madero,Mission Viejo,CA 92691 (800)784-7473 www.pro-pipe.com CURED IN PLACE PIPE (Cipp) &CLEANING Hoffman Southwest Corp.dba Professional Pipe Services (800) 784-7473 www.pro-pipe.com MAIN PIPELINE Cipp -The Only Economical Styrene Free Solution! The RS Cityliner®system is a technique (pipe-in-pipe relining)for the trenchless rehabilitation of municipal and industrial wastewater collection systems pipelines.A flexible liner is impregnated with the two-component epoxy resin system and placed inside of the deteriorated pipe through existing manholes or access points.Anewpipeis formed as the liner iscured within the host pipe. The impregnated liner is inverted by means of hydrostatic water column and cured by circulation of hot water,or inverted by means of air pressure and cured by controlled steam.The ratio-ing and mixing of resin and hardener and the impregnation under vacuum of the liner take place on-site using a mobile mixing and impregnation unit.The RS Cityliner©system assumes all functions ofthe host pipedependingon the design of the liner.The pipe-in-pipe solution is solely sustainable and may bear all external loads without the support of the host pipe.The hydraulic efficiency of the pipe may be marginally reduced depending on the wall thickness/diameter,very often it is not reduced but improved due to the smooth finish of the installed liner. SEWER LATERAL LINING -Maxliner The MaxLiner™system provides cost-effective rehabilitation of small diameter pipes in industrial, commercial and residential areas. The MaxLiner™System is an inversion system that allows you to repair pipes by relining them,as opposed to replacing them.Based onthe existing conditions,a custom-designed liner tube is impregnated with epoxy and can then be inverted or pulled intothe existing pipe. Resins are selected according to the job requirements and based on the inversion table. The liner materials are selected depending on the pipe condition.Standard liner tubes are used for straight pipes and more flexible tubes are used for pipes with severe bends,angles and transitions from smaller to larger diameters.Once the resins are selected,the curing process can be done at ambient temperatures or by adding heat which allows the curing process tobe shortened to just 1 hour PIPELINE CLEANING Pro-pipe owns and manages a fleet of the latest Hydro-Vac system technology available capable of operating around the clock (24h),7-days a week.Being a division of Hoffman Southwest Corp,Pro-pipe offers a 24-hour,on call,dispatch service through its Roto-Rooter network allowing adequate response time for any nature of system emergency.Pro-Pipe is capable of cleaning all diameter ranges,which are assessed upon arrival based on quantity of the debris and the condition ofthe pipe to determine the best type of equipment for thejob and exceeding customer expectations. CORPORATE OFFICE |23311 Madero,Mission Viejo,CA 92691 (800)784-7473 wvw.pro-pipe.com 2221216.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HOFFMAN SOUTHWEST CORP., d/b/a PROFESSIONAL PIPE SERVICES [Work Orders] See following pages (to be attached subsequent to execution). TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Fire Department Staff Contact Information:Randy Roberts,Fire Chief Council Goal: Strategic Values:Public Safety,Health Welfare Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Consideration of approving the purchase of 12 portable fire radios and accessories from Motorola Solutions,Inc.in the amount of $108,309.12. Applicant:Randy Roberts,Fire Chief Applicant Contact Information:480-837-8220,rroberts@fh.az.gov Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Fire Department is currently using single band VHF portable radios for communications to Rural/Metro Dispatch,and between portable radios at emergency scenes.Over the past several years,our Mutual Aid partner Fire Departments (Rio Verde Fire District,Scottsdale Fire Department and soon,Salt River Fire Department)have been migrating to an 800 mHZ band.The two main regional dispatch centers in the valley operate on 800 mHZ frequencies.This makes interoperability at emergency scenes very difficult(and dangerous)due to the the inabilityto communicate between departments.We have attempted to obtain a grant from FEMA without success to purchase new "dual band"radios that will allow us to communicate in either VHF or 800 mHZ,alleviating the problem.Unfortunately,our grant request was denied.In addition,our current portable radios are experiencing significant wear problems that are causing them to fail at a rapid rate.This purchase will allow us to have one radio for each staffed position on a shift, plus two spare radios. Risk Analysis (options or alternatives with implications):This Motorola radio is currently the only model that offers the "Dual Band"feature that will allow us to communicate with surrounding departments,as well as our own dispatch center.Current radios can be refurbished to make them more reliable, but will still not have the "dual band"feature. Fiscal Impact (initial and ongoing costs;budget status):$108,309.12 Budget Reference (page number):318 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): Page 1 of 2 Staff Recommendation(s):Approve purchase of portable radios and accessories List Attachment(s):Motorola Solutions Quote Number:QU0000288488 referencing Motorola's Arizona State Contract:ADSP013-036880 SUGGESTED MOTION (for council use):Move to approve the purchase of 12 portable fire radios and accessories from Motorola Solutions,Inc. in the amount of $108,309.12. Prepared by: jU Randy Roberts,Fire Chief Director's Approval:__* Randy Roberts,Fire Chief 8/25/2014 ^ 8/25/2014 Approved:ppreved:s—-y Ken Buchanan,Town Manager 8/26/2014 Pa«c2ol'2 ©MOTOROLA SOLUTIONS Quote Number:QU0000288488 Effective:18 AUG 2014 Effective To:17 OCT 2014 Bill-To: FOUNTAIN HILLS,TOWN OF 16705 E AVE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 United States Ultimate Destination: FOUNTAIN HILLS,TOWN OF 16426 E PALISADES BLVD FOUNTAIN HILLS,AZ 85268 United States Attention: Name:Randy Roberts Email:rroberts@ih.az.gov Phone:(480)837-9820 Sales Contact: Name:Nick Spino / Mike Sumnicht Email:nick.spino@creativecom.com Phone:(602)955-8405 Request For Quote: Contract Number: Freight terms: Payment terms: Fountain Hills Fire APX radios ARIZONA STATE FOB Destination Net 30 Due Item Quantity Nomenclature 1 12 H49TGD9PWIAN la 12 QA00579AC lb 12 Q806BP Ic 12 Q498AZ Id 12 Q629AL Ic 12 QA00569AB If 12 QA00574AC lg 12 Q887AU Ih 12 QA0I427AC li 12 H38BU U 12 Q361AS Ik 12 QA00580AD II 12 QA01648AA 2 2 M30TSS9PW1AN 2a 2 G806BE 2b 2 GA00268AA 2c 2 W22BA 2d 2 GA00244AA 2c 2 G298AS 2f 2 G843AH 2g 2 GA00318AB 2h 2 GA00308AA 2i 2 GA00579AA 2j 2 G442AJ 2k 2 G444AE 21 2 G67BK 2m 2 B18CR 2n 2 G51AT 2o 2 G335AW Description APX7000XE DIGITAL PORTABLE RADIO ADD:ENABLE DUAL BAND OPERATION ADD:ASTRO.DIGITAL CA1 OPERATION ENH:ASTRO 25 OTAR W/MULT1KEY ENH:AES ENCRYPTION ADD:7/800MHZ PRIMARY BAND ADD:VHF SECONDARY BAND ENH:4 YR SFS LITE ALT:IMPACT GREEN HOUSING ADD:SMARTZONE OPERATION ADD:P25 9600 BAUD TRUNK1NG ADD:TDMA OPERATION ADD:ADVANCED SYSTEM KEY - HARDWARE KEY APX7500 DUAL BAND MID POWER ADD:ASTRO.DIGITAL CAI OPERATION ADD:RFID LABEL ADD:PALM MICROPHONE ADD:7/800MHZ PRIMARY BAND ENH:ASTRO 25 OTAR W/MULTIKEY ADD:AES ENCRYPTION APX7500 ENH:4 YR SfS LITE ADD:VHF MP SECONDARY BAND ADD:ENABLE DUAL BAND OPERATION ADD:05 CONTROL HEAD ADD:APX CONTROL HEAD SOFTWARE ADD:REMOTE MOUNT MID POWER ADD:AUXILARY SPKR 7.5 WATT ENH:SMARTZONE OPERATION APX ADD:ANT 1/4 WAVE 762-870 MHZ List price S3.400.00 51,000.00 5515.00 5740.00 S475.00 S206.00 525.00 SI,500.00 5300.00 S400.00 S5.00 52,272.00 5515.00 515.00 572.00 5740.00 S475.00 5246.00 5400.00 S600.00 5432.00 5297.00 560.00 51,500.00 SI 4.00 >ur price %Discount Price Extended Price 52,550.00 25.00 530,600.00 S750.00 25.00 59,000.00 S386.25 25.00 54,635.00 S555.00 25.00 56,660.00 S356.25 25.00 54,275.00 5206.00 SI 8.75 51,125.00 S225.00 5300.00 53.75 51,704.00 S386.25 SI 1.25 554.00 5555.00 5356.25 S246.00 5300.00 S450.00 5324.00 S222.75 545.00 51,125.00 510.50 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 52,472.00 5225.00 513,500.00 52,700.00 53,600.00 545.00 53,408.00 S772.50 522.50 SI08.00 SI,110.00 S712.50 5492.00 S600.00 5900.00 5648.00 S445.50 590.00 52,250.00 521.00 Item Quantity Nomenclature 2p 2 G792AB 2q 2 G36IA11 2r 2 GA00580AA 2s 2 QA0I648AA 3 12 NNTN8203A 4 12 NNTN7624B 5 12 NNTN8092A 6 2 NNTN7686A 7 980 SVC03SVC0115D (Notcs)RADlO PROGRAMMING AND A Estimated Tax Amount Total Quote in USD Description List price Your price %Discount Price Extended Price ADD:VHF ANT WIDEBAND 136-174 MHZ S75.00 S56.25 25.00 SI 12.50 ADD:P25 TRUNKING SOFTWARE $300.00 $225.00 25.00 $450.00 ADD:TDMA OPERATION S400.00 $300.00 25.00 $600.00 ADD:ADVANCED SYSTEM KEY - HARDWARE KEY S5.00 S3.75 25.00 S7.50 IMPRES XE RSM,GREEN S335.00 S25I.25 25.00 S3,015.00 CHR IMP VEH EXT NA/EU KIT S390.00 S292.50 25.00 S3,510.00 BATT IMP FM R LI ION 2300M 2350T BLK SI 40.00 SI 05.00 25.00 $1,260.00 IMPRESMUC ADAPTER (PK OF 6 INSERTS) SUBSCRIBER PROGRAMMING S207.00 SI.00 $155.25 SI.00 25.00 S310.50 $980.00 $8,771.62 $108,309.12 Pricing isbasedoffof Motorola's Arizona State Contract:ADSPO 13-036880,withtaxes estimated at 8.9%and shipping FedEx ground is included. PO Issued to Motorola Solutions Inc.must: >Be a valid PurchaseOrder (PO)/Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitionscannot be accepted >Have a PO Number/Contract Number &Date >Identify "Motorola Solutions Inc." as the Vendor >Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name >Include a Bill-To Address with a Contact Name and Phone Number >Include a Ship-To Address with a Contact Name and Phone Number >Include an Ultimate Address (only if different than the Ship-To) >Be Greater than or Equal to the Value of the Order >Be in a Non-Editable Format >Identify Tax Exemption Status (where applicable) >Include a Signature (as Required) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:9/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel,PE,RLS.CFM Town Engineer Strategic Values:Council Goal: Maintain/Improve Community Infrastructure Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2014-38,an Intergovernmental Agreement (IGA FCD 2014A007)with the Flood Control District of Maricopa County, for the "Utility Relocations, Construction,Construction Management,and Operation and Maintenance of the Ashbrook Wash Improvements - Bayfield Drive to Del Cambre Avenue". Applicant:Scott Vogel/Project Management Branch Manager;Flood Control District of Maricopa County Applicant Contact Information:E-mail:csv@mail.maricopa.gov;Tele:(602)506-4771 Property Location:Ashbrook Wash;Bayfield Drive to Del Cambre Avenue Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):Past hydrologic and hydraulic studies by the Flood Control District and the Town have shown the need for improvements to Ashbrook Wash (Bayfield Drive to Del Cambre Avenue)to prevent potential roadway overtopping at Bayfield Drive,Saguaro Blvd., and Aloe Drive;and to prevent the resulting house flooding.(Those studies have included the Fountain Hills Floodplain Delineation Study -1995; Safety of Dams Analysis -1996;Area Drainage Master Study,Roadway Crossing Study -1997;Golden Eagle Park Dam Improvements - 2000;Town's Project Request - 2009;FCDMC's Floodplain Evaluation Technical Memo. -2011;and the Town's Project Request -2011.) The FCDMC and the Town executed an IGAfor the design of this project (Town Resolution 2013-52,dated 12- 5-13).The District elected to design this project in-house,and has prepared the 90%contract documents. This IGA is on the Flood Control DistrictAdvisiory Board's agenda for August 27,2014,and will be agendized for their Board of Directors (i.e.the Maricopa County Board of Supervisors')action following the Town Council's consideration. The project consists of: *A new 6 barrel,10'wide by 5' high by 52' long concrete box culvert at Bayfield Drive/Ashbrook Wash, to replace the undersized existing pipe culverts there. *A new6 barrel, 10'wide by6' high by 102'long concrete box culvert at Saguaro Blvd./Ashbrook Wash, to replace the undersized existing pipe culverts there. *Concrete wingwalls,steel handrail, riprap scour protection, and (at Saguaro Blvd.)a concrete outlet apron. Page 1 of 3 *Removal of palm trees in Ashbrook Wash between Saguaro Blvd.and Del Cambre Avenue to improve the flow in the wash (by removing this non-native vegetation).