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HomeMy WebLinkAbout161215P z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 1 of 5 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, DECEMBER 15, 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Alan Magazine Vice Mayor Nick DePorter Councilmember Art Tolis Councilmember Henry Leger Councilmember Cecil A. Yates z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 2 of 5 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Todd Forrest, Fountain Hills Christian Center  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Presentation on the Council/Manager Form of Government and overview of the upcoming 2017 Legislative Session by League of Cities and Towns Executive Director Ken Strobeck and Deputy Director Tom Belshe. iii) Presentation by the Fountain Hills Branch Manager for the Maricopa County Library District Vicki Novak regarding activities and events. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 15 and December 1, 2016. 2. CONSIDERATION of RESOLUTION 2016-40, amending the standards of financial disclosure for local elected officials; and declaring an emergency. 3. CONSIDERATION of RESOLUTION 2016-42, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located in a portion of the westerly side property line of Plat 401B, Block 5, Lot 26 (17103 E. Cyprus Point Court), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2016- 06). z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 3 of 5 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a fund raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ from 6:00 PM to 11:00 PM on Saturday and Sunday, February 11 and 12, 2017. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a fund raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ from 5:00 PM to 11:00 PM on Sunday, April 30, 2017. 6. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00 AM to 5:00 PM, Friday, January 13 through Sunday, January 15, 2017. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Thunderbird Art and Wine Show, from 10:00 AM to 5:00 PM daily, from Friday, March 24 through Sunday, March 25, 2017. 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00 AM to 5:00 PM daily, from Friday, January 13 through Sunday, January 15, 2017. 9. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT (C2017-068) with Sunline Contracting LLC, for pavement marking and symbols, in an amount not to exceed $50,000. 10. CONSIDERATION of approving the FIRST AMENDMENT TO COOPERATIVE PURCHASE AGREEMENT (C2016-164.1) with Alpha Fencing & Ironworks, for guardrail repair, removal and replacement, in an amount not to exceed $25,000.00 for FY2016-17, and $25,000.00 for each of the next two years for a total not to exceed $75,000.00. 11. CONSIDERATION of RESOLUTION 2016-38, adopting the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy, Amended and restated December 15, 2016. 12. CONSIDERATION of budget transfers in the amount of $34,665.51; $25,000.00 to the Vehicle Replacement Fund from General Government Contingency and $9,665.51 to Fountain Park Operations from General Government Contingency. REGULAR AGENDA 13. CONSIDERATION of APPOINTING one (1) citizen to serve on the Strategic Planning Advisory Commission to fill a vacated term, which begins on December 15, 2016 and ends on June 30, 2017. 14. CONSIDERATION of the DESIGN CONCEPT SELECTION of the Fire Station #2 relocation project. z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 4 of 5 15. DISCUSSION WITH POSSIBLE DIRECTION TO THE STRATEGIC PLANNING ADVISORY COMMISSION relating to the DRAFT 2016 STRATEGIC PLAN including suggested changes prior to its final adoption at a future Council meeting. 16. CONSIDERATION of RESOLUTION 2016-33, approving the revised Town organizational charts for the Administration Department and the Community Services Department, revised FY2016-17 Pay Plan, revised Schedule of Authorized positions and revised Job Description to reclassify the Tourism Coordinator position to Communication and Marketing Coordinator. 17. CONSIDERATION of RESOLUTION 2016-41, approving the Town of Fountain Hills Personnel Policies and Procedures amendment relating to Merit Leave, Exempt Leave policies, and declaring an emergency. 18. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to a llow EPCOR Water to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site. Case# SU2016-04 19. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow EPCOR W ater to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site. Case # SU2016-04 20. CONSIDERATION of RESOLUTION 2016-17, declaring as a public record that certain document filed with the Town Clerk and entitled the Town of Fountain Hills Noise Regulations. 21. CONSIDERATION OF ORDINANCE 16-10, adopting the Town of Fountain Hills Noise Regulations by reference and amending the Town of Fountain Hills Town Code, Chapter 11, Section 11-1-7, by revising provisions related to noise violations. 22. PUBLIC HEARING to receive comments on ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 23. CONSIDERATION of ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 24. UPDATE by Town Manager Grady Miller regarding the FOUNTAIN LAKE WATER QUALITY. 25. 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.) At the request of Councilmember Magazine, the topic of directing staff to analyze the impact of a recent court case regarding the Arizona Public Safety Pension Plan as it relates to the Town’s MCSO contract, has been placed on this agenda for the purpose of discussion of placing this topic on a future agenda for discussion and possible action. z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 5 of 5 26. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 27. ADJOURNMENT. DATED this 8th day of December, 2016. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 1 of 5 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, DECEMBER 15, 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Alan Magazine Vice Mayor Nick DePorter Councilmember Art Tolis Councilmember Henry Leger Councilmember Cecil A. Yates z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 2 of 5 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Todd Forrest, Fountain Hills Christian Center  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Presentation on the Council/Manager Form of Government and overview of the upcoming 2017 Legislative Session by League of Cities and Towns Executive Director Ken Strobeck and Deputy Director Tom Belshe. iii) Presentation by the Fountain Hills Branch Manager for the Maricopa County Library District Vicki Novak regarding activities and events. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 15 and December 1, 2016. 2. CONSIDERATION of RESOLUTION 2016-40, amending the standards of financial disclosure for local elected officials; and declaring an emergency. 3. CONSIDERATION of RESOLUTION 2016-42, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located in a portion of the westerly side property line of Plat 401B, Block 5, Lot 26 (17103 E. Cyprus Point Court), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2016- 06). z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 3 of 5 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a fund raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ from 6:00 PM to 11:00 PM on Saturday and Sunday, February 11 and 12, 2017. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a fund raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ from 5:00 PM to 11:00 PM on Sunday, April 30, 2017. 6. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00 AM to 5:00 PM, Friday, January 13 through Sunday, January 15, 2017. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Thunderbird Art and Wine Show, from 10:00 AM to 5:00 PM daily, from Friday, March 24 through Sunday, March 25, 2017. 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00 AM to 5:00 PM daily, from Friday, January 13 through Sunday, January 15, 2017. 9. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT (C2017-068) with Sunline Contracting LLC, for pavement marking and symbols, in an amount not to exceed $50,000. 10. CONSIDERATION of approving the FIRST AMENDMENT TO COOPERATIVE PURCHASE AGREEMENT (C2016-164.1) with Alpha Fencing & Ironworks, for guardrail repair, removal and replacement, in an amount not to exceed $25,000.00 for FY2016-17, and $25,000.00 for each of the next two years for a total not to exceed $75,000.00. 11. CONSIDERATION of RESOLUTION 2016-38, adopting the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy, Amended and restated December 15, 2016. 12. CONSIDERATION of budget transfers in the amount of $34,665.51; $25,000.00 to the Vehicle Replacement Fund from General Government Contingency and $9,665.51 to Fountain Park Operations from General Government Contingency. REGULAR AGENDA 13. CONSIDERATION of APPOINTING one (1) citizen to serve on the Strategic Planning Advisory Commission to fill a vacated term, which begins on December 15, 2016 and ends on June 30, 2017. 14. CONSIDERATION of the DESIGN CONCEPT SELECTION of the Fire Station #2 relocation project. z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 4 of 5 15. DISCUSSION WITH POSSIBLE DIRECTION TO THE STRATEGIC PLANNING ADVISORY COMMISSION relating to the DRAFT 2016 STRATEGIC PLAN including suggested changes prior to its final adoption at a future Council meeting. 16. CONSIDERATION of RESOLUTION 2016-33, approving the revised Town organizational charts for the Administration Department and the Community Services Department, revised FY2016-17 Pay Plan, revised Schedule of Authorized positions and revised Job Description to reclassify the Tourism Coordinator position to Communication and Marketing Coordinator. 17. CONSIDERATION of RESOLUTION 2016-41, approving the Town of Fountain Hills Personnel Policies and Procedures amendment relating to Merit Leave, Exempt Leave policies, and declaring an emergency. 18. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to a llow EPCOR Water to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site. Case# SU2016-04 19. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow EPCOR W ater to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site. Case # SU2016-04 20. CONSIDERATION of RESOLUTION 2016-17, declaring as a public record that certain document filed with the Town Clerk and entitled the Town of Fountain Hills Noise Regulations. 21. CONSIDERATION OF ORDINANCE 16-10, adopting the Town of Fountain Hills Noise Regulations by reference and amending the Town of Fountain Hills Town Code, Chapter 11, Section 11-1-7, by revising provisions related to noise violations. 22. PUBLIC HEARING to receive comments on ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 23. CONSIDERATION of ORDINANCE 16-08, amending the Town of Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising provisions related to noise violations. Case #Z2016-05 24. UPDATE by Town Manager Grady Miller regarding the FOUNTAIN LAKE WATER QUALITY. 25. 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.) At the request of Councilmember Magazine, the topic of directing staff to analyze the impact of a recent court case regarding the Arizona Public Safety Pension Plan as it relates to the Town’s MCSO contract, has been placed on this agenda for the purpose of discussion of placing this topic on a future agenda for discussion and possible action. z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 5 of 5 26. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 27. ADJOURNMENT. DATED this 8th day of December, 2016. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. 1 Council-Manager Forum Fountain Hills, AZ January 5, 2017 Ken Strobeck and Tom Belshe League of Arizona Cities and Towns 2 Local Government in Arizona • Authority from State Constitution and statutes • What is “local government?” • 91 incorporated cities and towns • 15 counties • Many other types—Special Districts, School Districts • More than 600 in total 3 Cities and Towns in Arizona • General Purpose Government – Provide many different services; subject to local preferences – Statutory requirements: Police, Streets, Administration • General Law vs. Charter Cities – 19 charter cities – Little practical difference with general law cities (except local elections) • Subject to Constitution and Arizona Revised Statutes 4 Cities and Towns in Arizona • State Statues on Local Activity – Budget/Finance – Elections – Land Use, Water – ARS Title 9: cities and towns; Title 13 Criminal Code, Title 35 Taxation • Matters of Strictly Local Concern vs. Matters of Statewide Concern 5 City Government Principles • Representative system; not direct democracy • Conducting the public’s business; they own it Council rules and decorum Modeling behavior • Getting things done: compromise and negotiation • Public figure • Open government • Municipal governance structure 6 Council-Manager Form: History 7 • Emerged in response to widespread corruption and influence by powerful interests • First example: Staunton, Virginia in 1908 • ICMA founded in 1914 to promote professional standards – Personnel and fiscal management – Planning and service delivery – Ethical standards • Permitted, not required under ARS Council-Manager Form: Mayor & Council • Mayor and Council – Part time, non-professional positions • Roles and responsibilities – Establish policy positions for city or town – Budget priorities, review, hearings, approval – Create vision and goals for city or town • Provide public access to deliberations – Execute legal and statutory authority – Hire professional management • Subject to Recall 8 Council-Manager Form: Managers • Manager—professional managerial expertise; administration – Hired on professional qualifications only – Hires, fires, evaluates and supervises staff – Carries out the policy positions of mayor & council – Direct access for public service needs – Purchases, services done on objective standards – Provides policy alternatives; does not make policy • Serves at the pleasure of the council 9 Council-Manager Form: Attributes • Most common form of municipal government, particularly in Arizona • Separation of powers; check-and-balance; objective performance standards; qualified professionals • Consistency for city staff, general public • Accountable, professional, open • Avoids corruption, undue influence • Professional code of ethics 12 Questions-Comments? 13 14 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 12/15/2016 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 17 and December 1, 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 12/5/2016 Approved: Grady E. Miller, Town Manager 12/6/2016 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480-816-5115;bbender@fh.az.gov REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of Resolution 2016-40, prescribing standards of financial disclosure for local elected officials;and declaring an emergency. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:H.B.2429 from the 2016 Legislative Session;A.R.S.§38- 545 Staff Summary (background): This past legislative session,H.B.2429 (Laws 2016,Ch.196)amended the financial disclosure statement that is required for candidates and public officers.The primary change was a new category on the statement that requires reporting of certain travel-related expenses,which when reported are exempt as a "gift"under the law. Additionally,the law no longer requires the specific names of the public officer's spouse or children to be included on the statement as long as a general description is provided and allows the public officer to provide a home or work address.Lastly,the Secretary of State is authorized to prescribe the electronic format for the local public officer's financial disclosure statements.The law is effective on January 1,2017. Financial Disclosure Resolution It is the League's opinion that the financial disclosure resolution that was adopted years ago by cities and towns no longer reflects the current law.Following the State's review the League agreed that the recent legislation necessitated an update to the resolution by all cities and towns.The proposed resolution contains revised language reflecting all statutory changes enacted since 2011. Pursuant to A.R.S.§38-545 a city or town may adopt standards of financial disclosure consistent with the State's requirements and it is the League's recommendation that the Council adopt a new resolution to reflect changes that will be effective on January 1 in order to maintain a statement that is tailored to local public officials.Therefore,the resolution is attached for Council's review and adoption for compliance with current State Law.Due to the fact that this form is effective January 1,an emergency clause has been added to this resolution so that it becomes effective immediately. The attached Financial Disclosure Statement is provided for informational purposes and reflects all the changes from H.B.2429 in addition to the removal of the notarization requirement.While not a statutory change,the Secretary's Office has interpreted the law requiring "verification"on the statement to mean that notarization is not required on this form.The Statement is provided in both English and Spanish. Page 1 of 2 - i - Conference Engrossed State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016 CHAPTER 196 HOUSE BILL 2429 AN ACT AMENDING SECTION 38-541, ARIZONA REVISED STATUTES; AMENDING SECTION 38-542, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2014, CHAPTER 149, SECTION 1; RELATING TO FINANCIAL DISCLOSURE. (TEXT OF BILL BEGINS ON NEXT PAGE) H.B. 2429 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Section 38-541, Arizona Revised Statutes, is amended to 2 read: 3 38-541. Definitions 4 In this chapter, unless the context otherwise requires: 5 1. "Business" includes any enterprise, organization, trade, occupation 6 or profession, whether or not operated as a legal entity or for profit, 7 including any business trust, corporation, partnership, joint venture or sole 8 proprietorship. 9 2. "Compensation" means anything of value or advantage, present or 10 prospective, including the forgiveness of debt. 11 3. "Controlled business" means any business in which the public 12 officer or any member of his household has an ownership or beneficial 13 interest, individually or combined, amounting to more than a fifty per cent 14 PERCENT interest. 15 4. "Dependent business" means any business in which the public officer 16 or any member of his household has an ownership or beneficial interest, 17 individually or combined, amounting to more than a ten per cent PERCENT 18 interest, and during the preceding calendar year the business received from a 19 single source more than ten thousand dollars and more than fifty per cent 20 PERCENT of its gross income. 21 5. "Gift" includes any gratuity, special discount, favor, hospitality, 22 service, economic opportunity, loan or other benefit received without 23 equivalent consideration and not provided to members of the public at large. 24 GIFT DOES NOT INCLUDE: 25 (a) TRAVEL-RELATED EXPENSES THAT ARE PUBLICLY REPORTED PURSUANT TO 26 THIS ARTICLE. 27 (b) POLITICAL CAMPAIGN CONTRIBUTIONS THAT ARE PUBLICLY REPORTED 28 PURSUANT TO TITLE 16, CHAPTER 6. 29 6. "Local public officer" means a person holding an elective office of 30 an incorporated city or town, a county or a groundwater replenishment 31 district established under title 48, chapter 27. 32 7. "Member of household" means a public officer's spouse and any minor 33 child of whom the public officer has legal custody. 34 8. "Public officer" means a member of the legislature and any judge of 35 the court of appeals or the superior court, or a person holding an elective 36 office the constituency of which embraces the entire geographical limits of 37 this state. Members of Congress are not public officers as defined in this 38 paragraph. 39 9. "TRAVEL-RELATED EXPENSES" MEANS ANY COSTS ASSOCIATED WITH 40 TRANSPORTATION, FOOD, LODGING AND REGISTRATION FEES AND OTHER EXPENSES 41 DIRECTLY RELATED TO TRAVEL TO OR FROM A MEETING, CONFERENCE OR OTHER EVENT 42 WHERE THE PUBLIC OFFICER IS PARTICIPATING IN THE PUBLIC OFFICER'S OFFICIAL 43 CAPACITY. 44 Sec. 2. Section 38-542, Arizona Revised Statutes, as amended by Laws 45 2014, chapter 149, section 1, is amended to read: 46 H.B. 2429 - 2 - 38-542. Duty to file financial disclosure statement; contents; 1 exceptions 2 A. In addition to other statements and reports required by law, every 3 public officer, as a matter of public record, shall file with the secretary 4 of state on a form prescribed by the secretary of state a verified financial 5 disclosure statement covering the preceding calendar year. The statement 6 shall disclose: 7 1. The name and HOME OR WORK address of the public officer and each 8 member of his household, WHETHER THE PUBLIC OFFICER'S SPOUSE IS A MEMBER OF 9 THE PUBLIC OFFICER'S HOUSEHOLD, THE NUMBER OF MINOR CHILDREN WHO ARE MEMBERS 10 OF THE PUBLIC OFFICER'S HOUSEHOLD and all names and addresses under which 11 each does business. IF DISCLOSURE OF THE IDENTITY OF THE PUBLIC OFFICER'S 12 SPOUSE OR MINOR CHILD WOULD OTHERWISE BE REQUIRED, A PUBLIC OFFICER MAY 13 COMPLY WITH THE IDENTIFICATION REQUIREMENT BY USING THE TERM "SPOUSE" OR 14 "MINOR CHILD", AS APPLICABLE. 15 2. The name and address of each employer and of each other source of 16 compensation other than gifts amounting to more than one thousand dollars 17 received during the preceding calendar year by the public officer and members 18 of his household in their own names, or by any other person for the use or 19 benefit of the public officer or members of his household, a description of 20 the services for which the compensation was received and the nature of the 21 employer's business. This paragraph shall not be construed to require the 22 disclosure of individual items of compensation that constituted a portion of 23 the gross income of the business from which the public officer or members of 24 his household derived compensation. 25 3. For a controlled business, a description of the goods or services 26 provided by the business, and if any single source of compensation to the 27 business during the preceding calendar year amounts to more than ten thousand 28 dollars and is more than twenty-five per cent PERCENT of the gross income of 29 the business, the disclosure shall also include a description of the goods or 30 services provided to the source of compensation. For a dependent business 31 the statement shall disclose a description of the goods or services provided 32 by the business and a description of the goods or services provided to the 33 source of compensation from which the dependent business derived the amount 34 of gross income described in section 38-541, paragraph 4. If the source of 35 compensation for a controlled or dependent business is a business, the 36 statement shall disclose a description of the business activities engaged in 37 by the source of compensation. 38 4. The names and addresses of all businesses and trusts in which the 39 public officer or members of his household, or any other person for the use 40 or benefit of the public officer or members of his household, had an 41 ownership or beneficial interest of over one thousand dollars at any time 42 during the preceding calendar year, and the names and addresses of all 43 businesses and trusts in which the public officer or any member of his 44 household held any office or had a fiduciary relationship at any time during 45 H.B. 2429 - 3 - the preceding calendar year, together with the amount or value of the 1 interest and a description of the interest, office or relationship. 2 5. All Arizona real property interests and real property improvements, 3 including specific location and approximate size, in which the public 4 officer, any member of his household or a controlled or dependent business 5 held legal title or a beneficial interest at any time during the preceding 6 calendar year, and the value of any such interest, except that this paragraph 7 does not apply to a real property interest and improvements thereon used as 8 the primary personal residence or for the personal recreational use of the 9 public officer. If a public officer, any member of his household or a 10 controlled or dependent business acquired or divested any such interest 11 during the preceding calendar year, he shall also disclose that the 12 transaction was made and the date it occurred. If the controlled or 13 dependent business is in the business of dealing in real property interests 14 or improvements, disclosure need not include individual parcels or 15 transactions as long as the aggregate value of all parcels of such property 16 is reported. 17 6. The names and addresses of all creditors to whom the public officer 18 or members of his household, in their own names or in the name of any other 19 person, owed a debt of more than one thousand dollars or to whom a controlled 20 business or a dependent business owed a debt of more than ten thousand 21 dollars which was also more than thirty per cent PERCENT of the total 22 business indebtedness at any time during the preceding calendar year, listing 23 each such creditor. This paragraph shall not be construed to require the 24 disclosure of debts owed by the public officer or any member of his household 25 resulting from the ordinary conduct of a business other than a controlled or 26 dependent business nor shall disclosure be required of credit card 27 transactions, retail installment contracts, debts on residences or 28 recreational property exempt from disclosure under paragraph 5 of this 29 subsection, debts on motor vehicles not used for commercial purposes, debts 30 secured by cash values on life insurance or debts owed to relatives. It is 31 sufficient disclosure of a creditor if the name and address of a person to 32 whom payments are made is disclosed. If the public officer, any member of 33 his household or a controlled or dependent business incurred or discharged a 34 debt which is reportable under this subsection during the preceding calendar 35 year, the report shall disclose that the transaction was made and the date it 36 occurred. 37 7. The identification and amount of each debt exceeding one thousand 38 dollars owed at any time during the preceding calendar year to the public 39 officer and members of his household in their own names, or to any other 40 person for the use or benefit of the public officer or any member of his 41 household. The disclosure shall include the identification and amount of 42 each debt exceeding ten thousand dollars to a controlled business or 43 dependent business which was also more than thirty per cent PERCENT of the 44 total indebtedness to the business at any time during the preceding calendar 45 year. This paragraph shall not be construed to require the disclosure of 46 H.B. 2429 - 4 - debts from the ordinary conduct of a business other than a controlled or 1 dependent business. If the public officer, any member of his household or a 2 controlled or dependent business incurred or discharged a debt which is 3 reportable under this subsection during the preceding year, the report shall 4 disclose that the transaction was made and the date it occurred. 5 8. The name of each source of any gift, or accumulated gifts from a 6 single source, of more than five hundred dollars received by the public 7 officer and members of his household in their own names during the preceding 8 calendar year, or by any other person for the use or benefit of the public 9 officer or any member of his household except gifts received by will or by 10 virtue of intestate succession, or received by way of distribution from any 11 inter vivos or testamentary trust established by a spouse or by an ancestor, 12 or gifts received from any other member of the household or relatives to the 13 second degree of consanguinity. Political campaign contributions shall not 14 be construed as gifts if otherwise publicly reported as political campaign 15 contributions as required by law. 16 9. A list of all business licenses issued to, held by or in which the 17 public officer or any member of his household had an interest at any time 18 during the preceding calendar year, including the name in which the license 19 was issued, the type of business and its location. 20 10. A list of all bonds, together with their value, issued by this 21 state or any political subdivision of this state and held at any time during 22 the preceding calendar year by the public officer or any member of his 23 household, which bonds issued by a single entity had a value in excess of one 24 thousand dollars. If the public officer or any member of his household 25 acquired or divested any bonds during the preceding calendar year which are 26 reportable under this paragraph, the fact that the transaction occurred and 27 the date shall also be shown. 28 11. THE NAME OF EACH MEETING, CONFERENCE OR OTHER EVENT WHERE THE 29 PUBLIC OFFICER IS PARTICIPATING IN THE PUBLIC OFFICER'S OFFICIAL CAPACITY IF 30 TRAVEL-RELATED EXPENSES OF ONE THOUSAND DOLLARS OR MORE WERE INCURRED ON 31 BEHALF OF THE PUBLIC OFFICER AND THE TRAVEL-RELATED EXPENSES ARE NOT PAID BY 32 THE PUBLIC OFFICER. 33 B. If an amount or value is required to be reported pursuant to this 34 section, it is sufficient to report whether the amount or value of the equity 35 interest falls within: 36 1. Category 1, one thousand dollars to twenty-five thousand dollars. 37 2. Category 2, more than twenty-five thousand dollars to one hundred 38 thousand dollars. 39 3. Category 3, more than one hundred thousand dollars. 40 C. This section does not require the disclosure of any information 41 that is privileged by law. 42 D. The statement required to be filed pursuant to subsection A shall 43 be filed by all persons who qualified as public officers at any time during 44 the preceding calendar year on or before January 31 of each year with the 45 exceptions that a public officer appointed to fill a vacancy shall, within 46 H.B. 2429 - 5 - sixty days following his taking of such office, file a financial disclosure 1 statement covering as his annual period the twelve month period ending with 2 the last full month prior to the date of his taking office, and a public 3 officer whose final term expires less than thirty-one days into the 4 immediately following calendar year may file the public officer's final 5 financial disclosure at the same time as the disclosure for the last 6 immediately preceding year. 7 E. The secretary of state shall prepare written guidelines, forms and 8 samples for completing the financial disclosure statement required by this 9 section. A copy of the guidelines, forms and samples shall be distributed to 10 each public officer and shall be made available to each candidate required to 11 file a financial disclosure statement pursuant to section 38-543. 12 F. Beginning January 1, 2017, the statement required to be filed in 13 subsection D of this section may be filed by the public officer in a form 14 prescribed by the secretary of state that includes authorization for future 15 filings to be submitted in an electronic format. Any subsequent filings 16 required to be filed in subsection D of this section may be filed in an 17 electronic format as prescribed by the secretary of state. BEGINNING 18 JANUARY 1, 2017, ANY STATEMENTS THAT ARE REQUIRED TO BE FILED BY A LOCAL 19 PUBLIC OFFICER PURSUANT TO AN ORDINANCE, RULE, RESOLUTION OR REGULATION 20 ADOPTED PURSUANT TO SECTION 38-545 MAY BE FILED IN AN ELECTRONIC FORMAT AS 21 PRESCRIBED BY THE SECRETARY OF STATE. 22 Sec. 3. Effective date 23 This act is effective from and after December 31, 2016. 24 APPROVED BY THE GOVERNOR MAY 11, 2016. FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 11, 2016. 