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Home My WebLink About160218P��AINI,tji ,� ` CREVISED: 2/16/16 a n NOTICE OF THE EXECUTIVE AND MW REGULAR SESSION OF THE q��hat�i oo FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:00 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, FEBRUARY 18, 2016 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 durin2 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. z:\council packets\2016\rl60218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (1) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body, and (2) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (specifically, (i) the Morningstar project and (ii) the Park Place Development Agreement). 2. ADJOURNMENT. AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Deacon John LesCallett, Anglican Church of the Atonement ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION recognizing Jackie and Jerry Miles for their personal, professional, and financial contributions to the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) Presentation by MCSO Captain David Letourneau regarding law enforcement's use of body cameras and change in deputies' shift schedule hours. 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. z:\council packets\2016\r160218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 2 of 4 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 4, 2016. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion a fundraiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ from 10:00 AM to 10:00 PM on Thursday, March 17, 2016. 3. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Dancing Apache Ranch (Earl Arthur Petznick, Jr.) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affair, from 10:00 AM to 5:00 PM daily, from Friday, March 11, through Sunday, March 13, 2016. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Fountain Events, Inc (Sam Coffee) for the promotion a fundraiser to be held at Fountain Park, located at 12925 Saguaro Boulevard, Fountain Hills, AZ, in conjunction with the St. Patrick's Day Celebration, from 10:00 AM to 7:00 PM on Sunday, March 13, 2016. 5. CONSIDERATION of approving a BUDGET TRANSFER in an amount up to $1,500.00 from the General Fund to PREVENT for logistical support of the Fountain Hills Music Fest. 6. CONSIDERATION of approving a BUDGET TRANSFER in the amount of $20,000 from the Special Revenue Fund to the Tourism Fund relating to the grant received from the Arizona Office of Tourism (AOT). 7. CONSIDERATION of approving a COOPERATIVE PURCHASING AGREEMENT with PFM Asset Management, LLC, in the cumulative amount $67,200, for investment management services. REGULAR AGENDA ITEMS 8. CONSIDERATION of a REQUEST to place a plaque honoring Carlos Hadaway at the Fountain Hills Veterans Memorial or other town property location. 9. CONSIDERATION of RESOLUTION 2016-04, establishing the FOUNTAIN HILLS BUILDING SAFETY BOARD OF APPEALS, ADOPTING BYLAWS for its governance, and APPOINTING its members. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 11. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. z:\council packets\2016\r160218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 3 of 4 12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 13. ADJOURNMENT. DATED this 11ffi day of February, 2016. Bevelyn J. en er, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2016\rl60218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 4 of 4 ��AINI,tji REVISED: 2/16/16 a n NOTICE OF THE EXECUTIVE AND MW REGULAR SESSION OF THE q��hat�i oo FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:00 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY, FEBRUARY 18, 2016 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 durin2 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. z:\council packets\2016\rl 60218\1 60218a.docx Last Printed: 2/17/2016 6:31 AM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (1) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body, and (2) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (specifically, (i) the Morningstar project and (ii) the Park Place Development Agreement). 2. ADJOURNMENT. AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Deacon John LesCallett, Anglican Church of the Atonement ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION recognizing Jackie and Jerry Miles for their personal, professional, and financial contributions to the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) Presentation by MCSO Captain David Letourneau regarding law enforcement's use of body cameras and change in deputies' shift schedule hours. 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. z:\council packets\2016\r160218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 2 of 4 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 4, 2016. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion a fundraiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ from 10:00 AM to 10:00 PM on Thursday, March 17, 2016. 3. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Dancing Apache Ranch (Earl Arthur Petznick, Jr.) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affair, from 10:00 AM to 5:00 PM daily, from Friday, March 11, through Sunday, March 13, 2016. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Fountain Events, Inc (Sam Coffee) for the promotion a fundraiser to be held at Fountain Park, located at 12925 Saguaro Boulevard, Fountain Hills, AZ, in conjunction with the St. Patrick's Day Celebration, from 10:00 AM to 7:00 PM on Sunday, March 13, 2016. 5. CONSIDERATION of approving a BUDGET TRANSFER in an amount up to $1,500.00 from the General Fund to PREVENT for logistical support of the Fountain Hills Music Fest. 6. CONSIDERATION of approving a BUDGET TRANSFER in the amount of $20,000 from the Special Revenue Fund to the Tourism Fund relating to the grant received from the Arizona Office of Tourism (AOT). 7. CONSIDERATION of approving a COOPERATIVE PURCHASING AGREEMENT with PFM Asset Management, LLC, in the cumulative amount $67,200, for investment management services. REGULAR AGENDA ITEMS 8. CONSIDERATION of a REQUEST to place a plaque honoring Carlos Hadaway at the Fountain Hills Veterans Memorial or other town property location. 9. CONSIDERATION of RESOLUTION 2016-04, establishing the FOUNTAIN HILLS BUILDING SAFETY BOARD OF APPEALS, ADOPTING BYLAWS for its governance, and APPOINTING its members. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 11. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. z:\council packets\2016\r160218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 3 of 4 12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 13. ADJOURNMENT. DATED this 11ffi day of February, 2016. Bevelyn J. en er, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2016\r160218\160218a.docx Last Printed: 2/17/2016 6:31 AM Page 4 of 4 9_01NN OF FOUN'I.VX HILLS PR.00LAMATTON 'Whereas, Jackie and Jerry Mites are recognized for their tireCess efforts to help Fountain .Elitls grow and their personal; professional, and financial contributions are evidenced in almost every facet of our community; and `Whereas, the incubation of the Fountain 9- M& Community Center plan began during Mayor Jerry Mites' term, he initiated the major fund-raiser that furnished the River of Time Museum and developed and continues to be centraC to the River of Time Museum Foundation; and 'Whereas, The Fountain Hills Sister Cities program was established during Mayor Jerry Miles' term; Jackie Miles has served on the Sister Cities Committee and is the current President, and 'Whereas, FireRock, Eagle Mountain, and the CopperWynd developments were put into place, 11he Hillside Protection Ordinance, the temporary sign ordinance, anda. bed tax were approved during Mayor Jerry Miles' term; and Whereas, Fountain Park and the Avenue of the Fountains median were acquiredfrom MCO by the Town during Mayor Jerry Mites' term; and -Whereas, The Fountain HilCs PubCic Art coCCection is named "Milestones: -A Desert Odyssey through Public Art" to honor its founders, Jackie andJerry; and ^W&reas, Jackie Miles served on the Senior Services Board, the Community Center .advisory Commission, and initiated the in-home concerts program; and Whereas, Jackie Miles was the driving force for the 9,own's holiday lighting program and the annuatpoinsettia tree display; Now, therefore, I, Linda M. Xavanagh, Mayor of the glown of Fountain Mills, Arizona do hereby proclaim February 20, 2o16 as Jackie andJerry Mites Day in the Town of Fountain HiCls. DA'PED this 18l' day of February, 2oi6. �T AIN k _ 1. X. �gnggf _r11a or z � n 9'�rhat is A<�ti�� BB1i2l7f?2 � BG+ .d21' �o'N�n C`BY,E' t Meeting Date: 2/18/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 4, 2016. 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: Bevelyn Bender, Town Clerk 2/8/2016 Approved: <�. . vavtt, rady E. Miler, To ana r 2/9/2016 Page 1 of 1 Meeting Date: 2/18/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Supervisor of Recreation, 480-816-5135, rgoodwin@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ from 10:00 AM to 10:00 PM on Thursday, March 17, 2016. Applicant: Robert Putnam Applicant Contact Information: Property Location: � E. Sunflower Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Robert Putnam representing the American Legion Post 58, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): 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): Approve List Attachment(s): Application; SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Rachael Goodwin, Recreation pervisor 2/9/2016 Director's Approval: Mark Mayer, Community Services Director 2/9/2016 Appro d Grady Miff er, Town Wan ger 2/9/2016 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 2/3/16 Denied • Streets Division Building Safety Jason Field • Fire Department • Building Division Rachael Goodwin X • Community Services Development Services • Development Services • Law Enforcement Fire Department Dave Ott • Licensing FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staffs recommendation for approval (with or without stipulations) or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: American Legion Post 58 Applicant: Robert Putnam Date(s) of Event: March 17, 2016- 16837 Parkview Ave, Fountain Hills, AZ Date Application Received: 02/02/2016 Town Council Agenda Date: 2/18/2016 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Dave Ott x Law Enforcement Mark Fisher Licensing Sonia Kukkola Street Department Justin Weldy �( Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or H the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: American Legion Post 58 SECTION 2 Non-Profit/IRS Tax Exempt Number: 56 233744 SECTION 3 The organization is a: (check one box only) ❑✓ Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes [:]No American Legion Post 58 Name of Business 14073026 License Number 480-837-8673 Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑✓ Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ❑✓ Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? ✓❑On-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event: American Legion Post 58 Address of Location: 16837 E. Parkview Ave, Fountain Hills AZ 85268 Street City COUNTY State Ip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes✓❑No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: Putnam, Robert E. 12" • Last First Middle Date of Birth 2. Applicant's mailing address: • ' E. Sunflower Dr., Fountain Hills AZ 85268 Street city State Tip 3. Applicant's home/cell phone: • ' Applicant's business phone: ('$0 ) 837-5958 4. Applicant's email address 1/28/2016 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 14 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? E]Yes E]No (If yes, attach explanation.) 2. How many special event licenses have been issued to this location this year? One (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? ]Yes [:]No (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name American Legion Post 58 Percentage: 100% Address 16387 E. Parkview Ave, Fountain Hills AZ 85268 Street City State Tip Name Percentage: Address Street City State Tip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. what type of security and control measures will you take to prevent violations of liquor laws at this event? (list type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police 12/4 Number of Security Personnel[Z]Fencing RlBarriiers Explanation: Property is a building with a walled in patio. Building has two doors and two patio gates. All exits will have our volunteer members on three hour shifts. A total of 12 volunteers 4 per shift for 3 shifts. SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "'NON-CONSECUTIVE" DAY Date Day of Week Event Start license End Time AM/PM Time AM/PM DAY l: 3-17-2016 Thursday 10:00 am 10:00 pm DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 1/28/2016 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must tie completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. Parkview Avenue \ �Pl .pa&pg "IT 1_� - Z Az 4"-0A10L [Al THIS Fire Lane ./, PJ 0 0 Q American Legion. B Banquet Room Patio Car Wash r ColvIlvl'IcIr� CIA Bar Open Space American Legion UILL) 0 -Lounge Band Pit 44 - \A0000r , Fire Lane6T AW6 *Z131 14 Parking 11A110 45��7-7Yg IqZL D001 1 or i V �1 70" h SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. I, (Print Full NamFobert E. Putnam declare that I am the APPLICANT filing this application as listed in Section 9. 1 have re9d the application and the contents and all statements are true, correct and complete. Signature rifle/ PositionII Date Phone Number The foregoing instrument was acknowledged before me this F"—bI'Va z0I 6 Day Month Year State t'r A/,K l County of nu i :r KEITH MCCULLOU �1 A My Commission Expires on: S ; Notary Date ubhc % -State ofArizone ignature of Notary Public _ • �.