(Note:Other channel area work originally anticipated in the Town's 2011 project application was determined to not be additionally needed,during the project design.) *Water and sewer relocations needed to construct the above box culverts (per the requests of Chaparrel City Water Company and the Fountain Hills Sanitary District).The CCWC relocations will be at CCWC's expense. The FHSD relocation costs will be allocated as determined by a future IGA, for which the Town Attorney is currently preparing a Prior Rights Analysis. * (Note:Relocation of other utility facilities will be handled by those respective utilities at their own expense. Except, the expense responsibility for SRP's needed relocations is currently being evaluated in the Town Attorney's Prior Rights Analysis.) This IGA covers the proposed Utility Relocations,Construction,Construction Management,and Operations and Maintenance of these proposed improvements,as follows: *FCDMC will be the lead agency. * Both FCDMC and the Town will each fund 50%of the project cost -currently estimated at $950,000 each. *Although the IGA allows for possible consultant construction management services,it is currently anticipated that FCDMC will provide the project's construction management services in-house (at a cost of 8% of the Project Cost, plus materials testing and surveying costs). *The Town is responsible to see that existing utilities without prior rights are relocated at no cost to the project. *A Letter of Map Revision (LOMR)will be submitted to FEMA,showing the reduced floodplain limits after this project's construction. *Afterthe project's construction,the Town is responsible for all operation and maintenance. Risk Analysis (options or alternatives with implications): Not moving forward withthis project would leave 13 houses/condo units subject to curently unmapped,flood inundation inthe 100-year storm; and would leave the Saguaro Blvd.and Bayfield Drive crossings of Ashbrook Wash subject to potential inundation and washout repair closure durations and costs. Fiscal Impact (initial and ongoing costs; budget status):The Town's FY2014-15 budget shows $920,000 for this project's construction in the Capital Projects Fund, in FY 14-15.The IGA indicates the estimated cost to the Town to be $950,000.Ifthe actual project costs total the estimated cost shown in the IGA,$30,000 would need to be used from the Town's CIP Contingency for this project. Budget Reference (page number): CIP Project #D6030,pages 306-7. Funding Source:Multiple Funds if Multiple Funds utilized,list here:Capital Projects Fund,Grant Fund Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of this IGA. List Attachment(s):Resolution 2014-38; Intergovernmental Agreement (IGA FCD2014A007);Project Map (11-13,from FCD (annotated); Project Aerial Map (from 2011 Project Application;annotated) SUGGESTED MOTION (for council use):Move to approve the Intergovernmental Agreement with the Flood Control District of Maricopa County,for the "Utility Relocations,Construction,Construction Management,and Opereation and Maintenance ofthe Ashbrook Wash Improvement -Bayfield Drive to Del Cambre Avenue." Randy Harrel,Towri Engineer 8/27/2014 8/27/2014 Pace 2 of3 -K^V,QUC^lAAaA^ Approyed: Ken Buchanan,Town Manager 8//2014 Page 3 of3 RESOLUTION NO.2014-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FLOOD CONTROL DISTRICT RELATING TO THE CONSTRUCTION OF THE ASHBROOK WASH IMPROVEMENTS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement with the Flood Control District of Maricopa County relating to the utility relocations,construction,construction management,and operation and maintenance of the improvements to Ashbrook Wash between Bayfield Drive and Del Cambre Boulevard,including the crossings at Bayfield Drive and Saguaro Boulevard (the "Agreement")is hereby approved in substantially the form and substance attached hereto as ExhibitA and incorporated hereinby reference. SECTION 2.The Mayor,the Town Manager,the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,September 4, 2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J.McGuire,Town Attorney 2219711.1 2219711.1 EXHIBIT A TO RESOLUTION NO.2014-38 [Agreement] See following pages. When Recorded Return to: Flood Control District of Maricopa County 2801West Durango Street Phoenix,AZ 85009-6399 Intergovernmental agreement Between The Town of Fountain Hills and the Flood Control District of Maricopa County for the Utility Relocations,Construction,Construction Management,and Operation and Maintenance of the Ashbrook Wash Improvements -Bayfield Drive to Del Cambre Avenue IGA FCD 2014A007 Agenda Item This Intergovernmental Agreement (Agreement)is entered into by and between the Town of Fountain Hills, a municipal corporation,acting by and through its Town Council,hereinafter called the TOWN,and the Flood Control District of Maricopa County,a municipal corporation and political subdivision of the State of Arizona,acting by and through its Board of Directors,hereinafter called the DISTRICT.The DISTRICT and the TOWN are hereinafter collectively called the PROJECT PARTNERS. This Agreement shall become effective as of the date it has been executed by all parties and will be recorded by the MaricopaCounty Recorder. STATUTORY AUTHORIZATION 1.The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.)Section 48-3603,as revised,to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2.The TOWN is empowered by A.R.S.Section 11-951 et.seq.as amended,to enter into this Agreement andhas authorized the undersigned to execute this Agreement on behalfof theTOWN. BACKGROUND 3.The Fountain Hills Area Drainage Master Study included a Roadway Crossing Study component (STUDY),completed inJune 1997,and identified a need to improve certain roadway crossings within the TOWN.The STUDY recommended structural solutions to mitigate flooding hazards dueto restrictions at Bayfield Drive and SaguaroBoulevard. FCD 2014A007 PCN 670.0130 PAGE 1 OF 10 5. In June 2011,a Floodplain Evaluation Technical Memorandum (MEMORANDUM)was prepared by DISTRICT staff in response to a Capital Improvement Program request by the TOWN to participate in improvements to Ashbrook Wash.The MEMORANDUM confirmed that channel restrictions from Bayfield Drive downstream to Del Cambre Boulevard,including restrictions at the Bayfield Drive and Saguaro Boulevard crossings,result in the potential for residential structure flooding during a 100-year event. This Agreement is for the implementation of improvements to Ashbrook Wash between Bayfield Drive and Del Cambre Boulevard,including the crossings at Bayfield Drive and Saguaro Boulevard (Exhibit A), hereinafter referred to as the PROJECT.The features include replacing the culvert crossings,removal of vegetation,minor channel improvements,and associated utility relocations. The PROJECT will: •Provide flood protection to properties adjacent to Ashbrook Wash between Bayfield Drive and Del Cambre Boulevard from flooding caused by 100-year flows overtopping Ashbrook Wash. •Remove approximately 11 existing homes from the potential flooding due toa 100-year storm event. •Safely convey flood flows under Bayfield Drive and Saguaro Boulevard. 6.On December 11,2013,the Board of Directors of the DISTRICT adopted Resolution FCD 2013R005, authorizing the DISTRICT to cost-share in the PROJECT,and to negotiate Intergovernmental Agreements for the design,rights-of-way acquisitions,construction,construction management,and operationand maintenance of the PROJECT. 7.On March 12,2014,the Board of Directors of the DISTRICT approved Intergovernmental Agreement FCD 2013A009,defining the responsibilities andcost share of the PROJECT PARTNERS related to the design of the project. 8. The design of the project is ongoing andis anticipated to be complete by November 2014. PURPOSE OF THE AGREEMENT 9. This Agreement identifies and defines the responsibilities of the DISTRICT and the TOWN, for PROJECT activities related to utility relocations,construction,construction management,operation and maintenance. TERMS OF AGREEMENT 10.The PROJECT,as referenced herein,is defined by paragraph 5of this Agreement. 11.The PROJECT COST,as referenced herein,solely encompasses the following costs directly associated withthe PROJECT andincurredafterthe effective date of this Agreement: 11.1 Costs of relocating conflicting utilities in place byprior rights.Utilities in place without prior rights will be relocated at their owners'expense;associated costsarenot components of the PROJECT COST. 11.2 Costs of obtaining a Federal Emergency Management Agency (FEMA)Letter of Map Revision (LOMR)intended to reduce the limits of the current delineated floodplain due to the construction of the PROJECT. FCD 2014A007 PCN 670.01 JO PAGE 2 OF 10 11.3 Costsof construction,construction management and post-design contracts. 11.3.1 Shared costs of landscaping and aesthetic features will not exceed the DISTRICT'S "Policy for the Aesthetic Treatment and Landscaping of Flood Control Projects"(POLICY). Landscaping,aesthetic features and park amenities,in addition to those allowed by the DISTRICT'S POLICY andif compatible withthe PROJECT function,may be included in PROJECT contracts at the request of the TOWN; the additional construction and associated construction management costsbeing solely attheTOWN's expense. 11.3.2 If construction management services are not accomplished under contract, construction management costs shall be assigned a value of eight percent (8%)of the actual constructioncost of the PROJECT plusactualcosts for materials testingand survey work associatedwith construction management. 11.4 Each PROJECT PARTNER will pay for,and not seek reimbursement for,itsown personnel and internal administrative costs associated with this PROJECT,including costs associated with the issue of PROJECT permits,unless specifically identified otherwise in this Agreement. 12.The PROJECT COST associated withthisAgreementis estimated to be $1,900,000. 12.1 The PROJECT COST is estimated based on the best information available at the time of this Agreement,and is subjectto changewithout amendment to this Agreement.Upon recognition of anticipated cost increases above this estimated PROJECT COST, PROJECT PARTNERS shall communicate these anticipated increases. 13. DISTRICT funding for this Agreement shall be from secondary flood control tax levy revenue and is contingent upon funding availability within the DISTRICT'S Capital Improvement Program. 14. TOWN fundingfor thisAgreementshallbe from its CapitalImprovement Project fund. 15.The DISTRICT shall: 15.1 Fund fifty percent (50%)of the PROJECT COST, making the DISTRICT'S estimated share $950,000. 15.2 Serve as the lead agency for obtaining a FEMA LOMR to reduce the limits of the current delineated floodplaindue to the construction of the PROJECT. 15.2.1 Invoice the TOWN for its share of the PROJECT COST associated with the LOMR as it is incurred, no more frequently than quarterly, and no less frequently than annually. 15.3 Serveas the leadagencyfor utility relocations required for the PROJECT. 15.3.1 Coordinate with the TOWN for the relocation of conflicting utilities within the TOWN's rights-of-way. 15.3.2 Invoice the TOWN for its share of the PROJECT COST associated with the utility relocations as it is incurred,no more frequently than quarterly, and no less frequently than annually. 15.4 Serve as the lead agency for PROJECT construction and construction management. FCD 2014A007 PCN 670.01 JO PAGE 3 OF 10 15.4.1 Upon award ofa construction contract for the PROJECT,invoice the TOWN for fifty percent (50%)of its share of the PROJECT COST associated with construction and construction management. 15.4.2 Upon completion ofa construction contract for the PROJECT,prepare a final accounting including change orders and construction management costs not previously paid,and invoice the TOWN for the remainder of its share of all PROJECT COST incurred to date. 15.5 If it incurs non-flood control costs that are not a component of the PROJECT COST at the request of the TOWN,per paragraphs 11.3.1 of this Agreement,invoice the TOWN for these costs plus the cost of construction management as these costs are incurred,no more frequently than quarterly,andno less frequently than annually. 15.6 Serve asthe lead agency for PROJECT public involvement activities. 15.7 Participate in a final inspection of thePROJECTwiththeTOWN. 