2833806.1 RESOLUTION 2016-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE STANDARDS OF FINANCIAL DISCLOSURE FOR LOCAL ELECTED OFFICIALS; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of ARIZ. REV. STAT. § 38-545, as amended, the Town of Fountain Hills (the “Town”) is required to adopt standards of financial disclosure consistent with the provisions of Title 38, Chapter 3.1, Article 1, Arizona Revised Statutes, as amended; and WHEREAS, on January 16, 1990, the Town Council of the Town of Fountain Hills (the “Town Council”) adopted Resolution 1990-3, establishing standards for financial disclosure for the Town (the “Original Financial Disclosure Standards”); and WHEREAS, the Town Council has determined that the Original Financial Disclosure Standards require amendment to be consistent with the disclosure forms provided by the State of Arizona; and WHEREAS, the amended financial disclosure requirements hereinafter adopted are, with respect to the Town, consistent with such standards of financial disclosure within the meaning of ARIZ. REV. STAT. § 38-545. 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 following amended standards of financial disclosure for local elected officials are hereby adopted. SECTION 3. DEFINITIONS. In this Resolution, unless the context otherwise requires: 1. “Business” includes any enterprise, organization, trade, occupation or profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture, LIMITED LIABILITY COMPANY or sole proprietorship. 2. “Compensation” means anything of value of advantage, present or prospective, including the forgiveness of debt. 3. “Controlled business” means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a fifty percent interest. 4. “Dependent business” means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, 2833806.1 2 amounting to more than a TEN PERCENT INTEREST, AND DURING THE PRECEDING CALENDAR YEAR THE BUSINESS RECEIVED FROM A SINGLE SOURCE MORE THAN TEN THOUSAND DOLLARS AND MORE THAN FIFTY PERCENT OF ITS GROSS INCOME. fifty percent interest. 5. “Gift” includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not provided to members of the public at large. “GIFT” DOES NOT INCLUDE TRAVEL- RELATED EXPENSES THAT ARE PUBLICLY REPORTED AS REQUIRED BY LAW OR POLITICAL CAMPAIGN CONTRIBUTIONS THAT ARE PUBLICLY REPORTED PURSUANT TO TITLE 16, CHAPTER 6. 6. “Local public officer” means a person holding an elective office of the Town. 7. “Member of household” means a local public officer’s spouse and any minor child of whom the local public officer has legal custody. 8. “TRAVEL-RELATED EXPENSES” MEANS ANY COSTS ASSOCIATED WITH TRANSPORTATION, FOOD, LODGING AND REGISTRATION FEES AND OTHER EXPENSES DIRECTLY RELATED TO TRAVEL TO, OR FROM, A MEETING, CONFERENCE OR OTHER EVENT WHERE THE LOCAL PUBLIC OFFICER IS PARTICIPATING IN THE LOCAL PUBLIC OFFICER’S OFFICIAL CAPACITY. SECTION 4. DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT; CONTENTS; EXCEPTIONS. A. In addition to other statements and reports required by law, every local public officer, as a matter of public record, shall file with the Town Clerk on a form prescribed by the Town Clerk a verified financial disclosure statement covering the preceding calendar year ending December 31. The statement shall disclose: 1. The name and HOME OR WORK address of the local public officer, WHETHER THE LOCAL PUBLIC OFFICER’S SPOUSE IS A MEMBER OF THE LOCAL PUBLIC OFFICER’S HOUSEHOLD, THE NUMBER OF MINOR CHILDREN WHO ARE MEMBERS OF THE LOCAL PUBLIC OFFICER’S HOUSEHOLD AND ALL NAMES AND ADDRESSES UNDER WHICH EACH DOES BUSINESS. IF DISCLOSURE OF THE IDENTITY OF THE LOCAL PUBLIC OFFICER’S SPOUSE OR MINOR CHILDREN IS OTHERWISE REQUIRED, A LOCAL PUBLIC OFFICER MAY COMPLY WITH THE IDENTIFICATION REQUIREMENT BY USING THE TERM “SPOUSE” OR “MINOR CHILD,” AS APPLICABLE.and each member of his household and all names and addresses under which each does business. 2. The name and address of each employer and of each other source of compensation other than gifts amounting to more than one thousand dollars received during the preceding calendar year by the local public officer and members of his household in their own names, or by any other person for the use or benefit of the local public officer or members of his household, a description of the services for which the compensation was received and the nature 2833806.1 3 of the employer’s business. This paragraph shall not be construed to require the disclosure of individual items of compensation that constituted a portion of the gross income of the business from which the local public officer or members of his household derived compensation. 3. For a controlled business, a description of the goods or services provided by the business, and if any single source of compensation to the business during the preceding calendar year amounts to more than ten thousand dollars and is more than twenty-five percent of the gross income of the business, the disclosure shall also include a description of the goods or services provided to the source of compensation. For a dependent business the statement shall disclose a description of the goods or services provided by the business and a description of the goods or services provided to the source of compensation from which the dependent business derived the amount of gross income described in Section 13, paragraph 4 ABOVE. If the source of compensation for a controlled or dependent business is a business, the statement shall disclose a description of the business activities engaged in by the source of compensation. 4. The names and addresses of all businesses and trusts in which the local public officer OR of members of his household, or any other person for the use or benefit of the local public officer or members of his household, had an ownership or beneficial interest of over one thousand dollars at any time during the preceding calendar year, and the name and addresses of all businesses and trusts in which the local public officer or any member of his household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with the amount or value of the interest and a description of the interest, office or relationship. 5. All real property interests and real property improvements, including specific location and approximate size, located in the Town, in which the local public officer, any member of his household or a controlled or dependent business held legal title or a beneficial interest at any time during the preceding calendar year, and the value of any such interest, except that this paragraph does not apply to a real property interest and improvements thereon used as the primary personal residence or for the personal recreational use of the local public officer. If a local public officer, any member of his household or a controlled or dependent business acquired or divested any such interest during the preceding calendar year, he shall also disclose that the transaction was made and the date it occurred. If the controlled or dependent business is in the business of dealing in real property interests or improvements, disclosure need not include individual parcels or transactions as long as the aggregate value of all parcels of such property is reported. 6. The names and addresses of all creditors to whom the local public officer or members of his household, in their own names or in the name of any other person, owed a debt of more than one thousand dollars or to whom a controlled business or dependent business owed a debt of more than ten thousand dollars which was also more than thirty percent of the total business indebtedness at any time during the preceding calendar year, listing each such creditor. This paragraph shall not be construed to require the disclosure of debts owed by the local public officer or any member of his household resulting from the ordinary conduct of a business other than a controlled or dependent business. Nor shall disclosure be required of credit card transactions, retail installment contracts, debts on residences or recreational property exempt from disclosure under paragraph 5 of this subsection, debts on motor vehicles not used for commercial purposes, debts secured by cash values on life insurance or debts owed to 2833806.1 4 relatives. It is sufficient disclosure of a creditor if the name and address or a person to whom payments are made is disclosed. If the local public officer, and any member of his household or a controlled or dependent business incurred or discharged a debt which is reportable under this subsection during the preceding calendar year, the report shall disclose that the transaction was made and the date it occurred. 7. The identification and amount of each debt exceeding one thousand dollars owed at any time during the preceding calendar year to the local public officer and member of his household in their own names, or to any other person for the use or benefit of the local public officer or any member of his household. The disclosure shall include the identification and amount of each debt exceeding ten thousand dollars to a controlled business or dependent business which was also more than thirty percent of the total indebtedness to the business at any time during the preceding calendar year. This paragraph shall not be construed to require the disclosure of debts from the ordinary conduct of a business other than a controlled or dependent business. If the local public officer, any member of his household or a controlled or dependent business incurred or discharged a debt which is reportable under this subsection during the preceding year, the report shall disclose that the transaction was made and the date it occurred. 8. The name of each source of any gift, or accumulated gifts from a single source, of more than five hundred dollars received by the local public officer and members of his household in their own names during the preceding calendar year, or by any other person for the use or benefit of the local public officer or any member of his household except gifts received by will or by virtue of intestate succession, or received by way of distribution from any intervivos or testamentary trust established by a spouse or by an ancestor, of gifts received from any other member of the household or relatives to the second degree of consanguinity. TRAVEL- RELATED EXPENSES AND POLITICAL CAMPAIGN CONTRIBUTIONS SHALL NOT BE CONSTRUED AS GIFTS IF OTHERWISE PUBLICLY REPORTED AS REQUIRED BY LAW. 9. A list of all business licenses issued by the Town, or by any other governmental agency which requires for its THEIR issuance the consideration of the application for such license by the Town Council of the Town, to, held by or in which the local public officer or any member of his household had an interest at any time during the preceding calendar year, including the name in which the license was issued, the type of business and its location. 10. A list of all bonds, together with their value, issued by the Town, any industrial development authority of the Town or any nonprofit corporation organized or authorized by the Town held at any time during the preceding calendar year by the local public officer or any member of his household, which bonds issued by a single entity had a value in excess of one thousand dollars. If the local public officer or any member of his household acquired or divested any bonds during the preceding calendar year which are reportable under this paragraph, the fact that the transaction occurred and the date shall also be shown. 2833806.1 5 11. THE NAME OF EACH MEETING, CONFERENCE OR OTHER EVENT WHERE THE LOCAL PUBLIC OFFICER IS PARTICIPATING IN THE PUBLIC OFFICER’S OFFICIAL CAPACITY IF TRAVEL-RELATED EXPENSES OF ONE THOUSAND DOLLARS OR MORE WERE INCURRED ON BEHALF OF THE LOCAL PUBLIC OFFICER AND THE TRAVEL-RELATED EXPENSES ARE NOT PAID BY THE LOCAL PUBLIC OFFICER. B. If an amount or value is required to be reported pursuant to this section, it is sufficient to report whether the amount or value of the equity interest falls within: 1. Category 1, one thousand dollars to twenty-five thousand dollars. 2. Category 2, more than twenty-five thousand dollars to one hundred thousand dollars. 3. Category 3, more than one hundred thousand dollars. C. This section does not require the disclosure of any information that is privileged by law. D. The statement required to be filed pursuant to subsection A shall be filed by all persons who qualified as local public officers at any time during the preceding calendar year on or before January 31 of each year, with the exceptions that a local public officer appointed to fill a vacancy shall, within sixty days following his taking of such office, file a financial disclosure statement covering as his annual period the twelve month period ending with the last full month prior to the date of his taking office, AND A LOCAL PUBLIC OFFICER WHOSE FINAL TERM EXPIRES LESS THAN THIRTY-ONE DAYS INTO THE IMMEDIATELY FOLLOWING CALENDAR YEAR MAY FILE THE LOCAL PUBLIC OFFICER’S FINAL FINANCIAL DISCLOSURE AT THE SAME TIME AS THE DISCLOSURE FOR THE LAST IMMEDIATELY PRECEDING YEAR. E. The Town Clerk shall prepare written guidelines, forms and samples for completing the financial disclosure statement required by this section. A copy of the guidelines, forms and samples shall be distributed to each local public officer and shall be made available to each candidate required to file a financial disclosure statement pursuant to Section 5 of this Resolution. F. ANY STATEMENTS THAT ARE REQUIRED TO BE FILED BY A LOCAL PUBLIC OFFICER PURSUANT TO THIS RESOLUTION ADOPTED PURSUANT TO A.R.S. § 38-545 MAY BE FILED IN AN ELECTRONIC FORMAT AS PRESCRIBED BY THE SECRETARY OF STATE. SECTION 5. DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT BY CANDIDATE FOR LOCAL PUBLIC OFFICE. A candidate for local public office as specified in Section 13, paragraph 6 ABOVE, shall file a financial disclosure statement covering the preceding twelve month period and containing the information described in Section 24 on a form prescribed by the Town Clerk at the time of filing nomination papers. 2833806.1 6 SECTION 6. 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 7. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney LOCAL PUBLIC OFFICERS FINANCIAL DISCLOSURE STATEMENT GENERAL INFORMATION 1. Who should file a financial disclosure statement? A. The Mayor and each member of the City/Town Council (hereafter referred to as local public officers). B. Every candidate for mayor and councilmember. 2. Where should a financial disclosure statement be filed? City/Town Clerk Address 3. When should a financial disclosure statement be filed? A. By every incumbent local public officer on or before the 31st day of January of each year, covering the previous calendar year. B. By every local public officer appointed to fill a vacancy within 60 days following the filling of such vacancy, covering as his annual period the twelve-month period ending with the last full month prior to the date of taking officer and thereafter on or before the 31st day of January of each year. C. By every candidate for local public officer at the time of filing of the candidate’s nomination papers for the preceding twelve-month period. 4. Violations: Penalties – A.R.S. § 38-544. Any local public officer or candidate for local public office who knowingly fails to file a financial disclosure statement required by an ordinance, rule, resolution or regulation of the City/Town, required by A.R.S. § 38-545, or who knowingly files an incomplete financial disclosure statement, or who knowingly files a false financial disclosure statement is guilty of a class 1 misdemeanor. Any public officer, local public officer or candidate who violates this chapter is subject to a civil penalty of fifty dollars for each day of noncompliance but not more than five hundred dollars may be imposed as prescribed in A.R.S. § 16-924. 5. Definitions: Section 1 of Resolution No. . A. "Business" includes any enterprise, organization, trade, occupation or profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture or sole proprietorship. B. "Compensation" means anything of value or advantage, present or prospective, including the forgiveness of debt. 1 C. "Controlled business" means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a fifty percent interest. D. "Dependent business" means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a ten percent interest, and during the preceding calendar year the business received from a single source more than ten thousand dollars and more than fifty per cent of its gross income. E. "Gift" includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not provided to members of the public at large. “Gift" does not include travel-related expenses that are publicly reported as required by law or political campaign contributions that are publicly reported pursuant to Title 16, Chapter 6. F. “Local public officer” means a person holding an effective office of the City/Town of . G. “Member of household” means a local public officer’s spouse and any minor child of whom the local public officer has legal custody. H. “Travel-related expenses” means any costs associated with transportation, food, lodging and registration fees and other expenses directly related to travel to, or from, a meeting, conference, or other event where the public officer is participating in the public officer’s official capacity. 6. Amount or Value Categories If an amount or value is required to be reported pursuant to this section, it is sufficient to report whether the amount or value of the equity interest falls within: A. CATEGORY 1 – One thousand dollars to twenty-five thousand dollars. B. CATEGORY 2 – More than twenty-five thousand dollars to one hundred thousand dollars. C. CATEGORY 3 – More than one hundred thousand dollars. 7. Information that is privileged or confidential by law need not be disclosed. 8. If disclosure of the identity of the local public officer’s spouse or minor child would otherwise be required, a local public officer may comply with the identification requirement by using the terms “spouse” or “minor child,” as applicable. 2 FINANCIAL DISCLOSURE STATEMENT (For use by Local Public Officers of the City/Town of ) Date For Calendar Year (Or other applicable period, please specify) 1. GENERAL INFORMATION List your name and home or work address, whether your spouse is a member of your household and the number of minor children who are members of your household. Also, list all names under which you and members of your household did business. Include controlled and dependent businesses (see definitions) and indicate whether a business is controlled or dependent, or both. (a) Name of Local Public Officer Home or Work Address (b) Is the Local Public Officer’s Spouse a Member of the Household? (c) What is the Number of Minors Who Are Members of the Household? (d) Names under which you, your spouse and members of your household (those persons listed in (a), (b) and (c) above) did business. You may use the terms “spouse” or “minor child,” as applicable. Local Public Officers or Controlled and/or Member of Household Business Name Business Address Dependent Business 3 2. SOURCES OF COMPENSATION List names and addresses of all employers and all other sources of compensation in excess of $1,000 received during the preceding calendar year by you, your spouse or members of your household (those persons listed in 1 (a), (b) and (c) above), or received by any other person for the use or benefit of you, your spouse or members of your household. Also, describe the nature of each employer's business and the services for which compensation was received. You Need Not List: • Income to a business listed in 1 (d), specifically those individual sources of compensation that constituted a portion of the gross income of the business from which you or members of your house hold derived compensation. Description of Employer’s Name & Local Public Officer or Address of Employer or Other Source Business and Individuals’ Services Member of Household of Compensation over $1,000 for Which Compensation Was Received 3. INFORMATION OR CONTROLLED BUSINESS In Columns (1) and (2) give the name of any controlled business and describe the goods or services provided by the business. If a single source or compensation to the controlled business amounts to more than $10,000 and 25 percent of the gross income of the business, indicate the nature of the goods and services provided to the customer or client and a description of the business activities if that customer or client is a business in Columns (3) and (4). If there is no such major client or customer, leave Columns (3) and (4) blank. You Need Not List: • The identity of any customer or client. • The amount of income from any customer or client. • The activities of any customer or client which is not a business. 4 (1) (2) (3) (4) Goods or Services Provided to the Business Activity Major Customer or of the Major Name of Controlled Goods or Services Client (more than Customer or Business (from Provided by the $10,000 and 25% Client, if a Item 1 (d)) Business of Gross) Business (Use additional sheet if there is more than one such major customer or client of a controlled business.) 4. INFORMATION ON DEPENDENT BUSINESS A "dependent business" is so-called because over half of its income is dependent on one major customer or client. A dependent business may also be a controlled business if the public officer or members of his household also own more than a fifty percent interest in the business. If a dependent business is listed as a controlled business under Item 3, it need not be listed in this item. Describe the goods or services provided by the business, the goods or services provided to the major customer or client and the business activity if the major customer or client is a business. You Need Not List: • The identity of any customer or client. • The amount of income from any customer or client. • The activities of any customer or client which is not a business. (1) (2) (3) (4) Goods or Services Provided to the Business Activity Major Customer or of the Major Name of Dependent Goods or Services Client (more than Customer or Business (from Provided by the $10,000 and 25% Client, if a Item 1 (d)) Business of Gross) Business (Use additional sheet if there is more than one such major customer or client of a controlled business.) 5 5A. OWNERSHIP/BENEFICIAL INTEREST IN BUSINESS OR TRUST; INVESTMENTS List the names and addresses of all businesses and trusts in which you or members of your household had an ownership or beneficial interest of over $1,000 at any time during the preceding calendar year, together with a description of the interest and value of the equity interest by category number. You should list stocks, partnerships, joint ventures, sole proprietorships and other equity interests. Also, list beneficial interests in trusts. Name and Address Value of of Business or Local Public Officer or Description of Equity by Trust Member of Household Interest Category # 5B. OFFICES OR FIDUCIARY RELATIONSHIPS IN BUSINESS OR TRUST List the names and addresses of all businesses and trusts in which you or any member of your household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with a description of the office or relationship. Regardless of any financial interest, you should list all businesses and trusts of which you or any member of your household is president, treasurer, secretary or trustee, etc. (Refer to the definition of "Business".) Name and Address of Local Public Officer or Description of Office Business or Trust Member of Household or Relationship 6 6. REAL PROPERTY OWNERSHIP IN CITY/TOWN OF List all real property interests and real property improvements located in the City/Town of , including location and approximate size in which you, any member of your household or a controlled or dependent business held legal title or a beneficial interest at any time during the preceding calendar year, and the value, by category, of the equity in any such property. If you or any member of your household or a controlled or dependent business acquired or divested any such interest during the preceding calendar year, disclose the transaction made and date that it occurred. If the controlled or dependent business is in the business of dealing in real property or improvements, disclosure need not include individual parcels or transactions, but the aggregate value of all such parcels You Need Not List: • Your primary residence. • Property used for personal recreation by you. • Individual parcels and transactions, if a controlled or dependent business is a dealer in real property.* Date Location and Local Public Officer or Value of Acquired Approximate Size Member of Household or Equity by or of Realty in City/Town Business from Items 3 or 4 Category #Divested *Business dealers in real property---state only name of controlled or dependent business and aggregate value of equity interests, by category number, of all parcels held during the year. Aggregate Value Name of Controlled or Dependent of Equity Interests Business Dealer in Real Property by Category # 7 7. DEBTS; EXCEPTIONS List names and addresses of creditors for all debts in excess of $1,000 owed by you or members of your household either in your own names or in the names of any other persons at any time during the preceding calendar year. List names and addresses of creditors to whom a controlled or dependent business owed a debt of more than $10,000 which was also more than 30 percent of the total business indebtedness at any time during the preceding calendar year. If the debt was incurred or discharged during the year, list whether it was incurred or discharged and the date. You Need Not List: • Debts resulting from the ordinary conduct of a business other than a controlled or • dependent business. • Credit card transactions. • Debts on residences or recreational property exempt from disclosure. • Retail installment contracts. • Debts on motor vehicles not used for commercial purposes. • Debts secured by cash values on life insurance. • Debts owed to relatives. • Any amounts. PERSONAL DEBTS OVER $1,000 Date Name and Address of Creditor Local Public Officer Incurred (or Person to Whom Payments or Member of Household and/or Are Made) Owing the Debt Discharged BUSINESS DEBTS OVER $10,000 AND 30% Date Name and Address of Creditor Local Public Officer Incurred (or Person to Whom Payments or Member of Household and/or Are Made) Owing the Debt Discharged 8 8. DEBTORS List the name of the debtor for each debt in excess of $1,000 owed at any time during the preceding calendar year to you and members of your household or to any other person for the use or benefit of the aforementioned persons. List the name of the debtor for each debt exceeding $10,000 owed to a controlled or dependent business which was also more than 30 percent of the total indebtedness to the business at any time during the preceding calendar year. Give the amount of each debt by category number. If the debt was incurred or discharged during the year, list whether it was incurred or discharged and the date. You Need Not List: • Those debts owed to you or members of your household resulting from the ordinary conduct of a business other than a controlled or dependent business. DEBTS OVER $1,000 OWED TO YOU PERSONALLY Date Local Public Officer or Incurred Member of Household to Amount by and/or Name of Debtor Whom Debt is Owned Category # Discharged DEBTS OVER $10,000 AND 30% OWED TO YOUR BUSINESS Name of Controlled or Date Dependent Business to Incurred Whom the Debt is Owed Amount by and/or Name of Debtor (Business from Item 3 or 4) Category # Discharged 9 9. GIFTS List each source of any gift or accumulated gifts in excess of $500 in value received during the preceding calendar year by you, members of your household or by any other person for the use or benefit of the aforementioned persons. You Need Not List: • Gifts received by will. • Gifts received by intestate succession. • Gifts received from intervivos (living) trusts established by a spouse or ancestor. • Gifts received from testamentary trusts established by a spouse or ancestor. • Gifts received from any other member of the household or relatives to the second degree of consanguinity. (Parents, grandparents, siblings, children and grandchildren of the recipient.) • Travel-related expenses that are publicly reported. • Political campaign contributions if publicly reported as political campaign contributions. • Amounts. Local Public Officer or Member of Name of Donor of Gifts over $500 Household---Recipient 10. BUSINESS LICENCES List all business licenses issued, by the City/Town of ____________ or by any other governmental agency which requires for its issuance the consideration of the application for such license by the __________ council of the __________ of __________, to, held by or in which you or any member of your household had an interest at any time during the preceding calendar year. Local Public Officer or Member of Household Type of Name in Which Holding Interest, if Not Type of Location of License License is Issued Issued in Own Name Business Business 10 11. LOCAL GOVERNMENT BONDS List all bonds, together with their value, issued by the City/Town of ____________, any industrial development authority of such city or town or any nonprofit corporation organized or authorized by such city or town held at any time during the preceding calendar year by you or any member of your household, which bonds issued by a single entity had a value in excess of $1,000. If the bonds were acquired or divested during the year, list whether they were acquired or divested and the date. Date Acquired Bonds Over Local Public Officer or Value by and/or $1,000 Issuing Agency Member of Household Category # Divested 12. TRAVEL-RELATED EXPENSES The name of each meeting, conference, or other event where you participated in your official capacity as a public officer if you incurred $1,000 or more in travel-related expenses, which were not paid by you. Meeting/Conference/Other Event Amount Incurred Name of Person/Entity Who Paid Expenses VERIFICATION I verify under penalty of perjury that the information provided in this Financial Disclosure Statement is in true and correct and fully shows all information required to be reported by me pursuant to Resolution No. . _________________________________________ Signature of Affiant (Typewritten signature accepted) 11 INFORMACION GENERAL 1. ¿Quién deberiá archivar una declaración de estado financiero? A. El Alcalde y cada miembro del Concilio Municipal (de aqui en adelante referido como funcionario público local). (Vea definción 5.) B. Cada candidato para funcionario público local. 2. ¿Dónde deberiá archivarse una declaración de estado financiero? SECRETARIO(A) MUNICIPAL 3. ¿Cuándo deberiá archivarse una declaración de estado financiero? A. Por cada funcionario echado público local, en o antes del treinta-un día de Enero de cada año, cubriendo el año calendario previo. B. Por cada funcionario público local nombrado a llenar una resulta, antes de 60 días siguiente al archive de tal vacante, cubriendo como su período anual el período de doce meses terminado con el último mes completo antes de la fecha de tomar puesto y después en o antes del treinta-un día de Enero de cada año. C. Por candidato para funcionario público local al tiempo de archivar los documentos de nominación de candidato por el período de doce meses anterior. 4. Violanciones: Penas E.R.A. 38-544. Cualquier funcionario público local o candidato para funcionario público local quien falle archivar una declaración de estado financiero requerida por E.R.A. Sección 38-545, o quien hábilmente archiva una declaración de estado financiero falsa es culpable de una mala conducta clase 1. Cualquier funcionario público local o candidato para funcionario público local quien infringe este capítulo está sujeto a penalidád civil de cincuenta dólares por cada día de incumplimiento pero no mas que quinentos dólares puede estar impuesto como prescrito en Sección 16-924. 