� MARICOPA COUNTY SECTION 14 This section is to be completed only by the applicant I, (Print Full Name) Robert E. Putnam declare that I am the APPLICANT filing this application as lisfel in Section 9. I ve read the application and the contents and all statements are true, correct and complete. Signature Title/ Position Date Phone Number The foregoing instrument was acknowledged before me this 0- fcw '96 Day Montto Year State t l 70U'( County of My Commission Expires on: S Iz Z61� '� �'"�+ KEITH MCCUL Nota(V Puhijr -Rtt. � I -- /�;Z oOofNotary Pu cCWT EiVig.dl Date MARICOPA Please contact the local governing board fora t ona app d submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http://www.azliguor.gov/assets/documents/homepage docs/spec event links.pdf. SECTION 15 Local Governing Body Approval Section recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of I , (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 1/28/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. American Legion Post 58 16837 E. Parkview Ave. Fountain Hills, AZ 85268 480-837-5958 February 01, 2016 American Legion Post 58 in Fountain Hills, AZ agrees to suspend the existing liquor license and use the special event liquor license during the following date: March 17, 2016 ThakkYou� Bob Putnam -Commander �zAN�j TOWN OF FOUNTAIN HILLS TOWN COUNCIL yb FORM"AGENDA A TI N �t I '. Meeting Date: 2/18/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Dancing Apache Ranch (Earl Authur Petznick, Jr) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affair, from 10:00 AM to 5:00 PM daily, from Friday, March 11 through Sunday, March 13, 2016. Applicant: Earl Arthur Petznick, Jr Applicant Contact Information: 928-202-7738, 190 N. Dancing Apache Rd, Cornville, AZ, 86325 Property Location: Avenue of the Fountains, Fountian Hills, Arizona Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the Fair/Festival liquor license application submitted by Earl Authur Petznick, Jr representing Dancing Apache Ranch, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): 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): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Rachael Goodwin, R ,!!eption Supervisor 2/9/2016 Director's Approval: Mark Mayer, Community Services Director 2/9/2016 App�d: Grady Miller, Town a 2/9/2016 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 2/3/2016 Denied • Streets Division Building Safety Jason Field • Fire Department • Building Division Rachael Goodwin • Community Services Development Services • Development Services • Law Enforcement Fire Department Dave Ott • Licensing FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Dancing Apache Ranch Applicant: Earl Arthur Petznick, Jr Date(s) of Event: March 11-13, 2016 at Saguaro Blvd and Ave. of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affair. Date Application Received: 1/28/2016 Town Council Agenda Date: 2/18/2016 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field Community Services Rachael Goodwin Development Services Bob Rodgers Fire Department Dave Ott Law Enforcement Mark Fisher Licensing Sonia Kukkola Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 FOR DLLC USE ONLY License #: Date: Approved by: FAIR/FESTIVAL LICENSE APPLICATION A.R.S. §4-203.03 Farm Winery / A.R.S. §4-205.11 Craft Distillery A.R.S. §4-203.02 At Special Event A service fee of $25 will be charged for all dishonored checks (A.R.S. 44-6852). When the days of the fair/festival are not consecutive, a separate license for each uninterrupted period is needed. SECTION 1 Application type: ❑Wine Fair Wine Festival ❑Craft Distillery Fair ❑Craft Distillery Festival ].Applicant's Name: el'-A,111�1�uv �2►�lc-. ':f- Contact Phone #: 0� AT %% 37 2. Business name:OAnc 1 n b tAC K 0 914 `ar-k Liquor license Farm WKnery or Gaff DMIlery 3. Email: 4. Mailing address: At�d0 Nr0.y� r� •cow`// j. 4 04,n VI/le- -Z- 2StreStreet et ObD/� Address/ ll City 1 / state ,,,,vv�� Zip Code 5. Location of fair/festival: Mpo � � - - t cF - '4 (AAAry1S &4040W15F Man cepa =6F Street address City County Zip Code SECTION 2 Fees, Date & Hours: $15 per day Winery festival days permitted: 50 licenses per winery per calendar year for a total of 150 days per winery per calendar year. Craft Distillery festival days permitted: 25 licenses per craft distillery per calendar year for a total of 75 days per craft distillery per calendar year. Date 1. 3 /11 /,ZD/6 2. 3 l �a 120z6 3. 31�3�ao16 4. 5. 6. 7. Day of Week Start Time AM/PM 10:0() Atm 1015 AAA Please attach an ao%o d_hat sheet if necessary { July 25, 2014 page 1 of 4 Individuals requiring ADA accommodations please call 16021542-9027 End Time AM/PM 'DD PM 6!D& pM P00 pr i SECTION 3 Site Owner Information: 1. Site owner name: wr Dr fA�IYlYQtYI 1v'ldl$ Daytime Contact Phone #: Lia V~ OV� First Last 2. Site owner mailing address: 16705 f0kr1�Q!/�tS (OU4+41,0 N /71��s /7�i 2f4�sx Street address city state rip code 3. Email Address.- SECTION ddress: SECTION 4 To complete this application, all questions must be answered: 1. Have you received pe9YesE1 io n for use of the site for the sale/consumption of liquor from the site owner named in Section 3? No 2. Will the liquor y(Yes ell/serve be products only manufacture/produced at your licensed premises names in Section I? ❑ No 3. List the number of Fair/Festival licenses you have been issued in the current calendar year 4. List the number of days you have held a licensed Fair/Festival in the current calendar year 3 5. What security and control measures will you take to prevent violations of state liquor laws at this event? # of Police Officers on Site Fencing Yes [:]No # of Security Personnel on Site Barriers El Yes ❑ No 6. 1 am f miliar with and have read statues for Arizona's fair/festival privileges, requirements and penalties? (F Winery A.R.S. §4-203.03, Craft Distillery A.R.S. §4-205.11, either being held at a Special Event A.R.S. §4-203.02) am El No 7. I have taken resp Bible steps to ensure individuals operating the fair/festival licensed premises and employees who serve, sell or fur ish liquor at this fair/festival have knowledge of Arizona liquor laws (R19-1-302) Yes ❑No July 25, 2014 page 2 of 4 Individuals requiring ADA accommodations please call (602)542-9027 12/21/2015 Google Maps 2 Eq Ve ofthe FOtota II)S It pf!/7ta/SIS Cq ke ofthe xQU�ta Ins Google Maps 6 Cactus Casuals Barbara's Resale 8 William Shine - Ameriprise Financial... Discover Mobility Golf Cars 8 Hometown Dogs `Yt Fq��ofthe�oUnt ' d/hS • �Q SOFRITA Q gVeofth o �� F�Untal113 boot' Fountain Hills {� Artists Gallery All American Sports Grill z Eq�e °f the dlns EqVPofthe fio�nt a Bli)3 �a m� [led Mango 21 a Goe- °gle J m� Map data @2015 Google 100 ft L httpsJ/www.google.com/maps/@33.6037659,-111.7174235,18.27z 1/1 SECTION 6 This section to be completed only by the applicant named in section # 1 I�1tvcw�'� declare that I am the APPLICANT filing this application as listed in (Print Fu8 Name) Section 8. I have read t application and the contents and all statements are true, correct and Complete. C -- (S' ) Title/ Poslion D Phone # . - �' ' "The foregoing instrument was acknowledge before me this J'Q �TZ01 . Day Moth Yew State tZWG11%..j County of I JA I r7 My Commission Expires on: Dobe EVA SALAZAR Notary Public - Arizona Maricopa County :bmm. Expires Jun 5, 2017 The local governing body (city, town or municipality where the fair/festival will take place) may require additional applications to be completed and submitted. Please check with local government as to how far in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted. SECTION 7 Local Governing Body Approval Section (Government Officio!) (rte) recommend ❑APPROVAL ❑DISAPPROVAL on behalf of , (City, Town, County) Signature Date FOR DEPARTMENT OF LIQUOR USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: Phone # A.R.S. § 41-1030. Invalidity of rules not made according to this chapter: prohibited agency action; tarohibited acts by state employees; enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. July 25, 2014 page 4 of 4 Individuals requiring ADA accommodations please call (602)542-9027 Meeting Date: 2/4/2016 Agenda Type: Consent AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Fountain Events, Inc (Sam Coffee) for the promotion a fund raiser to be held at Fountain Park, located at 12925 Saguaro Blvd, Fountain Hills, AZ in conjunction with the St. Patrick's Day Celebration, from 10:00 AM to 7:00 PM on Sunday, March 13, 2016. Applicant: Sam Coffee Applicant Contact Information: 480-216-8238 Property Location: Fountain Park, 12925 N. Saguaro Blvd, Fountian Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Sam Coffee representing Fountian Events, Inc, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): 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): Applications SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Rachael Goodwin, Re rea n Supervisor 2/9/2016 Director's Approval: Cj Mark Mayer, Community berviceS Director /9/2016 App v Grady Miller, Tow n r 2/9/2016 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/16/2016 N/A • Streets Division Jason Field • Fire Department Community Services Rachael Goodwin X • Building Division Development Services Bob Rodgers • Community Services Fire Department • Development Services X • Law Enforcement Mark Fisher • Licensing Licensing Sonia Kukkola FR: i Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Justin Weldy Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Events, Inc Applicant: Sam Coffee Date(s) of Event: Sunday, March 13, 2016 at Fountain Park, in conjunction with the annual St Patrick's Day Celebration Date Application Received: 1/11/16 Town Council Agenda Date: 2/18/16 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field x Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Dave Ott X Law Enforcement Mark Fisher Licensing Sonia Kukkola Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. -11-16 P32:42 If! Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: Fountain Events, Inc. SECTION 2 Non-Profit/IRS Tax Exempt Number: 47-5271378 SECTION 3 The organization is a: (check one box only) ❑x Charitable DFrafernal (must have regular membership and have been in existence for over five (5) years) l7lReligious E]Civic (Rotary, College Scholarship) OPolitical Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? [Yes ENO Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. OPlace license in non-use ODispense and serve all spirituous liquors under retailer's license ❑x Dispense and serve all spirituous liquors under special event Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? DOn-site consumption MOff-site (auction) OBoth SECTION 7 Location of the Event: Fountain Park Address of Location: 12925 N Saguaro Blvd. Fountain Hills Maricopa AZ 85268 Street City COUNTY State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? DYes INo SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: Coffee Last Samuel 7W I Middle Date of Birth 2. Applicant's mailing address: �E La Montana Dr #207, Fountain Hills AZ 85268 Street City State Zip 3. Applicant's home/cell phone: - • , Applicant's business phone: (480) 216-8238 4. Applicant's email address: e 7/22/2015 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? [Tes ao (if yes, attach explanation.) 2. How many special event licenses have been issued to this location this ear? (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? E]Yes Eko (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Fountain Events, Inc. Percentage: 100 Address 17105 E La Montana Dr. #207 Fountain Hills AZ 85268 Street City State Zip Name Percentage: Address Street City State Zip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (list type and number of police/security personnel and type of fencing or control barriers, if applicable.) 2 Number of Police 6 Number of Security Personnel ElFencing 013arriers Explanation: Area will be enclosed by 6ft chain link fencing. Entrance and exit by two gates. Anyone wishing to consume alcohol will have their ID checked and a wrist band applied. No alcohol will be served to anyone not wearing wristband. ID checks will be performed by Pro -Em personnel SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. Date Day of Week DAY 1: 03/13/2016 Sunday DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM 10 am 7/22/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. License End Time AM/PM 7 pm SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. i 7/22/2015 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. Entry Gate Exit Gate ■ Beer Tent 115 Town Tent Porta -Pot! I Tables & Chairs Control Tent Ll Food Tents Light Tower ■ Generator 7, Tirkrjte 7/22/2015 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. Samuel D Coffee declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointing th applic t listed in Section 9, to apply on behalf of the foregoing organization for a Special Event Liquor Licens . X Chief Financial Officer 01/11/2016 (Signature) Trtle/ Position Date Phone # The foregoing instrument was acknowledged before me this Day Month Year State �,� C\-County of ona JOT MERLIN JON Ndg�rl�tfbRc�Sed My Commission Expires on: �� `� MARICOPA COU Date Signature of Not _ MY Corn bWslon 3 2018 SECTION 14 This section is to be completed only by the applicant named in Section 9. Samuel D Coffee declare that I am the APPLICANT filing this application as (Print Full Name) listed in Sect' n 9. av r the application and the contents and all statements are true, correct and complete. X 3 (Signature) Title/ Position ate Phone # The foregoing instrument was acknowledged before me this Day Month Year State County of MERLIN JONES My Commission Expires on: x%31 I d *iC,'opcou Date Signature of N )tT MY cafiRliMMID"s AWA 9, 2018 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http://www.azliquor.gov/assets/documents/homepage docs/spec event links.pdf. SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) on behalf of I I , (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action: prohibited acts by state employees, enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 7/22/2015 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. Meeting Date: 2/18/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving up to a $1,500.00 budget transfer from the General Fund to PREVENT for logistical support of the Fountain Hills Music Fest. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Staff has obtained $1,500 in generous donations to cover the direct cost of stage rental for the Fountain Hills Music Fest. This budget transfer will allow funds to be accessible for expenditure by staff. 