15.8 The DISTRICT may participate with the TOWN in an annual inspection of the PROJECT.Any deficiencies relating to flood control,and for which the TOWN is responsible,shall be corrected by the TOWN within thirty (30)calendar days.If the TOWN has not taken corrective action within this time,the DISTRICT reserves the right to perform the corrective action,and will invoice theTOWN for the total costs incurred bythe DISTRICT. 15.9 The DISTRICT reserves the right to review and comment on the design and/or construction of any future changes or modifications to the PROJECT that may affect the hydraulic function of the PROJECT. 16.The TOWN shall: 16.1 Fund fifty percent (50%)of the PROJECT COST,making theTOWN's estimated share $950,000. 16.2 Within thirty (30)calendar days of receipt,pay all invoices issued by the DISTRICT in accordance with the terms of this Agreement. 16.3 Participatein PROJECT publicinvolvement activities. 16.4 Cause tobe relocated atno cost to the PROJECT all utilities within its jurisdiction that are in place bypermit and/or withoutprior rights. 16.5 Provide all TOWN owned and controlled rights-of-way necessary for the PROJECT,and not specifically purchased for this PROJECT,atnocostto the PROJECT. 16.6 Participatein the finalinspection of the project with the District. 16.7 Be responsible foralloperationsand maintenance of the PROJECT. 16.7.1 The maintenance activities to be performed include,butarenot limited to,maintaining the flood control function of the PROJECT,including sediment and vegetation removal and any and all aesthetic,park,and public use features,maintenance of landscaping,irrigation, multi-use trails and berms,removal of trash and debris,electricity and other operation costs for the facilities,vandalism repair and replacement,and structural repair and replacement of the flood control structures. FCD2014A007 PCN 670.01 JO PAGE 4 OF 10 16.8 Schedule,and invitethe DISTRICT to participate in, an annualinspectionof the PROJECT. Any deficiencies relating to floodcontrol for which the TOWN is responsible shallbe correctedby the TOWN within thirty (30) calendar days.If the TOWN has not taken corrective action within this time, the DISTRICT reserves the right to perform the corrective action and the TOWN shall reimburse the DISTRICT for the total costs incurred by the DISTRICT within thirty (30)calendar days of receipt of an invoice from the DISTRICT. 16.9 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the PROJECT prior to offering to makeor makingthe PROJECT available for such uses. 16.10 Obtain DISTRICT reviewand comments on the design and/or construction of any future changes or modifications to the PROJECT that may affect the hydraulic function of the PROJECT, and resolve and/or incorporate the DISTRICT'S comments into these futurePROJECT modifications. 17. Each PROJECT PARNTER,and the PROJECT PARTNERS collectively,shall: 17.1 Comply with A.R.S.Sections 41-4401 and 23-214,subsection A. 17.1.1 Each party to this Agreement retains the legal right to inspect the records of the other party's and any contractors'or subcontractors'employees performing work under this Agreement to verify compliance with A.R.S.Sections 41-4401 and 23-214,subsection A. 17.1.2 Failure by either party to this Agreement to comply with A.R.S. Sections 41-4401 and 23- 214, subsection A shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement. 17.2 Require that any contractor selected for the PROJECT: 17.2.1 Warrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A.R.S. section 23-214(A); 17.2.2 Agree that a breach of the warranty under paragraph 17.2.1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract; 17.2.3 Agree that the other party to this Agreement retains the legalright to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 17.2.1. 17.3 Have the right, following mutual written agreement of all PROJECT PARTNERS,to delegate its responsibilities under this Agreement to another party. Any delegation, however, shall not relieve the delegating PROJECT PARTNER of its originalresponsibilitiesas defined herein. 17.4 In the case of any dispute over any items in this Agreement, agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the PROJECT PARTNERS to seek any remedies provided by law. 17.5 Take reasonable and necessary actions within its authority to ensure that only storm water is dischargedinto the PROJECT, and that such dischargesinto the PROJECT comply at the point of discharge with any applicable requirements of the U.S.Environmental Protection Agency Clean Water Act, Arizona Pollutant Discharge Elimination System or any other applicable discharge requirements, includinganypermit requirements. FCD 2014A007 PCN 670.01 JO PAGE 5 OF 10 17.6 Agree to equallyshare the cost of a PROJECT compliance and cost audit to be initiated within sixty (60)days of PROJECT completion,if requested by either PROJECT PARTNER. An independent auditing firm agreed to by the PROJECT PARTNERS will performthe audit.Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within forty'five (45)days of acceptance bythePROJECT PARTNERS. 18.If mutually acceptable to the PROJECT PARTNERS,PROJECT invoicing may be conducted periodically based on actual PROJECT COST incurred,no more frequently dian quarterly,in lieu of invoicing timelines otherwise established in thisAgreement. 19.Each partyto this Agreement shall,as "Indemnitor," to the extent permissible by law,indemnify,defend and hold harmless the other Project Partner ("Indemnitee")including agents,officers,directors, governorsand employees thereof,from and againstanyand alllossor expenseincurredasa resultof any claim or suitof anynature whatsoever,which arises out of anyactor omission of Indemnitorpursuantto this Agreement,including but not limited to,reasonable attorneys'fees,court costs, and other expenses relating to the defense against claims or litigation,incurred by the Indemnitee.Notwithstanding the above,Indemniteeshallbe liable for its own negligence or wrongfulactsas providedby law.In no event shall the Indemnitoroweor be obligated to payanyamounts which the Indemnitee has not actually paid or has no actualobligation to pay.In the event any agreement to pay to resolveissues of liability is not enforceable, or any agreement or settlement results in an actual obligation lower than the full amount of liability,the Indemnitor's obligationto pay shallbe limitedto the amount Indemnitee has paid or would be obligated to pay in the absence of any agreement to indemnify. Should the TOWN offer to make or makethe PROJECT available for anynon-flood control uses, the TOWN shall,to the extent permissible by law,indemnify,defend and save harmless the DISTRICT,including agents,officers,directors, governors and employees thereof, from any and all loss or expense incurred as a result of any claim or suit relating to the TOWN's non-flood control uses,including but not limited to reasonable attorneys' fees,court costs, and other expenses relating to the defense of such claims or litigation;provided, however, that the DISTRICT shallbe liablefor its own negligence or wrongful acts as provided by law. 20. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Flood Control District of Maricopa County Chief Engineer and General Manager 2801 West Durango Street Phoenix,AZ 85009-6399 Town of Fountain Hills Town Manager 16705 East Avenue of the Fountains Fountain Hills,AZ 85268 21. This Agreement shallexpire either (a)fiveyearsfrom the date of recording with the County'Recorder, or (b) upon completion of the PROJECT and after all funding obligations and reimbursements have been satisfied in accordance with this Agreement,whichever is the first to occur. However, by mutual written agreement of all parties, this Agreement may be amended or terminated. Paragraphs 15.9,16.7, 16.8, 16.9, 16.10, 17, 19 and 20 of this Agreement shall survive the expiration of this Agreement. 22. This Agreement is subject to cancellation by either party pursuant to the provisions of Arizona Revised Statutes Section 38-511. FCD 2014A007 PCN 670.01.30 PAGE 6 OF 10 23.Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the parties to this Agreement,that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and thatitisin proper form. 24.If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more parties to this Agreement,the parties agree that this Agreement shall be renegotiated at the written request of either party. FCD 2014A007 PCN 670.01 JO PAGE 7 OF 10 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Municipal Corporation Recommended by: WilliamD. Wiley,P.E.Date ChiefEngineerand General Manager Approved and Accepted: By: Chairman,Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Intergovernmental Agreement FCD 2014A007 has been reviewed pursuant to Arizona Revised Statutes 11-952,as amended,by the undersigned General Counsel,who has determined that it is in properformand within the powers and authority granted to the Flood Control Districtof Maricopa County under the laws of the State of Arizona. Flood Control District General Counsel Date FCD 2014A007 PCN 670.01 JO PAGE 8 OF 10 By: TOWN OF FOUNTAIN HILLS A Municipal Corporation, Linda Kavanagh,Mayor Date Attest: By: BevelynJ. Bender,Town Clerk Date The foregoing Intergovernmental Agreement IGA FCD 2014A007 has been reviewed pursuant to Arizona Revised Statutes 11-952,as amended,by the undersigned attorney who has determined that it is in proper form and withinthe power and authoritygranted to the Town of Fountain Hills under the laws of the State of Arizona. By: AndrewJ. McGuire,Town Attorney Date FCD 2014A007 PCN 670.01 JO PAGE 9 OF 10 IGA FCD 2014A007 |^jj Project Limit Wash 1 inch -500 feet FCD 2014A007 EXHIBIT "A" PCN 670.01.30 PAGE 10 OF 10 •w %;)Ashbrook Wash Improvement Project Document Path:X:\tjiv\Assicjnmcnls\Bono FCD\A'.;hbrook\AshbrookWash.mxd 2801 West Durango Street,Phoenix,Arizona 85009,(602)506-1501 _j u r , "'•-,.;' Flood Control District of Maricopa County,GIS Division,November 2013 www.fcd.maricopa.gov Meeting Date:9/4/2014 Agenda Type:Regular Staff Contact Information:Kenneth Buchanan Strategic Planning Goal:Not Applicable (NA) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of the Town Manager's recommendation of Captain David Letourneau to serve as District Seven Commander of the Maricopa County Sheriffs Office. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:Intergovernment Agreement with Marciopa County for Law Enforcement Services for Fiscal Years 2012-2017. Staff Summary (background):For several years,the Town of Fountain Hills has contracted out its law enforcement services to the Maricopa County Sheriffs Office through an intergovernmental agreement with Maricopa County.Under the intergovernmental agreement,Maricopa County Sheriffs Office (MCSO)has provided the Town of Fountain Hills with a full service police department.Through the partnership,the Town of Fountain Hills has benefitted from outstanding law enforcement services from MCSO and it has been well- received and supported by the community. According to Section II.E.on page ten of the intergovernmental agreement,the "Sheriffs Office shall assign a full time deputy with the rank of Lieutenant or higher to be designated as District Commander..."When a vacancy occurs,"The Sheriffs Office will provide the Town Manager with a list of candidates from which to select the District Commander.The Sheriffs Office shall assign the the District Commander to service within the Town for a term of at least two years and such individual will not reassigned except upon mutual agreement of the Town and the Sheriffs Office." Captain Joe Rodriguez served as Commander of District Seven for over five years and did an outstanding job of managing the department and providing leadership during his tenure.Last July Captain Rodriguez gave the town notice that he had been promoted to Deputy Chief and would be leaving his post as Commander of District Seven.Following his promotion,Deputy Chief Rodriquez transmitted a memo to me with the names of three captains recommended by the Sheriffs Office to be considered for the District Seven Commander position.Until a permanent Commander is appointed,Captain David Letourneau,one of the three recommended Commander candidates,has been serving as Interim Commander of District Seven. As part ofthe Town's due diligence efforts, Administrative Services Director Grady Miller and I reviewed the resumes and interviewed