5. Definiciones - Sección 1, Resolución número _______. A. "Negocio" incluye cualquier empresa, organización, comercio, ocupación o profesión, sea o no sea operada como una entidad legal o para ganacia, incluyendo cualquier negocio, consorcio, corporación, compañia, ventura unida o propietario unico. B. "Compensación" significa algo de valor o ventaja, presente o propectiva incluyendo el perdón de deuda. C. "Negocio Controlado" significa cualquier negocio en el cual el funcionario público local o cualquier miembro de su familia tiene propiedad o empeño beneficioso, individualmente o combinado, con valor a más de cincuenta por ciento de interés. 12 D. "Negocio Dependiente" significa cualquier negocio en el cual el funcionario público local o cualquier miembro de su familia tiene propiedad o empeño beneficioso, individualmente o combinado, con valor a más de diez por ciento de interés, y durante el año calendario anterior el negocio recibio de un solo manantial más de diez mil dólares y más de cincuenta por ciento de sus entradas totales. E. "Obsequio" incluye cualquier propina, descuento especial, favor, hospitalidad, servicio, oportunidad economica, préstamo o otro beneficio recibido sin consideracíon equivalente y no proveido a miembros del público en libertad. F. "Funcionario Público Local" significa una persona poseyendo una oficina electiva de la Ciudad de ____________. G. "Miembro de Familia" significa la (el) esposa (o) y cualquier niño menor del cual el funcionario público local tiene custodia legal. 6. Categorias de Cantidad y Valor - Sección 2, Resolución número _______. Si una cantidad o valor es requerido ser reportado de acuerdo con esta sección, es suficiente reportar si la cantidad o valor del interés equidad cae dentro: A. CATEGORIA 1 – Mil dólares a veinticinco mil dólares. B. CATEGORIA 2 -Más de veinticinco mil dólares a cien mil dólares. C. CATEGORIA 3 -Más de cien mil dólares. 7. Información que es privilegiada o confidencial por ley no necesita ser revelada. 13 DECLARACION DEL ESTADO FINANCIERA DE FUNCIONARIOS PUBLICOS LOCALES Fecha _______________________ Para el año calendario _______________________ ________________________________________ (o otra período, por favor especifique) 1. Informaciın General Escriba su nombre y dirección, y el nombre de cada miembro de su familia. También, escriba todos nombres bajo cuales ustedy miembros de su familia hicieron negocio. Incluya negocios controlados y dependientes (vea definiciones) y indique si el negocio es controlado o dependiente o ambos. (a) Nombre del funcionario público local Dirección (b) Nombre de la esposa/esposo del funcionario público local (c) Miembros de su familiar y/o otros perosonas que viven en su casa (d) Nombres bajo cuales usted, su esposo/esposa y miembros de su familia (las personas escritas en (a), (b)y (c) encima) hicieron negocio. Negocio Funcionario público controlado local o miembro Nombre del Dirección y/o Depende- de familia negocio del negocio diente 14 2. Compensaciın Escriba los nombres y direcciones de todos sus patrónes y todos otras procedencias de compensaciones en exceso de $1,000 recibidos durante el año calendario anterior por usted, su esposo/esposa o miembros de su familia (aquellas personas escritas en 1 (a), (b), y (c) en la página 3), o recibidos por cualquier otra persona para el uso o beneficio de usted, su esposo/esposa o miembro de su familia. Tambien, explique el tipo de negocio de cada patron y los servicios por cuales compensaciın fue recibida. No necesita mencionar: • Ingresos para un negocio escrito en 1 (d), especificamente, aquellas procedencias individuales de compensación que constituyeron una porción del los ingresos brutos del negocio de cuales usted, o miembros de su familia derivaron compensación. Descripción del Nombre y dirección negocio de patrón Funcionario público procedencia de y de los servicios local o miembro de compensación más cuales compensación familia de $1,000 fue recibida 3. Informaciın Sobre Los Negocios Controlados En las columnas (1) y (2) dé el nombre de todo negocio controlado y describa las mercaderias y servicios proveidos por el negocio. Si una sola procedencia de compensación para el negocio controlado sube a más de $10,000 y veinticinco por ciento de los ingresos brutos del negocio, indique en columnas (3) y (4) la clase de mercaderias y servicios proveido al comprador o cliente y una descripción de las actividades de negocio si tal comprador o cliente es un negocio. Si no hay tal cliente o comprador mayor, deje las columnas (3) y (4) en blanco. 15 No necesita mencionar: • La identidad de cualquier comprador o cliente. • La cantidad de ingresos de cualquier comprador o cliente. • Las actividades de cualquier comprador o cliente que no sea negocio. (1) (2) (3) (4) Mercaderias o Servicios proveidos para el comprador o cliente Nombre del Mercaderias mayor (más Actividades negocio y servicios de $10,000 y de negocio controlado proveidos vienticinco del comprador, [de ítem por el por ciento o cliente, si 1 (d)] negocio del grueso) es un negocio (Use hoja adicional si hay más que un tal comprador y cliente mayor de un negocio controlado.) 4. Informaciın Sobre Los Negocios Dependientes Un “negocio dependiente” es así llamado porque más de la mitad de su ingreso depende de un comprador o cliente mayor. Un negocio dependiente puede también ser un negocio controlado si el funcionario público o miembros de su familia también poseyen más de cincuenta por ciento de interés en el negocio. Si un negocio dependiente esta registrado como un negocio controlado bajo ítem 3, no se necesita registrar en esta ítem. Describa las mercaderias y servicios proveidos por el negocio, las mercaderias y servicios proveidos al comprador o cliente mayor y las actividades de negocio si el comprador o cliente mayor es un negocio. No necesita registrar: • La identidad del comprador o cliente. • La cantidad del ingreso del comprador o cliente. • Las actividades de un comprador o cliente que no es un negocio. 16 (1) (2) (3) (4) Mercaderias o servicios proveidos al comprador o Actividades de Mercaderias cliente mayor (más negocio del com- Nombre del negocio o servicios de $10,000 y prador o cliente dependiente proveidos cincuenta por ciento mayor, si un [de ítem 1 (d)] por el negocio del grueso) negocio (Use hoja adicional si hay más que un tal comprador o cliente mayor de un negocio dependiente.) 5A. Propiedad/Interes Beneficioso Registre los nombres y direcciones de todos los negocios y fondo en custodia el cual usted, o miembros de su familia tuvieron una propiedad o interés beneficioso de más de $1,000 en cualquier tiempo durante el año calendario anterior, junto con una descripción de interés y valor de interés de equídad por número de categoría. Debería registrar capital, sociedades de comercio, riegos en participación, sociedades de propietario unico y otros interéses de equídad. También, registre interéses beneficiosos en sociedades de comercio. Nombre y dirección Valor de del negocio o Funcionario público la equídad sociedad de local o miembro de Descripción por numero comercio familia del interés de categoría 17 5B. Relocciones Financerias Registre los nombres y direcciones de todos los negocios y sociedades de comercio en cual usted o cualquier miembro de su familia tuvo cargo o tuvo una relación fiduciaria en cualquier tiempo durante el año calendario anterior, junto con una descripción del puesto o relación. A pesar de cualquier interés financiero, debería registrar todos los negocios y sociedades de comercio en cual usted o cualquier miembro de su familia es presidente, tesorero, secretario, o fideicomisario, etc. (Véase la definición de “negocio”.) Nombre y dirección del negocio o Funcionario público local Descripción de puesto sociedad de comercio o miembro de familia o relación 6. Interés en Propiedad en La Cidudad de Registre todos sus interéses en propiedad inmueble y mejoramientos de propiedad inmueble situados en la Ciudad de _________, incluyendo localización y tamaño aproximado en cual usted, cualquier miembro de su familia o un negocio controlado o dependiente tuvo titulo legal o un interés beneficiario en cualquier tiempo durante el año calendario anterior, y el valor, por categoría, de la equídad en cualquier tal propiedad. Si usted o cualquier miembro de su familia o negocio controlado o dependiente adquirdo o despojo tal durante el año calendario anterior, descubra la transacción hecha y la fecha en que ocurrio. Si el negocio controlado o dependiente esta en el negocio de tratar en propiedad inmueble o mejoramientos, descubrimiento no necesita incluir paquetes individuales o transacciones, pero el valor agregado de todos tales paquetes. No necesita registrar: • Su residencia principal. • Propiedad usada por usted para recreación personal. • Paquetes individuals y transacciones, si el negocio controlado y dependiente es un commerciante en propiedad inmueble.* 18 Funcionario público Localizacion y tamaño local o miembro de Valor de Adaproximado de bienes su familia o equidad por raíces situados en negocio de ítems numero Feche adquidida la Ciudad de _________ 3 o 4 de categoría o des pojada *Commerciantes de negocio en propiedad inmueble – declare solamente el nombre del negocio controlado o dependiente y el valor agregado de interéses de equídad, por número de categoría, de todos los paquetes que tuvo durante al año. Nombre del comerciante en propiedad Valor agregado de interéses inmueble de negocio controlado o dependiente de equídad por numero de categoría 7. Deudas; Excepciones Registre los nombres y direcciones de los acreedores para todas las deudas en exceso de $1,000 debidas por usted o miembros de su familia ya sea en sus propios nombres o en los nombres de cualquier otras personas en cualquier tiempo durante el año calendario anterior. Registre los nombres y direcciones de los acreedores a quién un negocio controlado o dependiente debío una deuda de más de $10,000 que era también más de 30 por ciento de la deuda total del negocio a cualquier tiempo durante el año calendario anterior. Si la deuda fue incurrida o descargada durante el año, registre si fue incurrida o descargada y la fecha. No necesita registrar: • Deudas resultando de la conducta ordinaria de un negocio otro que un negocio controlado o dependiente. • Transacciones de carta de crédito. • Deudas en propiedad de residencia o recreación exentada de declaración. • Contratos de pagos parcial de venta por menor. • Deudas en vehículos de motor no usados para propósitos comerciales. • Deudas aseguradas por valores de fondos disponibles en seguro de vida. • Deudas debidas a parientes. • Cualquier cantidades. 19 DEUDAS PERSONALES MAS DE $1,000 Nombre y dirección Funcionario púbilico del acreedor (o la local o miembro de la persona a quién son familia que debe la deuda Fecha incurrida hechos los pagos) y/o descargada DEUDAS DE NEGOCIO MAS DE $10,000 y 30% Nombre y dirección del Nombre del negocio acreedor (o la persona controlado o a quién son hechos los dependiente Fecha incurrida pagos) (de ítem 3 o 4) y/o descargada 8. Deudores Registre el nombre del deudor para cada deuda en exceso de $1,000 que durante cualquier tiempo del año calendario anterior fue debida a usted y miembros de su familia o a cualquier otra persona para el uso o beneficio de las personas susodicho. Registre el nombre del deudor para cada deuda excediendo $10,000 debida a un negocio controlado o dependiente que era también más de 30 por ciento de la deuda total al negocio a cualquier tiempo durante el año calendario anterior. De la cantidad de cada deuda por número de categoría. Si la deuda fue incurrida o descargada durante el año, registre si fue incurrida o descargada y la fecha. 20 No necesita registrar: • Aquellas deudas que se deben a usted o miembros de su familia resultando de la conducta ordinaria de un negocio otro que un negocio controlado o dependiente. DEUDAS MAS DE $1,000 DEBIDAS A USTED PERSONALMENTE Funcionario público local o miembro de Cantidad por Fecha Nombre del familia a quién se número de incurrida y/o deudor le debe la deuda categoría descargada DEUDAS MAS DE $10,000 Y 30% DEBIDAS A SU NEGOCIO Nombre del negocio controlado o dependiente a quién se le debe la Cantidad por Fecha Nombre del deuda (negocio de número de incurrida y/o deudor ítem 3 o 4) categoría descargada 9. Regalos Registre cada origen de cualquier regalo o regalos acumulados en exceso de $500 en valor recibidos durante el año calendario anterior por usted, miembros de su familia o por cualquier otra persona para el uso o beneficio de las personas susodicho. No necesita registrar: • Regalos recibidos por testamento. • Regalos recibidos por sucesión de intestado. • Regalos recibidos de combinaciones establecidas por un esposo (a) o antepasados durante su vida. 21 • Regalos recibidos de combinaciones de testamentario establecidas por un esposo (a) o antepasados. • Regalos recibidos de cualquier miembro de la casa o pariente en el segundo grado de consanguinidad. (padres, abuelos, hermanos (as), niños y nietos del recipiente). • Contribuciones de campaña política si reportadas publicamente como contribuciones de campaña politica. • Cantidades. Funcionario público El nombre del donador de regalos local o miembro de mas de $500 familia – recipiente 10. Licencias de Negocio Registre todos licencias de negocio expedidas por la Ciudad de ________, o por cualquier otra agencia gubernative que requerir para su emisíon la consideración de la applicación para tal licencia por el Concilio Municipal de la Ciudad de ________, para, mantenida por o en cual usted o cualquier miembro de su familia tuvo un interés a cualquier tiempo durante el año calendario anterior. Funcionario público local o miembro de El nombre en familia que cual la tiene interés Tipo de licencia si no expedida Tipo de Localización licencia esta expedida en su nombre negocio del negocio 22 11. Bonos Del Gobierno Municipal Registre todos los bonos, juntos con sus valores, expedidos por la Ciudad de _______, la autoridad de desarrollo industrial de la Ciudad de ________, o por cualquier corporación de no beneficio organizada or autorizada por la Ciudad de ________, mantenidos en cualquier tiempo durante el año calendario anterior por usted o cualquier miembro de su familia, cuales bonos expedidos por una entidad sola tenian un valor en exceso de $1,000. Si los bonos fueron adquiridos o despojados durante el año, registre si fueron adquiridos o despojados y la fecha. Fecha Funcionario público Valor por adquiridos Bonos más Agencia de local o miembro número de y/o des- de $1,000 emision de familia categoría pojados V E R I F I C A C I O N Yo juro solemnemente que la declaración de Estado Financiero que aquí se registra es correcta en todosentido y demuestra totalmente la información que se requiere de acuerdo con la Resolución numero __________. __________________________________________ Firma del declarante 23 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 12/16/2016 Meeting Type: RegularSession Agenda Type: Consent Submitting Department:DevelopmentServices Staff Contact Information:Randy Harrel, Town Engineer;rharrel@fh.az.gov;480-816-5112 Strategic Planning Goal:Not Applicable (NA)Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2016-42 abandoning whatever right,title,or interest theTownhasin the certain public utilityand drainage easement located ina portion ofthe westerly side property lineof Plat 401B,Block5, Lot26 (17103 E.CyprusPoint Court),as recorded in Book 155,Page 12,records of Maricopa County,Arizona.(EA 2016-06) Applicant:Harold and Marlene Jackson Applicant Contact Information:17103 E.Cyprus Point Court,Fountain Hills, AZ 85268;Tele:602-859-2940 Owner:same Owner Contact Information:same Property Location:17103 Cyprus Point Court Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon a portion of the 10'public utility and drainage easement at the westerly side property line of Plat 401B,Block 5, Lot 26 (17103 E.Cyprus Point Court),as shown in Exhibit "A". All of the public utilities have approved of this abandonment. The applicant indicated that they would like to construct a shed near the center of the westerly side of their property,which may encroach into the current easement area.(Note:The applicants have not submitted a building permit application for this shed at the current time.) Town Staff has reviewed the proposed public utility and drainage easement abandonment.The applicant's application had requested abandonment of the full easement on this lot.However,the 100-year floodplain of Cyprus Point Wash encroaches onto the drainage easement width for the full rear of the lot,and extends past this easement area for part of the rear length,including along the westerly side of this lot (including a small portion of the westerly drainage easement area).The area proposed for abandonment in this Resolution lies fully outside of the 100-year floodplain limits.The applicant has indicated their approval of only abandoning the portion of the westerly easement area indicated in this Resolution,and abandoning none of the southerly easement area. Page 1 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent 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 the Fountain Hills Theater (Patricia Torrilhon)for the promotion a fund raiser to be held at the theater, located at 11445 N. Saguaro Blvd,Fountain Hills, AZ from 6:00 pm to 11:00 pm on Saturday and Sunday, February 11 and 12, 2017. Applicant:Patricia Torrilhon Applicant Contact Information:,PO Box 18312 Fountain Hills,AZ 85268 Property Location:11445 N.Saguaro Blvd,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 special event liquor license application submitted by Patricia Torrilhon representing the Fountain Hills Theater,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 ofthis 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 redact redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent 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 the Fountain Hills Theater (Patricia Torrilhon)for the promotion a fund raiser to be held at the theater,located at 11445 N.Saguaro Blvd,Fountain Hills,AZ from 5:00 pm to 11:00 pm on Sunday,April 30, 2017. Applicant:Patricia Torrilhon Applicant Contact Information:,PO Box 18312 Fountain Hills, AZ 85268 Property Location:11445 N.Saguaro Blvd,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 special event liquor license application submitted by Patricia Torrilhon representing the Fountain Hills Theater,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 redact redact redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent 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 Cellar 433 (John McLoughlin)for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience,from 10:00am to 5:00 pm, Friday, January 13 thru Sunday,January 15,2017. Applicant:John McLoughlin Applicant Contact Information:E Hampton Ave ,Mesa AZ,85209 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 John McLoughlin with Cellar 433, in conjunction withthe Fountain Hills Sculpture and Wine Experience by the Thunderbird Artists, 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 redact redact redact redact redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Recreation and Tourism Supervisor,480-816-5135 Strategic Planning Goal: NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Grand Canyon Winery, Inc (Charles Martinet)to be located along the Avenue of the Fountains, in conjunction with the Thunderbird Art and Wine Show, from 10:00 AM to 5:00 PM daily, from Friday, March 24 through Sunday,March 25,2017. Applicant:Charles Martinet Applicant Contact Information:480-822-7686,N. Via Paseo Del Dur,Scottsdale,AZ,85258 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 Charles Martinet representing Grand Canyon Winery, 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 redact redact redact redact redact redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent 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 Grand Canyon Winery,Inc (Charles Martinet)to be located along the Avenue of the Fountains,in conjunction with the Fountain Hills Sculpture and Wine Experience,from 10:00 AM to 5:00 PM daily, from Friday,January 13 through Sunday,January 15,2017. Applicant:Charles Martinet Applicant Contact Information:480-822-7686,N. Via Paseo Del Dur,Scottsdale,AZ,85258 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 Charles Martinet representing Grand Canyon Winery,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 redact redact redact redact redact redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Public Works Staff Contact Information:Justin T. Weldy,Street Superintendent,jweldy@fh.az.gov Strategic Planning Goal:NotApplicable (NA)Operational Priority:Pavement Management Program REQUEST TO COUNCIL (Agenda Language):Consideration of approving Cooperative Purchase Agreement C2017-068 with Sunline Contracting, LLC in an amount not to exceed $50,000.00 for pavement markings and symbols. Applicant:NA Applicant Contact Information:NA Owner:NA Owner Contact Information:NA Property Location:NA Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background): Pavement markings on roadways have important functions in providing guidance and information to the traveling public. Major pavement marking types used within the Town include striping of travel lanes,turn pockets,bike lanes,stop bars and symbols.In some cases,marking are used to supplement other traffic control devises such as signs and traffic signals.The Town is responsible for maintaining approximately 450,000 feet of pavement striping and approximately 300 pavement symbols and strives to maintain 20%to 25%of this amount annually. Risk Analysis (options or alternatives with implications):NA Fiscal Impact (initial and ongoing costs;budget status):$50,000.00 Budget Reference (page number):249 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):Staff recommends approval of the proposed cooperative purchase agreement. List Attachment(s):Contract 2017-068 Page 1 of 2 Contract No. C2017-068 2811053.1 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUNLINE CONTRACTING LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of December 15, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Sunline Contracting LLC, an Arizona limited liability company, (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Goodyear, Arizona (“Goodyear”) entered into Contract No. CON-13-2195, dated October 5, 2012, and amended through Contract Amendment No. 4, dated September 14, 2016 (collectively, the “Goodyear Contract”), for the Contractor to provide installation and/or removal of pavement markings. A copy of the Goodyear Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Goodyear Contract, at its discretion and with the agreement of the awarded Contractor, and the Goodyear 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 Goodyear Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with the installation and/or removal of pavement markings, as more particularly set forth in Section 2 below on an “as-required” basis (the “Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing 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 October 8, 2017, unless terminated as otherwise provided in this Agreement or the Goodyear Contract. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services under the terms and conditions of the Goodyear Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper 2811053.1 2 authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a “Work Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the Goodyear Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the Goodyear Contract will be subject to rejection. 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $50,000.00 for the Services at the unit rates set forth in the Goodyear Contract. 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 Goodyear Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Goodyear 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 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 ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify 2811053.1 3 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. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. 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. 10. 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. 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. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the Goodyear 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 Goodyear Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Goodyear 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. 2811053.1 4 12. Rights and Privileges. To the extent provided under the Goodyear Contract, the Town shall be afforded all of the rights and privileges afforded to Goodyear and shall be the “City” (as defined in the Goodyear Contract) for the purposes of the portions of the Goodyear Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Goodyear to the extent provided under the Goodyear 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. 14. 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 (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: 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 If to Contractor: Sunline Contracting LLC 820 North 17th Avenue Phoenix, Arizona 85007 Attn: Tim Passaglia 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 (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all 2811053.1 5 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) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Contractor" SUNLINE CONTRACTING LLC, an Arizona limited liability company By:A. e:WftMv A Vo^*Jl^ (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On hlOftftlhr &2016,before me personally appeared Cfo(/J$Ppf-feT ,the \ham(\\vfA Member of sunline contracting LLC,an Arizona limited liability compaft^,^hose 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. 2811053.1 LINAMKEEGAN NOTARY PUBLIC,ARIZONA PINAL COUNTY MyCommission Expires I ^jMy April 03,2018 i AfiiAiiuldiy sealIieie)"" J^n^JT}&JLL&aS^> Notary Public 2811053.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUNLINE CONTRACTING LLC [Goodyear Contract] See following pages. CONTRACT COVER SHEET For Contract Review-please route Contract through Fernando Camacho in Finance,Ext.#7844. A contract number will be assigned when it starts the review process. NOTE:Contract Numbers will not be issued via email or over the telephone.C700dy"e"C1r Pleasefill out this form completely or it will be returned to youprior to review,approval,or filing in LaserFicha If a response is not applicable,please use "N/A"-Do Not Leave Any Blanks Date Submitted for Review: Type(check one): Construction Contract® Change Order/Modification #NA IGA Development Agreement Amendment® #4 Easement Lease/Property Acquisition Other (please specify): IDENTIFYING INFORMATION: (Please fill in each field) Requesting Dept., Contact Name,Ext. #: Brief Summary of the Services to be provided: Engineering,Brian Harvel,7629 Installation/Removal of Pavement Markings Contractor Name,Address,Tel.No.: Terms: Sunline Contracting, LLC Start: 10/ 9/16 Expire: 10/8/17 7777 N. 70d'Avenue Contract Amount: $ 150,000.00 Glendale,AZ 85303 Council Date: COAC# N/A 490-528-2652 Don Coe, dcoe@sunlinecontracting.com City Clerk's Office Use—Retention Date: a1 ad Assigned Contract Number: CON— 13-2195-A4 REVIEWED AND APPROVED: Procurement: Date: Contracts/Procured Service . Legal: Date: All documents City Manager. Date: When required CONTRACT REVIENN' REQUIREMENTS 4 PT "RUD+S NOTE: Rents;LeIerty:lcutan and n entsrycic nat requare Procurement e xe Bfl # Mill be seen by Legal services . bs ewed and signer©ff b the City Manager&Legal Spricn to using to Ccauncil. Designate what method you used to arrive at this contract and whether the item is budgeted for: Less than$5000 $5,000 to$50,000—3 written quotes Cooperative Agreement On-Call/Task Order Formal Solicitation,hicl.Solicitation Number:OP- 13-2195 Other—please name(e.g.,sole source,demo,etc.&attach RAP(Request for Alternate Procurement) approved by Procurement Manager. Budgeted: ®Yes No Requires Council Action: Yes No® If yes,Council Date:— KURTM11 Additional Funding Source? Federal—Identify: State—Identify: Grant/Other—Identify: Attach all supporting documentation for funding source. ADDITIONAL COMMENTS? INSURANCE & BONDS ' be completed bN Insurance Certificate: F] Attached Procurement Initial Date: Bid Bond: Attached initial Date: 4 Performance Bond: Attached Initial Date: Payment Bond: Attached @ttiai Date: Changes are required to this contract/document as follows: Revised:Sept 2012 Office of Procurement NIP Contract Amendment 190 N. Litchfield Road No. 4 P.O. Box 5100 Goodyear,AZ 85338 Goodyear' Contract Number: CON-13-2195-A4 Phone: 623-882-7879 Installation andlor Removal of Pavement Markings CONTRACT EXTENSION Contract CON-13-2195 Is hereby mutually extended from 10/9/16 through 10/8/17 unless terminated, cancelled or extended as otherwise provided in the contract. There are no optional extensions remaining. No other forms, conditions, or performance standards written or implied are changed. Procurement Specialist: Russ Welborn, CPPB City of Goodyearne Contractl g,L q j By: 1 By: cqua Behrens, CPPB Date Signature Dat 1 ko4w_I Title: Procurement Manager V 1 Typed Name and Itle Attested By:Approve arm Maureen Scott, Clerk Roric Massey,Clty A mey INSTRUCTIONS TO OFFERORS OP 13-2195 I. PREPARATION OF OFFER a. lt is the responsibility of all Offerors to examine the entire solicitation package and seek clarification hom the responsible Procurement Specialist of any item or requirement that may not he clear, and to check all responses t(Jr accuracy beiore submitting an offer. b. All offers shall be on the forms provided in the solicitation package. It is permissible to copy these forms if required. Telegraphic (facsimile) or email bids will not be considered c. The Offer and Acceptance document shall be returned with the submittal with an original blue ink signature by a person authorized to sign the Olfer. Pricing documents and other documents which require information to be tilled i11 must be done in ink, typewritten or computer printed. No Offers will be accepted if pencil is used. Erasures, interlincations, or other modifications in the Offer shall be initialed in original blue ink by the m1thorized person signing the Ofter. d. It is the O!Teror's responsibility to obtain a copy of any addenda relevant to this solicitation. Failure to submit addenda with the solicitation response may be grounds for deeming a bid non- responsive. e. Offers shall be submitted in a sealed envelope provided by the ()f(eror, and should include the Offeror's name, address and solicitation number on outside of the sealed envelope/package. f. Periods of time, stated as a number of days, shall be calendar days. g. It is the responsibility of the Offeror to submit the offer at the place and by the time provided in the solicitation. h. Negligence in preparing an offer confers no right of withdrawal after the due date and time of the ofler. No ot!er shall be altered. amended, or withdrawn alier the specified ofter due date and time. 1. Offers shall include all costs as described and indicated by the specifications. The City is exempt tl·om Federal Excise Tax. including the Federal Transportation Tax. Sales tax, it' any, shall be indicated as a separate item. J. If price is a consideration, and in case of error in the extension of prices in the offer, the unit price shall govern. k. The City shall not reimburse the cost of developing, presenting, or providing any responses to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. l. Offeror shall submit one (1) original, marked "original'' and one (I) copies of their offer with their submittal. Revised 03/01!12 Pagc·2 of 56 2. SERIAL NUMBERS OtTers shall be f(Jr equipment on which the original manulircturer's serial number. if applicable, has not been altered in any way. l'hroughout the contract term. the City reserves the right to reject any altered equipment. 