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): Staff is recommending the approval of the transfer. List Attachment(s): SUGGESTED MOTION (for council use): Motion to approve a $1,500.00 budget transfer from the General Fund to PREVENT for the Fountain Hills Music Fest. Page 1 of 2 Prepared by: Rachael Goodwin, Recreatigr5 Nsor 2/9/2016 Director's Approval: ff Mark Mayer, Community Services Director 2/9/2016 App ov d: v Grady1 ler, Town ager 2/9/2016 Page 2 of 2 02/09/2016 10:55 TOWN OF FOUNTAIN HILLS BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION ACCOUNT LINE DESCRIPTION YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 2016 08 37 02/09/2016 STAGE 1 PREVENT 4601 P&R-COMMUNITY EVENTS 100-50-50-501-100-0330-4601- 2 SRAD 4401 SPEC REV -ADMIN 400-10-10-105-000-0710-4401- 3 SRAD 7010 SPEC REV -ADMIN 400-10-10-105-000-0710-7010- 4 PREVENT 6408 P&R-COMMUNITY EVENTS 100 -50 -50 -501 -100 -0330 -6408 - APPROVED: MAYOR PREV EFF DATE BUDGET SRC JNL-DESC ENTITY AMEND BUA MUSICFEST 1 7 SPONSORSHIPS STAGE FOR MUSICFEST GRANTS P 1 bgamdent BUDGET AMENDED CHANGE BUDGET ERR -10,000.00 -1,500.00 -11,500.00 02/09/2016 -1,468,341.45 1,500.00 -1,466,841.45 STAGE FOR MUSICFEST 02/09/2016 CONTINGENCY 1,466,341.45 -1,500.00 1,464,841.45 STAGE FOR MUSICFEST 02/09/2016 RENTS & LEASES 21,585.00 1,500.00 23,085.00 STAGE FOR MUSICFEST 02/09/2016 ** JOURNAL TOTAL DATE: 0.00 02/09/2016 10:55 TOWN OF FOUNTAIN HILLS BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF CLERK: BBogdan YEAR PER JNL SRC ACCOUNT ACCOUNT DESC EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC 2016 8 37 BUA PREVENT -4601 02/09/2016 MUSICFEST BUA SRAD-.4401 02/09/2016 MUSICFEST BUA SRAD-7010 02/09/2016 MUSICFEST BUA PREVENT -6408 02/09/2016 MUSICFEST P 2 bgamdent T OB DEBIT CREDIT 1,500.00 1,500.00 00 00 SPONSORSHIPS 5 STAGE STAGE FOR MUSICFEST GRANTS 5 STAGE STAGE FOR MUSICFEST CONTINGENCY 5 STAGE STAGE FOR MUSICFEST RENTS & LEASES 5 STAGE STAGE FOR MUSICFEST JOURNAL 2016/08/37 TOTAL 1,500.00 1,500.00 00 00 AIN�j TOWN OF FOUNTAIN HILLS k0 TOWN COUNCIL 90 v \ • AGENDA ACTION FORM that is ArVyora Meeting Date: 2/18/2016 Agenda Type: Consent Meeting Type: Regular Session 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 a BUDGET TRANSFER in the amount of $20,000 from the Special Revenue Fund to the Tourism Fund relating to the grant received from the Arizona Office of Tourism (AOT). Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): At the September 17, 2015, Council meeting, a transfer to the Tourism Fund of $6,658.55 was approved. The Tourism Fund had received a grant from the Arizona Office of Tourism in the amount of $26,658,55. When the budget was prepared, only $20,000 was anticipated to be received from the AOT. In order to allow for the expediture of the additional funds received, a budget transfer was needed. The transfer previously requested and approved only transferred the unanticipated amount of $6,658.55. Due to an oversight, the original $20,000 was not requested to be transferred. This request is to approve the original transfer amount of $20,000. Risk Analysis (options or alternatives with implications): Without this transfer, the Tourism program would not be able to expend the entire amount of the grant that was received Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): pp 96,113,266-268. 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): Budget Transfer Form Page 1 of 2 SUGGESTED MOTION (for council use): Move to approve BUDGET TRANSFER in the amount of $20,000 from the Special Revenue Fund to the Tourism Fund relating to the grant received from the Arizona Office of Tourism. Prepared by: NA 8/25/2015 Direct 's Approva11 raig Rudolphy, Finance Diredtor / A ro ed: f Grady E Miller, To anager 2/9/2016 Page 2 of 2 01/25/2016 14:02 TOWN OF FOUNTAIN HILLS p 1 BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2016 07 78 01/20/2016 AOT G5201 BUA FIX G5201 1 7 1 TOURAD 6410 G5201 TOURISM ADMINISTRATION ADVERTISING/SIGNAGE .00 20,000.00 20,000.00 320-50-50-506-100-0106-6410-G5201 G5201 AOT SPENDING AUTHORITY 01/20/2016 2 SRAD 7010 SPEC REV -ADMIN CONTINGENCY 1,466,341.45 -20,000.00 1,446,341.45 400-10-10-105-000-0710-7010- G5201 AOT SPENDING AUTHORITY 01/20/2016 3 TOURAD 4401 TOURISM ADMINISTRATION GRANTS -26,658.55 26,658.55 320-50-50-506-100-0106-4401- G5201 AOT GRANT REVENUE 01/20/2016 .00 4 TOURAD 4401 G5201 TOURISM ADMINISTRATION GRANTS .00 -26,658.55 -26,658.55 320-50-50-506-100-0106-4401-G5201 G5201 AOT GRANT REVENUE 01/20/2016 ** JOURNAL TOTAL 0.00 Z APPROVED: MAYOR DATE: 01/25/2016 14:02 TOWN OF FOUNTAIN HILLS P 2 BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF bgamdent CLERK: BBogdan YEAR PER JNL SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC 2016 7 78 BUA TOURAD-6410-G5201 ADVERTISING/SIGNAGE 5 20,000.00 01/20/2016 FIX G5201 AOT G5201 G5201 AOT SPENDING AUTHORITY BUA SRAD-7010 CONTINGENCY 5 20,000.00 01/20/2016 FIX G5201 AOT G5201 G5201 AOT SPENDING AUTHORITY BUA TOURAD-4401 GRANTS 5 26,658.55 01/20/2016 FIX G5201 AOT G5201 G5201 AOT GRANT REVENUE BUA TOURAD-4401-G5201 GRANTS 5 26,658.55 01/20/2016 FIX G5201 AOT G5201 G5201 AOT GRANT REVENUE JOURNAL 2016/07/78 TOTAL .00 .00 Meeting Date: 2/18/2016 Agenda Type: Consent Meeting Type: Regular Session 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 APPROVING a Cooperative Purchasing Agreement with PFM Asset Management, LLC in the cumulative amount of $67,200 for investment management services. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town Financial Policies, Investments Staff Summary (background): On December 2, 2010, the Town's investment policy within the financial policies was amended to allow for diversification of the Town's investment portfolio to other than the State's Local Government Investment Pool (LGIP) at the State Treasurer's Office. The cities of Goodyear, Surprise, Scottsdale and Arizona State University went through a competitive bid process for investment services and awarded the bid to PFM Asset Management LLC. The Town, through the use of cooperative purchasing langauge, also participated in that agreement. In early 2015, the City of Mesa solicitied bids for investment management services and awarded a contract to PFM Asset Managmeent LLC. The Town now wishes to utilize the Mesa contract to continue its relationship with PFM. PFM Asset Management will only invest in securities explicitly authorized by the Town's investment policy and has internal investment procedural controls in place to ensure that adopted Town Investment Policies are strictly adhered to. PFM Asset Management LLC is dedicated solely to investment services for government and public agencies. This new agreement contains the same fee structure as our current agreement. Risk Analysis (options or alternatives with implications): The annual rate of return on the State's Local Government Investment Pool (LGIP) for last fiscal year was 0.92%. It is anticipated that utilizing an outside investment firm the Town would realize an estimated $125,000 in interest earnings in the Town budget. Fiscal Impact (initial and ongoing costs; budget status): $15,600 annually Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Page 1 of 2 Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve the agreement with PFM Asset Management LLC for investment management services. List Attachment(s): Cooperative Purchasing Agreement between the Town of Fountain Hills and PFM Asset Management LLC SUGGESTED MOTION (for Council use): Move to approve the Cooperative Purchasing Agreement between the Town of Fountain Hills and PFM Asset Management LLC for investment management services. Prepared by: NA 8/25/2015 Director's Approval -.:-s I Craig Rudolphy, Finance Directpr 2/9/2016 Ap ved: rady E Miller,r wn Hager 2/9/2016 Page 2 of 2 Contract No. C2016-234 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PFM ASSET MANAGEMENT LLC THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of February 18, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and PFM Asset Management LLC, a Delaware limited liability company (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Mesa ("Mesa") entered into Contract No. 2015006, dated August 1, 2015, as amended by that certain Contract Amendment No. 1, dated November 1, 2015 (collectively, the "Mesa Contract"), for the Contractor to provide investment management services. A copy of the Mesa 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 purchase investment management services under the Mesa Contract, at its discretion and with the agreement of the awarded Contractor, and the Mesa 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 Mesa Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with investment management services, as more particularly set forth in Section 2 below (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 introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until July 31, 2016 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the Mesa Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Mesa Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year 2580606.2 term in writing (including any price adjustments approved as part of the Mesa Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide the Services under the terms and conditions of the Mesa Contract with the investment policies provided by the Town. 3. Compensation. For the Initial Term, the Town shall pay Contractor an aggregate amount not to exceed $6,000.00 for the Services at the unit rates as set forth in the Mesa Contract. Thereafter, for each subsequent Renewal Term, if any, the Town shall pay the Contractor an annual aggregate amount not to exceed $15,600.00 for the Services at the unit rates set forth in the Mesa Contract. The maximum aggregate amount for this Agreement, including all Renewal Terms, shall not exceed $67,200.00. 4. Payments. The Town shall pay the Contractor monthly for Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Mesa Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Mesa 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 Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to 2580606.2 2 comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E -verify Requirements. To the extent applicable under ARzz. REv. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARiz. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. 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 this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement and shall provide prompt written notice to Contractor in the event of any non -appropriation. 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 other than a failure to provide information of the availability of funds hereunder or to provide notice of an event of non -appropriation in accordance with the provisions hereof. 10. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Mesa 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 Mesa Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this 2580606.2 3 Agreement or under the Mesa 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 Mesa Contract, the Town shall be afforded all of the rights and privileges afforded to Mesa and shall be the "City" (as defined in the Mesa Contract) for the purposes of the portions of the Mesa 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 Mesa to the extent provided under the Mesa Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 13. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: GUST RosENFELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Contractor: PFM Asset Management LLC 1820 East Ray Road Chandler, Arizona 85225 Attn: Paulina Woo 2580606.2 4 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when de livered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 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 Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2016, before me personally appeared Grady E. Miller, 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 (Affix notary seal here) 2580606.2 5 "Contractor" PFM ASSET MANAGEMENT LLC, a Delaware limited liability company WE Name: Title: (ACKNOWLEDGMENT) STATE OF ) ss. COUNTY OF On , 2016, before me personally appeared the of PFM ASSET MANAGEMENT LLC, a Delaware limited liability company, 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 company. Notary Public (Affix notary seal here) 2580606.2 6 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PFM ASSET MANAGEMENT LLC [Mesa Contract] See following pages. 