Captain David Letourneau,Captain William Hindman,and Captain Barry Roska in Pagel of 3 late July and early August.All three candidates had outstanding careers and managerial experience applicable to the position of Commander and were clearly capable of performing the responsibilities associated with the job.However,based on a thorough review ofthe applicants'career experience, management styles, responses to interview questions,and fitfor the organization,Captain Letourneau is being recommended to serve as Commander of District Seven as recommended by the Maricopa County Sheriffs Office. Before the Town of Fountain Hills hires employees,it conducts background checks on applicants to ensure that applicants have been truthful intheir applications and interviews,have no criminal history,have good driving records,and are free from drug and alcohol abuse.The recommended Commander candidates have been pre-screened by MCSO because as a law enforcement organization these standards are job requirements that have to be maintained in order for the employees to continue working for the MCSO. As part of the town's own background check on Captain Letourneau,the town identified two recent lawsuits involving the MCSO and names him as a defendant.In reviewing the background on both cases,it appeared that Captain Letourneau was performing his job assignment as directed and following standard operating procedures and orders from superiors.The oldest lawsuit exonerated him.The most recent case involved a demonstration by immigration activists at the MCSO headquarters in downtown Phoenix.Captain Letourneau was on duty at the time and because he was the senior officer at the scene,he was named in the lawsuit.To date,there is no evidence or factual information to indicate that Captain Letourneau acted improperly while excuting his duties. Based on his outstanding career experience,job assignments,successful management of District Seven as the Interim Commander of District Seven,and a review of Captain Letourneau's background,it is recommended that the Mayor &Town Council approve and confirm my appointment of Captain David Letourneau as Commander of MCSO District Seven. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A 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):N/A Staff Recommendation(s):Staff recommends Council approval of Captain David Letourneau to serve as Commander of the Maricopa County Sheriffs Office District Seven which encompasses the corporate limits of the Town of Fountain Hills. List Attachment(s):Letter of Recommendation for Captain David Letourneau;Law Enforcement Services Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County;Memorandum from MCSO Deputy Chief Joe Rodriguez;and resumes of Captain David Letourneau,Captain William Hindman, and Captain Barry Roska. SUGGESTED MOTION (for council use):MOTION to approve and confirm the appointment of Captain David Letourneau to serve as Comander of Maricopa County Sheriffs Office District Seven (Town of Fountain Hills). Prepar 4KenBuchanan,Town Manager 8/1/2011 repa*dby:_^~~^ en Buchanan,Town Manager Pa°e 2 of3 MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To:Ken Buchanan Fountain Hills Town Manager From:Deputy Chief Joe Rodriquez Patrol Bureau Subject:District Seven Captain Candidate Date:July 21,2014 Joseph M Arpaio,Sheriff Per the Agreement for Law Enforcement Services that the Town of Fountain Hills has with the Maricopa County Sheriffs Office, specifically Section E.3. District Commander Responsibilities, I am providing you with the recommended candidates to be considered for your selection to become the District Seven Commander.The candidates are listed in alphabetical order. All candidates will be made available to you at your request. Captain Letourneau will be the Interim District Commander until your selection is made. Thank you. Captain William Hindman Captain David Letourneau Captain Barry Roska 5000-135 R10-93 (MW97 vl.O 5/27/98) DAVID LETOURNEAU David Letourneau Summary Veteran Deputy Sheriff with 23 years of experience with the Sheriffs Office.Experienced in several facets of law enforcement and managing employees. Highlights •Conflict resolution tactics •Crime prevention training •Community relations •Patrol procedures •Drug laws enforcement •Exceptional problem solver Accomplishments Served as lead negotiator on the Crisis Response Team. Homeland Security/Counter Terrorism supervisor Search and Rescue Coordinator/Supervisor responsible for many successful searches. Special Investigations Lieutenant responsible for three undercover narcotic teams. SWAT Commander over SWAT team,K-9 and Bomb Squad Barry Roska j4^MARICOPA COUNTY SHERIFFS OFFICE Captain BarryRoska#878 Career Path: JOSEPH M.ARPAIO SHERIFF 1985-1989 MCSO Detention Officer (various jails) 1989 Deputy Sheriff 1989-1995 Patrol Deputy (Mesa/ Queen Creek,Sun lakes,Gila Bend,Buckeye,Avondale) 1995-1997 Security &Transport Division (Superior Court Deputy) 1997-promotion Sergeant 1997-1999 PatrolSergeant (Fountain Hills,Rio Verde,CaveCreek,Carefree, Desert Hills,Anthem, New River) 1999-2004 Administrative/Detective Sergeant -Fountain Hills 2004 Internal Affairs-investigative Sergeant 2004-promotion Lieutenant 2004-2006 Internal Affairs-Investigator / Case Administrator 2006-promotion Captain 2006-2010 2010 (3 mo.) 2010 (1 mo.) 2010 (4 mo.) 2011 2011-2012 Commander- Commander- Commander- Commander- Commander- Commander- Dist. 4 -Cave Creek,Carefree,Desert Hills,Anthem,New River areas Dist. 3- Sun City,Sun City West,Agila,county area. Internal Affairs Dist.2 -Avondale,Buckeye,Gila Bend,Litchfield Park,county area Search &Rescue/County Parks Divisions MCSO Homeland Security Division 2012-Present Commander- Judicial Enforcement Division (Civil Process/ Personal Property Tax/Pawn /ATF) Education: AAS.-Business administration B.S.-Public Safety Administration Community related: 1999-2004 Midnight Madnessteen program-MCSO participant-Town Recreation program (Fountain Hills) Midnight Madness Charitygolf tournament (Fountain Hills) 2006-2010 Prescription Drugturn-in program (Carefree) Anthem Community Safety Council-participant Various Homeowners Association-monthly meetings William Hindman William D.Hindman Experience Captain,Lake Patrol Division Commander 2011 - Current Maricopa County Sheriffs Office Command the Lake Patrol Division providing Law Enforcement to all Lakes, Rivers and Recreation areas within the Tonto National Forest,Lake Pleasant Regional Park and all County Parks and recreational areas within the jurisdiction of Maricopa County.Recreation areas include the Superstition Mountains,Four Peaks,Mazatzal Mountains,Camp Creek,Seven Springs the Verde River,Lower Salt River and the Salt River Recreation Area.Total area of responsibility is over 1,000square miles and is visited byover 1.5 million people annually.Additional responsibilities includecommand of the Lake Patrol Dive Team,Mounted Program,Impaired Driver Enforcement Program,Off Highway Vehicle Enforcement Program,Drug Recognition Expert Program,the Sheriffs Office Medical Program and the Field Force Component.As Primary Field Force for the Sheriffs Office,responsibilities include the initial response to any natural disaster,civil uprising,and the First Responders for the Palo Verde Nuclear Generating Station. There are approximately 45 employees under this command,including civilians, Deputies, 10 Sergeants,and two Lieutenants'.The staff under this command are highly trained and qualified to perform tasks unique to the division.Staff receives training and certifications in areas of patrol boats operation,air boat operation,ATVs and SCUBA,as well as mounted and medical training.The Lake Patrol Division Commander is responsible to ensure that all patrol and administrative functions are addressed,monitored and evaluated while evaluating staffing needs and projections,maintaining oversight of budgetary overtime,oversight of employee evaluations and direct oversight and control ofa substantial budgetofgrantmoniesassigned to the division.This command position has unique requirements and demanding responsibilities which require substantial event planning and partnering for a potential emergency response.Additionally,extensive partnering and team building with Arizona Game and Fish, Tonto National Forest,Arizona Governor's Office of Highway Safety,as well as other local law enforcement,fireand public safety personnel, are essential to ensure the success of this division. Captain,Patrol District II Division Commander 2007- Current Maricopa County Sheriffs Office Command a Patrol Division comprised of approximately 5,268 square miles inthe southwestern portion of Maricopa County,including 3 contract cities, and the Palo Verde Nuclear Generating Station.There are over 75 employees under this command,including civilians,Deputies,Sergeants, and one Lieutenant. As Patrol Division Commander,responsible to ensure that all patrol and administrative functions of the division are addressed, monitorand evaluate staffing needs and projections,oversight of budgetary overtime issues,and oversight of employee evaluations. This command position has also required significant event planning and partnering for an emergency response to Palo Verde Nuclear Generating Station. Additionally,extensive partnering and team building withcity management of the various contract cities to ensure that the Sheriffs Office meets the public safety needs of their individual community has been fundamental.Monthly presentations are made at various city council meetings to present recent activity and to address any public safety related matters. William P.Hindman Captain,DeputyChief of Police El Mirage PoliceDepartment 2006 -2007 Maricopa County Sheriffs Office As Deputy Chief of Police,was responsible for all functional commandofthe El Mirage Police Department during a major reorganization of the entire agency.Responsible for all matters relating to administration,staffing,patrol and investigations ofthe department,which was comprised of approximately 60 staff members covering a patrol area of12square miles and over 40,000 residents.Management of Patrol Commanders,as well as direct supervision of Internal Affairs,Public Information,and Community Relations. Responsible for the creation and implementation of policy and procedures, patrol schedule,beat system,records management,block watch,systematic internal investigations,and reporting procedures.Liaison between community and social services,community leaders,city department heads, and the City Manager.Review of all Internal Investigations,evaluate policy violations and made final disciplinary action recommendations to the Chief of Police.Frequent attendance at city council meetings or other functions representing the Police Department orthe Chief of Police and addressing community issues or publicsafety matters. Lieutenant,Patrol Commander,El Mirage PoliceDepartment 2005 - 2007 Maricopa County Sheriffs Office Responsible for oversight of all patrol functions,direct supervision of patrol Sergeants,planning and oversight of special events and enforcement details.Evaluated performance of Supervisors and Officers.Established procedures to ensure the appropriate handling and investigation of citizen complaints.Performed duties ofWatch Commander during dayand evening hours.Conducted briefings and training for patrol and community relations. Lieutenant,Commander Motors Division 1998-2005 Maricopa County Sheriffs Office Responsible for the creation of the Motors Unit and all related matters including,establishing a relationship with the Arizona Governors Office of Highway Safety (GOHS)and obtained sufficient grant funding to purchase five motorcycles and all related equipment including radars,uniforms,and a truck and trailer to support a DUI command post. Established uniform requirements,as well as the application and selection process.Obtained and attended Motors training with the Phoenix Police Department Motor Unit. Established and coordinated work schedules,patrol procedures,special events and traffic enforcementdetails. Coordinatedspecial events with other traffic and motor units from other law enforcement agencies. As the Traffic Enforcement Unit Commander,was selected as the Coordinator over several related functions including the DUI Taskforce,HGN Program,and the Phlebotomy Program.Additionally in 1998, was assigned as the William D Hindman William D.Hindman