3. BRAND NAMES Any manufacturer's names. trade names. brand names. or catalog numbers used in the speci !!cations are for the purposes of describing and establishing the quality level, design and pert(mnance desired. Such references are not intended to limit or restrict bidding by other vendors, but are intended to establish the quality, design or performance which is desired. Any Offeror which proposes equal or greater quality, design or perf(mnancc may he considered. The city has the sole authority to accept or reject any like items. 4. SUBSTITUTIONS OR EXCEPTIONS The City reserves the option to not consider oilers for award if the Offeror: iJ takes any exception to the specifications and the City does not agree or accept the proposed changes: or ii) proposes a unite which does not meet the City's specifications exactly and the Ofteror does not additionally propose the specified unit prior to bid opening, and the City rejects the alternative identified. 5. DESCRIPTIVE LITERATURE All bidders shall include complete manufacturer's descriptive literature regarding the equipment and goods they propose to furnish. Literature shall be sufficient in detail in order to allow full and fair evaluation of the offer submitted. Failure to include this inl(mJJation may result may result in the bid being rejected. 6. PREPARATION OF SPECIFICATIONS BY PERSONS OTJIER THAN CITY PERSONNEL All specifications shall seek to promote overall economy for the puq1oses intended and encourage competition and not be unduly restrictive in satisfying the City's needs. No person preparing specifications shall receive any direct or indirect benefit ti·om the utilization of specifications, other than tees paid for the preparation of specifications. 7. INQUIRIES Any questions related to the solicitation shall be directed to the responsible Procurement Specialist whose name appears on the ti·mlt page via email only. The Oileror shall not contact or ask questions of other City staff or the City department for which the requirement is being procured. Any conespondence related to a solicitation should reter to the solicitation number, page, and paragraph number. All questions must be submitted no later than the close of business five (5) calendar days prior to the opening date. 8. BONDING A bid bond for ten (10%) of the offer price is required to be submitted with the ot1er. A performance bond for one hundred (I 00%) oft he Contract price is required at the time of execution of the Contract and shall meet the requirements of A.R.S., Title 34, as amended, if applicable, A payment bond for one hundred (100%) of the Contract price is required at the time of execution of this Contract and shall meet the requirements of A .R.S .. Title 34, as amended. if applicable. Revised 03/01112 Page 3 of 56 9. PRE-OFFER CONFERENCE A Pre-Offer Conference may be held. Attendance at scheduled Pre--Offer Conferences is mandatory. The date, time and location of the coni(orence arc indicated on the cuver page of this document The Purpose of this conference will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements nf this solicitation or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine if any action is necessary and may issue a written amendment to the solicitation. Oral slalemenls or inslrucrions ll'illno! conslilu/e m1 mne11dmenllo this solicitation. 10. LATE OFFERS/MODIFICATIONS/WITHDRAWALS Offers, modifications of offers, and withdrawals received after the due date and time spccit!cd for receipt will be rejected and returned to the Ofleror unopened. An Ofleror (or designated representative) may withdraw their offer via email to the responsible Procurement Specialist any time prior to the solicitation due date and time. 11. AMENDMENT OF SOLICITATION The Offeror must submit a signed copy of any solicitation amendment(s) with their offer. It is the responsibility of the Ofteror to obtain the amendment t!·om the City website. 12. PUBLIC RECORD/CONFIDENTIAL INFORMATION All offers submitted in response to this solicitation shall become the property of the City and shall become a matter of public record available !(Jr review, subsequent to the award. If the Offeror believes that any information provided throughout the procurement process should be withheld as confidential, it is the responsibility of the Otl:eror to submit to .the Procurement Manager a statement when the confidential information is submitted which identities those items the Offeror believes to be confidential and the legal reason(s) why they are contidcntial. The Procurement Manager shall review the request for confidentiality and advise the Offeror in vvriting if the information will be treated as confidential by the City. If the City receives a public records request tor any of the information determined to be confidential by the Procurement Manager. the City will use reasonable eftorts to give notice to the Offeror prior to the release of the information. 13. OFFER ACCEPTANCE PERIOD In order to allow for an adequate evaluation, the City requires an offer in response to this Solicitation to be valid for one hundred twenty (120) days alter the opening time and date. 14. DISCUSSIONS The City reserves the right to conduct discussions with Ot1erors !(Jr the pmvose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the submittal in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements. 15. PERSONNEL It is essential that the Offeror provide adequate experienced personnel, capable of and devoted to the successful accomplishment of the work to be performed in this Solicitation. The Offeror agrees that those persons iderititled in their submittal shall not be removed or replaced without a written request to and approval from the City. 16. AWARD OF CONTRACT a. The contract will be awarded pursuant to the provisions of the City of Goodyear Procurement Code. Unless the Offeror states otherwise, or unless provided within this solicitation, the City Revised 03/0ii!2 Pngc 4 of 56 reserves the right to award by individual line item, by group of line items, or as a totaL whichever is deemed most advantageous to the City. Notwithstanding any other provision of this solicitation, the Procurement Manager further reserves the right to i) waive any immaterial defect or informality: ii) reject any or all offers, or portions lhcrcoi': iii) reissue the solicitation: or iv) modify or cancel this solicitation. b. A response to a solicitation is an offer to contract with the City based upon the terms, conditions and specit!cations contained in the City's solicitation and the written amendments thereto. if any. If City Council approval is necessary, offers do not become contracts unless and until they are accepted by the City Council. A contract is formed when \YTitten notice of award(s) is provided to the successfi.Il Offeror(s). The Contract has its inception in the award document, eliminating a tormal signing of a separate contract. c. In the event the City should receive tWtl or more identical oilers, the awardee will be determined by lottery. 17. BUSINESS REGISTRATION PqUvllT All Ofterors awarded contracts with the City shall be required to obtain a City of Goodyear Business Registration Permit through the Goodyear Business Registration Oft1ce. For fmther infonnation call Tina Daniels at (623) 882-7874 or tina.danicls@I!.O_Q_dycaraz.gov. 18. PROTESTS a. Any interested pat1y may protest a solicitation issued by the City or the proposed award or the award of a City Contract by submitting a request in writing with the Procurement Manager for the City of Goodyear, with a copy directed to the City Attomey for the City of Goodyear as follows: Bob Carrier, CPPO, CPPB Procurement Manager City of Goodyear P.O. Box 5100 190 North Litchfield Road Goodyear. AZ 85338 Rorie Massey City Attorney City of Goodyear P.O. Box 5100 190 North Litchfield Road Goodyear, AZ 85338 b. Writing: All protests must be in writing and shall include the following information: • The name, address and telephone number of the protester; • The signatme of the protester or its representative; • The solicitation or contract number; • A detailed statement of the legal or factual grounds of the protest including copies of relevant documents: and • The tonn of relief requested. R3-4-16.0l c. Time Frame: To be considered, protests must be tiled during the time frmhe identified in the procurement code. • Pl'otests of' a solicitation must be tiled within five (5) days of the t1rst adveJ1ising of the solicitation. • Protests 4 an award must be tiled within ten ( l 0) days of the issue date of the Notice of Award or Notice oflntent to Negotiate and Award. Revised 03101112 Page 5 of 56 d. The Procurement Manager is required to notify all interested parties that a protest has been liled. END OF lNSTRlJCTfONS TO OFFERORS Revised 03101112 Page 6 of 56 3. WORK U)CATlONS The work to be performed under this contract will be dell ned on a project by project basis via a project scope process herein detlned. Striping may include ArteriaL Rural. Collector, Residential streets and parking lots within the City of Goodyear boundaries. The offeror shall commit to having ,;nftlcient local resources (materials. personnel and equipment) necessmy to do projects on a sh01t notice. The unavailability of resources within the City's rime frame l(w lirnding and/or a specific road closure can be the basis f(lr cancellation of the contnrct. The applicable City of Goodyear representative or appointed rcprcsentativc(s) has the authority to coordinate, schedule, conduct, inspect, accept, monitor perl{l!'lnance. and invoke warranty provisions within the stated provisions of this contract. The City of Goodyear representatives: City Engineer David Ramirez 195 N. 145'1' Ave. Goodyear, AZ 85338 Phone: 623-882-7954 SJxeet Superintendent Brian Barnes 4980 S 157'" Avenue Goodyear, AZ 85338 Phone: 623-882-750 I The contractor shall be responsible for coordinating all pavements marking work with the Street Superintendent. A written project scope and Purchase Order number for the pavement marking project from the Street Superintendent are necessary before any work can proceed on any project. Any work that is done by the contrnctor without proper authorization may not be eligible for payment. The City makes no guarantee regarding the use or non-use of this contract. The materials furnished and installed along with all other work pert(mned under this contract shall conform to all applicable State, Federal and local requirements. This includes the following: Manual on Unifonn Traffic Control Devices (MUTCD), curTent edition as adopted by ADOT; City of Goodyear Engineering Design Standards and Policies Manual current edition; MCDOT Pavement Marking Manual current edition; ADOT Standard Specifications for Road and Bridge Construction current edition plus all applicable Stored Specifications; ADOT Standard Drawings for Signing and Marking curTent edition and any documents referenced directly in the specifications and this IF B. 4. WORKDETAILS This contract will involve a number of different categories of pavement marking work. The necessary traffic control work and mobilization, if applicable, is regarded as in support of all the pavement marking work items and will be managed accordingly. The contractor shall supply all the necessary materials, labor, equipment and !raffle control to do all the pavement marking work described herein. The categories of pavement marking work are: • Waterbome Paint Markings (WPM) • Thennoplastic Markings (THM) • Raised Pavement Markings (RPM) & Tubular Markers • Existing Pavement Marking Removal (PMR) and/or Surface Preparation (SP) • Epoxy Markings (EPM) Revised 03/0 I 112 Page 8 of 5(, The technical requirements r·cgardint; all the work within this contract and the applicable Price Sheets will be divided into these live catct;orics. All the labor, equipment and other items necessary fDr the proper execntion of this work will be considered to be included within these live areas. The marking work described in the tlve categories will be further divided into two basic types of work based on application. The work unit,; nrc as lr1llows: UNIT 1. Short line work: Short line work is dclincd as those markings that are typically installed or removed using a walk behind hand cart unit. The types of markings installed or removed under payment items on the short line price sheets will include cross hatching, intersection guide lines, stop bars, crosswalks, legends, arrows .. raised curb painting and railroad markings. lhe short line work unit can also be used, at the approval oft he City, to reinstall short segments (±200 feet or leS>) or lcmg lines if necessary. UNIT 2 .. l.ong line work: Long line work is <leilned as those markings vvhich are typically installed or removed at a f.1irly rapid speed using a long line truck that has a driver and an operator. The types of markings to be installed or removed under payment items on the long line price sheets will include lane lines, center lines, edt;e lines, gore lines and storage lines. l'he arterial. collector, residential and parking Jots r-c·stripc projects will involve layout, removal and tape and renector tab work. The applicability or the specitlc project quantity value will be estimated on the proposed project scope. It shall be the contractor's responsibility to verify the indicated quantities and quantity value levels. Agreement on the project quantities is required be!\1re a Purchase Order can be issued. The estimated cost of the trartlc control shall be based on a plan that is equally applied to all contracts when this determination is made. The City also reserves the right to replace the Contractor's work forces with the City's forces. In the event of this action. the Contractor shall be compensated t(w all satislactorily completed work. Possible justi!iable occunenccs that may be the basis t(w the City to use these f\rovisions are as follows: I. Inability of the contractor to perform all or a major p01tion of the needed work. This includes the. suspension for a contract violation of the contractor from a prior pavement marking project. This also includes the contractor failing to l(lllow the commitment made and documented on the Certificates of Compliance (Attachment 3-Equipment and Attachment 4-Materials). 2. The non-availability of the contractor to do the work within the City's required time frame. 3. Prior documented poor perfonnance by the contractor to do pavement marking work in a safe, orderly and timely fashion that is in full compliance with these specifications. This includes poor workmanship; the use of inappropriate or defective methods, equipment and/or materials; the use of untrained personnel; and lack of proper supervision. Additionally, even after a pavement marking project hns commenced the City can, based on these same reasons, suspend a contractor finm the pr~jcct. The suspended contractor shall be responsible for the costs of all damages incurred to the City if this situation arises. This includes, but is not limited to, the removal of detective markings and the reinstallation of new markings by a replacement contmctor. The Street Superintendent will be the City's authority on all work accomplished on the pavement tnarking contract. 4.1 Project Procedures: The procedures tor pavemellt mm·king projects shall include the following: Revised 03/01/12 Page 9 of 56 Step I The City identifies the need l(w a project and send a wpy ol' the preliminary project scope to the contractor. The contractor will review and verify all aspects oi' the proposed project. This inclndes a pmject site visit to verity pavement and/or existing marking conditions. The contractor shall respond to the preliminary reqnest, within ten (10) \\Orking days. This response shall include: verification ol' the items ol· work need eel. an estimate ol' quantities/costs. traftic control plans/costs, a work plan and schedule. The contractor slwll deliver copies ofthcir response to the Street Superintendent via email. Step 2 lhc Citv will then review the project scope. costs and timing. The Cit)• will respond by entering a requisition for the work or revisi11g. 1hc scope.. Once a Purchase Order has been received, the Cit) wil! i~sue a Notice to Proceed. Stcp3 II pre-construction meeting\\ ill be scheduled if necessary to review traffic controL project timing and schedule and coordination with other street preservation contractors or City staff. The City shall issue an approved traffic control notification prior to any work being started. Step 4 The contractor shall conduct the work as scheduled and planned and shall coordinate directly with the City's authorized supervisor and inspector. /Ill work shall be perf(ll'lned in accordance with these specifications. the project scope and as directed by the City. If during the pavement marking project there is any change of condition and/or delay of the traf'tlc control plan 01' the striping project. the contractor shall docnment the change accordingly and notify the City representative immediately. No work beyond the scope of the original Purchase Order. or the contract shall be pert(mned without prior written authorization from the City. No work that is beyond the scope of the contract shall be authorized unless justitlcd and approved within the contract guidelines and authorized by an approved Change Order. The contractor shall submit daily reports to the City representative of all quantities of work completed. material used and compliance with traflic control via email. Step 5 The City may conduct a linal installation inspection based on all the requirements contained herein. The City will develop a list of any corrections the contractor needs to do bel(lre the project can be accepted. The contractor shall take the necessary action to correct all problems. Note: The City's initial acceptance and payment of any work performed on this contract does not relieve the contractor of any responsibilities of the performance of the pavement markings in the field per the requirements stated in Section 15. Step 6 Once all field activities have been completed, the contractor and the City shall meet, if necessary. to review and finalize the quantities eligible for payment. Additionally, any problems or <!iscrepancies will be discussed, resolved and/or assessed at this time. Once this is done the contractor shall prepare a sunlllWry of all the project quantities and payment items for the City approval and submit all invoices as agreed. Changes in this basic procedure and the reference forms are allowable if approved by the Street Superintendent. 4.2 Items of Work All items of work shall be provided in conformance io the specifications and as presented on the appropriate Unit Fee Schedule. 4.2. I General The Contractor shall provide all necessary pavement marking materials and incidentals to install the pavement markings as indicated on the project scope, Specifications and Price Sheets. Revised 03/01/12 Page 10 of 5(, 4.2.2 Method of Mcasuo·cmcnt The installation. removal of pavement marking lines, and surfllce preparation will be measured by the linear f(lot along the center line of the pavement marking line (or stripe) and will be based on the specilic payment item as herein described and specified on the appropriate Price Sheets. Any measurement of a line that is n<ll specilically addressed per the Price Sheets with a plan width and length that is greater or less than the basic fi1ur inches will be converted to the apprnpriate fom inch wide item by the t\1llowing method: Width of striping (inches) . (' ) "Length of striping (feet) 4 mches This measurement method is defined as the equivalent li1ur inch linear !(Jot. No measurement will be made of gaps (e.g. area of no marking) between the dashed lines. The installation and the removal of crosswalk lines, stop bars. stop lines, gore lines, cross hatch lines, chevron lines, the "X" in a railroad marking and raili'Oad marking transverse lines will be measured per· the linear foot per the width specified or the averaged width as measured in the field as equated by the equivalent l'i.Jur inch wide linear foot formula contained herein. This includes the installation of primer/sealer flx thermoplastic lines, the removal of PCCP curing compound and the removal or smface preparation of existing pavement markings. The installation, removal, and surface preparation of pavement marking symbols and legends simi I be measured by each unit. Each pavement symbol and each legend that exists in the field and/or· is a part of the project scope will be considered a unii. A symbol unit is defined as a complete turn arrow. combination arrow, through (or straight) arrow, bike lane symbol. A four letter legend unit is detlned as a complete "ONLY". "TURN", "XING", "RIGHT". "LEFT", or "STOP." All other pavement legends will be paid for based on the single letter. All curb painting shall be paid f(Jr by the actual lineal footage measured in the field by the contractor and approved by the City representative. Removal of curing compound from Portland Cement Concrete Pavement (PCCP) and the application of any primer sealer, which may be applied to both old and new PCCP, prior to the application of thermoplastic marking, shall be measured by the linear foot for lines (or stripes) or unit each for symbols and legends, respectively, depending on the nature of the work to be done. in accordance with the items of work established in the Price Sheets. 4.2. 3 Applied Quantities The contractor shall also provide detailed information on the linear feet, symbols and legends. 4.2.4 Application Requirements The work under all pavement marking installation items shall consist of cleaning and prepai'ing pavement surfaces and furnishing and applying all materials and retlectorized onarkings to the prepared pavement as required by the project scope and in accordance with the manufacturers' specifications, and the requirements of these specifications, A wide variety of work is required under this contract. The materials, method and equipment used shall conform to the necessaoy requirements to ensure proper and successful applicatiotl. All work performed on this contract shall be subject to inspection by the City. The contractor shall give the City tltll access and cooperation in the. discharge of these duties. 4.2.5 Pavement Marking Location Revised 03/01/12 Page II of 56 To prevent marker bond rail me the application of pavement markings shalll(>llow these installation location rules: Longitudinal lines (e.g. lane lines, edge lines, gore lines) slrould not he placed on I'CCP, AC. ACFC: or chip seal construction joints if at all possible. The lines shall be placed so the material is on the continuous even snrface of the pavement. The minimum offset is one (I) to two (2) inehes if possible, clear thm1 the construction and/ or expansion joints, and curb/pavementjoints unless otherwise shown on the plan;; or directed by the City. The edge line shall not be placed on the joint between the traveled lane and the slwulder. The placement of symbols and legends on construction joillts or uneven pavement surfaces shall be avoided. Relocations of symbols and legends in contlict shall be approved by the City. Markings shall be laid out as dct1ned on the project scope, project special instructions/plans and as directed by the City. When markings are placed over existing pavement markings, unless otherwise directed by the project scope. the new pavement marking shall overlay the existing pavement markings. The stmting and stopping points on long line applications shall not vary more than two (2) inches length wise and not more than !/,inch on the width. Overlaying of existing legend and symbols shall match the existing markings within one (I) inch or less. 4.2.6 Materials All pavement marking materials including the drop-on glass beads (as applicable). primer sealer (ifnecessar} for the thermoplastic markings) shall be inspected and approved by the City prior to their application. The contractor shall allow the City sufticient time and adequate access to all stomd or stockpiled materials to perfonn this inspection. Labor to move materials around to facilitate this inspection shall be supplied by the contractor. All materials used shall confonn to the Certificate of Compliance (Attachment 4) on record and this specification. No changes are allowed without prior written approval by the City. The City reserves the right to sample and test any materials used on the project. All materials that do not meet specifications will be rejected. All materials shall be properly packaged and stored and shall have accurate package markings that detlne the manufacturer. batch number and date of manufacture. Additionally. the material type and formulation shall be distinctively shown on each container. Material Safety Data Sheets (MSDS) and manufacture application requirements shall be attached to pallets or groups of materials as appropriate. All formulations shall be as required by the manufacturer I"H' the application equipment to be used by the contractor and per the requiremeuts of these specifications. The contractor shall provide a full accounting of all marking materials applied. Thus. it is imp01tant that the contractor caJ·etully monitor material inventories on every project. It shall be the responsibility of the contractor to provide for adequate disposal in approved landfills of any removed marking material, cleaning l1t1ids, excess material and all empty containers. Venting of paveinent marking materials on state propetty is allowed ifnpproved by the City. The contractor shall clean up all vented material. 4.2.7 Pavement Surface The contractor shall remove all dirt, dust grease, oil or other detrimental material from the road surface prior to application of any pavement marking material. This includes using a hand push broom to remove surface dust and dirt for all hand application work. This also includes poorly adhered existing pavement and pavement markings not defined as marker obliteration on the project scope. The surface of all existing markings to be overlaid shall be cleaned. · Revised 03/0t/12 Puge 12 of 56 The application of any marking material over a srn·face in poor condition shall not be allowed unless the surface is prepared (as stated in Section 4. 7 below) or if it is specifically requested on the Work Order and approved by the City. If a material is to be overlaid on the poor surface without preparation, the type of application shall be limited to waterborne paint or 40 mi I thicknesses of sprayed thermoplastic. It is the responsibility of the contractor to verify the condition of all surfaces prior to the finalization of a Work Order. The method of cleaning the surface is subject to approval by the City and shall include PM· I 0 approved machine sweeping, hand sweeping and the use of high-pressure air spray. All loose material including grindings and obliterated marking material shall be collected and removed from the pavement surface and properly disposed of. The method of surface preparation shall be per the recommendations of the pavement marking material manutacturer. The cost for cleaning and preparing the surtace, including abrasive sweeping and high· pressure air spray, shall be considered part of the cost for applying pavement marking material. No separate measurement or payment will be made lor this work, unless otherwise noted on the project scope per the applicable surface preparation and/or marking obliteration items. The road surface shall be absolutely dry with no surface dampness, dew or subsurface wetness. The day material is to be applied there shall be no forecast of rain for the day. If it begins to rain all marking operations shall be stopped. Pavement subsurface moisture can be present in amounts sufficient to affect proper bonding, even if the pavement surface appears dry. If the presence of subsurface moisture is suspected the following test procedure shall be perfonned prior to the start of pavement marking operations. A two foot by two foot section (or sheet) of clear plastic shall be taped to the roadway. The sheet shall remain on the roadway for at least a half hour. If at any time during this half hour significant moisture accumulates on the inside (or pavement side) of the plastic then pavement marking operations shall be delayed or postponed until such time the pavement has dried. 4.2. 8 Ail· and Pavement Temperature Each material has its specit!c application temperature requirements. The material manufacturer's recommendation regarding these temperatures shall be followed at ali times. If at any time during marking operations the temperature falls below these requirements all marking operations shall stop. Air and pavement surface temperatures shall be measured one half hour prior to, and one to two hours after striping installation activities begin and continue through the end of the day (if temperature specification is near critical). If needed, the City may require temperature readings be taken at shorter time intervals. The measured temperatures shall be recorded in a log book by the contractor. The pavement surface temperature shall be measured with an approved standard surface temperature thermometer or a non-contact infrared thermometer. 4.2.9 Calibration PI'Ocess Each day prior to the start of any pavement marking operations that involve paint or thermoplastic (for spray applications) the contractor shall calibrate the wet tilm thickness and glass bead application to those specified rates. Any WOI'k performed without the benefit of calibration may be rejected, Calibration details shall be submitted to the City at the City's request. The City has the right to reject any work completed daily where the calibration testing has not been submitted by the contractor. All glass bead application equipment shall be calibrated prior to the statt of striping operations so the application rate of the glass beads coincides with the required thickness of the pavement marking material and, if sprayed, the application speed. Revised 03/0t/12 Page 13 of 56 4.2. I 0 Glass Beads Drop-on glass beads shall be immediately mechanically deposited alter the paint thermoplastic 0r profile thermoplastic markings are applied. lfthe glass beads are n0t adhering to these markings as intended, allrlperations shall be stopped until the problem can be corrected. All markings that are determined by the City not to have sufficient drop-on gla's beads, as herein specit1ecl, shall be either removed and replaced ot· overlaid with new markings at no additional cost to the City. Drop-on glass beads anchor and retro-reflcct best at 55'% to 60% embedment of their diameter. 