2580606.2 mesa az CONTRACT AMENDMENT Contract Number: 2015006 Contract Title: Investment Management Services Amendment Number: 1 Description of Change: Please note the following revisions. PFM Asset Management, LLC. does not accept purchasing cards as payment. Section 3.4 Availability of Funds. Add: The City will give Contractor prompt notification of any event of non -appropriation. Section 6.6 Insurance. Contractor's professional liability insurance policy does not contain a waiver of subrogation provision. The City agrees to waive this requirement. Section 6.8 c Insurance. Contractor does not have any company owned autos, therefore this does not apply. S1. Independent Contractor. Revise as follows: It is expressly understood that the relationship of Contractor to the City is that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees, including but not limited to health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose (except with respect to the purchase and sale of portfolio securities), including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S24. Indemnification/Liability, paragraph (a). Revise as follows: To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witness' fees, and expenses incident thereto, relating to, arising out of , or resulting from: (i) the wrongful performance, whether negligent or intentional, of the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. Current contract amount:......................................................................................... $201,000 Change Amount: ❑ Increase ❑ Decrease ® No Change ..................................... New contract amount: ............................................................................................................... ...................................................................................................................................... $201,000 Effective Date of Change: November 1, 2015 Acceptance: On behalf of the undersigned Contractor, I have given careful consideration to this Contract Amendment and hereby agree to the change(s) and that except as amended herein, all provisions of the Contract remain in full force and effect. PFM Asset Ma ement LLC: Signature L,2o� 5- -Ii 11/1/15 Printed Name Date Phone Number City of Mesa: Signature City Manager Designee Date 11/1/15 Page 1 of 3 2015006 Contract Amendment 1 CONTRACT AMENDMENT - ATTACHMENT 1 Exhibit A - Scope of Work. Add: Investment Advisor Provisions. (a) Services of Consultant. The City hereby engages Consultant (also referred to in this Agreement as "Contractor") to serve as investment advisor under the terms of this Agreement with respect to the funds described in this Agreement and such other funds as the City may from time to time assign by written notice to Consultant (collectively the "Managed Funds"), and Consultant accepts such appointment. In connection therewith, Consultant will provide investment research and supervision of the Managed Funds investments and conduct a continuous program of investment, evaluation and, when appropriate, sale and reinvestment of the Managed Funds assets. Consultant shall continuously monitor investment opportunities and evaluate investments of the Managed Funds. Consultant shall furnish the City with statistical information and reports with respect to investments of the Managed Funds. Consultant shall place all orders for the purchase, sale, loan or exchange of portfolio securities for the City's account with brokers or dealers recommended by Consultant and/or the City, and to that end Consultant is authorized as agent of the City to give instructions to the custodian designated by the City (the "Custodian") as to deliveries of securities and payments of cash for the account of the City. In connection with the selection of such brokers and dealers and the placing of such orders, Consultant is directed to seek for the City the most favorable execution and price, the determination of which may take into account, subject to any applicable laws, rules and regulations, whether statistical, research and other information or services have been or will be furnished to Consultant by such brokers and dealers. The Custodian shall have custody of cash, assets and securities of the City. Consultant shall not take possession of or act as custodian for the cash, securities or other assets of the City and shall have no responsibility in connection therewith. Authorized investments shall include only those investments which are currently authorized by the state investment statutes and the applicable covenants and as supplemented by such other written instructions as may from time to time be provided by the City to Consultant. Consultant shall be entitled to rely upon the City's written advice with respect to anticipated drawdowns of Managed Funds. Consultant will observe the instructions of the City with respect to broker/dealers who are approved to execute transactions involving the Managed Funds and in the absence of such instructions will engage broker/dealers which Consultant reasonably believes to be reputable, qualified and financially sound. (b) Pool Compensation. Assets invested by Consultant under the terms of this Agreement may from time to time be invested in (i) a money market mutual fund managed by Consultant or (ii) a local government investment pool managed by Consultant (either, a "Pool") or in individual securities. Average daily net assets subject to the fees described in this Agreement shall not take into account any funds invested in the Pool. Expenses of the Pool, including compensation for Consultant and the Pool custodian, are described in the relevant prospectus or information statement and are paid from the Pool. (c) Other Compensation. If and to the extent that the City shall request Consultant to render services other than those to be rendered by Consultant under this Agreement, such additional services shall be compensated separately on terms to be agreed upon between Consultant and the City. (d) Expenses. Consultant shall furnish at its own expense all necessary administrative services, office space, equipment, clerical personnel, telephone and other communication facilities, investment advisory facilities, and executive and supervisory personnel for managing the Managed Funds. Except as expressly provided otherwise herein, the City shall pay all of its own expenses including, without limitation, taxes, commissions, fees and expenses of the City's independent auditors and legal counsel, if any, brokerage and other expenses connected with the execution of portfolio security transactions, insurance premiums, and fees and expenses of the Custodian. (e) Registered Advisor; Duty of Care. Consultant hereby represents it is a registered investment advisor under the Investment Advisers Act of 1940. Consultant shall immediately notify the City if at any time during the term of this Agreement it is not so registered or if its registration is suspended. Consultant agrees to perform its duties and responsibilities under this Agreement with reasonable care. The federal securities laws impose liabilities under certain circumstances on persons who act in good faith. Nothing herein shall in any way constitute a waiver or limitation of any rights which the City may have under any federal securities laws. The City hereby authorizes Consultant to sign I.R.S. Form W-9 on behalf of the City and to deliver such form to broker-dealers or others from time to time as required in connection with securities transactions pursuant to this Agreement. (f) Consultants' Other Clients. The City understands that Consultant performs investment advisory services for various other clients which may include investment companies, commingled trust funds and/or individual portfolios. The City agrees that Consultant, in the exercise of its professional judgment, may give advice or take action with respect to any of its other 11/1/15 Page 2 of 3 2015006 Contract Amendment 1 CONTRACT AMENDMENT - ATTACHMENT 1 clients which may differ from advice given or the timing or nature of action taken with respect to the Managed Funds. Consultant shall not have any obligation to purchase, sell or exchange any security for the Managed Funds solely by reason of the fact that Consultant, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for itself or its own accounts. (g) Disciplinary Actions. Consultant shall promptly give notice to the City if Consultant shall have been found to have violated any state or federal securities law or regulation in any final and un -appealable judgment in any criminal action or civil suit in any state or federal court or in any disciplinary proceeding before the Securities and Exchange Commission or any other agency or department of the United States, any registered securities exchange, FINRA, or any regulatory authority of any State based upon the performance of services as an investment advisor. (h) Books. Consultant shall maintain records of all transactions in the Managed Funds. Consultant shall provide the City with a monthly statement showing deposits, withdrawals, purchases and sales (or maturities) of investments, earnings received, and the value of assets held on the last business day of the month. The statement shall be in the format and manner that is mutually agreed upon by Consultant and the City. (i) Brochure and Brochure Supplement. Consultant warrants that it has delivered to the City prior to the execution of this Agreement Consultant's current Securities and Exchange Commission Form ADV, Part 2A (brochure) and Part 213 (brochure supplement). The City acknowledges receipt of such brochure and brochure supplement prior to the execution of this Agreement. 11/1/15 Page 3 of 3 2015006 Contract Amendment 1 mesaaz AGREEMENT PURSUANT TO SOLICITATION City OF MESA CONTRACT NO. 2015006 City OF MESA, an Arizona municipal corporation ("City") Department Name: City of Mesa — Purchasing Department USPS Address: P.O. Box 1466 Mesa, AZ 55211-1466 Delivery Address: 20 E. Main St., Suite 400 _. _ Mesa, AZ 85201 Attention: Sharon Brause, Senior Procurement Officer Telephone: (480) 644-2815 Facsimile: (480) 644-2655 Email: Sharon.Brause@MesaAZ.gov AND company USPS Address: 1820 'i 18 M I 0 ESRay RoadAGEMENT LLC - - Chandler, AZ 85225 Delivery Address: 1820 E. Ray Road Chandler, AZ 85225 Attention: Lauren Brant, Managing Director Telephone: (855) 885-9621 Facsimile: (855) 885-9622 Email: BrantL@pfm.com Page 1 of 22 City OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement ("Agreement") pursuant to a solicitation is made and entered into this day of July , 2015, by and between the City of Mesa, Arizona, an Arizona municipal corporation (gtj"), and PFM Asset Management, a(n) LLC ("Contractor"). The City and Contractor are each a "Party" to the Agreement or together are "Parties" to the Agreement: RECITALS A. The City issued Solicitation 'Number 2015006 ("Solicitation") on May 18, 2015 for INVESTMENT MANAGEMENT SERVICES, to which Contractor provided a response ("Response'); and B. The City selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the services/ materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties ,agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term of three (3) years beginning on August 1. 2015 and ending on July 31, 2018. The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions agreed upon by the Parties in accordance with this Section 1. 1.1Renewal. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum extension period of two (2) one (11 year terms. Any renewal will be a continuation of the same terms and conditions as in effect' immediately prior to the expiration of the then -current term. 1.2 Extension for Procurement Processes. Upon the expiration of the initial Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a Contractor to provide the services/materials provided under this Agreement, The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then -current term. 2. Scope of Work. During the Term of the Agreement, Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of. Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. Page 2 of 22 3. Payment. 3.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit_B ('Pricing / Fees') in consideration of Contractor's performance of the Scope of Work during the Term. Contractor acknowledges the City may, at its option and where available: (i) use a MasterCard Procurement Card to 1place and make payment for orders under the Agreement; and (ii) use the Internet to communicate with Contractor and to place orders as permitted under this Agreement. 3.2 Invoices. Payment will be made to Contractor in the mannerdescribed in Exhibit B following the City's receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice must contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or deliver; g. Description of services provided; h. Total amount due. 3.3 Payment of Funds. Payment will be made to Contractor by either: (i) Purchase Order when Contract Amount will be paid to Contractor as a one-time payment; (ii) Direct Order off of a Master Agreement when multiple payments totaling the Contract Amount will be made to Contractor; (iii) a MasterCard Procurement Card; or (iv) as, otherwise stated in Exhibit B. 3.4 Availability of Funds. a. The City's payment of any funds to Contractor under the Agreement is contingent upon the availability of funds by the City for disbursement as described in the Mesa Standard Terms and Conditions S.21 that is attached to the Agreement as Exhibit C. The City is the sole judge and authority as to the availability of funds under the Agreement. b. If any action is taken by any state or federal agency, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations that in any way affect the Agreement, the City may amend; suspend, decrease, or terminate its obligations under the Agreement. The City will provide written notice of the effective date of any suspension, amendment, or termination based upon the availability of funds at least ten (1'0) days in advance; any payment to Contractor based on such suspension or termination will be paid in accordance with the Mesa Standard Terms and Conditions S.22 that is attached to the Agreement as Exhibit C. 3.5 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction Page 3 of 22 4. J 6. which maybe, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. Cooperative Purchasina. The City participates in cooperative purchasing with other governmental entities as set forth in the Mesa Standard Terms and Conditions S.38 that is attached to the Agreement as Exhibit C. If Contractor does not wish to allow access to the Solicitation and the Agreement by other governmental entities for a cooperative purchase, Contractor must have stated so in its Response. In the absence of a statement to the contrary in the Response, the Parties agree that it is assumed that Contractor wishes to grant other governmental agencies access to the Solicitationand the Agreement for cooperative purchasing. Requirements Contract. Contractor acknowledges and agrees that the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable ,period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. Insurance. Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section from insurance companies authorized to do business in the State of Arizona; the insurance must cover all operations and services performed by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, "representatives, officials, volunteers,' officers, elected officials, and employees as additional insureds, as evidenced by providing an additional insured endorsement. 6.1 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit the indemnity promise(s) contained in the Agreement. 6.2 City does not warrant that the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of the performance of the Scope of Work under the Agreement by Contractor, ,its, agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 6.3 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement including any warranty periods. 