Coordinator for the East Valley DUI Task Force, comprised of 11 law enforcement agencies,totaling over 400 peace officers,several community organizations and GOHS,netting 1,185 DUI relatedarrests. Obtainedgrant funding to support the division,as well as oversight of the grant budget. Additional responsibilities included management of the Field Training Program for the agency and Commander ofthe Extradition Unit. Sergeant,Lake Patrol Division 1997 -1998 Maricopa County Sheriffs Office Responsible to schedule, staff, and supervise squads of Deputies in the Lake Patrol Division at a variety of lakes, rivers and recreation areas in Maricopa County including Bartlett,Saguaro, Canyon, Apache Lakes, the Lower Salt River,as well as the Salt River Recreation Area. The planning and staffing issues required for this assignment were unique from that of other patrol squads due to the region,population,and recreational activities inthose areas.Responsibilities included training and participation as a Dive Team member, as well as supervisionofthe Mounted Unit.Alsoresponsible for the written evaluation of subordinates in the areas of patrol,written reports, statistics, personal equipment maintenance, and the operation of boats,ATV's and jet skis withinthe division. Sergeant,Patrol Division 1995 -1997 Maricopa County Sheriffs Office Direct supervisionofDeputies in field operations insouthwest (District II)and northwest (District III)Maricopa County. Responsible for performance evaluations, review of written reports,reporting of statistics, squad staffing and scheduling, conducted patrol briefings,and ensured a safe working environment.Responded to all type of calls for service, emergency situations, and all reportable matters as well as the direct supervision of Deputies responding to calls. Deputy Sheriff 1990 -1997 Maricopa County Sheriffs Office Worked initially in patrol responding to all types of calls for service and emergency situations. Appliedfor and became a FieldTraining Officerprior to transfer to Detectives.Once in Detectives,carried a case load and worked undercover operations in narcotics, auto theft and property crimes investigations. 1993 -1995 Property Crimes / Auto Theft Detective 1991-1993 Patrol Deputy William D Hindman William D.Hindman Detention Officer 1987 -1990 Maricopa County Sheriffs Office Worked in Maximum Custody unit of the Madison Street Jail,maintained care custody and control of maximum and close custody inmates. Other areas of experience in this position included inmate visitation,medical and inmate transportation. Relevant Training Arizona Leadership Program (Formerly Leadership for Police Organizations) Including Seven Habits for Law Enforcement Arizona Peace Officer Standards and Training Center for Leadership Excellence 120 HOURS National Incident Management System - ICS300 &ICS400 FEMA •32 HOURS Discipline and Internal Investigations A.E.L.E.Law Enforcement Legal Center -16 HOURS Police Solo Motorcycle Training Course Phoenix Police Department •120 HOURS Supervisor's Development Course Arizona Regional Community Policing Institute -80 HOURS Supervisor's School Maricopa County Sheriffs Office /AZPOST -32 HOURS General Instructor's School Maricopa County Sheriffs Office /AZPOST -40 HOURS William D Hindman Education Kimball High School Royal Oak,Michigan William D.Hindman Oakland Community College Royal Oak, Michigan •Semester Credit 27 Hours in Business and Criminal Justice Arizona Local Colleges •Approximately 30 Credit Hours toward a degree in Criminal Justice Currently enrolled at Columbia Southern University • Criminal Justice major William D Hindman Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Development Services Department CAPTION HEADING: C2013-105 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 20120799231 09/05/2012 03:46 ELECTRONIC RECORDING RES1219LawEnforce-27-l-l-- mcdevittr RESOLUTION NO.2012-19 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2012-2017 DO NOT REMOVE This is part of the official document. 20120799231 RESOLUTION NO.2012-19 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2012-2017. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION I.The Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal years 2012-2017 (the "Agreement")is hereby approved substantially in the form attached hereto as Exhibit A and incorporatedherein by reference. SECTION 2.The Mayor,the Town Manager,the Town Clerk and the Town Attorney are hereby authorized and direaed to cause the execution of the Agreement and to take all steps necessary tocarry out the purposeand intentof this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Townof Fountain Hills, June 21,2012. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: lagh,Mayor REVIEWED BY: Kenneth W.Buchanan,Town Manager 17300%1 Bevelyn J.Bender,Town Clerk APPROVED AS TO FORM: AndrewJ.McGuire,Town Attorney 1730096.1 EXfflBlTA TO RESOLUTION NO.2012-19 [Agreement] See following pages. v \'V AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY on behalf of the Sheriffs Office c-su-ia-oyl-3 -r£> July 1.2012 Ihriiugjli June 311.21117 !72*5-«i * Agreement for Law Enforcement Services Town of Fountain Hills THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this "Aerecmcnt")is made and entered into ?W.lp 2012 between the Town of Fountain Hills,an Arizona municipal corporation ("Fountain Hills")and Maricopa County,a political subdivision of the State of Arizona (the "County")on behalf of the Maricopa County Sheriffs Office. RECITALS WHEREAS,Fountain Hills has the authority,pursuant to the laws ofthe State of Arizona,to provide for public health,safety,and the welfare of the people and properly within its corporate boundaries,including,but not limited to police protection; and WHEREAS,Fountain Hills has neither the trained personnel nor the facilities to provide for Law Enforcement Services,as defined herein,and desires to enter into this Agreement with the County whereby the Sheriff's Office will furnish Law Enforcement Services to Fountain Hills. AGREEMENT NOW,THEREFORE,in consideration of the foregoing recitals,which arc incorporated herein by reference,the promises and covenants set forth below,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: I.GENERAL PROVISIONS A.Definitions As used throughout this Agreement,the following terms shall have the meanings set forth in this Section: Agreement means this document and all attachments hereto. Basic Report means ihc standardized Sheriffs Office document communicating information monthly tothe Town regarding its calls for service,crime,criminal activity and response times. Beat meansthe basic incrementof LawEnforcementServicesthat equatesto one 24 hours perday x 7 daysper week, 52 weeksper year post. Board means the Maricopa County Board of Supervisors. Calendar Year meansa twelve-month periodbeginningJanuary 1and endingDecember31. Countv means Maricopa County,a political subdivision oftheStateof Arizona. Dav means calendar day. District Commander means the Captain or designated Commander of the Sheriffs District Office within the corporate limits of Fountain Hills from which Law Enforcement Services for this Agreement arc conducted. Fiscal Year means a twelve-monthperiodbeginningJuly 1throughJune 30. FTE (full time equivalent)means a unit that indicates the workload ofan employed person ina way that makes workloads comparable across the organization.One (1)FTE equals one (1) 17235-16.3 position for the total number of budgeted working hours in a given fiscal year,as determined by theCounty (typically 2080or 2088). Initial Term shall have the meaning set forth in Section I,Subsection C,below. Law Enforcement Services means patrol,responses to emergency calls and arrests of suspects.It includes: Dispatch and Police Communications Services Traffic Enforcement and Accident Investigations •Enforcement Suppon,including Specialized Response (Canine,Bomb Squad,S.W.A.T., Posse Coordination) Investigations of AllegedCrimes •Community Crime Prevention and Awareness Programs and Activities,including vacation watch •Property and Evidence Safekeeping •Court Security on an on-call basis and alter consultation between the District Commander,the Town Manager and the Town's Presiding Judge •Perform the duties of the Town's Law Enforcement Agent (as defined in the Town Code) as requested by theTown Manager. Sheriff's Office means the Maricopa County ShcrifTand those functions,activities and facilities for whichhehas responsibility. Town means the Town of Fountain Hills,an Arizona municipal corporation. Town Council meansthe MayorandTown Council of theTown of Fountain Hills. Town Manager means the Town Manager of the Town of Fountain Hills,or his/her authorized designee. Transitional Start Un Phase means the time period between when the Agreement or an amendment to the Agreement is approved through the time that contracted level of service is attained or stabilized. Worksheet (Exhibit X\means the annualized cost detail information pagc(s)for the designated beat of service,or fraction ofa beat of service on which monthly billings for a given fiscal year are based. B, Legal Notices 1723546.3 Any notice orother communication required or permitted to be givenunderthis Agreement shall be in writing and shall be deemed to have been duly given if (1)delivered to the party at the address set forth below, (2) deposited in the U.S. Mail,registered or certified,return receipt requested,to the address set forth below or (3) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the County:Tom Manos Maricopa County Manager 301 W.Jefferson,10*Floor Phoenix,Arizona 85003 If to the Sheriffs Office: Joseph M. Arpaio Maricopa County Sheriff 100W.Washington,Suite 1900 Phoenix.Arizona 85003 Scott R.Freeman,Chief of Administration Maricopa County Sheriff 100W. Washington, Suite 1900 Phoenix,Arizona 85003 IftotheTown:Linda M.Kavanagh Mayor Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,AZ 85268 Kenneth W.Buchanan Town Manager 16705 East Avenue of the Fountains Fountain Hills,AZ 85268 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 (1)when delivered to the party,(2)three business days after being placed in the U.S. Mail,properly addressed,with sufficient postage or (3)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 die delivery service to deliver on the following business day.Ifa copy ofa 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 parly,and not its counsel or other recipient to which acopy ofthe notice maybe sent,isdeemedtohave received the notice. C. Term ofthe Agreement This Agreement shall become effective July 1,2012 (the "Effective Dale")following approval by the Town Council and the Board.This Agreement shall remain in full force and effect from the Effective Date through June 30,2017 (the "Initial Term"),unless terminated pursuant to Section I, Subsection F of thisAgreement D.Automatic Renewal Following the Initial Term,this Agreement shall automatically renew for up to five (5)successive one-year terms,(each,an "Additional Term"),with all the terms of this Agreement in effect unless and until renegotiated or terminated pursuant to (I)a non-renewal notice as set forth below in this Subsection or (2)Section I,Subsection Fbelow.Prior to the beginning ofeach Additional Term,the parties shall meet and agree upon the annual cost of the Law Enforcement Services, which shall be calculated pursuant to Section III,Subsection A,of this Agreement and which when agreed upon,shall be attached to this Agreement as Exhibit A.Notice ofnon-renewal by cither party shall be (i)in writing and (ii)delivered to the other party by April 15 to exercise non-renewal of thisAgreement. E.Amendments This document contains the entire Agreement of the parties and cannot be changed orally.Any changes or modifications of this Agreement must be in the form ofa written amendment (1) approved by the Town Council and the Board and (2)signed by both panics.Requests for amendments to increase or decrease levels of Law Enforcement Services within a given year during the Initial Term or any Additional Term of this Agreement will not become effective until 90daysafter approval by theTown Council andthe Board. 