4.2.11 Thickness Pavement marking materials shall be applied to the required thickness. Contract remedies may be sought if markings are found by the City that is below the required thickness. lhe remedies will be directly proportional to the items installation cost plus a one cent per f(lot mark-up for trat1lc controL Thus, if a line is 10% less than the required thickness (the actual field thickness divided by the specified thickness x I 00) then a I 0% pay reduction will be applied to those quantities of markings that me found to be too thin plus one cent mark-up f(lr traffic controL The contractor shall make a consistent effort not to allow thickness problems to arise so the thickness penalty procedure can be avoided. The contractor shall make periodic spot checks of the required thickness to the applied markings for paint. thermoplastic and epoxy thickness. These checks shall consist of two or three per mile for long line applications and on every separate marking for short line applications. Random spot checks of the markings thickness may also be made by the City to ensure contormance with the requirements of these specifications. The contractor shall inspect the wet thickness immediately after the marking is applied by inserting a thin, graduated machinist rule or similar instrument into the wet material to the depth of the underlying surface. The thickness is then determined visually by noting the depth of penetration. The City's inspector may use this method or an alternative spot check procedure which is to place a small flat sheet of black painted metal or tape with a known thickness immediately ahead of the striping apparatus. After striping, the sample shall be measured with a suitable measuring device to determine the thickness of the marking. lf the thickness of the applied markings is not conforming to the requirements of the specifications within acceptable parameters all marking operations sl1all stop. Waterbome paint markings shall not be applied any thicker than 16 to 17 mils. Corrective action shall immediately be taken (e.g. adjusting application speed and/or pressure or gun flow settings) to ensure that the proper thickness is being applied. Corrective measures may include the reapplication of additional thickness to already applied markings that arc known to be thin. If three Ot' more stops are made to correct thickness problems. the City may order the contractor to recalibrate per the procedures stated herein. 4.2.12 No-Tracl<and Drying Time Each pavement marking material has its own specitlc no-track and drying time that vaty greatly with ambient weather conditions. The contractor shall coordinate with the material manufacturer on the times that apply to their materials. The no-track and drying times shall be accounted for in all traftlc control plans. Traftlc shall not be allowed on any paint or thermoplastic marking until it has reached no-track. No-track is the lapsed time that is required for the markings, as applied in the tield with glass beads, not to splash or track any applied marking material when run over with a vehicle tire. The Contractor shall be responsible tor all claims made tor markings splashed on vehicles arising ti·om the contractors operations. Coning of applied markings shall be performed as necessary. The contractor shall be responsible for any corrective action or remedial repairs necessaty due to damage to striping or street treatments from tracking during the dtying time. The drying time shall be det1ned as the minimum elapsed time, after application. when the pavement markings shall have and shall retain the characteristics required herein and after which normal traffic will leave no impression or Revised 03/0t/12 Page 14 of 56 imprint on the newly applied markings. The City may conduct a tlcld test in accordance with ASTM 0-711 to verify actual drying. 4.2.13 Appearance and Width of Placed Markings The finished pavement marking line shall have well defined edges and be !fee fi·om waviness. Lateral deviation of the line shall not exceed one inch in 100 feet. The longitudinal deviation of a line segment and gap shall not vary more than six inches in a 40 foot cycle. According to the width of line called f\1r on the plans the actual width of line shall be within the limits specified in the lclllowing table: Plan Width Actual Width 4 inches 4 to S inches 6 inches 6 to 7 inches 8 inches 8 to 9 inches Over 8 inches Plus I to 2 inches Aller application and sufficient drying time, the marking shall show no appreciable deformation or discoloration under local traffic conditions in an air and/or road temperature ranging from -I 0° to+ 180° F. 4.2.14 Retroreflectance The white and yellow pavement markings shall have the following minimum retroreflectance values as measured by a 30 meter Mirolux 30 or equivalent portable retroreflectometer initially. and/or forty-Eve (45) days after application to the roadway surface: Product Retroreflectance (Millicandelas) White 175 Yellow 125 The sample rate to determine if the applied markings meet this requirement will be based on a minimum of four randomly selected points taken approximately at qumier points tlwoughout the entire length of the project. Readings taken at each point shall be for each type of marking that is represented at that location. Such as edge lines, lane lines, legends, symbols, stop bars and cross walks. Three readings will be taken and then averaged with the compliance determination based on the average of those three readings. Additional sample points may be taken by the City. The City considers the Road Vista Stripe Master I or Stripe Master II or equal to be portable retro-reflectometers for determining the requirements stated herein. If approved by the City, the Contractor may elect to increase bead application rates to ensure conformance within these requirements. 4.3 Other Requirements All work items shall confonn to the applicable requirements specified In the following documents: Revised 03/01/12 Page 15 of 56 • Arizona Department ol' Transportation, Standard Specitlcations for Road and 13ridge Construction. 2008 Edition including errata, and addenda and all related Stored Specilications. • Arizona Department of Transportation, Materials Testing Manual (TilE DEPARTMENT MX!l-TWO-D), Materials Section, Current Editiou (Materials Testing Manual). • American Society l(lr Testing Materials (ASTM), Standard Specitlcatinns. • American Association of State Highway and Trnnsportation Oftlcials (AASIITO), Standard Specifications lor Transportation :Vlarerials and Methods of Sampling and Testing. • Manual on Unil(mn Traffic Control Devices (MUTCD), current edition. as adopted by the City. o City of Goodyear Engineering Standards and Policies Manual (Viewed online at www.goodyearaz.gov) • Maricopa County Department of Transportation Pavement Marking Manual Copies of materials can be obtained directly from the listed organizations. 43. I Brand Name The brand name products that are known to be in conformance with these specifications arc listed in Section \3. Alternative brands will be considered if proven to be of equal or better quality than those listed. 4.3.2 Technical Discrepancies If, at any time, the Offeror is aware of any discrepancies between this specification and any other standard or criteria referenced they shall notify the City in writing. This notification shall provide detailed information regarding the potential problem and present possible solutions, 4.3.3 Satisfactory Perfonnancc Life All materials shall be applied per the manufacturer's recommendations and per the applicable requirements of the specifications. Satisfacto1y performance life shall be considered to be achieved if the actual life of the applied markings do not deteriorate due to natural causes and normal road wear within the specified expected pavement marking life times. The minimum expected pavement marking lifetimes are detailed in Section 15. The contractor shall COtl'ect any unsatisfacto1y performance conditions within that time ti-mne without cost to the City. Consistent unsatisfactmy perfc1rmancc may be grounds lor parcel or total cancella.tion of a contract. Unsatisfact01y performance conditions include, but arc not limited to, the display of the following: • Any cracks and/or breaks in any portion of the applied materials that may cause a loss of adhesion or unsightliness that is clearly visible to passing motorists. • Any shrinkage that is more than 1/4 inch. • Any delamination of any layer. • Significant discoloration to the point that the marking fails to con!t)flll to specified color. • Significant cracking, crazing, blistering, flaking or chipping that ca\JSes the markings to look unsightly and worn out. • Loss of nighttime retlectivity, All markings shall have a retroretlectivc appearance. • Initial retroretlectance that is below the required minimums (Section 4.2.14). • The markings were not placed properly per the requirements of the specifications. • Loss of adhesion due to underlying dirt that should have been cleaned off before the markings were placed. Subjective and/or objective measun:s as based on this specification and other nationally accepted standards and practices will be used by the City to judge unsatisfactory pcrtormance. The contractor shall warranty all applied materials specified to expected pavement marking life times. Revised 03/01/12 Pagc16o1'56 4.4 WATERBORNE PAINT MARKINGS(WPM) Description The work under this 'ub,ection shall cntEbt of cleaning and preparing pavement 'urfaces and furnishing and applying reflectorized waterbomc paint pavement markings using a hand cart (or short line) spray device (with wand attachment) and long line spray truck. The paint shall be applied to the locations, shapes. widths and thickness as required by the project scope. details sho11n on any attached plaus (if applicable) and iu accordance with the manufilcturcr:-;1 .specification~\, these specification:' and as directed by the City. The materials, calibration. testing, color, glass bead types, equiptncnt and application shall conf(mn to ADClT Standard Specillcations for Road and Bridge Construction 2008 Section 708. 4.5 THERMOPLASTIC MARKINGS (THM) Description The work under this subsection shall consist of cleaning and preparing pavement surfaces and furnishing and applying either white or yellow thermoplastic retlectorized pavement markings. This shall be accomplished using hand car1 extrusion or long line spray dispensing devices of the reqtrired shape and thickness to the prepared pavement surface at the \ocatinns specified on the project scope. This work shall be pcr!c1fmed in accordance with the details shown 011 any attached plans. if applicable, the manufacturers' specifications, the requirements of these specifications and as directed by the City. The materials, calibration, testing, color, glass bead types, equipment and application shall conform to ADOT Standard Specitlcalions for Road and Bridge Construction 2008 Section 704. Extruded 90 mil thermoplastic turn lane guidelines that go through signalized and nonsignalized intersections shall be paid for by each four-inch wide by two-foot long stripe or line installed. 4.6 EPOXY MARKINGS (EPM) Description The work under this subsection shall cotbist of cleaning and preparing pavement sut·taces and furnishing (if not furnished by the City) and applying either white or yellow sprayed reflectorized epoxy pavement markings to the prepared pavement in accordance with the manufacturers specit!cations. the project work plan, the requirements of these specifications, and as directed by the City. The marking configuration, glass bead application requirements and thickness shall be specilled per the Contract Work Order. Epoxy pavement mari<ings shall not be applied to new AC pavement surfaces for a minimum of 30 days after the pavement has been placed. Additionally, the surface to which they are applied shall be virtually free of any existing striping. It is allowable to place the epoxy markings over n very ihin layer of temporary centerline striping that has been in place a minimum of 30 days. Epoxy materials shall not be placed over any existing striping or edge lines unless they are 85 to 95 percent removed. 4.6.2 Materials General The epoxy pavement marking material shall be a \00 percent solids UV-stabilized system, for111ulatedand designed to provide a simple volumetric mixing ratio of the two components (resin and catalyst). The characteristics of the material shall be such that complete and even coverage of specified areas to the required thickness is provided by the required application method and rate. Upon dtying the epoxy material shall produce an adherent durable reflectorized marking capable of resisting deformation and wear in the roadway. The material sltall be suitable for application to old and new asphaltic concrete and Portland cement concrete pavement surfaces. Revised 03/01/12 Page 17of56 4.6.3 Curing and No-Tmck Time No-track time shall be de lined as the time necessary lllr the epuxy marking to cure to a nutrack condition. The epoxy marking, when properly applied with the required gradations and head application rates per gallon, shall cure to a no-track condition. when tested in accordance 11·ith ASTiv1 D 711, within 30 minutes at 40° F and no more than 20 minutes at temperatures ol' 70° For more. Faster dry f(mnulation, other than those products listed in the Special Tenm and Conditions. can be used i 1· epoxy markings arc to be applied under traffic on two-way roadways. The applied epoxy material shall be capable of f'u lly curing at a minimum pavement surtacc temperature of 32° F. At a room temperature of75° 1: (+/-2°) a sample shall be capable ofcming to full strength in 72 hours. 4.6.4 Drop-On Glass Beads The drop on reflective glass beads shall conform to the requirements of Subsection 708-2.02 ol' the Standard Specifications, except the bead coating shall be per the bead manut:1cturer's recommendation Jill· use with epoxy. The glass beads shall display no tendency to absorb moisture in stc1ragc. and shall remain fi·ee of clusters and lumps. The beads shall flow freely from dispensing equipment at the time of application. 4.6.5 Installation Requirements Epoxy Application Equipment The long line pavement marking equipment shall have a system capable of spraying both yellow and white epoxy pavement markings. The short line application equipmem can be suitable for only one color. The marking vehicle shall be of suft1cient size and stability with an adequate power supply to produce lines of uniform dimension, with square edges, and proper mix of the two component parts to ensure proper application. The long line equipment shall be capable of placing markings and applying glass beads at both the left and right sides ofthe truck, and placing two lines simultaneously with either line in a solid or intermittent pattern in either yellow or white. All sprayers shall be in full view ol'the opcmtors at all times. The application of sh01t lines (stop lines, crosswalks, legends, and symbols) shall be accomplished via a hand wand attachment to a long line truck. All short line markings shall be applied utilizing pre-cut templates that are fashioned in a manner to provide neat and square marking edges that arc in accordance with the required marking configuration. Beads shall he hand applied. Bead application rates shall be achieved by using pre-measured buckets. The beads arc then to be evenly distributed over the markings. 4.6.6 Application All epoxy pavement marking materials and glass beads will be inspected and approved by the City Inspector prior to their application. The contractor shall also provide samples of said materials if requested by the City. When epoxy markings are to be applied to new Portland cement concrete pavement, any curing compound present shall be removed by means of a high-pressure water jet or sandblasting, followed by sweeping and high-pressure air spray. The curing compound shall be removed at least one inch beyond the width of the marking to be itistalled. The removal of curing compound will be paid for separately. The standard application thickness and bead rates for epoxy markings shall be as follows: No. Revised 03/0t/12 Type of Material and Application Surface Type Thiclmcss Bead Application Page I X 1.1( 56 2 3 Epoxy long lines Epoxy long lines Epoxy short lines, legends and symbols Any (poor surlaccs should be prepared pl'ior to application) Ncv~c' pavement clean pavl;!ment or one thi11 coat of paint Any 0.0 I 5 oc OJJ02" 0.0?.5 ±(I 002" 0.025 _L 0.002" 22 lbs. of ADOT standard beads per gallon 22 \los. of ADOT standard beads per gallon 22 ll". of ADOT standard beads per gallon NOTES: (!)"Long lines" -l.1ne lines. edge lines. centerlines, gore lines. and ramp skip lines (2) "Short lines"-arc crossbars, crosswalks, intersection turn lines, cross hatch, or any other transverse line which crosses a traffic lane The contractor shall protect the newly applied epoxy pavement marl<ings ft·om traffic during the required drying time. Coning on two-way madways is required. 4.7 PAVEMENT MARKING REMOVAL (PMR) AND SURFACE PREPARATION (SP) Description The work under this subsection shall consist of all the necessary work to remove (or obliterate) existing pem1anent white and yellow pavement markings (lines, legends, symbols and raised pavement markers) or prepare these types of surfaces for restriping in accordance with the applicable requirements of the project scope, these specifications and as directed by the City. The work shall also include the cleaning of surrounding pavement surfaces, removal and disposal of removed material and pavement repair as necessary. The markings to be removed shall be as detailed on the project scope. 4.7. I Work Requirements Painting over existing pavement markings or covering with pavement treatments does not constitute obliteration. This includes the application of new permanent markings over existing markings designated to be removed. If the project scope specifies removal, then all markings arc to be removed and the surface cleaned prim· to the application of new markings. If the project scope specifies surface preparation, then all existing marked surfaces scheduled to be remarked are to be prepared and surface cleaned prior to the application of new markings. The removal of lines for tlw arterials, collectors and residential streets will include all materials and widths. All obliteration and surface preparation shall be by an abrasive with a waterborne substance, air driven substance, or grinding method. No other method is acceptable. However, all obliteration and surface preparation methods used shall be in compliance with all federal, state and local safety and environmental laws. It is the contractor's responsibility to apply for any required permits (il' applicable) in a timely fashion so as not to create a delay. Pavement surfaces that are unduly damaged as a result of obliteration or surface preparation work shall be repait·ed in a manner acceptable to the City at no additional cost to the City. This reqliirement only applies to those pavement surfaces that are judged by the City to be in good shape prior to any removal or surface preparation activities. Revised 03i0 I il2 Page 19 t)f 56 Pavement grinding shall not penetrate the pavement 't11face more than )'; inch. Grinding of pavements installed within the past year is not recommended. It 'hall be the responsibility of the contractor to provide for adequate disposal of removed material in approved landfills. Dumping of removed materials on City property is prohibited unless approved by the City. After removing the existing pavement markings ur preparing marked surtitces iclentitted. the contractor shall immediately cleaJHtp and contain all loose material ti·01n the road surfitcc prior to reopening the roadway to traffic. The method of cleaning the suri11Ce is subject to approval by the City and shall include sweeping and/or vacuuming. All loose material including all grindings and obliterated marking material shall be collected and removed ti·om the pavement surface and properly disposed or. If the area in which markings have been removed or surlitce prepared is going to have new markings applied to it, then the method of surlitce preparation shall also be per the recommendations of the pavement marking material manufacturer. The cost lc)r drying (if water method is used) or cleaning and preparing the surface. including abrasive sweeping and high-pressure air spray, shall be considered pari of' the cost fur applying the new pavement markings and no separate measurement or payment will be made for this work. unless otherwise noted on the project scope or herein included nnd described. The application of primer sealer for thermoplastic and the removal of PCCI' curing compound will be paid for under a separate items. Markings that are obliterated (or removed) shall be 98% to I 00% removed. If existing pavement markings are to be overlaid with new markings, then the existing markings surface shall be prepared so that the new markings are placed on existing material (existing markings or pavement) that is well adhered to the pavement. To accomplish this, the contractor shall remove a minimum of 20% of the existing markings. The obliteration (or removal) of pavement marking lines will be measured by the linear toot along the center line of the existing pavement marking line (or stripe) and will be based on a six inch wide line based on type material it appears to be (thermo/tape/epoxy or paint) and the pavement surface that it is on (PCCP or AC) regardless of thickness or the number of layers. The most difficult marking material to remove will govern which payment item is to be used for that work. 4.8 RAISED PAVEMENT MARKINGS (RPM) The work under this section shall consist of cleaning and preparing the pavement surface: fumishing all materials, equipment, tools and labor; and placing raised paveme11t markers of the type specilied at the locations and in accordance with the details shown on the plans and the requirements of these specifications. 4.8.1 Reflective pavement marl<ers shall be of the following type: • Type C Clear, red • Type D Yellow, two-way • Type E Clear, yellow • Type G Clear, one-way • Type H Yellow. one-way • Type Bll13lue. hydrant marker All RPMs shall conform to ADOT Standard Specitications for Road and Bridge Construction 2008 Section 706. 4.8.2 Construction Requirements The portion of the street to which the markers are to be attached shall be free of di1i, existing painted lines, curing compound, grease, oil , moisture, loose or unsound layers and any other material which could adversely affect the bond of the adhesive. The method of cleaning the pavement surface and removal of detrimental material is su~ject Rcvised03/01112 Pngc20oi'56 to approval by the City representative and shall include sweeping and the use of high-pressure air spmy. On PCCP and old asphaltic concrete pavements. cleaning shall be accomplished by sandblasting, t()Jkmed by sweeping and/or air blowing. Newly placed asphaltic concrete pavement need not be sandblasted unless. in the opinion of the City representative. the sml'ace is contaminated with materials that would adversely affect the bond of the adhesive. The adhesive shall he placed nnil'ormly on the cleaned pavement surlacc in an amount suftlcient to result in complete coverage of the area of contact of the markers, with no voids present and with a slight excess after the markers have been placed. l'he markers shall be placed in position and pressure applied until tlnn contact is made with the pavement. The markers shall be protected against impact until the adhesive has set to the degree acceptable to the Engineer. Excess adhesive on the pavement and on the exposed surfaces of the markers shall be immediately removed. Thinners or solvents which may be detrimental to either the markers nr the bond provided bv the adhesive shall not . . be used in removing excess adhesive. Markers shall not be installed when the temperature of the pavement smface or the atmosphere is less than 40 degrees l', when the relative humidity is 80 percent or higher or when the pavement surlace is not dry. All markers shall be installed to the line approved by the City representative and in such manner that the retlective face of the markers is perpendicular to a line parallel to the roadway centerline. No pavement markers shall be installed over longitudinal or transverse joints of the pavement surfnce. 4.9 TUBULAR MARKERS The work under this section shall consist of !ln·nishing and installing llexible tubular markers in accordance with the details shown on the project plans and the requirements of these specifications. The work shall also include the removal and salvage of the markers when ordered by the Street Superintendent. 4.9.1 Matel'ial The post shall be ot' a tlexible material which is resistant to impact. ultraviolet light, ozone. hydrocarbons and stiffening with age. The base shall prevent post removal by impact or vandals. The post and base shall exhibit good workmanship and shall be free of burns, discoloration, contamination, and other o~jectionablc marks or defects which affect appearance or serviceability. The post shall be designed to resist overturning, twisting and displacement t\·om wind aud impact i(wces. A 50-mile per hour wind load shall not deflect the post more than two inches f\·om the at-rest position. Measurement shall be made at the point of maximum deflection and normal to the movement. The post shall have minimum tensile strength of I, I 00 pounds per square. All tubular markers shall conform to ADOT Standard Specificntions for Road and Bridge Construction 2008 Section 707. 4.9.2 Construction The base shall be installed with. an epoxy adhesive or acceptable alternate, in accordance with the manutacturer's specifications. When used in a construction work zone, it shall be the contractor's responsibility to keep the tubular markers bright and clean Cor maximum target value. When replacement, repair or resetting of markers is necessary during traffic control in a construction work zone, such work shall be done immediately by the contractor. Revised 03/01/12 Page 21 of 56 6.1.3 A travel lane shall be defined as len (10) !Col of road11ay with a sale motor vehicle operating speed of twent) ·flve (25) miles per hour. 6.1.4 A travel lane will not be considered as satislilctmily open to trarllc unless it is paved with a minimum ol' two (2) inches of asphalt. 6.1.5 The Contractor shall provide and maintain all necessary tranlc controls, and must provide traftic coutrol outlined in the approved tranlc control plan to protect and guide trnfllc l(w all work in the construction area. 6.1.6 Intersection area shall be de lined as all of the area within the right-of~way or intersecting streets, plus three hundred (300) feet beyond the center of the intersected streets 011 all legs of a signalized intersectio11. 6.1.7 The Contractor shall be required(,, provide a nnit(mned o(f.duty City ,,r Goodyear police otfker to assist with traffic control whenever traffic in any one direction is restricted to one lane at a signalized major intersection or at other locations if it should become necessary in the opinion ol· the City representative. If the Contractor chooses to use a police ofticer at other locations during peak trafllc hours or to assist with his other traffic control operations, the cost shall be included in the lump sum for "Traftlc Control" and not paid out of the hours allowed for "Off Duty Goodyear Police Officer." All requests for off-duty officers will be made through the Goodyear Police City, Oft~ Duty Work Administralur. The Contractor must provide evidence of workmen's compensation coverage before any oftlccr will be permitted to work. Payment for the ofrduty Goodyear police officer will be made at the contract unit price bid per hour lor OFF DUTY GOODYEAR POLJCE OFFICER and shall include the net hourly rate per police officer and supervisor, each with a three (3) hour minimum. A supervisor is required whenever four (4) officers are used or in the event that only a supervisor is available. The net hourly mte shall be increased to include withholding for Federal, State, FICA, Medicare, Worker's Compensation insurance and any payroll administrative costs. Current rates shall be obtained tl-om the PO Oft~Duty Work Administrator. This rate increase shall be determined annually by the Goodyear Police Department and is not subject to the annual CPI increase discnssed in Section 16. Payment for this item shall be made at the contract price for TRAFFIC CONTROL. 6.1.8 Other Provisions If any condition exists which, in the judgment of the Street Superintendent or the inspector, requires special traffic control methods or signing, such trof!Jc control shall be supplied by the contractor. The contractor shall provide experienced, competent, qualified traffic control technicians for all traffic control activities. Any flagging operations will be carried out with the usc of cettitied naggers. Flaggers shall have a certification card on their presence at all times through a recognized agency such as ATTSA. All traffic control devices shall cont(mn to the requirements of the MUTCD and shall be maintained in a clean and serviceable condition at all times. Any unsuitable or unserviceable devices shall be replaced immediately. The City shall be the sole judge of serviceability of traffic control devices. Traffic control set-ups shall be continually observed .and maintttined by the contractor's personnel who are trained and competent in the use oftraflic control devices. When work of a progressive nature is involved, the necessary devices shall be moved concurrently with the advancing operation, based on the no-track time of the pavement marking material. All rates of reimbursement for traffic control items shall be per the unit indicated on the price sheet. Day rates shall be based on a ten hour day. Any amount more or less than ten hours shall be pro-rated. Revised 03/0 I It 2 Pngc 23 of 56 7. EQOIPMEI\T The contractor shall provide and nwintain during the entire period ol.thi' contact. equipment sufllcicnt in number. operational condition m1d capacity to crtlcicntly perform the work and render the ~en, ices requircU by this contract. This includes sufficient 11 backup 11 t:quipment to provide uninterrupted service when equipment breakdown occurs. All long line trucks shall be equipped with a flashing arrow board on the back and a front mounted locmor wheel or equivalent camera targeting system. All vehicles involved in a moving operation shall have flashing arnm panels unless approwd otherwise by the City. The Contractor's vehicles and mobile equipment shall be c:learl) marked vvith company name and/or logo and an identification number. The application equipment tG be used nn street long line installations (except f(,r gore lines and short skip strips) shall consist of truck mounted units. The truck mounted unit for center lines, lane lines. gore lines, and edge lines shall consist of a mobile selt:contained unit carrying its own material. It shall be capable of operating a minimum speed of lour to five miles per hour while applying striping and shall be suftlciently maneuverable to install curved and straight lines, both longitudinally and transversely. The truck shall be equipped with high pressure air spray jets that are in IJ·ont of the pavement marking material dispensing devices that ensure there is no loose matter on the pavement surface where the marking material is tG be applied. The hand applicator equipment shall be surtlcicntly maneuverable to install curved and straight lines, both longitudinally and transversely. symbols and legends. All handcm1s shall have a pointer bar that is properly positioned to ensure straight lines. Reflective tape shall be placed on all sides of the hand application equipment. The application equipment shall be so constructed as to assure continuous uniformity in the dimensions of the pavement marking. The. applicator shall provide a means lor cleanly cutting off square pavement marking edges and ends. It shall also provide a method of applying lane lines (or "skip lines). The equipment shall be constructed so as to provide varying widths and thickness of pavement markings. The application equipment shall be mobile and maneuverable to the extent that straight lines can be follcl\ved and normal curves can be made in a true arc. The equipment operator shall be located in such a position as to enable till! visibility of the striping apparatus. All vehicles shall have two-way radio (or suitable intercl/111) capabilities. In addition. all managers, supervisors, crew chiefs or other key personnel shall have mobile phones. A listing of persons and phone numbers shall be submitted to the Street Superintendent. Communication devices shall be ti.Jily operational and available tor immediate use during all work operations. A glass bead top dressing shall be applied to the completed pavement marking by an automatic glass bead dispenser attached to the striping machine in such a manner that the beads are applied to the undricd material immediately after it has been applied. The bead dispenser shall either utilize pressure type spray guns or a gravity drop-on bead dispenser. The type used shall be per the recommendations of the glass bead manufacturer. The bead dispenser shall be capable of evenly distributing glass beads to tlw required application rate in1111ediately after the application of the pavement marking material. Additionally, the bead dispenser shall dispense the beads in such a mutter that they shall embed in the surface of the marking materials to an anchoring depth of from 55% to 60% of the bead diameter. The long line truck bead dispenser shall be equipped with an automatic cut-off synchronized with the cut- off of the dispensing device for the pavement marking materiaL Revised 03/0 I i 12 J>nge 24 of 56 NOTE: ALL Bfi:AD GI!NS SHALL HAVE WIND SHROliDS THAT DIRECT THI<: DROP OF GLASS BEADS DIRECTLY TO Till<: APPLIED LANE. The contractor shall make dailv ilhpe<:tions of all equipment to e•m•re it is operable and "ilhin the requirements of these specifications. Contim~t;us, unilclllll and proper operations of all equipment ill'G critical to ensure quality marking application. The contractor shall int(mn the Street Superintendent of any breakdo\\ns or intermittent malfunctions of equipment that may impact the application of the markings and compliance with this specification. A listing of all equipment meeting these requirements and which will be available when perl'orming these services under this contract shall be pruvided on the Equipment List, Attachment 3, altaehcd hereto. and submitted with the offer. The City reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum serviceability standards. Equipment, machine•}. component or system failures that aftcct the sale operation of any equipment shall be corrected prior to using the equipment. Only equipment listed on the Cetiificate of Compliance, Attachment 3 -Equipment List. shall be used. The contracwr shall update the equipment listings when changes are made. All long line equipment shall be provided with a metering device to register the accumulated installed or removed footage for each material dispensing or removal device. The meter shall be operated in a fashion so it only accounts for that material that is installed or removed from the roadway. The contractor shall coordinate with the City on the operations and readings derived tl·om the automatic meter. The City shall periodically check the degree of accuracy of the counter readings and establish an adjustment factor, if necessary, to accurately determine the pay item quantities. Failure of the contractor to operate and/or maintain the counter system can be cause for immediate suspension of work. 8. REPORTS The Contractor shall prepare all reports required by the City and deliver them to the City within the time specified. These reports shall include. but are not limited to, project scope estimates. daily work repmis, and Traffic Control Plan. The Contractor shall submit all reports via email as requested by the City. 9. SAFETY, SANITARY & HEALTH CONDITIONS Contract specifications require all Contractor employees to wear OSHA approved hard hats, high-visibility. OSHA approved safety vests and steel-toed tl1otwear and thll-length pants at all times while working within the right-of- way. The Contractor slmll provide and maintain in a neat and sanitary condition such accommodations for the use of the contractor's employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health Services or other authorities havingjurisdiction therein. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health or safety. I 0. SUSPENSION OF WORK The Contractor shall suspend operations if weather or road and traffic conditions are such that work operations cannot be carried out in a sate and effective manner, or will pose an environmental hazard. If such suspension occurs, the Contractor shall immediately notify the Street Superintendent or their designated representative. Revised 03/01/12 Page 25 of 56 The City rept·esentative may suspend work operntinns at any time. when in their judgment. present or impending weather conditions arc such that the work cannot he carried nut in a safe and c1fcctive manner. The City representative shall immediately suspend operations when work performance is obsetYcd in violation of safety rules, regulations or practices. Violntion or safety rutcs, regulations or prnctices m£1y be considered grounds for termination oftl1c contract. II. MODILIZATION All of the bid prices shall be based on providing pavement marking sen ices as described herein inclusive of all mobilization costs unless specitica\ly noted by the City. 12. CERTIFICATE OF COMPLIANCE The Contractor. as a pm1 of their bid submittal, sha II submit a Cert itlcate of C:ompl iance, Attachment 3 -Equipment per the requirements stated herein. The certificate shall also cont1mn to the applicable requirements of Subsection 106.05 of the ADOT Stanumd Specifications with the follo"ing additions: a. Listing of manufacturers intended to be used. The drop-on glass bead manutitcturer shall also be identified. The listing of the manufacturer shn\1 include a written certi11cation from the manufacturer that their material will contc1nn to these specifications. It is acceptable to list primary and secondary sources of materia Is. b. Equipment listing and description. All lnrge pieces of equipment (trucks, hand sprayers, kettles, hand catts, hand grinders) shall have clearly visible identification numbers pennanently marked on them. The equipment listing shall include these I 0 numbers. Any listed equipment shall be made available tor the City's inspection if requested. The capacities and estimated product rates of all equipment shall be detailed. All extrusion dies shall have their thickness setting dearly marked on them (80 mil, 90 mil, etc.) in one inch black letters or equivalent. The capacities and estimated product rates ol· all equipment shall be detailed. It is allowable for a Contractor to utilize rental or loaned equipment for the application of profile thennop\astic markings. c. The certificate shall include proof that all temperature sensing devices on the thermoplastic melting and application equipment are functioning properly and will continue to do so throughout the life of the contract. All installation crews shall be equipped with hand held verification thermometers that are used to conduct periodic checks to ensure proper temperature requirements are being met in the kettles and at the dispensing device. d. Statement that a\1 materials and equipment used shall conform to these specifications and generally accepted national practices. The use of nonconforming materials, application methods and/or equipment can be grounds for rejection of work and, if not corrected, suspension or cancellation of the contract. e. Statement that the contractor will maintain, calibrate and operate all the application devices so that the required thickness and tl1e drop 011 glass bead application rates are achieved at all times. Additionally, the contractor shall commit to keeping an accurate timely accounting of the type and quantity of materials applied per day per project and the removal quantities per day per project. The contractor shall coordinate and tully cooperate with the City to this regard. The City's Daily Work Report will become the official record of work done on all projects. 13. BRAND NAMI~ OR EQUAL SPECIFICATION There are currently a number of products that have been determined, through evaluation and/or testing, to be equivalent to the requirements of these specillcations. The listing of these brands is not intended to limit or restrict competition. Rathet·, it is to set the standard quality, design, performance and characteristics of the prodi\Cts herein specified. Any o!ler which proposes products that are of equal quality, type of material, design and pert'i.mnance, will be considered if sufficient evidence and intormation is provided to establish it as an eq11al, and the City determines the product to be an equal in all respects to the named brand and these specifications. The brand name manufacturers for the pavement marking materials desired are specified as follows: Revised 03/0 lll2 Pngc 26 of 56 Long and Shott Line Paints for Road Applications Sherwin Williams Highway Products~ RLI!J401 or Bl 16402 Colorado Paint Company·· I I 60 or I I 66LF La Farge Road Markings~ LRM 97~ 132 or LRI\"1 99· l.J:l Ennis Paint· AZW 25··mil & i\ZY 25~M~ I Pervostripe 5000 & 6000 TMT Pathways Z675A5 & 2676/\5 (Dura Line 2000) Color Medvode ~ Veronil Aqua White or equivalent ADOT evaluated Class I Paint Curb Paint TMT Pathways Dural inc 1000 Past Dry Or equivalent waterborne curb paint Thermoplastic Markings Manufacturers TMT Pathways Swarco Traffic Systems Crown Technology II, LLC Ennis Paint Company Or equivalent City evaluated maker of thermoplastic Epoxy Markings Epoplex LSSO La Farge Road Markings (formerly LOl) Super Lifeline 111 Polv~Carb Mark 55.0 Or ~quivalent epoxy marking materiaL Alternative faster drying epoxy formulations can be used if approved by City in advance. Premium Glass Bead Blends Cataphate modified AASHTO high performance all weather bead blend Swarco Industries Megalux high performance bead blend Flex-0-Lite Brite Blend • Potters Industries 50! 50 high performance bead blend Or equivalent City evaluated high performance bead blend (Note: Application rate and exact gradation shall be determined by the manufacturer. A complete technical package on the bead blend shall be submitted with the offer per Certificate of Compliance, Attachment 4-Material List. Offerors who are named herein are still required to meet every aspect ofthis specification (including submitting all required samples) and all the terms and conditions herein. 14. PAYMENT REDUCTION FOR NON-COMPLIANT WORK Up to a I 00% penalty against the monies due on the applied or removed pavement markings can be assessed by the Street Superintendent if the requirements of these specifications are not met The degree of the reduction will depend on the assessment to be conducted by the City. Additionally, the Street Superintendent can require the contractor to remove all of the specified markings and reapply them without consideration given for additional payment. The measurement of noncompliance penalties shall be determined by an assessment to be conducted by the Street Superintendent if a significant problem is identified with the markings installed. If a payment reduction is determined to be necessaty, then the reduction will be assessed on those marking payment items determined to be in noncompliance with these specifications. Revised 03/01/12 Page 27 of 56 rhe percentage of reduction assessed will be based on the seriousness of the infraction. For example: a thinner than required application thickness infraction" ill cost 2.6% of the bid unit price for every mil thinner the line is below 38 mils. If the line is not straight, then a 10% penalty will be assessed !(Jr every inch that 100 !(Jot section of continuous line is off or ten feet section of line on skip lines. If the de,iation is more than ten inches then the line shall be removed and reapplied at no additional cost to the City. Offerors who are named her·cin are still required to meet every aspect ol'thi'; specitkation (including submitting all required samples) and all the terms and conditiorb herein. 15. WARRANTY FOR THE PAVEMEI'IT MARKING PORTION OFTHJS CONTRACT The Contractor warmnts: That all services performed hereunder shall coni(Jrm to the requiremenh of this contract and shall be pert(Jtmed by qualified personnel in accordance with the highest professional standards. That all items lurnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship. The warranty period on pavement marking materials and workmanship from the date thnt they were installed shall be as follows: All Waterborne Paint Markings-Six (6) Months Thermoplastic and Epoxy Long Line Markings-Two (2) Yenrs Shott Line Markings, Thermoplastic and Epoxy Legend nnd Symbol Markings·· a minimum of one ( 1) year or the manufacturer's warranty period, whichever is longer. These time periods will be termed, j()r the purpose of this contract, as the expected pavement marking life times. lf there is any tailure that can be attributable to failure of the materials and/or application as herein detlned, the contractor, at no additional cost to the City. shall correct the problems through the removal nnd/or replacement of the faulty pavement markings. The warranty shall cover that the pavement marking materials as applied in the lield by tlte contractor shall pertorm, as intended for this period of time, without degradation that is directly related to unsatisfactory perfonnance of those materials and/or the installati,m uf those materials. The specifications sections of this document contain additional definitions regarding unsntisfactory performance. The Contractor agrees that they wilL at their own expense, provide all materials, equipment, Jabot· and traffic control required to repair and/or replace any such defective workmanship and/or materials which become or are found to be defective during the terms of their warranty. The contractor ghall guarantee the services to be supplied, comply with the requirements of the specifications. 16. SUBMITTAL REQDIREMENTS: a) PRICE/FEE SCHEDULES Complete and submit all information requested on Price/Fee Schedule pages Complete and suhmitthe calculated bid sheet by transferring unit prices as appropriate b) CERTWICATE OF COMPLIANCE-EQUIPMENT Complete and submit all information requested on Attachment 1 c) CERTIFICATE OF COMPLIANCE-MATERIAL Complete and submit all information requested on Attachment 2 d) REFERENCES-Complete list of references on Attachment 3 Revised 03/011\2 Pugc 28 of 56 END OF SCOPE OF WORK Revised 03/0/i/2 PRICE/FEE SCHEDULE OP13-2195 CATEGORY: REMOVALS (PMU) & SURFACE PREPAI~AT!ON (SI') WORK TYPE: LONG LINE Item# Colic: Description lin it l!nit Price I RLI,-1 Remove existing edge & gore lines (4" equivalent) LIN FT $ , '?.JCJ 2 RLL-2 i\·farking layout & installation or raised marker tabs every I lOUR $ Cj(J I('{) 20' or as directed by the City 3 RLL-3 Removal (PMR) ofPCCI' cure compound t(Jr any line LINn $ .1'5 width 4 RLIA J(cmoval (I'MR) ofPCCP cure compound for any symbol EA $ s,oo or legend 5 RLL-5 Removal (PMR) 4" to 6" wide thermoplastic line on LIN FT $ '1 (,. PCCP . :;; . 6 RLL-6 Removal (PMR) 4" to 6" wide thermoplastic line on AC LIN FT $ '·:, ~- 7 RLL-7 Removal (PMR) 4" to 6" wide paint line on PCCP LIN FT $ ,25 8 RLL-8 Removal (PMR) 4" to 6" wide paint line on AC LIN FT $ ,'27 <) RLL-9 Removal (PMR) 4" to 6" wide epoxy line on PCCP LIN FT $ '3 'Zi 10 RLL-10 Removal (PMR) 4" to 6" wide epo.xy line on AC LIN FT $ ,qu II RU .• --11 Surface preparation (SP) 6" to 12" wide line LIN FT $ .. ij~ CATEGOHY: REMOVALS (PMR) & SUHFACIC PREPARATION (SP) WORK TYPE: SHORT LINE Item# Code: Description lJnit lJnit Price I RSS-1 Removal (PMR) of PCCP cure compound for any line LIN FT $ width I tLO 2 RSS-2 Removal (PMR) ofPCCP cure compound for any symbol or legend RA $ s,uo 3 RSS-3 Removal (PMR) 4" to 6" wide thermoplastic line on AC LIN 1•T $ .3~ 4 RSS-4 Removal (PMR) 4" to 6" wide epoxy line LIN FT $ ,ljO 5 RSS-5 Removal (PMR) thermoplastic/tape/epoxy legend EA $ _3() 'tl) 6 RSS-6 Removal (PMR) thermoplastic/tape/epoxy symbol EA $ 3d ,t..."b 7 RSS-7 Rcmo,•al (PMR) painted legend (I letter) EA $ 5'. ""-"· 8 RSS-8 Removal (PMR) painted symbol EA $ LU. tO 9 RSS-9 Surtace Preparation (SP) 4" to 6" wide line LIN FT $ '•ts- 10 RSS-10 Surtace Preparation (SP) symbol EA $ s u ,0 II RSS-11 Surtace Preparation (SP) legend (I letter) EA $ 5,o0 12 RSS-12 Provide as-built drawings HOUR $ ~~~yO .. t Revised 03/0 II 12 Page JO of 56 I'HH 'FIFEJ<: SCIIEill'LE CATEGORY: WATERBOURNE PAINT MARKINGS (WPM) WORK TYPE: LONG LINE lt~m # Code: D~scl'iption Unit Unit Price I WPM-Ll,-1 4" wide white line with Class I paint & 8 pounds or LIN FT $ --,Clj standard beads 2 WPM-LL-2 4" wide 15 wet mil yellow line with Class I paint & 8 LIN I,T $ ,t.J<f pounds of standard beads " WPM-I ,I ,-3 Marking layout I lOUR $ 1'2'7 1>0 ,l CATEGORY: WATERBOURNE PAINT MARKINGS (WPM) WORK TYPE: SHORT LINE/SYMBOLS Item # Code: Description Unit Unit Price I WPM-SS-1 White/yellow/red curb painting with glass beads LIN FT $ J_.SU 2 WI'M-SS-2 Single head amllv legend ( 15 wet mils, Class I paint with E/\ $ cJb' uD 8 pounds per gallon beads) 3 WPM-SS-3 Two headed arrow legend (15 wet mils, Class I paint with EA $ qo, 1.0 8 pounds per gallon beads) 4 WPM-SS-4 Bike lane symbol ( 15 wet mils, Class I paint with 8 EA $ 5o ()0 pounds per gallon beads) 5 WPM-SS-5 Single letter legend ( 15 wet mils, Class I paint with 8 EA $ .5, ov pounds per gallon beads) ' 6 WI'M-SS-6 Marking layout HOUR $ /ZS. vu CATEGORY: THERMOPLASTIC MARKINGS (THM) WORK TYPE: LONG LINE (HYDROCARBON) Item # Code: Description Unit Unit Price I THM-LL-1 4" wide white/yellow line by 60 mil thick (spray) LIN f'T $ tZ./; ~ THM-LL-2 12" wide white/yellow line by 60 mil thick (spray) LIN FT $ ~'7$1; ~ 3 THM-LL-3 4" wide white/yellow line by 80 mil thick (ribbon extrusion) LIN FT $ i ?J)-- 4 THM-LL-4 6" wide white/yellow line by 80 mil thick (ribbon LIN FT $ ,q~ extrusion with premium bead blend) 5 THM-LL-5 Application of Primer/sealer LIN FT $ , I-;. 6 THM-LL-6 Raised pavement markers EA $ ~'-15 7 THM-LL-7 Marking layout HOUR $ I'd.-. \JQ' PRIC!vFEJ•; SCI IE l)llLI( CATEGORY: THERMOPLASTIC MARKINGS (THM) WORK TYPE: SHORT LINE (ALKYD ONLY) Item Code: Description Unit Unit Price Revised 03/01112 Page J I of 56 Plllt'E/FEE S< 'IIEDl.I.E The hid will be awarded on tile application of the above unit pricing based on this hypothetkal project. HYPOTIHCTICAL PIW.IECT Item II Qty Description Unit Unit Price Rxt Price RLL I 1000 Remove existing edge & gore lines LIN FT $ . ·J~ $ :3<:-Y . vG •.. (4 11 equivalent) Wl'lvl-U/ I 4000 4" wide white line with Class I paint LIN FT & 8 pounds 0 r standard beads ,(l1 .360 u.J $ $ oCfrJ lJ), v.....J TIIM-SS-2 50 12" wide white line by 90 mil thick LIN FT :j; $ THM-SS-4 90 mil turn lane arrow symbol hA $ @:>,00 $ fj(). v-1 WPM-SS-4 0 Bike lane symbol ( 15 wet mils, Class EA $ St:> ( uo $ /5C!' "'"' .) r paint with 8 pounds per gallon beads) 7l~ .;.) /'80. uJ THM-SS-11 2 90 millrlllr leiter legend I' A $ $ THM-SS-14 2 i\ pplication of primer/sealer l(w any EA $ ]5. (J.(l $ :;o. <>D legend or symbol RPM-I 100 RPMs (Type D) Ei\ $ ~s $ (14~. V() -~-, -·-----------RLL-6 2000 Removal (PMR) 4" to 6" wide .J<;;-'?ft;U, l'-' thermoplastic line on AC LIN FT $ $ WPM-LL-2 2000 4" wide yellow line with Class I ,0'1 LFfO. vu paint & 8 pounds of standard beads LIN 1:1 $ $ EPM-LL--1 4000 4'' wide white/yellow line LIN FT $ ~so $ ._)IX'•O, '-'cJ l:PM-SS-4 10 Turn lane anow symbol EA $ --laS-u<) $ i ()50 ' ''l~- t:. 5'80. uU ll!DTOTAL s :J Revised 0310 I I 12 Page 35 of 56 CEilT!FICATE OF CO~IPUANCE EQIIII'~IENT LIST XITAC!I~IENT l LIST ALL EQLIII'MENT (0\VNEIJ/LEASEO/RI'NTI:Il) \VIIICII WILL llE lll'lliCAIIiD H>R IJSE WilEN I'LRFORMIN(i SERVICES COVIiREilllY TillS CON IRACT PLEASE BF SPECIFIC [01i ·---~· .. -.-------·· . . ·----· ... YEAR MAKI'JMOllEL DESCRIPTION OWNEIJ/LEASED/RENI ~ere-7f FffAt ~~~~"~-e ,v-, ·-~-~- -----~- -------------~·-·-·-- ··--~---··· . ---- ------ -----·- --!-----· ·--·· -··---·-·--~--~---·----· ---------~--------·---- .• 1--. !---- ·--· 1---. All equipment listed ubovc nnd any other equipment approved for us~ durilig this contract \viii be properly tested, calibrated arid ~'""'""'"""'··~"'S::S~·?f3"·····~,;;;;;,~~~- -'-Signature Da\e Revised 03/01112 Page 36 of 56 11:51 AM 04/13/12 SL001 SLOQ2 SL003 SL004 SL005 SL006 SL007 SlODB SL101 Sl102 SL103 SL105 SL106 SL107 SL10B SL109 SL201 SL202 SL203 SL204 SL205 SL301 SL302 SL303 SL304 SL305 SL306 SL307 Sl308 SL309 SL310 ~t~ii Sl313 SL314 SL315 SL316 SL317 SL318 SL319 SL320 SL321 SL322 SL323 SL324 SL325 SL326 SL800 SL801 SL802 SLT01 SLT02 SLT03 SLT04 SLT05 Item sunllne Contracting Fixed Asset Listing April 13, 2012 Purchase Date 11/19/2009 9/2512010 9/25/2010 4/15/2011 6/28/2011 6/28/2011 121612011 112012012 11/4/2009 12/1012009 12/10/2009 9/1512010 1/2512010 6/3/2011 6/14/2011 12116/2011 11/19/2009 9/15/2009 4/30/2010 9/29/2011 212412012 11/19/2009 111212009 9/212009 6/23/2010 1/16/2009 1/16/2009 11/1112010 11/8/2010 1/5/2009 1217/2010 1/3/2011 21112011 2/1/2011 217/2011 21712011 21712011 3/9/2011 4/412011 113/2011 1/3/2011 6/28/2011 6/212011 8/15/2011 9/2812011 217/2011 2124/2012 11/1612009 11/1812009 101212009 11122/2010 1116/2009 9/112010 11/112010 11/112010 Purchase Description 2009 Chevrolet 1500 Silverado 2wd xcab 2011 Chevv Silverado 4x4 CreWCab 2500HD PU 2011 Chevv Silverado 4x4 CmWCab 2500HD PU 2003 Ford F350 Diesel PU 2001 Ford F550 XL Flatbed 2003 Ford F450 XL Flalbad 2006 Chevy 2500 PU 1999 Ford F350 4-8000-G ThermoplasUc Pumper Striper 1995 Ford CF8000 Paint Slriper 2002 FL70 Flat Be<l 1998 FLBO Flat Bed T/A 4-llOOO-G Thermoplastic Pumper Slr!per 2003 MRL Model1·165 Air Atomized Paint Truck 1990 Fraighlllner Flalbed Coe Tractor t993 Volvo S/A Paint Striper (LDI) 2005 Sellick TMF55 5,500lb Piggyback Forklift Teledyne Princelon 4,5001b Piggyback Forklift 2004 Sellick TMF55 5,5001b Piggyback Forklift 2006 Bobcat S175 Skid siear Loader 2007 Bobcat S300 Skid Steer Loader lngersoi~Rand 185 CFM Portable Air Compressor 2009 Stihl TS420 Cut Off Saw Rhino P0-55 Pinkley-Tar Machine Graco Llnelazer Ill Paint Slr!per Grace LlneLazer Ill Paint St~per 40ft Storage Conlalner Ice Machine Graco Unelazer Ill Paint Striper Easy Liner Ride-On Machine 20ft Storage Conlainer Dirt Hog Auger Portable Cement MiXer 2011 MRL 1.5K Diesel Thermo Pre Meller 2011 MRL Modei250MC Thermo Handliner 2011 Bitumen Applicator 2001-2 Marker Trailer 1500#Crane Bead Tank 20ft Storage Gonlaine_r Piggy Back Fork Lift Mounling Kit 1Oft Storage Conlainer Smith Hand Grinder Specially Lighting 20KW Generator Bobcat Auger/forklift A\tachment Conctete Mixer-Towable Edco Line Remover 2009 HP DV4-1555DX C20 T6600 Laptop Computer Microsoft Office 2007 Software Diamond Desktop Computer 1994 Redihaul Flatbed Trailer (20 Ton) 20061ntemaUonal Cargo Trailer (Enclosed) S/A Flalbe<l TraHer . 2005 T/A Flatbed Trailer-Supply 2004 T/A flalbed Tmiler-Marker Page1 STANDARD TERMS AND CONDITIONS GOODS/SERVICES CONTRACT (not title 34) CON-13-21 95 This Contract. entered into on October 5, 2012. by and between the City of Goodyear, a municipal corporation of the State of Arizona. ("City"), and Sunlinc Contracting, LLC. ("Contractor"). The City and Contractor may be referred to individually as a Party or collectively as the Parties. The City engages the Contractor to perform professional services t()r the project known as: Installation and/or Removal of Pavement Markings, ("Project"). RECITALS WHEREAS, the City is in need of the services that Contractor is able and willing to provide; NOW THEREFORE, the Parties agree as (()I lows: AGREEMENT SECTTON I. SERVICES I. I The Contractor shall provide the following goods and services called lex in this Contract to City standards and in accordance with the degree of care and skill other professionals providing such services in Arizona would exercise under similar conditions. 1.2 Contractor shall provide the goods and services described in the attached Scope of Work. 1.3 The Contractor shall comply with all guidelines provided by the City which relate to the goods and services to be provided. SECTION 2. DEFINITIONS 2. I ·'City" means the City of Goodyear. 2.2 "City Manager" means the manager of the City of Goodyear or designee. 2.3 "Contract" means this Goods/Services Contract and any attachments referenced herein, fully completed and executed between the City of Goodyear and the Contractor. 2.4 "Contractor" means the individual, partnership, entity or corporation who, as a result of the competitive process, is awarded a contract by the City of Goodyear to provide goods and/or services. 2.5 ''Days" meijns calendar days unless otherwise specified herein. 2.6 "Litigation Expense'' means any court filing fee and costs, arbitration fees or costs, witness fee, arbitration fees, and each other fee and cost of investigating and defending or asserting any claim for indemnification under this Contract, including, without limitation, in each case, attorneys' fees, professional tees, disbursements and each other fee and cost of investigating and defending, appealing or asserting any claim for indemni tlcation under this Contract 2.7 "Loss" means any liability, loss, claim, settlement payment, cost and expense, interest, avJard, judgment, damages (including punitive damages), diminution in value, fines, fees and penalties or other charge, other than a litigation expense, 2.8 "Project" "Services" or "Work" means the subject matter of this Contract as more fully set forth in the attached Scope of Work, which may include delivery of goods and/or services. 2. 9 "Subcontractor" mca1is any individual, corporation, company, or other entity who contracts to perform work or render services or provide goods to a Contractor or to another subcontractor as part ofthis Contract with the City. SECTION 3. TERM OF CONTRACT 3. I Unless.terminated, cancelled Ot' extended as provided herein, the term of this Contract shall be one (l) year. This contract may be extet.tded or renewed up to sixty (60) months, subject to appropriations. By entering lipdaied Vcr: 05242012 (not Title 34) Pagc40 of 56 into this Contract, Service Provider is agreeing to such extension or renewal. The City has no obligation to extend or renew this contract, nnd any decision to do so is at the sole discretion of the City. 3.2 The term of the contract may be automatically extended to include the warranty period . .1.3 Contractor shall not commence work until Contractor receives a Purchase Order signed by the City of Goodyear Procurement i'danager or designee. SECTION 4. COM PEN SA TION ANDPA YMENTli 4.1 COMPENSATION: Total compensation to be paid under this Contract shall not exceed SN/A. 4.2 Contractor shall invoice City on or bell)re the I Oth day of each month tor goods and/or services provided under this contract during the prior month. All invoices shall contain itemized hourly fees, unit cost, extended cost of goods and supporting documentation for all invoiced amounts. All invoices to the City shall identify the specitlc item(s) being billed and the Purchase Order number. Items are to be identified by the name, model number, and/or serial number most applicable. 4.3 City shall make every effort to process payments to Contractor within thirty (30) calendar days after the receipt of a correct and approved invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the invoice or account. 4.4 PRICE ADJUSTMENT/CONTRACT EXTENSION: The City's Office of Procurement will review tl!lly documented requests for price increase after any contract has been in effect for one (I) year. Any price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The Otlicc of Procurement will detem1ine whether the requested price increase or and altemate option is in the. best interest of the City. Any price adjustment will be eftective upon the etrcctive date of the contract extension. 4.5 PRICE REDUCTION: A price reduction may be offered at any time during the term of the contract and shall become effective upon notice. 4.6 LATE SUBMISSION OF CLAIM BY CONTRACTOR: The City will not honor any invoices or claims which are tendered one (I) year after the last item oft he account accrued. 4.7 ESTIMATED QUANTITIES: Quantities identified in the Solicitation are the City's best estimate and do not obligate the City to order or accept more than the City's actual requirements during the period of this Contract as determined by actual needs and availability of appropriate funds. It is expressly understood and agreed that Contractor is to supply the City with its complete and acllwl requirements for the contract period, 4.8 PRODUCT DISCONTINUANCE: In the event that a product or model identified in the offer is subsequently discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide!\ substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide all of the following: I. A fonual announcement fro1.n the manufacturer that the product or model has been discontinued; 2. Documentation tl-om the manufacturer that names the replacement product or model; 3. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original.solicitation; 4. Documentation that provides clear and convincing evide11ce that the replacement will be compatible with all the functions or uses of the discontinued product or model; and 5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model. 4.9 USAGE RE.PORT: The Contractor may be required to provide a usage report to the Procurement Manager. Updalcd Vcr: 05242012 (not Tille 34) Page 41 of 56 4.10 OISCOUNJ.'): Payment di:;counts will be cclmputed fi·om the date receiving acceptable goods. materials and/or serdccs or currect invnice. \\ hichcvcr is later to the daic payment is 111ailcd. 4.11 l'jO ADV,.\NU~.l'l\)'\1_!:'\[iT: i\dvancc pa) mcnis will not be authorized: payment will be made cmly for actual goods or ~en-ices that have been received. 4.12 4.13 LF~U~N~O~A_P_P_IsOI~JIJF_fi_(_)N i,:ONTINGENCY: lhe Parties recognize thai the continuation of any contract atler the close of any given fiscal year of the City of Goodyear. which !\seal year ends on June 30 of each year, shall be subject to appropriation and allocation oftlmcls by the Goodyear City Council. F.O.B. POINT: All priCl'S arc to be quoted F.O.G t\nal destination. unless otherwise specil\ed elsewhere in the solicitation. 4.14 IAXES:_ Cnntractur shall be Sc)lely responsible i\H· any and all tax c>bligations that may result from Contractor's performance or this ( 'ontracL SECTION 5. TERMINATION 5.1 TERMlNAl'!ClN FOR CONVENIENCE: City at any time and l(>r any reason and without cause may terminate, suspend or abandon any portion. or ali, of this Contract at City's convenience. In the event that the City terminates, suspends m abandons any part of the services, the City shall provide nntice to the Contractor. Upon receipt of notice, the Contractor shall. unless the notice directs otherwise, immediately discontinue f'ut1her services and placing of orders for materials. facilities and supplies in connection with the perf(mnance ufthis Agreement. The Contrad(>r shall appraise the services completed priur to receiving nc>ticc of the tennination, abandonment clr suspension and deliver to the City all drawings, special provisiuns, tield survey notes, reports, estimates and any and all other documems or work product generated by the Contractor under the contract, entirely or pat1ially completed, together with all unused materials supplied by the City. In the event of termination, abandonment or suspension, Contractor shall be paid tf.w services sntistactorily pertonned prior tll receipt or such notice including reimbursable expenses then incurred. However, in no event shall the fcc exceed that set f(,rth in Section 4 or this Contract. Contractor shall not be entitled to any claim or claim ol' lien against Owner f(ll' any additional compensation or damages in the event of such termination and payment The City shall make final payment within thirty (30) days after the Contractor has fully complied with the provisions of Section 5 and (.\mtractor submits a cmTect and approved final invoice I{Jr the fcc that has been agreed to by the Parties. 