6.4 Prior to the execution of the Agreement,' Contractor will provide City with a Certificate of Insurance (using an appropriate ACORD certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of Page 4 of 22 the policies, endorsements, or notices relating thereto that are required under the Agreement. 6.5 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder, Contractor agrees that no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.6 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials; and employees for any claims arising out of the work of Contractor. 6.7 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. 6.8 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: a. Worker's compensation 'insurance in accordance with the provisions of Arizona law. IF CONTRACTOR OPERATES WITH NO EMPLOYEES, CONTRACTOR MUST PROVIDE WRITTEN PROOF TO THE City HE/SHE HAS NO EMPLOYEES. IF EMPLOYEES ARE HIRED DURING THE COURSE OF THIS AGREEMENT, CONTRACTOR MUST PROCURE WORKER'S COMPENSATION IN ACCORDANCE WITH THE PROVISIONS OF ARIZONA LAW. b. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $3 million per occurrence/$5 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insuredendorsement. c. Automobile liability, bodily injury and property damage with a combined single limit of $1 million including owned, hired and non -owned autos. d. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence Professional Liability insurance and/or Errors and Omissions. e. The Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statute. 7. Notices. All notices to be given pursuant to the Agreement will be delivered to the addresses listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions S.40 that is attached to the Agreement as Exhibit C. Page 5 of 22 8. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that: a.Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or proprietary or other right of any third party; C. Contractor will not use in the performance of Contractor's' responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 9. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though, fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions. 10. Counterparts and Facsimile or Electronic Sianatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 11. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. 12. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party. 13. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carryout the purpose and intent of the Agreement. Page 8 of 22 14. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits._ PFM ASSET MANAGEMENT, LLC. Signature: Title: 8llz f c o Printed Nam 'O City of Mesa, an Arizona municipal orporation Signatu Title: X02 t �S le6i Printed Name: d& Exhibit List A. Scope of Work B. Pricing / Fees C. Mesa Standard Terms & Conditions Page 7 of 22 EXHIBIT A SCOPEOF WORK 1. PROJECT MISSION. The City of Mesa is dedicated to providing superior services to its customers in order to improve the quality of life for Mesa residents, businesses and visitors. The City is looking for Contractors who share that dedication and will help the City meet that goal 2. BACKGROUND. The size of the City's investment portfolio is approximately $336 million. A copy of the current investment, policy is Appendix A attached. The City expects its Investment Firm to be highly experienced, a leader and innovator in the management of investments, and be able to provide comprehensive investment advisory and portfolio accounting services. 3. SCOPE OF WORK. Specific responsibilities of the Investment Firm shall include, but not be limited to the following: a) The Firm, and its affiliates, are restricted from selling to City, or buying from the City, any securities to or from that Firm's own inventory or account. The Investment Advisor shall act solely in a fiduciary capacity and shall not receive any fee or compensation based upon the purchase or sale of securities but, rather, the Investment Advisor will be compensated pursuant to the provision of its contract with the City. b) Manage, on a daily basis, the City's separate investment portfolios pursuant to the specific, stated investment objectives. Place all orders for the purchase and sale of securities, communicate settlement information to City's staff and coordinate security settlement. c) Serve as a (general resource to the City's staff for information, advice and training regarding investments. d) Work with City staff to understand cash flow projections to 'ensure that the investment strategy is consistent with City's liquidity requirements. e) Provide monthly statements with all the information required by Governmental Accounting Standards Board (GASB). These reports must include a mark -to -market valuation. The selected investment manager must maintain accurate reports of investments including the diversity of investments and compliance with applicable investment policies of City and Arizona Revised Statutes. f) Provide monthly and quarterly investment reports including a description of market conditions, investment strategies employed performance and suggested changes to investment strategy. The performance numbers shall be presented as required by the CFA Institute's "GIPS," g) The Investment Advisor WILL NOT provide custodial services or security safekeeping. 4. MINIMUM QUALIFICATIONS. To be considered by the City, Investment Firm must: a) Currently manage at least $10 billion of domestic fixed income assets for public entities. Assets for which periodic (daily, monthly or quarterly) advice is provided should be excluded from the calculation of funds under management. As of March 31, 2015, PFM Asset Management LLC ("PFMAM") had $90.1 billion in total fixed-income assets, including $51.6 billion in discretionary assets under management and $38.5 billion in non -discretionary assets under advisement.' 'includes assets for non-public entities; however, the vast majority are public entities. Page 8 of 22 EXHIBIT A SCOPE OF WORK b) Manage a minimum of twenty (20) portfolios comprising local agency assets. As of March 31, 2015, PFMAM managed 980 portfolios for local agencies, including 22 portfolios comprising local agency assets in Arizona alone. c) Firm must be familiar with all applicable statutes with regard to qualified investments for public entities. As of March 31, 2015, PFMAM managed 980 portfolios for local agencies, including 22 portfolios comprising local agency assets in Arizona alone. d) Be registered with the Securities and Exchange Commission under the Investment Advisor's Act of 1940. PFMAM is an SEC -registered investment advisor under the Investment Advisers Act of 1940 (the "Act"). e) 'Be financially solvent and appropriately capitalized to be able to provide service for the duration of the contract. As demonstrated in the audited financial statements of our holding company, PFMAM is financially solvent and appropriately capitalized to provide investment advisory services to the City of Mesa (the "City"). The PFM Group of companies has been consistently profitable during its history, and we expect all components to be profitable again this year. f) Provide verification of Errors & Omissions insurance coverage of at least$1 million. PFMAM's certificates of insurance are included. g) Adhere to the Code of Professional and Ethical Standards as described by the CFA Institute. We adhere to national industry standards of professional and ethical codes of conduct, maintaining an internal Code of Ethics (the "Code") in accordance with SEC Rule 204A-1 promulgated under the Act. Those employees who hold the Chartered Financial Analyst ("CFA") designation are subject to the Professional and Ethical Standards of the CFA Institute_ 5. ASSETS UNDER MANAGEMENT. Firm must: a) Provide the total dollar amount and percentage managed (exclude accounts for which FIRM's service is 'providing periodic oversight or advice) for each of the following categories: public agency (excluding retirement funds), corporations, and other. Page 9 of 22 EXHIBIT A SCOPE OF WORK *Includes pooled assets. ** Includes healthcare and self-insurance entities. ***Includes union, insurance, and education -related entities. b) For portfolios whose durations exceed one (1) year, provide the percentage of assets under management for FIRM's latest reporting period using the table below. Security Type Amount [%) U.S. Treasury Securities 43.6% Managed PercentAmount ?Ype of Client ($ Billions) as of Market Value Public Agencies* 3131115 $49,097,643,985 87% Retirement Funds (Pension/Other.Post- $3,169,674,166 6% Employmentym Benefits " OPEB' Non -Profit Organizations $3,108,529,780 6% Corporations** $397,706,547 0% High Net -Worth Individuals N/A Other*** $452,647,420 1% Total $56,226,201,898 100% *Includes pooled assets. ** Includes healthcare and self-insurance entities. ***Includes union, insurance, and education -related entities. b) For portfolios whose durations exceed one (1) year, provide the percentage of assets under management for FIRM's latest reporting period using the table below. Security Type Amount [%) U.S. Treasury Securities 43.6% Federal Obligations 30.3% Corporate a AAA -AA 8.9% a A 6.9% ® BBB* 0.1% Other** 10.2% *Allocationsarebasedonratings byStandard&Poor's.Thesecurities comprising the "Corporate BBB or lower" category carrya rating of A- or higher by either Moody''s Investor Services or Fitch Ratings ** Includes commercial paper, negotiable certificates of deposit (`NCD ), asset-backed securities ('ABS'), CD's, municipal obligations, agency mortgage-backed securities ("MBS'); and supranationals. As of March 31, 2015. c) Has FIRM ever purchased a security for a client that was downgraded below BBB- during the period it was held? If yes, please list the security(ies), its lowest rating while held by a client, and FIRM's recommendation to the client for addressing the downgrade. No. d) Has FIRM ever purchased a security for a client that defaulted while it was held in their portfolio? If yes, please list the security(ies) and how the Firm addressed the default. No. Page 10 of 22 EXHIBIT A SCOPE OF WORK With more than $51.6 billion in fixed-income assets under management and a strong long-term management track record, PFMAM is a leadingprovider of independent investment advisory services to public entities, like the City, and other similar institutional investors such as counties, special districts, and higher education entities. Sector and State -Focused Assets Under Management Experience As of March 31, 2015 PFMAM specializes in managing the short and intermediate-term, fixed-income assets of public agencies. We have consistently achieved our clients' objectives, and we attribute our success to the following; • Our focus on the short/intermediate market and on public funds management; • Communication with clients; • Understanding of our clients' investment programs, including cash flows and risk tolerances; • Our ability to assess and act quickly to market innovations; • The breadth of our market research and competitive shopping; • Our proprietary, customized analytic tools; • Ability to restructure a portfolio when market opportunities arise or client cash needs change; and • Experience of our professionals. City of Mesa Specific Experience Inherent in our investment management approach is the belief that each investment program should be built to meet the unique challenges facing an individual entity. A hallmark of our relationship with the City over the last five years has been constant communication with staff to ensure that the City's strategy is tailored to meet both its very specific cash flow requirements and to maximize investment opportunities. The market environment since 2010 has been particularly challenging, and we have been proactive in evaluating longer-term opportunities while being mindful of potentially higher rates. Below are some of the ways we have worked closely with the City to add value to its investment program. Page 11 of 22 EXHIBIT A' SCOPE OF WORK • Performed extensive and ongoing cash flow analyses to identify "core" funds to extend the average maturity of the portfolio and seek to generate significantly higher returns on balances that are not needed for near-term liquidity. • Consistent returns for the City through active portfolio management. Since 2010, the portfolio has generated approximately $5;142,3302 in earnings net-of-fees,while generating performance in-line with the established One- to Three-year Treasury Index total return benchmark. • Developed a customized cash flow model, monthly Investment Committee report, and quarterly Council report. • Worked with the City to update guidelines for the portfolio to mirror Arizona Revised Statutes. • Facilitated the Request for Proposal ("RFP") process to rebid the City's banking relationship in 2014. PFMAM has 196 professionals, as of March 31, 2015, who are dedicated to actively managing and supporting the management of $56.2 billion in fixed-income operating funds, capital funds and reserves, and bond proceeds primarily for public agencies. The following table provides a breakdown of PFMAM's professionals by classification: Group Employees Client Management 106 Trading/Portfolio Management/Investment Research 25 Compliance/Legal 7 Accounting 23 Communications/Research 8 Operations 22 Administration Staff 5 Total 196 PFMAM is an SEC -registered investment advisor under the Investment Advisers Act of 1940. PFMAM does not act as a broker or primary securities dealer, nor do they receive any compensation for client transactions other than the direct management fee paid by clients. PFMAM does not accept soft dollar arrangements. PFMAM does have a subsidiary that is a limited -purpose broker/dealer. They do not trade for individual client accounts through this broker/dealer or receive any commissions through this subsidiary and the broker/dealer holds no securities in inventory. This subsidiary would have no role in their management of the City's portfolio. They adhere to applicable national industry standards of professional and ethical codes of conduct, maintaining an internal Code in accordance with SEC Rule 204A-1 under the Act. z Earnings represent accrual earnings net -of -fees billed to the City Page 12 of 22 EXHIBIT A SCOPE OF WORK Many of PFMAM's investment personnel currently hold or are pursuing the CFA designation. As such, they are subject to both the CFA Institute's Code of Professional and Ethical