1723546.3 F.Termination Without Cause.Either pany shall have the right,upon twelve (12)months written notice to the other pany,to terminate this Agreement without cause. .Uncured Breach.In the event of breach ofany of the provisions of this Agreement,cither party may terminate this Agreement for cause by serving written notice to the other party specifically setting forth the nature of the breach.If said breach has not been resolved within ninety (90)days after receipt of notice,then this Agreement shall be deemed terminated and both parties shall perform their respective obligations up to the date of such termination. G.Insurance 1723546.3 The parties agree to secure and maintain insurance coverage for any and all risks that may arise out of the terms,obligations,operations,and actions as set fortli in this Agreement,including but not limited to public entity insurance.The acquisition of insurance or the maintenance and operation ofa self-insured program may fulfill this insurance requirement;provided,however,that the unencumbered reserves available under any such self insurance program shall be equal to or greater than the required minimum coverage amounts set forth below.The parties to this Agreement shallexchangecertificates of insurance orself-insurance. General: Additional Insured:The County's insurance coverage and self-insured retention or deductible portions,except workers'compensation insurance,shall name,to die fullest extent permitted by law for claims arising out of the performance of the Law Enforcement Services included in this Agreement,the Town,its agents, representatives,officers,directors,officials and employees as Additional Insured as specified under die respective coverage sections ofthis Agreement. Coverage Term:All insurance required hereinshallbe maintainedin full force and effect until all Law Enforcement Services required to be performed under theterms of thisAgreementarc satisfactorily performed. Primary Insurance:County's insurance shall be primary insurance with respect to performance of the Law Enforcement Services includedin (his Agreement and in the protection ofTown as an Additional Insured. Policy Deductibles and or Self-Insured Retentions:The policies set fortli 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 Town. The County shall be solely responsible for any such deductible or self-insured retention amount. 2. Required InsuranceCoverage: Public Entity Liability:County shall maintain public entity liability coverage for bodily injury and property damage with an unimpaired limit of not less than $5,000,000 for each occurrence;no aggregate limit. The policy shall cover liability arising from premises/operations and personalinjury. Automobile Liability: The County shall maintain Business Automobile Liability insurance with a limit of $5,000,000 combined single limit each occurrence on County's owned,hired and non-owned automobiles assigned to or used in the performance of the Law Enforcement Services under this Agreement. c.Workers'Compensation Insurance:County shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statuteshaving jurisdiction of County's employees engagedin the performance of Law Enforcement Services under this Agreement and shall also maintain Employer's Liability Insurance of S2.000.000 for each accident.$500,000 diseaseforeachemployeeand$2,000,000 disease-policy limit. Cancellation.Material Changes and Expiration Notice:Insurance required herein shall not expire, be canceled,or materially changed without thirty (30) days'prior written notice to the Town. Limitationon Insured Liability. The County shallonly be liable forsuch claims, losses, damages or injuries that result from negligent actions or misconduct related to Law EnforcementServices by the Sheriffs Office ascontemplatedby thisAgreement. H.Indemnification 1723546.3 1.Mutual Indemnity. To the extent permitted by law and notwithstanding any liability insuranceor other conditions of this Agreement,each party hereby covenants and agrees to indemnify, defend and hold harmless the other party,its officers, employees, contractors and agents for,from and against all suits,actions,legal or administrative proceedings,claims, demands or damages of any kind or nature relating to tiiis Agreement which are the result of any act or omission of the party,its officers, employees,contractors,agents and/or anyone acting under its direction or control whether intentional or negligent,in connection withor incidental to this Agreement. 2.Sheriffs Office Actions. The Town shall not indemnify,defend or hold harmless the County, but the County shall indemnify the Town, for any suits,actions,legal or administrative proceedings,claims,demands or damages of any kind or nature brought against the County as a result of any act or omission of the Sheriffs Office which is causedorallegedto havebeen causedby the negligenceor misconduct of any member of (he staff of the Sheriffs Office or which occurs while any such staff member is performing Law Enforcement Services not directly related to this Agreement. The County shall pay, on behalf of the Town, all judgments,fines,penalties, interest on judgments,fines and penalties,or costs including attorney's fees,court costs, expert witness fees and discovery costs associated with a claim brought hereunder. The indemnity under this Agreement shall commence as of the Effective Date of this Agreement and shallcontinue in full forceand effect with respect to any and all actions, legalor administrative proceedings,claims,demands or damages of any kind or nature arising oul ofor relatingto this Agreement. Record Keeping and Audits 1.Required Records.The parties agree to maintain and furnish to eachothersuch records and documents pertaining to the Law Enforcement Services provided pursuant to this Agreement as may be required by applicable Federal and State laws,rules and regulations. 2. Audit.Each party,prior to conducting an audit,must give thirty (30)calendar days noticeto the other party.If the audit indicates that fees or billable items havebeen charged incorrectly,each party agrees tomake appropriate corrections and adjustments. J.Construction of Agreement 1.Superseding Prior Agreements.This Agreement replaces and supersedes any existing Agreement for Law Enforcement or Enforcement Communications Services between the two parties,(lie most recentbeing dial certain Agreement for Law EnforcementServices between the parties recorded August 7,2007 No. 2007-089024. 2.Severability.Every provision of this Agreementis andwillbe construed to be a separate and independent covenant.If any provision in this Agreement orthe application of the same is, to any extent, found to be invalid or imcnforceable, then the remainder of this Agreement orthe application of that provisionto circumstancesother thanthose to which it is invalidor unenforceable will not be affectedby that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permittedby law and the partieswill negotiatein good faith forsuch amendments of this Agreement asmay be necessary to achieve its intent,notwithstanding such invalidity or unenforceability. 3. No Waiver:No Accordor Satisfaction.The failure of eitherpartyto insistin anyone or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other or to take any action permitted asa resultthereofshallnot be construed as a waiveror relinquishment of the right to insist upon full and complete performance of the same or any otiicr covenantorcondition cither in the pastor inthe future.The acceptance by either party of sums less than any that may be due and owing at any time shall not be construed as an accord and satisfaction. 4.Entire Agreement This Agreementcontainsallthe terms andconditions agreed to by the parties.No other understanding,oral or otherwise,regarding die subject matter of this Agreement shallbe deemed to exist or to bind any of the partieshereto. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against (he State of Arizona,Maricopa County, or the Town of FountainHills in any Stateor Federal Court. 5. Governing Law. This Agreement shall be interpretedin accordancewith Arizona law. 6 Independent Contractors.Forpurposes of A.R.S.§31-121(d), the Sheriffs Office and its employees shall be consideredto be peaceofficers engaged as independent contractors, not as employees,of the Town while performing the responsibilities imposed by this Agreement. 7. Cancellation for Conflict of Interest.This Agreement is subject to the provisions of A.R.S.§38-511.(Cancellation of politicalsubdivision and statecontracts.) 8. E-Vcrifv. The parties mutually warrant that they are in compliance with A.R.S.§ 41- 4401 and further acknowledge that they and their subcontractors,if any,warrant their compliance with A.R.S. §41-4401,andall federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. §23-214,subsection A and shall keep a record of the verification for the duration of the employee's employment or at least three years,whichever is longer. 9.Scrutinized Business Operations.The panics certify that they do not have scrutinized business operations in either Sudan or Iran,perA.R.S. §35-391.06and 35-393.06. 1723546.3 II.SERVICES For Fiscal Year 2012-13,the Sheriffs Office shallprovideLaw Enforcement Services atthe level of patrol beats set fortli in the Worksheet (Exhibit A),attached heretoas and incorporated hereinby reference. For the remaining fiscal years during the InitialTerm, and forany Additional Terms, the level of patrol beats shall be as set forth in the then-currentWorksheet (Exhibit A) as agreed upon by the parties pursuant to Section III below. A.Sen ice Provision 1.Scone of Services.The County, by and through die Sheriff's Office,shall provide the Law Enforcement Services describedin this Agreement within the incorporated limits of the Town. The Sheriffs Office shallhave responsibility forinvestigating andenforcing certain Town code violationsthat directly impact public safety and that fall within the definition of Law Enforcement Services set forth above. The Town Manager and the District Commander shall establish between themselves the Sheriffs Office duties and responsibilities pertaining to the Town code violations, animal control issues and other local enforcement services dial fall within the definition ofLaw Enforcement Services. 2. ResponseTimes. Deputy response to calls for servicewill be providedtwenty-four (24) hours per day, seven (7) days per week.Pati'ol deputies shall be physically within the Town's jurisdiction.The level of contracted serviceprovidedforin thisAgreement shall allow management of dispatchanddeputy responsetimes forEmergency Priority 1 Calls as follows: a.Emergency Priority I Calls shall be answered within sixty (60) seconds. The dispatch time shallbe measured from the point at which the call is answeredto the time die dispatcher initiates radio notification to the deputy assigned to respond.Any dispatchtakingmore thansixty (60) seconds to complete shallbe documented, andreportsshallbe madeavailableto theTown upon request. b. Emergency Priority 1Callsshallhave a deputy on scene within five (5) minutes or less. Detail on Emergency Priority I responses taking longer than five (5) minutes to arrive on scene after dispatched will be furnished by the Sheriffs Office upon request from the Town. 3.Citation into Town Court.Misdemeanors,traffic infractions and civil violations occurring widiin the corporate limits of the Town shall be cited into the Town's Magistrate Court. B.Establishment of Service Priorities 1.Personnel Utilization. District personnel shallbe utilized in the most efficient mannerto meet the needs of the Town,asdetermined by the DistrictCommander. 2. Setting Priorities. The District Commander and die Town Manager or authorized designee shall meet at least once each quarterto establish priorities for the delivery of Law Enforcement Services as desired by the Town.Priorities shall be communicated tiirough the appropriate Sheriffs Office chain of command to the patrol units providing Law Enforcement Services widiin the Town's jurisdiction.The Town Manager and the District Commander shall meet as often as necessary on other occasions to ensure the highestquality overallprovision of Law EnforcementServices to theTown. 