5.2 Any attempt to represent any material and/or service not specifically awarded as being under contract with the City of Goodyear is a violation of the contract and the City of Goodyear l'rocmement Code. Any such action is subject(() the legal and contractual remedies available to the City inclusive ot: but not limited to, contract cancellation. suspension and/or debarment of the Contractor. SECTION 6. RISK OF LO~S AND LlABlLITY 6.1 INDEM]'jjFlCATION: Unless a tedcral and state statute that expressly prohibits such indcmnitkation, Contractor shall defend, indcmnit\', save and hold harmless the Citv of (ioodvear, its officials, directors, officers, employees, agents, and r~presentatives (hereinafter referred to as "lndenmi!ce'') at all times after the date or this Contract trom and against any and all Claims, caused by, relating to, arising out of, or alleged to have resttlted from, in whole or in part, any negligent. reckless or intentional acts, errors, fault, mistakes, omissions, work, goods or service uf the Contractor, its directors, o!Ticet·s, employees, agents, representatives, or any tier of subcontractors or any other person for whose acts, errors, fault, mistakes omissions, work, goods or service the Contractor may be legally liable in the performance of this Contract. The Indemi1ification provided hereunder shall extend to Claims arising out of, or recovered under, Arizona's Workers' Compensation Law or the lililure of Contractor to contorm to any applicable and Updat~d Vcr: 05242012 (not Title 34) Pag~ 41 of 56 appropriate federaL stale, or local law, statute. ordinance, rule, rcgulatirm or court decree. It is the specific intention of the l'arties that the Indemnitee shalL in all instances, except I(Jr Claims arising solely ii·om the negligent or willt\!1 acts or omissions ufthe Indemnitee, be indemnified by Contractor from and against any and all Clainb. It is agreed that the Contractor will be responsible for primary loss investigation. defense and judgment co.')(S ''·here this indenlniflcation is applicable. In consideration of the award of this contract. Contractor agrees to waive all rights of subrogation against Indemnitee f(x Claims arising ti·om the 1\·ork perl(mned by Contractor, its directors, oftlcers. employees, agents, representatives. or any tier of subcontractors pursuant to this Contract. This indemnilication provision shall survive the expiration or earlier termination of this Contract. For purposes of this Indemnification provision the tenn Claims shall mean claims, suits, actions, demands, proceedings. losses, settlement paym~nh, disbursements, expenses, and damages of every kind and description (including but not limited to costs, interest, awards, judgments, diminutic>n in value, tines, penalties or other charges, reasonable attorneys' Ices, other professionals' fees, court filing fees and costs, arbitration fees, witness tees. and each other fee and cost or investigating and defending, negotiating) appealing or asserting any claim l(>r indemnification under this Contract) (collectively referred to "Litigation Fxpenses''). 6.2 INDEMNIFICATION··· PATENT, COPYRIGHT AND TRADEMARK: The Contractor shall indenmity and hold harmless the City against any liability, including costs and expenses. tor inti·ingement of any patent. copyright or trademark or other proprietary rights of any third parties arising out of contract petfonnance or use by the City of materials furnished or Services performed under this Contract. The Contractor agrees upon receipt of notillcation t<J promptly assume full responsibility for the defense of any claim, suit or proceeding which is. has been, or may be brought against the City and its agents for alleged infringement. as well as for the alleged unlilir competition resulting from similarity in design, trademark or appearance of goods by reason of the use Ot' sale of' any goods thrnished under this Contract and the Contractor further agrees to indemnity the City against any and all expenses, losses, royalties, profits and damages including courts costs and attorney's fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in such suit or proceedings. it is so desires. It is expressly agreed by the Contractor that these covenants are iiTevocable and perpetual. 6.3 TITLE AND RISK OF LOSS: The title and risk of loss of material or services shall not pass to the City until the City actually receives and accepts the materials or services at the point of delivery; and such loss, injmy or destruction shall not release the Contractor from any obligation hereunder. 6.4 ACCEPTANCE; All materials or services are subject to tinal inspection and acceptance by the City. Materials or services t~1iling to con!t)f'Jll to the specilkations of' this Contract shall be held at Contractor's risk and may be returned to the Contractor. If returned, all costs are the responsibility of the Contractor. The City may elect to do any or all of the following; a) Waive the non-conformance: b) Stop the work immediately; c) Bring materials into compliance; and/or d) Terminate the Comract and seek all remedies available in law and in equity. This shall be accomplished by a written determination by the City. 6.5 LOSS OF MATERIALS; The City does not assume any responsibility, at any time, tor the protection of or for the loss of materials, fl·om the execution of this Contract until the tiiml acceptance of the work by the City 6.6 DEFAULT IN ONE INSTALLMENT TO_CONSTlTUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment of lot of this Contract and may not substitute nonconforming materials and/or services. Delivery of nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole. Updated Vcr: 05242012tnot Title 34) Puge 43 of 56 6.7 Sllli'ME;:\J_l)]'iDER RESbRVATlON I'I~Qlll_llJl].oQ: Contractor is not auth,lrizcd to ship goods or perliJI'In services under reserv:rtirHL and no tender uf an invoice r•r bill of lading will operate as a tender of the goods or services. 6.8 WORK PERl Otcv!ED _ATC(,lijU(f\CTilJLS.JUS_l<,_: Contml'lor shall take all pr~cautilllb t'easonably necessary and shall be responsible rl)r the safely of its employees, agenb and subcontractors in the performance of the work hereunder and shall utilize all protections reasonably necessary lcll' that purpnse. All work shall be dnne at Contractor's own risk and ('ontractor shall be responsib\0 felt' any loss of or damage to materials, tools, or other articles used or held l(1r use in connection with the 1Vc1rk. 6.9 SAFETY STANDARDS: All items supplied pursuant to this Contract shall comply with the current applicable Occupational Safety and llcallh Standards of the State of Mizona Industrial Commission, the National Electric Code. and the National Fire i'rotcction i\ssociatinn Standards. 6.10 PROJECT STAfl,'JNQ; Prior to the stati ,,r any Services unde1· this Contract, the Contractor shall submit to the City detailed resumes of key personnel that will be involved in pert(Jrming Services prescribed in the Contract for review and approval. At any time hereafter that the Contractor desires to change key personnel while pertimning under the Scope, the Contractor shall snbmit the qualitications of the new personnel to the City tor prior approval. Key personnel include but are not limited to the Contractor's principal-in-charge, project manager, project designer, project architect, system architect, system tnanager and system engineer. The Contractor will maintain an adequate and competent stall ot' qualified persons throughout the performance of this Contract as necessary I(Jr acceptable and timely completion of the services. If the City objects, with reasonable cause, to any of the Contractor's staff: the Contractor shall take prompt cot'l'cctive action and, if required, remove such personnel from the Project and replace them with the new personnel agreed to by the City. 6.1\ SUBCONTRACTORS: Prior to beginning the 11ork. the ContractN shall furnish the City for approval thenames of subcontractors to be used on this Project. Any subsequent changes are subject to the appmval ofthc Cit)'. 6.12 DAMAGE TO CITY PROPERTY: Contractor shall pertimn all work so that no damage to any City buildings or property results. Contractor shall repair any damage catrsed to the satisfaction of the City at no cost to the City. Contractor shall take care to avoid damage ro adjacent finished materials that are to remain. If [\nishcd materials arc damaged, Contractor shall repair and linish in a manner which matches existing material as approved by the City at the Contractor's expense. 6.13 FORCE MAJEURE: Neither Pmty shall be in deti\ult hy reason of any failure in performance of this Contract if such lailurc arises out of causes beyond their reasonable control and without the fault or negligence of said Party including, unforeseeable Acts of God; terrorism or other acts of public enemy; war and epidemics or quarantine restrictions. If either Party is delayed at any time in the progress of the Work by force majeure, the delayed !'arty shall notify the other Party in writing Df such delay, as soon as is practical, of the commencement thereof and shall specily the. causes of such delay in the notice. The notice shall be hand-delivered or mailed certified- rctum receipt and shall make a specific reference ro this provision .. The dGlayed Party shall cause such delay to cease as soon as practicable and shall notify the other pm1y in writing when it has done so, The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the. delayed Party from performing in accordance with this contract Updated Vor: 05242012(not l'ille 34) l'ogc 44 of 56 7.8 UMBRELLA/EXCESS LIAI31l.ITY: Contractor and Subcontractor shall maintain Umbrella and Excess Liability insumuce "ith an lint it of not less than S2,000.000 per occurrence cclntbined limit Bodily lnjllly and Property Damage, that "lclllmvs l(mn'' and applies in excess of the Cnmmercial General Liability, Automobile Liability, and 1-:!nployer's Liability, <b required above. Primary per occurrence coverage may be used to fultlllthis requirement. 7.9 CLAIM REPORTING: Any failure to comply with the claim reporting provisions of the policies or any breach of a policy \\a nanty shall not allect coverage afforded under the policy to protect the City. 7.10 VALUABLE PAPERS.: NIA. Valuable Paper.< insurance sul'llcient to assure the restoration of any documents, memoranda, reports. or other similar data relnting to the services of the Contractor used in the completion of' this contract. 7.11 NOTICE OF CAl\CELLATlON: Each certiticate J(ll' each insurance policy required by the insurance provisions of' this Contract shall provide the required coverage and shall not be Stbpended. voided. canceled, reduced in coverage by endorsement to limits lower than those required by this Contract except after prior written consent tl'om the City. Such notice shall be sent as provided in Section 7.3. SECTION 8. CONTRACT INTERPRETATION 8.1 DISPUTES. C!OVERNING LAW. ATTORNEY FLES: Should any dispute, misunderstanding or conflict arise as to the terms or provisions contained in this Contract, the matter shall 1\rst be referred to the City, and the City shall determine the term or provision's true intent and meaning. This Contract shall be deemed to be made under, shall be construed in accordance with. and shall be governed by the laws of the State of Arizona, without regard to choice of law or conflicts of laws principles thereof. Any action arising out of this Contract shall be commenced and maintained in the Superior Court of the State of Arizona in and for the County of Maricopa. The prevailing Party shall be reimbursed by the other Party !()I' all attorney fees and all costs and expenses, including but not limited to all service of process, filing tees, court and court report costs, investigative costs, and expert witness fees which are incurred in any legal proceeding whatsoever arising out of this Contract, including. bankruptcy, arbitration, declaratOJy relief or other litigation, including appeals or rehearing. 8.1.1 PROVISIONS RLOUIREDBY LAW: Each and e\'ery provision of law and any clause required by federal, state or local law to be in this Contract shall be read and ent()rced as though it were included herein and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of ether Party the Contract shall lcll'thwith he physically amended to make such inse1iion or correction. 8.2 PAROLE EVIDENCE: This Contract is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in trade shall be relevant to contradict, supplement or explain any term used in this Contract. 8.3 SEVERABIUTY: If any provision in this Contract or the application thereof to any persoti or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Contract and the application thereof shall not be affected and shall be enforceable to the Jill lest extent permitted by law. 8.4 CONTRACT ORDER OF PRECEDENCE: In the event of a con!lict in the provisions of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below: I. Special Terms and Conditions 2. Standard Terms and Conditions 3. Statement or Scope of Work and Fee Schedule Updated Ver: 05242012 (not Tille 34) Pngc 46 of 56 'l. Specilications 5 . .·'\ t1 ac h me nl s 6. Exhibits 7. lnvitationtll !lid. Instructions to Bidders and other documents retercnced or included. 8.5 INTEGI~\{IOt:i: Jhis Ctllttracl contains the filii agreement llf Ute parties hereto. Any prior or coniemporaneou:) written ~)r oral agrccn1cnt between the pnrti~s regarding the subject matter hereof is merged and supctscdcd hereby. 8.6 INDEPENDF.NT CONJR;\CTO!<:. f<ach Pari)' "ill act in its individual capacity and not as an agent, employee, partner, joint venture. ur 1Is-;ociate of tile other. /\n employee or agent uf one P[lrty shall not be deemed or construed to be the employee ur agent or the nthcr fOr nny purpo~;e whatsoever. The Contractor is advised that tnxcs or Social Security payments will nut he withheld lhlllt any City payments issued hereunder and that the (\,ntractor should nwkc arrangements to directly pay such expenses. if any. 8.7 NON-WAIVER 1v!ONIES DUE: The City of(i,lodyear as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lnwful or legitimate right !o recover monies lawfully due it. Thcrei(Jre, Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawtltl damages in any court of law under applicable Arizona law. 8.8 AMBIGUITIES NOT liEU) AGAINST DRAFTER: This Contract having been ti·ecly and voluntarily negotiated by all parties and the rule of contract construction that ambiguities. if any. in any term or condition of an agreement are held against the drafter ot· the agreement is not applicable to this Contract. 8.9 NON-WAIVER CONTRAC,:,I_PROVJSION; The failure of either Party to cnftlrce any of the provisions of this Contract or to require performance of the other Party of any of the provisions hereof shall not be construed to be a waiver of such provisions. nor shall it affect the validity of this Contract or any part thereof or the right of either Party to thcreallcr cnlorce each and every provision. 8.10 COOPERATION AND FURTHER DOCUMENTATION: The Contractor agrees to provide the City all duly executed documents as shall be reasonably requested by the City to implement the intent of this Contrnct. SECTION 9. CONTRACT ADMINISTRATION AND OPERATION 9.1 WORK PRODUCT_ EQUII'i\1ENT AND MATERIALS: All work product, equipment, or materials created or purchased under this Contract arc considered the sole property of the City and must be delivered to the City upon termination, abandonment of the Contract or final payment to the Contractor and shall not be used or released by the Contractor without prior authorization from the City. Work product includes, but is not limited to. plans, specifications, cost estimates, tracings, studies. design analyses, original Mylar drawings, computer aided drafting and design (CADD) file, computer disks and/or other electronic records and media. Contractor agrees that all materials prepared under this Contract are "works lor hire'' within the meaning of the copyright Jaws of the United States and assigns to City all rights and interest Contractor may have in the materials it prepares under this Contract, including any right to derivative use of the materials. Contractor shall place the professional seal of Contractor on all plans and doc:umcnts prepared in the pertbrmance or this Contrnct. 9.2 CONf'IDENTIALITY AND ENCRYPTION: All data, regardless of form, including originals. images and reproductions, prepared by, obtained by, or transmitted to Contractor in connection with this Contract arc contidcntial, proprietary information owned by the City. Except as specifically provided in this Contract, the Contractor shall not disclose data generated in the performance of the Service to any third person without the prior written consent of the City Manager. Updated Ver: 052,12012 (not Title.l4l P:tgt.J ~7 of:% Persona! idcntii\'ing information. !'inancial account information or restricted City in!'onnatinn, whether electronic t(>rm;lt ~'r hard copy, arc considered contldcntial intcmnation and must be secured and protected at all times to avoid unauthorized access, At a minimum C<>ntractor shall ensure that all electronic transmis~ions ur conlldential data arc encrypted Hnd any cryptographic algorithm implementations used must have been validated by the National Institute uf Standards and Technology (NIST). The usc of proprietary encryptiun algorithms will not be allcllled lc1r any purpose. The export of encryption technologies is restricted by the li.S. (iovernment. In the event that data collected or obtained hv C11ntractor in connection with this Contract is believed to have been cnmpromised, Contmctor shall n;1titj the City Attorney immediately. Contraci<)r agrees to •·eimburse tho City l()r any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals whn may be impacted by the breach. Contractor agrees that the requirements of this section shall be incorporated into all subcontractor agreements entered into by the Contractor. It is lin·ther agreed that a vi<)\ation of this section shall be deemed to cause irreparable harm and justifies injunctive relief in coutt. A violation of this section may result in immediate tenninntion of this Contract without further notice. The obligations of Contractor under this sect inn shall survive ihc icrminaii(Jll of this CnntracL 9.3 CONFLICT OF INTEREST/TIIIBPJ'ARTlli").: Contractor shall provide written notice to the City as set forth in this section, of any work or Services pct'ft)tmed by the Contractor lc>t' third parties that, to the extent that tho Contractor is aware, involves <lr is associated with any real property or personal property owned or leased by the City or which may be adverse to the City. Notice shall be given seven (7) days prior to commencement ol' the Services by the Contractor for a third party. Written notice and disclosure shall be sent to: Rorie Massey, City Attorney City of Goodyear 190 N. Litchfield Rd Goodyear. Arizona 853.18 Actions that arc considered to be adverse to the City include but are not limited to: I. Using data acquired in connection with this Contract to assist a third party in pursuing administrative or judicial action against the City: 2. Testifying or providing evidence on behalf of any third pm1y in connection with an administrative orjudicial action against the City: and 3. Using data to produce income for the Contractor, its subcontractors 0r employees independently of perlhnning the services under this Contract, without the prior written consent of the City. The Contractor represents that except for those persons, entities and projects identified to the City, the Services to be performed by the Contractor under this Contract arc not expected to create at\ interest with any person, entity, or third party project that is or may be adverse to the interests of the City. The Contractor's failure to provide a written notice and disclosure of the information as set tbrth in this section shall constitute a material breach of Contract. 9A CONFLICT_AUDIT: Within thirty (30) days of being requested to do so, Contractor agrees to provide the City an itemized summary of any and all gifts a Contractor, its directors, officers, managers, employees, agents and/or representatives have made to any City employee during the year prior to the date of the Contract through the date of the request. The suminary shall inQhtde the date the gift was made, a description of the gill, the City cmployce(s) that received the gill, and the value of the gifl. The summary shall be signed and its truthfulness certified by Contractor. For purposes of this section the terms "Gifi" means anything of value that is provided to the employee and includes, by way of ex<unple, ]Jut not limitation, meals, free usc of vacation homes, low interest or no interest loarts, tickets to sporting events, tickets to charitable events, entertainment expenses, travel expenses, drinks, and the like, The Updated Ver: 052420t2 (not Titlc3·1) Page 48 of 56 failure to comply with any request made pursuant to this section and/or tile submission ol' a summary that contains materinl misrepresentations constitutes grounds l()r debanncnt and the refusal to allow Contractor to participate in any ruture contracts \\'ith the City. 9.5 AUDIT OF RI~CORDS: Contractm shall retain, and .shall contractually require each and ewry subcontractor that pcrl()rms any Work under this Contact to retain all hooks. accounts, reports, tiles and any and all other records relating to the contract (hcreinaher rden·ed to as ·'Contract Documents'') for six (6) years after completion of the Contract. City. upon wri1ten request and at reasonable times, shall have the right to revie11. inspect, audit and copy all Contract Documents of the Contractor and any subcontractors. Contractor shall produce the original Contract Documents at City Hall. currently located at 190 N. Litchlleld Road, Goodyear, Mizona, m· at such other City t:1cility 11ithin the City as designated by the City in writing. If approved by City Attorney in writing, plwtogmphs, microphotographs, or other authentic reproductions mny be maimnincd instead of original Contract Documents. 9.6 AUDIT/BILLING AND EXPENSE~~ The City reserves the right to request supporting documentation f(lr all hourly amounts, cost of goods and reimbursable expenses charged to the City. Such recnrds will be subject to audit at any time during the term of this Contract and fc1r a period not to exceed two (2) years nfter any mnoullt i:; billed. Within thirty (30) days o!' receiving a request, the Contractor will furnish to the City original invoices to suppoti all charges and complete payroll records to support such hourly labor charges. The City reserves the right to audit any l)ther supporting evidence necessaty to substantiate charges related to this Contract both direct and indirect costs, including overhead allocations if they apply to hourly costs associated with this Contract If requested by the C'ity, the Contractor will provide supp01iing records electronically in addition to a hard copy. If the audit reveals overcharge, the Contractor will reimburse the City upon demand for the amount of such overcharges plus interest thereon from the date paid by the City through the date of reimbursement If tlte overcharges exceed 5% of Contractor's compensation, then Contractor shall also reimburse the City for the. cost of the audit The Contractor shall include a similar provision in all of its agreements with subcontractor providing goods andior services under this Contract to ensure the City, its authorized representative, ~ndior the appropriate federal agency, has access to the subcontractor t·ccords to verify the accuracy of any similar amounts charged to the City. 9.7 ADVERTISING: Contractor and all subcontractors shall not advertise or publish new releases concerning this Contract, goods or services provided to the City without prior written consent of the City Attorney. 9.8 CITY MARKS: The Contractor and all subcontractors shall not use any trade name, trademark, service mark, or logo of the City (or any name, mark or logo confusingly similar thereto) in any advertising, promotions, or otherwise, without the City's express prior written consent. 9.9 LICENSES AND PERMITS: Contractor and all subcontractors shall keep current federal, state, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract. 9. I 0 E" VERIFY. Contractor and all subcontractors warrant compliance with the c-verify statute, AR.S. § 23- 214(A). A breach of this warranty shall be deemed a material breach of this contract, and shall subject this contract to penalties up to and including, termination of the contract The City retains the right to inspect the papers and. records of any of Contractor's employees or any .subcontractor employees working on the contract to ensure compliance with this requirement. For this section, Contractor shall have the meaning of Contractor as found in A. R.S. § 41-440 I, and subcontractOt' has the same meaning as found in A.R.S. § 4 1-440 I, Updated Ver: 05242012 (not Title 34) Page 49 of 56 9.11 NON.-DISCJ(Jr-UNAIION: Comractor and all subcontmchJrs \\ill nut discriminate against any person on the basis o!' race, color, religion. age. gender. or national origin in the per!{wmnncc l)f this CnntracL and shall comply with the terms and intent 0I'Titlc VIol' the Civil Rights Act ol' 196·1, PL 88-354. 9.12 COfv!PL!A_NCE: The Comractor and all snlmmtractors understand allll agree hl comply with the Americans with Disabilities Act. the lmmigrati<'n Rclimn and Cuntrol Act ol' 1986 and the Drug Free Workplace r\ct ol' 1989 as amended. !he Contractor agrees to comply with these laws and Arizona Executi1·e Order 2009-09 in per!'Mming thi.s Contract and tt) permit the City to verify such compliance. 9.13 SUDAN/IRAN: Cr,ntrac:tor, on he hal I' ol' itself and any sullCt)ntractM retained tu pcrt(mn work under this Contract ccrliJks, to the extent npp!il~abk under A.R.S. ~~ 35-391 and 3S-YJ3 el ;-;e(j. that neither has "scnnini;:ed" hu~incss operations, as dcll.nt~d in the proceeding statutes in the countries of Sudan or fran. 9.14 CONliNJ16lK)t{j)URING D!~'IJ'l'ES: Cnntractor agrees tlwt notwithst:~nrling the existence of any dispute between the parties, insotnr as is possible, under tile terms ol' the contract, the Contractor shall continue to perform the obligations required or the Contractor riming tile continuntion of any such dispute unless enjoined or prohibited by the City ur an Arimna Court oi'CC>mpetentjurisdictinn. 9.15 COOPERATIVE ST!}TEME]'JT: This colllract shall be for the usc ol'thc City oi'CJoodycar. In addition, specitlc eligible specific political subdivisions and nonprofit educational or public health institutions may also participate at their discretion. Any eligible agency may elect to participate (piggyback) on this contract if the Contractor agrees to do so. 9.16 CAPTIONS~ The captions used herein are for convenience only and are not a part of this Contract and do not in any way limit or amplify the terms and provisions hereof. 9.17 BAN_KRlJI'TCY: This Agreement, at the option uf the City, shall be terminable in the case of bankruptcy. voluntary or invnluntmyl or insolvency of the Contractor. SECTION 10. CQ)':JT!l.ACT CHANCJE,1 I 0.1 MODIFICATION: No supplement, modillcation, or amendment of any term of this Contract will be deemed binding or effective unless in writing and signed by the Parties with authority to do so. !'his section does not prohibit the City from unilnterally extending the contract term. l 0.2 SUCCESSORS AND ASSIGNS: This Ct)ntract is binding on the parties' respective partners, successors, assigns, and legal representatives. Contractor will not assign. sublet. or transfer its right or interest in this Contract nor monies due, in whole or in part. or delegation any duty of Contractor without the prior written consent of the City. Any assignment or delegation made in violation of this section shall be void. [n no event docs this Contract create any contractual relationship between the City and any third party. 10.3 THIRD_I'ARTY BENEFICIARY: Nothing under this Contract shall be construed to give any rights or benefits in the Contract to anyone other /han the City and the Contractor, and ali duties and responsibilities undertaken pursuant to this Contract will be for the sole and exclusive bene tit of City and the Contractor, and not fi.11' the benefit tlfany other Party. I 0.4 AUTHORIZED CHANGES: The City reserves the •·ight at any time to make changes in any one or more of the t\)llowing: (i) specifications; (ii) methods of shipment or packing; (iii) place of delivery; (iv) time of delivery; and/or (v) quantities. If the change causes an increase or decrease in the cost of or the titiJe required for pertorntanee, an equitable adjustment may be made in the price or deliver schedule, or both. Any claim tor adjustment shall be deemed waived unless asserted in writing within thirty (30) days from the receipt ol' the change. Prior increases or ~xtensions of delivery time shall not be binding on the City unless evidenced in writing and approved by the City. Updated Vcr: 05242012 (not Title 34! Pag0 50 of 56 I 0.5 SUBCONTR:~C'fS: No subcontract shall be entered into by the Contractor with any other pm1y to furnish any of the goods. Service or \York specified hncinwithout the advance written approval ol'the City. I 0.6 CONTINGENTJ: EE"i:. Contractor warrauts that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding J'or a commission. percentage~ brokerage, or contingent fee, and that no member of the City CLHtncil. or any employee of' the City of Goodyear has any interest, linancinlly, or othel'l\ise, in the Cclntractor's business/linn. For breach or violation of this warranty, the City ot' Goodyear shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract price N consideration, the full amount of such commission, percentage. brokerage. or contingent i'ee. 10.7 LIENS: Contractor shall hold the City harmless fi·om claimants supplying labor or materials to the contractor or subcontractors in the pcr\(mnancc of the work requit·ecl under this Contract. SECTION II. ,l'{ARI~\NTY 11.1 GUARANTEE: Unless otherwise specilied, all items shall be :;uaranteed for n minimum period ol' one (I) year ti·om the date of acceptance by the City against detects in material and workmanship. At any lime during that period, i I' a defect should occur in any item that item shall be replaced or repaired by the Contractor at no obligation to the City except where it is shown that the detect was caused solely by misuse of the City. 11.2 QUALlTY: Contractor expressly warrants that all goods and services ti.trnishcd under this Contract shall conform to the specifications. appropriate standards, and will be new and tl·ec from defects in material or workmanship. Contractor warrants that all such goods or services will conform to any statements made on the containers or labels or advettisements hll' ,;uch goods or services, and that any goods will be adequately contained, packaged. marked and labeled. Contractor warrants that all goods and services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose which goods or services of that kind are normally used. If Contractor knows or has reason to now the particular purpose for which City intends to use the goods or services, Contractor warrants that goods and services furnished will conform in all respect to samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not affect the Contractors obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Contractor's warranty shall run to City, its successors and assigns. 