Standards as well as PFMAM's standards of ethical and professional conduct. PFMAM's formal internal Code embodies common principles of integrity, care, and professionalism and is applicable to all of our employees. Every employee is expected to maintain the highest ethical standards, to embody a business culture that supports actions based on what is right rather than on what is expedient, to deal fairly with customers and one another, to protect confidential information, and to seek guidance about ethical questions. More specifically, with respect to advisory activities, the Code requires that whenever our personnel act in a fiduciary capacity, we consistently put the client's interest ahead of the firm's. The Code requires that we disclose actual and potential meaningful conflicts of interest and will manage actual conflicts in accordance with applicable regulatory and legal standards. Their Compliance Group monitors and audits compliance with the requirements set forth in their Code of Ethics. PFMAM will continue to offer services that meet and exceed all of the requirements listed in the City's Scope of Work. As a resource to the City on all investment -related matters, they will continue to provide investment policy guidance, proactive market analysis, active portfolio management, detailed reporting on investments and compliance, ongoing communications from senior strategists, and staff training. Key ways they, have enhanced the City's portfolio include: 1) safeguarding the City's assets at all times, 2) developing an investment strategy to help the City optimize the investment of its liquid and core funds, 3) providing an extensive cash flow analysis on a monthly basis to optimize short - and long-term investments, 4) seeking to enhance returns for the City through active portfolio management, and 5) performing administrative and reporting functions for the portfolio to free up staff time to focus on other projects. PFM will continue to work closely with the City to formulate and implement specific investment strategies to accommodate the City's diverse capital needs, such as the economic, community, and infrastructure initiatives outlined in the City's "This is My Mesa: Mesa 2040 General Plan" and provide liquidity to meet on-going obligations and debt service payments. Additionally, they will continue to manage the intricate and time consun-ng trade execution process from competitively shopping broker inventories to arranging settlement of securities with the custody bank and generating the documentation for the City's recordkeeping so that City staff remains free to manage other responsibilities. There will be no lag time in ,implementing any changes to the investment strategy. PFM will continue to provide informational resources to the City's staff, hold monthly investment meetings, attend Council meetings as requested, and maintain frequent day-to-day communication. PFMAM's investment advisory approach would continue to emphasize a ,close working relationship with the City, supported by PFMAM's breadth of resources, including experienced portfolio managers, dedicated fixed-income research analysts, and state-of- the-art trading and accounting systems. Outlined below is our approach to continue providing the City's Scope of Work. Page 13 of 22 EXHIBIT B PRICING / FEES In acknowledgement of the significant growth of the City's investment program from $25 million to $335 million over the last five years, PFMAM proposes the following fee schedule with additional breakpoints at the higher asset tiers. 9 basis points (0.09%) per year on the first $100 million of assets under management. 6 basis points (0.06%) per year on assets between $100 million and $200 million under management. 4 basis points (0.04%) per year on assets between $200 million and $300 million under management: 3 basis points (0.03%) per year on assets that exceed $300 million under management. The program has advanced over the last five years both in size and complexity through the partnership between the City and PFMAM. PFMAM believes that the proposed fee schedule recognizes both the City's trust and commitment as well as the unique quantitative and qualitative resources that PFMAM brings to the relationship. PFMAM will consider any compensation structure that the City feel will provide fair value for both parties, including a performance-based fee. PFMAM would bill the City monthly based on the average assets under management for the month. This fee schedule covers all of normal costs, but does not include any additional services beyond our Scope of Work for this engagement (e.g.,' the procurement of structured investment products and arbitrage rebate compliance services). The fees listed above represent the only compensation PFMAM will receive for this engagement. PFMAM does not participate in any "soft -dollar" or third -party agreements that could compromise the objectivity of our advice. The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the proposal prices. Vendors who will be charging a Mesa Transaction Privilege Tax (TPT) will have 1.75% removed from the taxable item(s)'for the purpose of award evaluation (i.25). Payment terms (not less than net 30 days): 30 days Prompt Payment Discount of 0 % if invoices are paid within 0 days of receipt. Does Respondent agree to honor the prices, terms and conditions to other agencies as specified in section S.38? Yes No (A "no" answer will not disqualify your bid.) Will you allow payment of invoices using a Procurement Card? Yes No Discount for Procurement Card Purchases? % Respondent complies with S.9 "Compliance With Applicable Law"? _Yes No ADDENDA Proposers are responsible for verifying receipt of any addenda issued by checking the City's website at www.mesaaz.00v/purchasing prior to the bid opening (see i.2): Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda #1 Page 14 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS S.1 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.2 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written' permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.3 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. SA SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.5 NO THIRD PARTY BENEFICIARIES'. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.6 NON -EXCLUSIVITY. The City; in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.7 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing; in advance, by the City and Contractor. S,8 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. S.9 COMPLIANCE WITH APPLICABLE LAWS. a. "General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances; and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all 'Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, Page 15 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States.' (i) As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration Warranty"). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 at seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City.. S.10 SALESIUSE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required, if any taxing authorityshould deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. Page 16 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. S.11 AMOUNTS DUE THE City. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.12 PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona'spublic records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process, S.13 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. S.14 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.15 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.16 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of Page 17 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS the non -defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.17 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, ,and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.18 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.19 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. S.20 TERMINATION FOR CONFLICT OF INTEREST (A.R.S. & 38-511). Pursuant to A.R.S. § 38- 511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.21 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.22 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. Page 18 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS S.23 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by Jaw or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S,24 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, ,tosses, damages, causes of action, ,fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to; arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services, S25 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.26 THE City's RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.27 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.28 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey ,results, graphics,and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. Page 19 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS' S.29 USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City, S.30 PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter,', public officers or employees are prohibited from disclosing or using, without appropriate 'authorization, any confidential information acquired by such personnel in the course of his or her official duties at City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.32 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 5.33 SAFEGUARDING City PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.34 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will "without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement,Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through', cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.36 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator' and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion; legislation, and governmental' regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond Page 20 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.38 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibilityof that agency. The City is not responsible for any disputes arising out of transactions made by others. S.39 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. S.40 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their' respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after tieing deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.41 GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this, Agreement will be Maricopa County, Arizona. S.42 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.43 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. Page 21 of 22 EXHIBIT C STANDARD TERMS AND CONDITIONS S.44 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendments) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S,45 SURVIVING PROVISIONS. Notwithstanding any completion, termination; or other expiration of this Agreement; all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. S.46 A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1-502, any person who applies to the City for a local public benefit (the definition of 'which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. Page 22 of 22 Meeting Date: 2/18/2016 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of a request to display a plaque honoring Fountain Hills resident Carlos Hadaway at the Fountain Hills Veterans Memorial or other town property location. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): The Town has received a request from the Public Art Committee to have the Town Council approve the installation of a plaque honoring Fountain Hills resident Carlos Hadaway at the Veterans Memorial. Attached is a letter from Sandi Thompson, Chair of the Public Art Committee, supporting this request as Mr. Hadaway is a veteran who has significantly contributed to the town and its history. Sam Coffee, President of the Fountain Hills Veterans Memorial, also sent the attached letter in support of the plaque with the following conditions: 1. The Committee will have final approval as to the size and layout of the plaque. 2. The Committee will select the location for mounting the plaque that is in keeping with its vision of the plaza. 3. The Committee wishes to make it clear that it is only approving one plaque. A plaque for Carlos has been approved because he had made significant contributions to the memorial over the years which warrants such recognition. One aspect of this request that the Town Council may wish to consider is that no other veterans are honored by individual plaques at the Veterans Memorial. By authorizing the installation of a plaque in honor of Mr. Hadaway, it might open the door to similar requests by friends and families for plaques of other veterans; this might change the appearance of the grounds and the original intent for the Veterans Memorial. Another alternative would be to display the plaque next to his painting of the Grand Canyon in Town Hall or another prominent location at the Fountain Hills Municipal Complex. 