3. Criminal Activity Increases.If the Sheriffs Office,acting through the District Commander in consultation with the Town Manager, observes that criminal activity is dramatically increasing in the Town,the Sheriffs Office will temporarily deploy support 1723546.3 units as deemed reasonably necessary to suppress such activity.Increases and decreases in supplemental service will be supported by relevant crime data.Short term deployments of additional resources will be at no additional cost to the Town.Longer term deployments (in excess of three months)willbe subject to cost reimbursement via an amendment to this Agreement.Charges for additional services shall incorporate the same methodology described in Section IIIof this Agreement and shall be pro-rated as necessary.The parties agree and understand thai the length of timeto establish and hire new positions canbeup tosix (6)months. 4.Changes to Service Levels.Amendments to change the service levels in tliis Agreement shallbe made in accordance with Section I,Subsection E above. C.Maintenance of Sheriffs Substation At alltimes during theterm of this Agreement andany extension thereof,the Sheriffs Office shall maintain at least one substation facility within the corporate limits of the Town,at a location (or locations)mutually agreeable to the Sheriff's Office and the Town Manager.All deputies assigned to duties within the Town shall operate out of such substation(s).The Sheriff's Office obligations set forth in this Section may be satisfied by maintaining and utilizing space provided bytheTowninitsTown Hall Building. D. Community-Oriented Policing The District Commander shall ensure diat policies and procedures are in place and implemented within the corporate limits of Fountain Hills consistent with the philosophy of Community- Oriented Policing,which combines traditional aspects of law enforcement with preventive measures,problem-solving,Community engagement and Community partnerships. E. ChainofCommand and ResponsibilityforPerformanceStandards L Town Manager Responsibilities.The Town Manager or authorized designee is responsible for coordinating all Law Enforcement Services within the Town as well as conveying the wishes of the Town Council to the District Commander with respect to Law Enforcement Services.While the Town Manager or authorized designee shall have no chain of command authority to direct the operations of the deputies from theSheriffs Office,such authority being reserved to the Maricopa County Sheriffpursuant to Section II, Subsection E (2),below, the parties to this Agreement understand that the Town expects the Sheriffs Office to reasonably respond to its needs for Law Enforcement Services as communicated through the Town Manager or authorized designee.The District Commander shall,at all times,consider the request of the Town Manager or authorized designee with respect tothe implementation of Law Enforcement Services. 2.Maricopa County Sheriff Responsibilities.The Maricopa County Sheriff is solely responsible for the performance,evaluation discipline and movement of his deputies as well asother matters incidental to the provision of the Law Enforcement Servicesunder this Agreement.In theevent of a dispute between the parties regarding the manner of performance of such service,the determination madeby the Maricopa County Sheriff shall be final and conclusive. 3.District Commander Responsibilities.The Sheriffs Office shallassignto the Fountain Hills District a full time deputy, with the rank of Lieutenant or higher,who shall be designated the "District Commander" and who shall be responsible for the supervision and coordination of Law Enforcement Services by the Sheriff's Office within the Town. The Sheriffs Office will providethe Town Managerwith alist of candidates fromwhich to select the District Commander. The Sheriffs Office shall assign die District Commander to service within the Town for a term of at least two years and such 1723546.3 10 individual will not be reassigned except upon mutual agreement of theTown and the Sheriff's Office. 4.Deputy Assignment.The Sheriffs Office will,from timeto time,assign to the Town sufficient deputies to provide the Law Enforcement Services required by this Agreement. Staff will be assigned to the Town on a full-time basisand will work within the Town limits unless required to cross jurisdiction boundaries for pursuits,ongoing investigation of Town cases or odier temporary law enforcement emergency situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations.To the extent possible,the Sheriffs Office personnel who are selected for deployment to the Town will be required to make a two-year commitment to this assignment in the Sheriffs Office and shall remain deployed to the Town for such two-year period unless reassignment is requested by the Town Manager; provided,however,that the Sheriffs Office may transfer personnel,with prior notification totheTown Manager,when such transfer isinthebest interests of theTown and die Sheriffs Office. 5-Removal of Assigned Staff.The Town,acting through die Town Manager shall have the right to request in writing that any staff assigned to service within the Town by the Sheriffs Office be reassigned or otherwise removed from service within the Town. When such request is made,the Sheriffs Office shall comply as soon as reasonably practical,but in any case within no more than three weeks after such request is made. F. Reports and Information 1-Basic Reporting.This Law Enforcement Services Agreement is limited to law enforcement service delivery and the management thereof.The terms of diis Agreement provide for Basic Reporting as defined in Section I,Subsection A,above and illustrated in the sample provided in Exhibit B.attached hereto and incorporated herein by reference. 2*Information Requests.Requests for additional law enforcement service information by the Town will be in writing to the District Commander and responses will be limited to credible/verifiable information diat is readily available from the Sheriffs Records Management System (RMS),Computer-Aided Dispatch (CAD)System,and any other law enforcement information system that may be adopted by the Sheriffs Office during die term of this Agreement. 3.Financial/Administrative Information.Requests by the Town for financial and other administrative information that are not applicable to day-to-day law enforcement service will be in writinganddirectedto the Sheriffs Office Chief ofAdministration. HI.REIMBURSEMENT COSTS AND CHARGES A.Reimbursement for Law Enforcement Services L Worksheet to Determine Reimbursement Amount.The Town agrees to reimburse the Sheriffs Office for all Law Enforcement Services renderedas outlined in the attached Worksheet (Exhibit A)for the first year of this Agreement (July I,2012 through June 30,2013). 2.Annual Review of Costs.The reimbursement costs for this Agreement are reviewed and revised on an annual basis.The Sheriffs Office recognizes die Town's need to have information early for its budget and planning process.Therefore,the following schedule should be adheredto each year: 1723546.3 1] I723S46.3 a. By February 20 of eachyearthat falls withinthe term of thisAgreement,orany extension thereof,the Sheriffs Office will provide the Town and updated Worksheet (Exhibit A) with Law Enforcement Services charges forthecoming fiscal year. b. The Sheriffs Office, the County or die Town cannot arbitrarily change costs. Each annual worksheet proposal shall employ consistent methodology applicableto all Sheriffs Office contractcitiesandtowns. c.Unforeseeable and unavoidable cost increases effective with the coming fiscal year but unknown at the time of the February 20 issuance of Worksheet (Exhibit A), such as changes in retirement contribution rates,may only be passedthroughto theTown pursuant to an amendment to this Agreement. 3. Explanation of Excessive Increase.If the next year's amount is determined to be more thanthree percent(3%) higlierthan die totalamount due underthe then currentyear of this Agreement, a letter of explanation from the County outlining the increaseswill be required. Explanation of Charges The Sheriffs Office annual Worksheet (Exhibit A) shall be beat-drivenand preparedwith the following sections: I.Personnel Services. The methodology used for calculating Personnel Services is a direct cost recovery formula for actual services delivered and shall not be arbitrarilychanged. Personnel Costsaredeterminedusing FTE(full time equivalents). a. Compulation of necessary personnel forthis Agreement is as follows: 1 beat =7 day coverageperweek, 24 hoursperday with five (5) FTE deputies. The formula for staffing requirements (in addition to five (5) FTE deputies) per beat shall be: FTE Staffing Requirements* 0.50 Detectives 1 Beat 1.00 Sergeant for 9 Deputies 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat *The Town may request and fund additional supervisory,specialized deputies, and/or clerical positionsbeyond the beat-driven calculation.Such requests will be incorporated in Part 1,Personnel Services,of the Worksheet (Exhibit A). The Staffing Allocation Factor represents die basic staffing requirement (including required coverage and shift relief factors)in a single beat. The Staffing Allocation Factor is determined according to the time period of each postwithinabeat(i.e.24 hours perday,sevendaysperweekvs.eight hours per day,five days per week)onan organization-wide basis,which is then applied to all positions necessary to provide die Law Enforcement Services to theTown. The Staffing Allocation Factor tobe applied in diis Agreementis: 12 Starting Allocation Factor 24 hour / 7 day post 5.00 FTE 8 hour / 7 day post 1.67 FTE 8 hour / 5 day post 1.19 FTE b.Salary andBenefits shall be calculated by adding together the following: (i)Hourly Rate:The hourly rate will be the actual average hourly salary for the position (title)across the Patrol Districts according to payroll system data (ADP) from the first pay period ending in January of the then current fiscal year. Annual hours arc the established number budgetedhoursper full time positionby respective fiscal year. (ii)Variable Fringe Benefits:This percent is the most current applicable Employer's Retirement contribution Rate plus FICA/Medicarc at the time of Worksheet (Exhibit A)distribution,applicable to the hourly rate. (iii) Fixed Fringe/Workers Comp/Uncmployment:This is an average annual lump sum cost per employee forhealth andother non-retirement benefitsplus the employer'sworkers compensation andunemployment insurance contribution costs. (iv)Special Pay-Overtime and Shift Differential: Overtime and Shift Differential is an average cost per eligible FTE and is added to the salary and benefit costs. The cost is basedon actual expenditures of overtime and shift across the patrol districts from the previously- completed fiscalyear. 2. Supplies.Reimbursement for supplies and annual uniformexpense is an allocation per FTEbasedon supply expenditures in the Patrol districts from the previously-completed fiscal year. 3.Communications and Information Technology.Sophisticated andcostly information and communications systems arc used in everyday Sheriffs Office law enforcement operations.Costs for hardware,software,technology supplies,monthly service and/or connection fees and system maintenance are incorporated as direct and reimbursable expenses.Charges for Sheriffs Police Communications and Information Technology shallbe proportionate andbasedon the Town's portion of Sheriffs call and incident/calls for service volume and County police radiocommunications system cost shall be based on the number of system users. a. Dispatch: Incident/Call for Service volume for the Town shall be taken from the Sheriffs Computer-Aided Dispatch system and applied to estimated overall dispatchcosts forthe Patrol Districts. b. System Maintenance and User Support:These costs arc comprised of the Town's calculated share forapplicable information system use. desktop support, and data/information reporting, based on its percent of patrol service volume appliedto die overallpatrol'sshare forapplicableinformationsystems, desktop support,and data/information reporting. c.Wireless and Mobile Data Computing Charges: The annual total of monthly charges associated with the number of radios/MDC's and,when applicable, cell phones by FTE and dedicated patrol vchicle(s). 1723546.3 13 4.Vehicle Charges. a.The number of miles driven will be used to detennine charges for vehicle mileage,vehicle depreciation,and vehicle equipment depreciation. b. The number of miles driven will be estimated and will be used to determine charges for new additions to fleet resulting from new service initiation and Amendments for increases in service. c.Vehicle depreciation and vehicle equipment charges allow timely replacement of patrol vehicles using the County's vehicle replacement plan. d.Maintenance of vehicles isthe responsibility ofthe Sheriffs Office. 