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 Page 1 of 2 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): That the Mayor and Council act on this request. List Attachment(s): Letter dated February 9, 2016, from Sandi Thompson Letter dated February 11, 2016, from Sam Coffee of the FH Veterans Memorial Committee Photograph of proposed location at the Veterans Memorial for Carlos Hadaway Plaque Prototype of proposed Carlos Hadaway Plaque SUGGESTED MOTION (for Council use): MOVE TO APPROVE THE INSTALLATION OF A PLAQUE ON TOWN PROPERTY HONORING TOWN RESIDENT AND VETERAN CARLOS HADAWAY AND DIRECT THE TOWN MANAGER TO COORDINATE THE SPECIFIC LOCATION TO DISPLAY THE PLAQUE WITH THE APPROPRIATE PARTIES. Prepared by: NA 2/11/2016 Director's Approval: Ap roved: Grady Miller, T(3 nager 2/11/2016 Page 2 of 2 Mayor and Town Council Town of Fountain Hills Fountain Hills, AZ 85268 Dear Ladies & Gentlemen, FOUNTAIN HILLS CULTURAL & CIVIC ASSOCIATION Post Office Box 18254 Fountain Hills, AZ 85269 February 9, 2016 The Public Art Committee of the Fountain Hills Cultural & Civic Association would like to propose the acquisition of a plaque in honor of Carlos Hadaway. The dimensions are 26" wide x 22" high and it weighs about 10 lbs. The cost is approximately $1000. It is being donated by friends of Carlos. We are recommending the piece be placed in the Veterans Memorial Park on the arched wall, It will be placed next to the plaque commemorating the USS Arizona which Carlos designed, and will be the same size and color as the USS Arizona plaque. This acquisition has been approved by the Public Art Committee and the Board of Directors of the Fountain Hills Cultural & Civic Association. Photos of this plaque and proposed location have been sent to you in a separate email. Very Truly Yours, 05."a Sandi Thompson Chair, Public Art Committee 4r- IN HONOR OF CARLOS HADAWAY "THE ARIZONA KID" US Navy Veteran Accomplished Cowboy World Renowned Western Artist Cartoonist Extraordinaire Incredible Story Teller Mentor to Many of all Ages Philanthropist to Numerous Charities Grand Marshal at Parades in Prescott and Flagstaff. Carlos Hadaway—The Arizona Kid: World-famous, award winning artist known for his Western Art oil paintings, devotion to the American West and just being a cow-punchin', rope slingin' singing cowboy. Love of his country is evidenced not only by his service in the U.S. Navy, but also for his giving nature and generous spirit. In addition to his beautiful paintings, Carlos has created comic strips, commercial logos, including the first San Diego Padres logo of a small friar at bat, and a famous collection of drawings for Anheuser-Busch. We continue to appreciate and respect his contributions to our world. Dedicated to Carlos by his many friends 2016 r' "•. i �✓ =i,j VETERANS OF FOREIGN WARS OF THE U.S. FOUNTAIN HILLS POST NO. 7507 Fountain Hills, AZ 85268 THE AMERICAN LEGION FOUNTAIN HILLS POST NO. 58 Fountain Hills, AZ 85268 Fountain Hills Veteran's Memorial Committee.: Town of Fountain Hills Mark Mayer Director, Parks and Recreation 16705 E Avenue of The Fountains Fountain Hills, AZ 85269 Dear Mark: The Committee has received your request to place a plaque honoring Carlos Hadaway within the Fountain Hills Veteran's Memorial. We have conditionally approved this request with the following stipulations: 1. The Committee will have final approval as to the size and layout of said plaque. 2. The Committee will select a location for mounting the plaque that is in keeping with our vision of the plaza. 3. We wish to make clear that this is an approval for one plaque. Calos has been approved because he has made a significant contribution to the memorial over the years that warrants such recognition. Please let us know if we can be of assistance in moving this project forward. Samuel Coffee President Fountain Hills Veteran's Memorial, Inc. 17105 E La Montana Dr. #207 Fountain Hills, AZ 85268 (480) 837-5958 ""'AIN4, TOWN OF FOUNTAIN HILLS kp L{� x n TOWN COUNCIL AGENDA ACTION FORM kalt is Meeting Date: 2/18/2016 Agenda Type: Regular Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Paul Mood, Development Services Director: 480-816-5129; pmoods@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2016-04, establishing the FOUNTAIN HILLS BUILDING SAFETY BOARD OF APPEALS, ADOPTING BYLAWS for its governance, and APPOINTING its members. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure Staff Summary (background): The Town has received an application to appeal a building code interpretation to a board of appeals. The Town currently does not have a board of appeals seated to hear building or fire code related items. Resolution 2016-04 will establish the Building Safety Board of Appeals, adopt bylaws and appoint board members. Under normal circumstances the Mayor and Council would conduct interviews for filling vacancies on boards and commissions. Due to the fact that the Town received a request to appeal an interpretation of the 2012 International Building Code and had a limited period of time to hold a board of appeals meeting, it was necessary for the Chief Building Official to identify individuals with the qualifications necessary to serve on the newly created Building Safety Board of Appeals. The following are the recommended Board members: Mark Dohrmann, Architect, AZ State License #29578 William Christenson, Structural Engineer, AZ State License #34626 Thomas Johnston, Mechanical Engineer, AZ State License #22374 Wayne Delaware, Scottsdale Electric, LLC Michael Lister, Western States Fire Protection Company The following are the alternate Board members: Leland Yoder, General Contractor, Yoder Development Company, Inc. John Bercel, General Contractor, Bercel Builders, Inc. John French,Olympic West Fire Protection Corporation 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 Page 1 of 2 Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff reccomends approval of Resolution 2016-04 establishing the Building Safety Board of Appeals, bylaws and appointment of members. List Attachment(s): SUGGESTED MOTION (for Council use): Move to approve Resolution 2016-04 and appoint , and with each member to serve a three-year term, beginning February 18, 2016; and appointing and as alternates, with each alternate appointee to serve a three-year term. beginning February 18. 2016. Prepared by: Paul Mood, Development Services Dire / 2/11/2016 Directo ' Patil MoodAevelooment Services Director 2/11/2016 Ap oved: Grady E Miller, To Hager 2/11/2016 Page 2 of 2 RESOLUTION 2016-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ESTABLISHING THE FOUNTAIN HILLS BUILDING SAFETY BOARD OF APPEALS; ADOPTING BYLAWS FOR ITS GOVERNANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") has determined that it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to establish the Fountain Hills Building Safety Board of Appeals (the "Board") to hear appeals pursuant to the Town's adopted building safety codes; and WHEREAS, the Town Council desires to adopt the Bylaws for the Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Fountain Hills Building Safety Board of Appeals is hereby established as an unscheduled board pursuant to Subsection 9.1(A) of the Town Council Rules of Procedure, Amended and Restated February 6, 2014. SECTION 3. The Bylaws for the Fountain Hills Building Safety Board of Appeals are hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 4. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage by the Town Council and it is hereby exempt from the referendum provisions of the constitution and laws of the State of Arizona. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed take all steps necessary to carry out the purpose and intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 2610931.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, February 18, 2016. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2610931.1 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2016-04 [Bylaws] See following pages. 2610931.1 BYLAWS BUILDING SAFETY BOARD OF APPEALS TOWN OF FOUNTAIN HILLS, ARIZONA Creation, Purpose. A Building Safety Board of Appeals is hereby created, consisting of five members, and up to three alternate members, who are qualified by experience and training to pass judgment upon matters pertaining to building and construction. The purpose of the Building Safety Board of Appeals (the "Board") shall be to hear appeals from determinations made by the Chief Building Official and the Fire Marshal; to provide for reasonable interpretations of the provisions of the Fountain Hills Town Code, Chapter 7 — Buildings and Building Regulations ("Chapter 7); and to determine the suitability of alternate materials and methods of construction. 2. Membership. A. The members of the Board shall be appointed by the Mayor with the approval of the Town Council for terms of three years each. No member shall serve more than two complete consecutive terms; provided, however, members may be reappointed after a lapse of three years from the end of their last term. Continued absence of any member from meetings of the Board shall, at the discretion of the Town Council, render any such member liable for immediate removal from office by the Town Council in accordance with the Town Council Rules of Procedure, amended and restated February 6, 2014 (the "Town Council Rules of Procedure"). Any member absent for three consecutive meetings without being excused shall be considered as having abandoned the position and the member's seat will be considered vacant. Appointments to fill unexpired terms shall be made in the same manner as the process used to appoint the vacated member. Members of the Board shall serve without pay. B. The Chief Building Official and Fire Marshall shall be ex officio members of the Board, but shall have no vote on any matter before the Board. The Chief Building Official, Fire Marshall or designee shall serve as Secretary to the Board. Qualifications. A. The Board shall include one member for each of the following qualifications: Architectural design professional licensed by the State of Arizona or a general contractor registered by the State of Arizona. 2. Structural design professional licensed by the State of Arizona. 3. Mechanical/plumbing design professional licensed by the State of Arizona or a mechanical/plumbing contractor registered by the State of Arizona. 4. Electrical design professional licensed by the State of Arizona or an electrical contractor registered by the State of Arizona. 2512504.1 5. Fire protection design professional licensed by the State of Arizona or a fire protection contractor registered by the State of Arizona. B. Members shall have had at least five years of recent experience in their respective trade or profession. No member shall be a current employee of the Town of Fountain Hills. Members shall comply with the ethics provisions of the Town Council Rules of Procedure. 4. Procedures. A. The Board shall annually select one of its members to serve as Chair and one member to serve as Vice Chair. B. An appeal of a determination of the Chief Building Official or the Fire Marshal shall be filed within 30 calendar days from the date of the determination. C. The Board shall have the authority to overturn, uphold, or modify a determination of the Chief Building Official or the Fire Marshal, and shall have the same authority as the official in so doing. The Board shall be authorized to approve an alternate material or method of construction to that required by Chapter 7, provided the Board finds that the proposed design is satisfactory, complies with the intent of the requirements of Chapter 7, and the material, method, or work to be provided meets the intended purpose and is at least the equivalent to that prescribed in Chapter 7 in quality, strength, effectiveness, fire resistance, durability, and safety. D. Appeals shall generally be heard according to the following process: The Chief Building Official, Fire Marshal or designee, as appropriate, shall brief the Board on the key elements of the appeal, including the applicable code requirements and other pertinent information. 2. The appellant may present further information explaining the facts and reasons for the appeal. 3. Appropriate Town staff may add additional information. 4. The Board shall deliberate the case and may hear additional testimony relevant to the appeal prior to reaching a decision. E. The Board shall reach a decision without unreasonable or unnecessary delay. The Board shall render all decisions and findings in writing, signed by the Chair or Vice Chair. The Chief Building Official shall forward a notice of decision to the appellant by certified mail or personal delivery. Said notice of decision shall state the determination, reasons for the decision, conditions related to the granting of the determination as established by the Board, and whether or not the appeal meets the requirements of these bylaws. The decision of the Board shall be final and shall not be appealable to the Town Council. 2612504.1 2 5. Meetings. A. The Board shall meet upon notice of the Chief Building Official or Fire Marshal, at the request of the Chair or Vice Chair, within 30 calendar days after the receipt by the Chief Building Official or the Fire Marshal of an appeal. Meetings and hearings of the Board shall be public and in the presence of a quorum. Meetings shall conform to the requirements of the Arizona Open Meeting Laws. Appellants and their representatives shall be given an opportunity to be heard. B. Minutes of meetings shall be made, and after approval at a subsequent meeting, shall be signed by the Chair or Vice Chair and retained on file in the Building Safety Division. 6. Quorum and Voting. A. Three members of the Board shall constitute a quorum. In varying the application of any provision of Chapter 7 or in modifying an order of the Chief Building Official or the Fire Marshal, the affirmative vote of three members shall be required. Absent three concurring votes to overturn the Chief Building Official's decision or Fire Marshal's decision, the decision shall be deemed confirmed. Members shall be present to vote. B. Board members shall not discuss or vote on any agenda item concerning a job or project in which they are engaged as a contractor, material dealer, or consultant, or in the preparation of drawings or specifications on any job or project in which they have any personal or financial interest. 7. Court Review. Any person aggrieved by the decision of the Board, whether or not a previous party to the decision, or any municipal officer or official department of the Town may, at any time within 30 calendar days after the filing of the Board's decision in the office of the Chief Building Official, file an appeal in writing with the Superior Court of Maricopa County by following the methods of appeal or review procedures as set forth by applicable law. 8. Enforcement. The Chief Building Official is authorized to enforce decisions of the Board or, upon successful review, of the Superior Court. 9. Fees. The fee for each appeal to the Building Safety Board of Appeals shall be as set forth in the schedule of fees and charges for the Development Services Department, Building Safety Division. Said fee shall be paid with the filing of the appeal and shall be refunded only if the Development Services Director determines that the appeal cannot proceed. 2612504.1 League of Arizona Cities ANoTowns Legislative Bulletin Issue 4 - February 5, 2016 Legislative Overview Today marks the 26th day of the 2016 session. This week the Legislature was extremely busy, with full committee agendas and lengthy floor calendars. There are two more weeks for bills to be heard in their chamber of origin. To date there have been 1169 bills introduced, with 100 memorials and resolutions. This is an increase of almost 174 bills since last week, and 17 more memorials and resolutions. February 1st was the deadline for Senate Bill introductions, and February 8th is the deadline for the House. PSPRS Reform A package of bills to reform the Public Safety Personnel Retirement System (PSPRS) passed unanimously out of the Senate Finance Committee on Wednesday. The League was part of the stakeholder group that negotiated the legislation and testified in support. The three bills are SB1428 (PSPRS modifications), SB1429 (public retirement systems; special election) and SCR1019 (public retirement system benefits). All three are sponsored by Senator Debbie Lesko (R -Peoria). A key provision includes the creation of a new Tier 3 for all new public safety employees hired after July 1, 2017. The new tier will have a 50-50 contribution rate rather than the current system in which the employee contribution rate is capped at 11.65% and all costs above that level are borne by the employer. The new tier also allows new hired to choose between a defined benefit or defined contribution plan and slightly increases the retirement age to receive benefits to 55. It allows employees that are not covered by Social Security to participate in a second defined contribution plan, funded at the 50-50 level. It caps the pensionable salary rate at $110,000 annually. One of the bills, SCR1019 is a proposed Constitutional amendment to change the Permanent Benefit Increase (PBI) provision for current Tier 1 and Tier 2 PSPRS members to a CPI -based COLA, capped at 2%. If approved by the House and Senate, this provision will be on the May 17th Special Election ballot. The bills were fast -tracked in the Senate and went through Committee of the Whole and Third Read (28-0) on Thursday and now advance to the House. Census The House Appropriations Committee unanimously approved HB 2483 (municipal population estimates; use) by Representative Justin Olson (R -Mesa) this week. This bill resolves a long-standing issue by allowing cities and towns to update their population figures annually using the U.S. Census Bureau's estimate instead of having to conduct a costly mid -decade census or wait for their decennial census numbers. If enacted, HB 2483 will place all municipalities on a level playing field by ensuring everyone has the most up-to-date population figures for purposes of the distribution of shared revenues. The League was in support of the bill, which now proceeds to the House Rules Committee. Pensions and Political Subdivision Entities Rep. Michelle Ugenti-Rita (R -Scottsdale) has again introduced HB 2157 (ASRS; political subdivision entities). This bill would prohibit future employees of "political subdivision entities" (organizations such as the League and MAG, PAG and other Councils of Governments) from participating in the Arizona State Retirement System (ASRS). It passed out of the House Government 8t Higher Education Committee this week on a 5-4 vote. Some of these types of organizations have been members of ASRS since the 1960s. However, an attorney general's opinion in the early 2000s said they were not permitted to be part of the system. Legislation was enacted in 2004 that clarified these entities could either remain members or could join as new members. The League joined ASRS shortly after the law was clarified. Many of the employees of these organizations have come from other government positions that were part of ASRS and the portability of this benefit has been a key factor in attracting talent. The League and other associations will continue to oppose this legislation. The bill moves on to the Rules Committee. Firearms Two bills related to firearms passed Senate Committees this week. SB1266 (firearms; state preemption; penalties), sponsored by Senator Steve Smith (R-Maricopa), passed the Senate Public Safety and Military Technology Committee by a vote of 5-0-1, with one not voting (Contreras). It also passed the Senate Government Committee by a vote of 4-3. The bill sets up penalties for political subdivisions that violate the state preemption on firearms, including fines and termination from office. The League opposed due to the onerous penalties. It will now proceed to Senate Rules. Senator John Kavanagh (R -Fountain Hills) is the sponsor of SB1257 (misconduct involving weapons; public places) that would require governmental buildings to allow concealed carry weapon permit holders to carry their weapons into the building, unless the governmental entity put up metal detectors and had security guards. The League was opposed and cited the tremendous costs associated with said requirements. The measure passed by a vote of 4-3 and now proceeds to the Senate Rules Committee. Unlawful Presence SB1378 (prohibited money transfers' immigrations; violations), sponsored by Senator Steve Smith (R-Maricopa), would penalize cities and towns by withholding shared revenue for not following federal law on public benefits and law enforcement cooperation related to people who are in the state unlawfully. It is cited as the "Sanctuary Cities Prohibition Act." The League declared that there are no sanctuary cities in Arizona, and was therefore neutral. The bill passed the Senate Public Safety and Military Technology Committee by a vote of 4-1. Photo Radar Senator Steve Smith is the sponsor of SCR1010 (photo radar prohibition), which would place on the ballot in the fall of 2016 the question of allowing the retention of photo traffic enforcement. Senator Smith, after hearing much testimony, indicated that he might amend the bill to not have a statewide election; rather he would seek to force cities and towns to have their own elections with the question of keeping or removing photo enforcement. In its original form the bill passed 3-2. The bill now goes on to the Senate Rules Committee. Public Records SB1282 (public records; unduly burdensome requests), sponsored by Senator John Kavanagh (R -Fountain Hills) is a League Resolution. The bill would allow governmental units to deny public record requests if the requests were not particular in nature, and that unduly burdensome and harassing requests can also be denied, and give a defense to the government in those cases. The bill passed 4-3, and now proceeds to the Senate Rules Committee. Licensing and the Waiver of Rights Currently under ARS 9-834, cities cannot make a licensing decision that is not specifically authorized by state law, administrative rule, ordinance or code. Statute also says a city cannot "...request or initiate discussions with a person about waiving that person's rights." HB2478 (licensing; waiver of rights; prohibition) adds a prohibition against requiring a person to waive a right granted by the Constitution or laws of this State as a condition of approving a license. This seems to be closing a perceived loophole that would allow cities to require a waiver of rights as long as they did not discuss it with the applicant. This section also includes provision for a person file a civil suit if there is a violation; city employees who knowingly violate this provision are subject to discipline; and the bill contains a requirement that the City must prominently list all prohibited acts on the license application. The bill passed the House Commerce Committee by a vote of 4-3 and now goes on to the House Rules Committee. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2365: study committee; Arizona's 911 system HB2483: municipal population estimates; use HB2402: bonds; disclosure; notice SB1323: vexatious litigants; workers' compensation HB2478: licensing; waiver of rights; prohibition HB2081: personal property transfer; limitations prohibited SB1266: firearms; state preemption; penalties SB1378: prohibited money transfers' immigrations; violations SCR1010: photo radar prohibition SB1257: misconduct involving weapons; public places SB1282: public records; unduly burdensome requests HB2157: ASRS; political subdivision entities SB1428: PSPRS modifications SB1429: public retirement system; special election SCR1019: public retirement system benefits Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. League of Arizona Cities ANoTowns Legislative Bulletin Issue 5 - February 12, 2016 Legislative Overview Today marks the 33rd day of the 2016 session. The Legislature was in high gear this week, with long committee and floor sessions. There is one more week for bills to be heard in their chamber of origin. All deadlines have passed for bill introduction. To date there have been 1219 bills introduced, with 105 memorials and resolutions. This is an increase of approximately 5% over last year's totals. There are 694 House bills and 525 Senate bills. So far, only a single bill has been signed: HB2468 (internet crimes against children; appropriation). PSPRS The package of bills that reform the Public Safety Personnel Retirement System (PSPRS), S131428, SB1429 and SCR1019, passed out of a special meeting of the House Insurance Committee on Thursday by votes of 7-1 each. The League testified in support of the package as the best solution for reforming the state pension system for public safety personnel. Cities and towns have the most members in the system and have the largest unfunded liability. The bills create a new Tier 3 for future employees -those hired after July 1, 2017 - and include a question that should appear on the May 17th special election ballot that changes the Permanent Benefit Increase (PBI) to an annual COLA for existing employees and retirees. The bills passed out of the full House on Thursday. SB1428 was amended on the House floor and will likely have final action in the Senate on Monday. Photo Radar On Tuesday, HB2122, technical correction; technical registration board had a strike -everything amendment related to photo enforcement and driver's license suspension. Sponsored by Representative J.D. Mesnard (R - Chandler), the bill would prohibit a license suspension for a failure to appear in court violation on a photo enforcement ticket. The League was opposed as removing the suspension would essentially take the enforcement out of the photo radar system. The bill passed the House Transportation and Infrastructure Committee by a vote of 5-3 and now moves on to the House Rules Committee. Sanctuary Cities HB2223, prohibited money transfers; information sharing, passed the House Government and Higher Education Committee on Thursday by a vote of 6-3. The bill is sponsored by Representative Jay Lawrence (R - Scottsdale) and would penalize cities and towns that do not follow federal immigration law by withholding shared revenue. The League testified that there are no sanctuary cities in Arizona and was therefore neutral. The bill proceeds to the House Rules Committee. Property Tax Sponsored by Representative J.D. Mesnard (R - Chandler) HB2538, municipal bonds; tax levy was heard in the House Ways and Means committee on Monday of this week. The League signed in favor of the bill because it allows a city's or town's secondary property tax levy to include enough funds to be used for early defeasance of existing debt as well as to correct prior year shortages in the levy. Currently cities and towns can only levy enough to pay for principal and interest on the bonds. The bill passed unanimously and proceeds to the House Rules Committee. Publicity Pamphlets HB2570, local government bonds; ballot statement was heard in the House Ways and Means committee on Monday of this week. The League testified in opposition to the bill, which is sponsored by Representative John Allen (R - Scottsdale). The League opposed the language in the bill that requires publicity pamphlets to include the costs of a bond for a homeowner over the lifetime of that bond. That language makes it impossible for municipalities to calculate for a variety of reasons, including property valuations changing. While members of the committee expressed concerns with the bill, it was voted out unanimously. The measure now goes to the House Rules Committee. The League will seek amendments when the bill goes to the floor of the House. Utilities HB2486, telecommunications utilities; relocation; reimbursement was heard in the House Appropriations Committee on Wednesday of this week. Sponsored by Representative Justin Olson (R - Mesa) the bill concerns reimbursement of telecommunication utilities' relocation costs that are related to bond funded infrastructure projects. The League agreed to be neutral after the telecommunications industry made significant changes to similar legislation that they ran last year. The bill passed out of Committee unanimously, and goes on to the House Rules Committee. Residential Rental HB2026, municipal tax exemption, residential lease, sponsored by Representative Darin Mitchell (R - Litchfield Park), passed the House Ways and Means Committee by a vote of 5-4. The bill contains a strike everything amendment that would prohibit municipalities from charging residential rental tax on individuals who own three or fewer single family homes within one city. Before testimony in the committee the sponsor announced that he will sponsor a floor amendment to limit the tax exemption to the first two single family homes owned by an individual. The League opposed the bill, as the sponsor indicated his eventual goals is to eliminate the residential rental tax altogether. The bill now goes to House Rules Committee. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2391: municipalities; water rates; requirements HB2026: municipal tax exemptions; residential lease HB2538: municipal bonds; tax levy HB2570: local government bonds' ballot statement HB2122: S/E: photo radar; driver license suspension HB2486: telecommunications utilities; relocation; reimbursement HB2233: public buildings; applicable fire codes HB2223: prohibited money transfers; information sharing Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.