5. OtherEquipmentandOne-TimeCost Reimbursement. a. The Town will be required to fund one-time reimbursement for vehicles and patrol vehicle equipment purchased upon initiation of service and for any vcluctes and patrol vehicle equipment purchased to meet increases in levels of service authorized by Amendmenl(s)to this Agreement.Subsequent replacements shall be funded by the County as provided in Section HI, Subsections B (4)(b) and(c), above. b. The Town will be required to fund one-time reimbursement costs to equip deputies upon initiation of service and for deputies added to service by Amendment. These one-time cost items include:radios,laptop computers or mobile data terminals,lasers,bulletproofvestsandcell phones. c. The Town maybe required to fund replacement ofequipmentusedtoservicethe Agreement. Such replacement would generally be included in conjunction with the annual updating of Worksheet (Exhibit A)or by amendment to this Agreement, and must be agreedto by theTown. d. All one-time equipment items and replacement regardless of funding source, shallbe County propertysubjectto the following: (i) The Town shall have the option to purchase,at the time they are designated forretirement fromthe County fleet,any vehicles thatwere initially funded by the Town as one-time purchases.Such a purchase will requireBoardaction. (ii) In the event of earlytermination of this Agreement, or in the event ofa materialreduction in service,die Town may request transfer of vehicle ownership to the Town of any vehicle(s) originally purchased in conjunction with contracted law enforcement service delivery to die Town. All transfers ofownership requireBoardaction. (iii)Vehicles transferredwould be "as is," except in cases where removable enhancements,funded by the Sheriffs Office,can be used in other Sheriffs vehicles.Such enhancements would be removed and remain Comity property.The Town will be responsible forthetimely removal ofallCounty and Sheriffs Office markings. (iv) The cost to die Town of transferred vehicles would be SI .00 plus any title and licensing transfer fees. 1723546.3 14 (v) In the event of early termination of this Agreement, the Town may request a fair marketvaluecredit forits initialcashoutlay forvehicles or other one-time equipment items. Such requests would be coordinated through the Sheriffs Administration Command.Board actionwould be requiredand reimbursementswould take the form of a credit or credits in the final month(s)invoices. 6.Indirect Cost Recovery. The Sheriffs Office reserves the rightto addressindirectcosts (administrative overhead) via amendment to this Agreement if it is determined by the County that indirect costrecoveryis necessary.If adopted,indirect costrecoverywould be implemented in conjunctionwith anew fiscalyear.].-'',f..,^ C.Payment ''...,>'•*••'"''VS'4* 1.The Town agrees to pay the sum of $2,762,382.00 for all Law Enforcement Services renderedas outlined in the attached Worksheet (Exhibit A)forthe firstyear of the Initial Term (July I,2012, through June 30,2013),and at the rateagreedto by the parties(via the Worksheet) each year thereafter.Payment for Law Enforcement Services for each year of this Agreementwill be madein twelve (12)installments on amonthlybasisonor before the 20*day of each month,beginning with the first month of the Initial Term. 2. Payment for increases in Law Enforcement Services authorized by Amendment to this Agreement shall commence per the terms of die Amendment and shall be applied to regular monthly paymentsunless otherwisespecifiedby Amendment. 3. Payment to reimburse die initial purchase of one-time items described in Section III, Subsection B (5), above shallbebilled separatelyasone-time reimbursements. D.Cost of Incarceration Nodiing in this Agreement shallalter die financial responsibilities of the Town andthe County for the incarceration of prisoners arrested by (he Sheriffs Office in the performance of its responsibilities hereunder. [SIGNATURES ON FOLLOWING PAGE] 1723546.3 15 IV.Authorization and Signatures Fountain Hills has the authority to enter into this Agreement pursuant to A.R.S.§9-498 and §11-952,and the County has the authority to enter into this Agreement pursuant to A.R.S.§§11-951 ct scq. IN WITNESS WHEREOF,the parties hereto have entered into this Agreement asof the date of the last signature set forth below. MARICOPA COUNTY,a political subdivision of the TOWN OF FOUNTAIN HILLS,an Arizona State ofArizona municipal corporation BY:Mw^lv>^60^BY Max Wilson Date I Chairman.Boardof Supervisors Mayor ATTEST:ATTEST: MG 06 20U rarroll,Clerk of tlu>Board Date Bevclyn J.Ben M^ICOPA COJ^CfV^HERlFF'S OFFICE Joseph M. Arpaio.Sheriff Date In accordance wilh the requirements of A.R.S.§11-952(1)).the undersigned attorneys acknowledge that (i)they have reviewed ilic above Agreement on behalf of their respective clienls and (ii)as to their respective clienls only,each attorney has determined that this Agreement is in proper form and that execution hereof is within the rjjw;ers and authority granted under the laws of the State of Arizona. County Attorney MDatcDeputyCounty Attorney C-Zi-CL. Andrew"!McGuirc.TownAttorney Date 1723546J 16 1723546.3 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY {Cost Detail! See followingpages. BEATS Total Contract Costs Town of Fountain Hills MaricopaCounty Sheriffs Office Law EnforcementReimbursementCosts and Charges FY 2013 (July 1,2012 throughJune 30,2013) 3.80 M.-K13M Part 1.Personnel Services $2,497331 Annual Hours Budgeted 2088 Position FTE Hourly Rate Variable Fringe Rate HourlyPlus Variable Fixed Fringe $8904 +Wkrs Comp oiid Unemp$313 Annualized Patrol Beat Deputies 19.00 S24.58 32.78%$32.64 $9,217 $1,469,915 Detectives 3.03 $26.23 32.78%$34.83 $9,217 248.274 Sergeants 3.00 $33.72 32.78%$44.57 $9217 308.112 Lieutenants 1.22 S40.95 32.78%$54.37 $9,217 149,754 Captain 0.77 $49.77 32.78%$66.08 $9217 113,345 School Resource Officer 1.00 S24.58 32.78%$32.64 $9,217 77,364 Clerical Office Assistant 1.00 S13.03 17.75%$15.34 $ 9,217 41,253 Dispatcher (TCO)0.97 $1929 17.75%$22.71 $9.217 55,163 Sub Total Salary and Benefits S2.463.180 Staftlng Allocation Factor FTE Staffing Requirement's 24 hour/7day post 8 hour/7 day post 8 hour /5 day post 5.001 1.671 1.191 FTE FTE FTE 0.67 Detectives 1 Beat 1.00 Sergeant for 9 Deputies(Excep) 1.00 Lieutenantfor 18Deputies 1.00 Captain for 30Deputies 0.]4 Clerical for 1Beat (Excep) Special Pay Eligible FTEs Cost Overtime/Shift Differential 26.03 $1335 34,751 Sub Total Personnel Services $2,497,931 Part2.Surjpjics and Rent $50,926 Total Applicable FTE's 29.02 FTE Total minus Dispatch Supply Cost 735 Per applicable FTE 21,334 Ammunition 456 Per Sworn FTE 28.02 12.780 Uniform Allowance 600 Per Sworn FTE 28.02 16.812 Sub Total Supplies $50,926 Part 3.Communications and Information Technology (IT) Sworn FTEs Dispatch Costs (sec Pers.Svcs.) System Maintenance andUser Support Wireless and Mobile Data Computing (MDC)Charges Part 4.Vehicles and Equipment TOTAL MILES: 1723546.3 28.02 Located in Personnel Section 1.Above 38 J13 21259 Proportionate basedon Patrol Costs Monthly ChargesPerUnil by Sworn FTE 28.02& Vehicle (11) Sub Total Communications and IT 207,813 A-l SS9,S72 38,313 21259 $59,572 $153353 Vehicle Costwith Warranty $35,057 Vehicle life 115,000 miles Equipment Costs S 14,569 Equipmentlife 200,000 miles Crown Vic patrol vehicles Per Mile Rate Annual Miles Costs Mileage Rate S0.350 59,777 $20,922 $20,922 Vehicle Depreciation S0.305 59.777 $18,232 18.232 Equipment Depreciation $0,073 59,777 S4.364 4.364 VehicleCostwith Warranty Equipment Costs $ 36,407 Vehiclelife 150,000miles S 14,569 Equipment life 200,000 miles SUV patrol vehicles Per Mile Rate Annual Miles Costs Mileage Rate S0.430 148,036 $63,655 63.655 VehicleDepreciation S0.243 148,036 $35,973 35.973 Equipment Depreciation $0,073 148,036 $10,807 10.807 Sub Total Vehicles and Equipment S153,953 Part 5.One-Time Costs This section is reserved forcost reimbursement ofreplacement or new equipment items that have been identified as Necessary forLaw Enforcement Services delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Part6. Indirect Cost Recovery This section is reservedfor items identified byMaricopa County that are necessaryforfull cost recovery. When the methodology is determined,theAgreemait willbe amended andtherate willbe included in this section. Notice Date 2/15/2012 1723546.3 A-2 1723546.3 EXHIBIT B TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY [Report Format] See followingpages. Worksheet Exhibit B. MARICOPA COUNTY SHERIFFS OFFICE REPORT OF ACTIVITY Town of (Name of Contract Town) (DATE) For the time period of (Starting date)to (Ending date),the Maricopa County Sheriff's Office responded to calls for assistance or observed a total of (Number Input)situations requiring intervention or response.Of these service indicators,(Number Input)were deputy-initiated on-view activity and (Number Input)were citizen requests for service. The number of citizen calls for service and deputy-initiated on-view activity are provided as one indicator of the service level provided to your community.The activity indicators shown below provide other statistical data related to the activity of the (Name of Contract Town)deputies.The statistical crimedata listedbelowis notthe total number of incidents reported during this period. The following is a recap of certain service indicators in which the (Name of Contract Town)Deputiesresponded. PART 1:VIOLENT CRIMES Criminal homicide 0 Sexual assault 0 Robbery 0 Aggravated assault 0 Total Part 1 Violent Crimes:0 PART 1:CRIMES AGAINST PROPERTY Burglaries: Residential/business 0 Automobile 0 Stolen vehicle 0 Theft 0 Arson 0 Total Part 1 Property Crimes:0 TOTAL PART 1 CRIMINAL OFFENSES:0 1723546.3 B-l Worksheet Exhibit B. PART 2:OTHER CRIMES AGAINST PERSONS Other Assaults:0 Sexual Offenses:0 Total Part 2 Crimes against Persons:0 PART 2:PUBLIC DISORDER CRIMES Criminal Damage:0 Threats:0 DisorderlyConduct 0 Violations of Court Order:0 Trespass:0 WeaponsViolations 0 Total Part 2 Public Disorder Crimes:0 PART 2:DRUG AND ALCOHOL CRIMES Narcotic / Drug Violations:0 Alcohol Violations:0 Total Part 2 Drug and Alcohol Crimes:0 PART 2:WHITE COLLAR CRIMES Forgery:0 Fraud:0 Total Part 2 White Collar Crimes:0 TOTAL PART 2 CRIMINAL OFFENSES:0 ARRESTS (IN-CUSTODY) Homicide/Manslaughter 0 Assault/Endangerment/Resisting 0 Robbery 0 Domestic Violence 0 Threats 0 Burglary/Theft 0 Arson 0 Forgery 0 Narcotics 0 Disorderly Conduct Trespassing Criminal Damage 0 Traffic Violations 0 DUI 0 Alcohol Violations 0 Violation of Court Order/Warrants 0 Other: Total 0 1723546.3 B-2 Worksheet Exhibit B. ARRESTS (CITE AND RELEASE) Assault/Endangerment/Resisting Domestic Violence Threats/Weapons Violations Theft/Burglary Trespassing DisorderlyConduct Criminal Damage Traffic Violations DUI Alcohol Violations Narcotics Curfew Town Code Violations Heavy trucks/Illegal Parking Total ARRESTS/JUVENILE Total TRAFFIC CITATIONS Total ENFORCEMENT ACTIVITY RECAPS ENFORCEMENT ACTIVITY This Month Last Month Mo.LastYr. Criminal Arrests Criminal Citations Issued Driving Under Influence (DUI)Arrests Interviews Juvenile Referrals Traffic Arrests Traffic Violations Traffic Warnings Barking Dog Wamirms Issued False Alarm Warnings Issued 1723546.3 B-3 Worksheet Exhibit B. RESPONSE ACTIVITY RECAP PATROL RESPONSE ACTIVITY This Month Last Month Mo.Last Yr. Abandoned Vehicle Accidents/Non-injury (including private property) Accidents/Injury (including private property) Alarms:Burglar,Panic, Robbery Alcohol Violations Animal Problem Burglary Residential/Commercial Burglary Vehicle Citizen/Motorist Assist Civil Matter/Standby Code Violations Drunk Disturbing Fight-(Domestic Violence) Fight Injured/Sick Person Mentally 111 Speeding /Motorized Bike Disturbing Narcotics Neighbor trouble Patrol Watch Shooting Violation Suspicious Person/Vehicle/Circumstances Theft Threatening/Annoying/Obscene Calls Traffic Hazard Trespassing Welfare Check POSSE ACTIVITY IN YOUR COMMUNITY The Maricopa County SherifTs Posse provided (number)man-hours and logged (Number)miles on theirvehicles for the month of (Name Month). Community Patrol Special Events Business Watch hours hours hours Neighborhood Vacation Watch Traffic Control/Motorist Assist hours hours PrisonerTransport Total Posse Hours hours hours 1723546.3 B-4