11.3 RESf'ONSIB!LJTY FOR CORRECTION~ Any detects of design, workmanship. or materials that would result in non-compliance with the contract specilication shall be ti.dly corrected by the Contractor (inclvtding parts, labor. shipping or freight) without cost to the City. This includes any necessary labor to remove, repair, instalL or to ship or transpot1 any item to a point of repair and retunt It is agreed that the Contractor shall be fully responsible for making any correction, replacement, or modification necessary for specitlcation or legal compliance. Contractor agrees that if the product or service oftered does not comply with the 1\Jregoing, the City has the right to cancel the purchase at any time wit.h full reft~nd within 30 calendar days after notice of non-colnpliancc and Contractor further agrees to be fully tesponsible lbr any consequential damages suffered by the City. 11.4 INVESTIGATION OF CONDITIONS: The Contractor warrants and agrees familiarity of the work that is required, is satisfied as to the conditions under which it is to perfbnn and enters into this Contract based upon the Contractors own investigation. 11.5 WORKMANSHIP: Where not more specitically described in any of the various sections of the specitlcations, workmanship shall eontbrm to all of the methods and operations of best standards. and accepted practices of the irade or trades involved and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services or goods. All goods and services Updated Ver: OS2420t2 (not Title 34) PHgc 51 of 56 shall be provided and executed by personnel skilled in their respective lines <>f work. Contractor warrants that all goods and services delivered under this conrract shall cunf(\Jln to the specilications of this C<lntract Additional warranty ,·equircmenrs may be set 1\lrih in the Solicirarion. I I .6 RIGHT TO INSPLCJ_l'lc,_l\jjJ: The City mav. at reasonable times. inspect \he pan ,,f the plant or place of business nf n Contl'actor nr subcontmctor \\ hich i') 1·clated to the per!'ormancc of any contract as awarded or to be awarded, 11.7 PREPARALION 01· SPECII·'!Ct\TIONS llY PERSONS em IUtJJ.I/I.N Cli~Y PERSONNEL: ;\\1 specifications sl1nll seek to pronh)[C o\·erall economy f~1r the purposes intended and encourage competition and not be unduly rcstrit:tivc in satisfying the City's needs. No pcr.son preparing specif'ications shall receive any direc\ or indirect benefit from the utili1ation ol' specillcarions. other than fees paid il>r the preparation of specillcations. 11.8 SURVIVAL: Secti<lns 6, 7. X.'!. I 0 and II will survi,·c the C<lltlpletion, termination andlor abandonment of this Contract. 11.9 COMPLIA/'iCE\V_l_TH AI'I'LICAGLE LA \V: Contractor shall comply with all applicable federal. state and local laws, codes and regulations; including all applicable building regulations. license and permits requirements. SECTION 12. CITY CONTRACTUAL RIGHTS 12.1 RIGHT OF ASSURANCE: Whenever the City in good Iiiith has a reason to question the Contractor's intent or ability to perl\mn, the City may demand that the Contractor give wrirten assurance of the intent and ability to perll>rm. In the evemthat a demand is made and no written assurance is given within live (5) work days. the City may treat this t;1ilure as an anticipatory repudiation of this contract. 12.2 NON-EXCLUSIV]LIS_E_MfDlES: The righls and remedies of the City under this Contract are non- exclusive. 12.3 DEFAULT IN ONE INSTALL!VIENT TO CONSTITUTE BREACH: Each installment or lot of this Contract is dependent on every other installment or lot and a delivery of non-conforming goods or services or a default of any nature under one installment or lot will impair the value of the whole Contract and constitutes a breach of the Con traer as a whole. 12.4 TIME IS OF TilE L;;i~ENCE: Time of each of the terms, covenants, and conditions of this C<mtract is hereby e,,pressly made of the essence. The City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery lllUtil be made in accordance with the delivery schedule promised by the Contractor. 12.5 NON-~.XS.:LU.SlVE CONTRACT: The City reserves the right to purchase goods or services from another source only when necessaty and determined appn,priatc by the City's Procurement Manager. 12.6 STRICT PERFORMANC~: Failure of either Party to insist upon the strict performance of any item or condition of the Contract or to exercise or delay the exercise of any right or remedy provided in the Contract, or by law. or the acceplance of materials or services, obligations imposed by this Contract or by law shall not be deemed a waiver of any right of either Party to insist upon the strict performance of the Contract. 12.7 CONFLICT OF INTEREST: This Contract is subject to the provisions ot' A.R.S. § 38-511 and may be canceled by the City. without penally or further obligation, ifnny person significantly involved initiating, negotiating, securing, dratling, or creating the Contract on behalf of the City is, or becomes, an employee, Updated Y cr: 052420 12 l nul Tille 34) Pagl! 52 of 56 consultant. or agent ol· Contractor in any capacity with respect tnthe snbject matter of the Contract while the Contract or any extensiou or amendment thereof~ is in effect. f2.8 DEFAULT: In the case of default bv the Contractor, the Citv mav. bv written notice, cancel this cnntract and-;:epurchasc from another source~ and may recover the e~ces; co;ts by (i) deduction fl·om an unpaid balance due: (ii_) collection against the bid and/or perf(mnance bond. or (iii) a combination of the aforementioned remedies or other remedies as provided by law. 12.9 NOTICES: Unless otherwise provided herein. demands under this Contract will be in writing and will be deemed to have been duly given and received either (a) on the date or service if personally delivered to the Party to whom notice is to be given, or (b) on the third day after the date of the postmark of deposit by first class United States maiL registered or certified postage prepaid and properly addressed as to\ lows: To City: Brian Barnes 190 N. Litchfield Road Goodyear, AZ 85338 To Contractor: Sun line Contracting, L.LC 7777 N. 70'" Ave. Glendale, AZ 85303 Copy to: Rorie Massey City of Goodyear, City Attorney 190 N. Litchfield Road Goodyear, AZ 85338 12.10 This Contract shall be in full force and effect only when it has executed by duly authorized City officials and the duly authorized agent of the Contractor. SECTION \3. CERTIFICATION 13.1 By signing on the offer and acceptance page, the individual certifies that they are authorized to sign on behalf of Contractor and further certifies that (a) No collusion or other anti-competitive practices were engaged in to arrive at the terms of this Contract, and that this Contract is subject to the provisions of A.R.S. Section 38-511; (b) The Contractor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, lttture employment, gift, loan, gratuity, special discount, trip favor, or service to a public servant in connection with this Contract. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resultant contract, and the Contractor may be debarred. END OF STANDARD TERMS AND CONDITIONS Updated Ver: 05242012 (not Title 34) Page 53 of 57 Updated Ver: 05242012 (not ritlc .l4) SJ'!i;ClAL TERMS AND CONDITIONS CON-LJ.-2195 ~/;\ END OF SPECIAL TERMS AND CONDITIONS Pag0 54 of 56 Upuatcd V cr: 05242012 (no! Tille 34) SCOPE OF WORK CON-13-2!95 END OF SCOPE OF WORK OP 13-2195 Scope of Work 10/1/12 STREET TYPE LIMITS AREA WESTERN AVE-3"10 ART LITCHFIELD EAST CITY LIMITS 8,960 2 BULLARD AVE .. 142 ART MCDOWELL RID CANAL 49,796 3 I 50TH DR-1880 COL MCDOWELL VIRGINIA 22.453 4 MONTE VISTA RD -1875 COL PEBBLE CREEK 150TH 18,966 5 MCDOWELL RD-324 ART PEBBLECREEK BULLARD 62,393 6 MC DOWELL RD-326 ART SARIVAL PEBBLE CREEK 55,385 7 158TH AVE-1895 COL VAN BUREN SARIVAL 12,838 8 VAN BUREN ST-356 ART SARIVAL ESTRELLA 40,758 9 CANYON TRAILS BLVD-752 COL YUMA 167TH 13.410 10 CANYON TRAILS BLVD-750 COL 167TH COTTON 12,257 11 167TH AVE-734 COL CANYON TRAILS VAN BUREN 14,296 12 YUMA RD-388 ART SARI VAL COTTON 42,638 13 157THAVE -716 COL LOWER BUCKEYE GOODYEAR BLVD '15,413 14 LOWER BUCKEYE PKWY - B 12 ART ESTRELLA VILLAGE 26,119 15 ELWOOD ST-774 COL ESTRELLA EOP 13,334 16 CALISTOGA DR -1940 COL ESTRELLA 182ND 27,739 17 178THAVE-1945 COL CALISTOGA VERDIN 5,222 Updated Vcr: 05242012 (not Title 34) PRICE!F'EE SCHEDIJLE CON-13-2195 END OF PRICE/FEE SCHEDULE Page 56 of 56 2811053.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUNLINE CONTRACTING LLC [Work Orders] See following pages (to be attached subsequent to execution). TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Public Works Staff Contact Information:Justin T.Weldy,Street Superintendent,jweldy@fh.az.gov Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):Consideration of approving the first amendment to Cooperative Purchase Agreement C2016-164.1 withAlphaFencing&Ironworks for guardrailrepair,removaland replacement inan amountnot to exceed $25,000.00for FY2016-17 and $25,000.00 for each of the next two years for a total notto exceed $75,000.00 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background): The Town's guardrail maintenance program requires repairs, replacement and removal to insure all guardrails are properlymaintained and in compliance with the Maricopa Association of Governments (MAG)Standards.This contract amendment will insure that guardrails needing repair, replacement or removal can be addressed in a timely manner Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status):$25,000.00 annually for three years. Budget Reference (page number):276 Funding Source:Hurt Fund 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):Staff recommends approval of Amendment No.1to Cooperative Purchase Agreement C2016-164.1 List Attachment(s):Contract C2016-164.1 Page 1 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent 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 resolution 2016-38,ADOPTING THE TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY,AMENDED AND RESTATED DECEMBER 15,2016. Applicant:Rachael Goodwin Applicant Contact Information:480-816-5135,rgoodwin@fh.az.gov Property Location:16705 E.Avenue of the Fountains,Fountain Hills, AZ Related Ordinance,Policy or Guiding Principle:Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy Staff Summary (background):At the November 17,2016 Council Meeting,Council endorsed staff proposed changes to the Fountain Hills Municipal Sponsorship and Naming Rights Policy.The changes include the following: A tiered system for all events wishing to request in-kind support for Special Events. Year One:If approved,first year events will be authorized a fee waiver of up to 100%of Town issued fees Year Two: If approved,second year events will be authorized a fee waiver of up to 50%of Town issued fees Year Three:If approved,third year events will be authorized a fee waiver of up to 25%of Town issued fees Non Profit Events The added guidelines for evaluation include: -The majority of the proceeds from the event,if being distributed by the event organizer,should be distributed to entities within the Town of Fountain Hills. -The proposed event is of a unique and distinct nature,with potential to bring positive publicity to the Town. -Completed submission of all required permits and applications as required by the Fountain Hills Town Code. Other items that will be considered and are highly preferred: -The non-profit organization is based in Fountain Hills -Expected attendance of 500 or more -Events are free and open to the public or priority pricing given to Town residents -Innovative regional marketing -Events that generate overnight stays within the Town Commercial or For Profit Events Page 1 of 3 2189798.32189798.4 TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY Amended and Restated August 7, 2014December 15, 2016 1. Purpose. To establish for the Town of Fountain Hills, Arizona (the “Town”) a formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with, persons or entities for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships and Marketing Arrangements, (including Facility Naming Rights), the following Municipal Sponsorships and Naming Rights Policy (this “Policy”) is hereby adopted by the Mayor and Council of the Town (the “Town Council”). This Policy is intended to set forth the process for the Town to participate in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement programs to give valuable support to important Town programs, facilities and services for public benefit by (i) providing funding for Town events from private businesses and (ii) allowing the Town to partner with activities provided by outside entities. In doing so, the Town must ensure its actions are consistent and appropriate to the Town’s vision, mission and values. This Policy is not intended to apply to Bequests or Donations (each as defined below). This Policy shall: A. Establish Procedures. Establish consistent procedures and practices for receipt or solicitation of Municipal Sponsorships (as defined below), Co-Sponsorships (as defined below), Sole Sponsorships (as defined below) and Marketing Arrangements (as defined below) by Town staff. B. Encourage Sponsorships. Encourage solicitation of Municipal Sponsorship opportunities such as Facility Naming Rights, Sole Sponsorships, Co-Sponsorships, Marketing Arrangements and similar agreements that generate revenue (financial or in-kind) in support of existing and new Town facilities, projects, programs or services. C. Encourage Partnerships. Develop public/private alliances to provide programs, events, venues and services within the Town. D. Encourage Staff Innovation. Empower Town departments to seek Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement opportunities to provide funds for programs, events, venues or services they might not otherwise be able to provide to Town residents and visitors. E. Safeguard Town Interests and Goals. Ensure that Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities (1) safeguard the Town’s assets and interests, (2) support the Town’s goals of service to the community and (3) remain responsive to the public’s needs and values. F. Establish Naming Framework. Provide a framework within which requests to name public facilities are considered and evaluated. 2189798.32189798.4 2 2. Scope. This Policy shall govern all Town departments regarding the solicitation of, and the unsolicited offers/requests from third parties related to, Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships and Marketing Arrangements for Town programs, projects, events, venues, facilities and services. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement solicitations shall be in furtherance of the Town’s needs and conducted in accordance with the provisions in this Policy. All Town staff responsible for, or otherwise involved in, Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities on behalf of the Town or their respective departments shall adhere to the policies, procedures and guidelines set forth herein. A. Third Party Solicitation. Subject to the conditions of this Policy, Town staff may solicit or respond to solicitations from third parties for such Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements for the Town. B. Fair Compensation. At all times, recognition for Municipal Sponsorships or Marketing Arrangements must be evaluated to ensure the Town is receiving fair and competitive compensation and that such recognition is consistent with the scale of each Sponsor or Marketing Arrangement’s contribution. C. Outside the Scope of this Policy. This Policy shall not apply to: (1) Funding obtained through formal grant programs or through intergovernmental agreements with other political subdivisions of the State. (2) Town support of external projects where the Town provides funds to an outside organization (examples include, but are not limited to, grants to Nonprofit Organizations). (3) Gifts, Bequests, or unsolicited Donations to a Town department or the Town where no reciprocal commercial benefit is given or expected and no business relationship exists. 3. Definitions. Bequest. A gift or contribution of cash, goods or services given voluntarily and expressed in writing through a will or other testamentary document. Co-Sponsorship. Participation by the Town (via direct funding, waived fees, staff coordination or technical assistance) in an event that is provided by an outside entity and that is closely aligned with or furthers a core Town program or service. Donation. A gift or contribution of cash, goods or services given voluntarily toward an event, project, program or corporate asset where no reciprocal commercial benefit is given or expected. If reciprocal commercial benefits are given or a business relationship exists with a corporate donor, the contribution will be a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement, as applicable, and the principles of this Policy will apply. 2189798.32189798.4 3 Facility Naming Rights. The naming of Town-owned and/or operated buildings, structures, natural features and recreational facilities, whether in whole or portions thereof (hereafter referred to individually as a “Facility” or collectively as “Facilities”), and streets, roads or any public rights-of-way (hereafter referred to individually as a “Street” or collectively as the “Streets”) within the corporate limits of the Town. Portions of a Facility may have names other than that of the entire Facility and features may be dedicated to or in honor of a person such as “Smith Beach” or “Jones’ Amphitheater,” subject to the provisions of this Policy. In-Kind Contribution. A contribution received in the form of goods and/or services rather than cash as part of a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement. Marketing Arrangement. A mutually beneficial business arrangement between the Town and a third party, wherein the third party provides cash and/or in-kind services to the Town in return for access to the commercial marketing potential associated with the Town. Marketing Arrangements may include Municipal Sponsorship or Sole Sponsorship of one or more of the Town’s programs, projects, events, Facilities or activities. Municipal Sponsorship. A business relationship in which the Town and another entity exchange things of value, including a public display of support. This value can be financial, in-kind or benefits related to visibility/exposures, publicity or market reach. It should not be confused with Donations (as defined above), the sale of advertising or innovative approaches to purchasing goods or services. Municipal Sponsorships include funds, products or services provided by a company or individual to the Town, in consideration of the opportunity for the company or individual to promote its name, product or service in conjunction with a Town program, project, event, venue or activity. Nonprofit Organizations. Organizations designated as tax-exempt under the Federal Tax Code. Sister Agency. Local government entities that are traditional partners with the Town (i.e. Fountain Hills Unified School District and Fountain Hills Sanitary District). Request for Proposals (“RFP”). An open and competitive process whereby the Town invites companies, subsidiaries or individuals to express their interest in participating, and submit proposals to participate, in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities with the Town. Sole Sponsorship. A business relationship in which a company, subsidiary or individual has paid to be the only Sponsor of a Town program, project, event, venue or activity. Sponsor. A company or individual that provides the Town with a Municipal Sponsorship and that enters into a Municipal Sponsorship agreement with the Town to promote itself and/or its products or services. 2189798.32189798.4 4 Standards of Responsibility. The requisite standards to enter into a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement with the Town. Factors to be considered in determining whether the standards have been met include, but are not limited to, whether a prospective Sponsor: (i) has available (or the ability to obtain) the appropriate financial, material, equipment, Facility, personnel resources and expertise necessary to indicate its capability to meet all contractual requirements; (ii) is able to comply with required or proposed delivery or performance scheduling; (iii) has a satisfactory record of performance; (iv) has a satisfactory record of integrity and business ethics; and (v) is qualified legally to contract with the Town. 4. Restrictions. In general, the following industries and products are not eligible for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements, including Facility Naming Rights, with the Town, but the Town may elect to enter into Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements with these restricted industries or products when it is deemed appropriate by the Town Council acting in its sole discretion. A. Prohibited or Restricted Products. A company, subsidiary and association with products or services that are prohibited or restricted by Town Code or other governing laws and policies. B. Adult Products. A company or subsidiary whose business is substantially derived from the sale or manufacture of tobacco products, products prohibited under federal law or sexual/adult-oriented products. C. Alcohol Sponsor at Youth-Related Events. Alcoholic beverages when the intended audience of or participants in the Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement are youth under the legal drinking age. D. Parties not Deemed Responsible. Parties that are not deemed responsible under the Standards of Responsibility. E. Parties to Litigation. Parties involved in a lawsuit with the Town. F. Separate Contracts. Parties involved in any stage of negotiations for a Town contract unless the contract is directly linked to a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity. G. Conflicts of Interest. Individuals or commercial enterprises having past, present or pending business agreements or associations with the Town, if a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreement would create an appearance of impropriety. H. Pending Land-Use Approval. Parties with an active case for any land-use approval before the Town. I. Religious or Political Entities. Religious or political associations or candidates running for any political office. 2189798.32189798.4 5 5. Roles and Responsibilities. A. Responsibilities of Town Departments. (1) Initiating Town Department. The initiating Town department shall (a) ensure adherence to the principles and guidelines outlined in this Policy, (b) prepare a proposal setting forth the scope of the program or project as provided in Subsection 6(A) below and (c) work with the Town Finance Division to ensure appropriate budgeting of revenues and expenditures and with the Town Attorney’s Office to ensure the integrity of the procurement process and the legal sufficiency of contractual obligations. (2) Finance and Budget. The Finance Division shall provide general guidance, cost/benefit analysis, and direction relating to the appropriate budgeting of revenues and expenditures in a manner that maximizes the benefits of each Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights arrangement for the initiating Town department, the Town and the Sponsor. (3) Procurement. When applicable, the Town Manager or authorized designee shall oversee the preparation of the RFP or other competitive solicitation for Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights opportunities. (4) Town Attorney. The Town Attorney’s Office shall provide legal review of any RFP or other competitive solicitation for Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights opportunities and oversee the preparation of all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights agreements. (5) Town Manager. The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities, including interim reports provided from time to time by Town departments. The Town Manager also shall be responsible for determining the frequency of reports by Town departments. 6. Procedures. The Town’s participation in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and/or Facility Naming Rights activities shall be according to the procedures set forth below. For Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights arrangements initiated by the Town, Subsections 6(A) – (G) shall apply; for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights arrangements initiated by another person or entity, Subsections 6(B), (D), (E), (F) and (G) shall apply. A. Prepare a Proposal. A Town department considering a potential Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights arrangement shall prepare a proposal setting forth the scope of the program or project, 2189798.32189798.4 6 including a description of the community benefit, financial goals, means of recognition, potential interested Sponsors, and general marketing strategy if a Marketing Arrangement is involved. The proposal shall be submitted to the Department Director for review and approval. If Facility Naming Rights are involved and will result in a name change to an existing Facility, the history and legacy of the current municipal Facility should be considered and/or incorporated within the new proposed name. All Facility or Street naming shall be in accordance with the additional procedures set forth in Sections 8 and 9 below. B. Estimate Value. If the proposed Municipal Sponsorship or Marketing Arrangement includes Facility Naming Rights or granting Sole Sponsorship, the Department Director shall provide a reasonable basis for determining the value of the Municipal Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity. At the Town Manager’s discretion, a qualified third party may be used to establish value. C. Develop and Implement Solicitation. The applicable Town department, working with the Town Attorney, shall develop an RFP for each Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunity valued greater than $10,000 and all Facility Naming Rights opportunities and the most beneficial, qualified response shall be submitted to Town Council with a recommendation for approval. Town-originated Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangements valued at $10,000 or below and revenue producing or “no-cost” Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities that involve the provision of commodities or services provided either to the Town or the Fountain Hills community in support of Town operations, functions or programs through which the provider will benefit monetarily, must be awarded using a competitive process that is appropriate to the value, complexity and profile of the business opportunity. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement proposals forwarded to the Town are not subject to competitive solicitations if the proposed Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity is determined through a good faith effort to be unique and without interested competitors. D. Evaluate Submissions. The applicable Town department shall review and analyze all responsive submittals received and shall provide a recommendation of approval or denial to the Town Manager. The submittals shall be reviewed against selection criteria that may include, but are not limited to: (1) Consistency of the prospective entity’s products, customers and promotional goals with the Town’s character, values and service priorities, including the most recently adopted Town Council goals. (2) The ability for the Town to retain its identity as owner/operator of the Facility or principal provider of the service. (3) The prospective entity’s historical participation and association with community projects, events and continued willingness to participate. 2189798.32189798.4 7 (4) The operating and maintenance costs to the Town associated with the proposed sponsorship. (5) Anticipated public perception of the association with the Town and the prospective entity and community support for, or objection to, the prospective entity. (6) The prospective entity’s regard for and demonstrated success in valuing diversity. (7) The prospective entity’s regard for and demonstrated success in environmental stewardship. E. Develop Agreement. In the event a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights proposal is recommended for approval, the Town department will work with the Town Attorney’s Office to prepare an agreement consistent with all applicable Town Codes, policies and ordinances. The agreement shall contain a provision granting the Town the right to suspend or terminate the Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights agreement if, in the sole discretion of the Town Manager or the Town Council (whichever approved the agreement), the continued arrangement would no longer satisfy the selection criteria by which the arrangement was initially approved. F. Manager Review; Council Approval. The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement proposals and shall submit to the Town Council for approval all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements (1) with an aggregate value greater than $10,000,50,000, (2) involving Town contributions, whether in cash or as an In-Kind Contribution greater than $10,000,50,000, (3) involving a request to close public access to a Town-owned facility for more than one day, (4) involving events lasting longer than one week (including set-up and take-down) and (5) all agreements involving Facility Naming Rights. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements not identified in clauses (F)(1)-(5) above may be approved by the Town Manager. G. Record Financial Transaction. In the event a Municipal Sponsorship is received as an In-Kind Contribution of goods or services, the Finance Division shall create and retain a record of that donation and any associated revenue or expense to the Town to document the financial transaction to the Town. 7. Co-Sponsorship Requests. The Town actively supports the efforts of Nonprofit Organizationsorganizations, other governmental agencies and Sister Agencies whose events are (i) held in Town parks and Facilities and (ii) further Town core program goals and services. Such support may include fee waivers, reduced fees, reduced rental charges and Co-Sponsorship. All permit fee waivers and reductions, reduced Facility rentals and Co-Sponsorship agreements must comply with the guidelines and procedures set forth below. A. Fees. The Town charges everyone a fee to permit and have priority use of any park, amenity, stage or recreation Facility. This fee is to cover extra operational expenses 2189798.32189798.4 8 associated with the use or event and to guarantee the space for the permittee. Fees are based upon the purpose and size of the event. Additional fees are charged as a damage deposit. Fees may be modified as follows:(1) Any Nonprofit Organization that meets the guidelines set forth below may receive a 50% reduction in fees or rentals.in the Town’s fee schedule. (2) The Town may further reduce or waive an outside organization’s permit or rental fees for an event on Town property that (a) has close association with the Town’s core program goals and services and (b) provides the Town with positive marketing exposure B. General Requirements for Reduced Fees. The determination as to further waiversfee reductions shall be made by the Town Manager or the Town Council, with the authority for such review determined according to the limitations set forth in Subsection 6(F) above. Fees for specific groups may be reduced as set forth in Subsections 7(C) - (F) below. All requests for reduced fees shall be evaluated with the following considerations: (1) The impact on Town staff time. (2) The impact on Town volunteer resources. (3) The number of events submitted per organization or promoter. (4) The dollar value of the fee reduction. (5) The organization or promoter’s performance with prior events, including financial reports and event outcomes. The Town may also consider the organization or promoter’s overall good standing within the community. B. Requirements for Reduced Fees. AnyC. Reduced Fees for Nonprofit Organizations. Events sponsored and sanctioned by Nonprofit Organizations (as opposed to simply partnering or associating with a Nonprofit Organization) may be eligible for reduced or waived fees. Nonprofit Organizations applying for a Town permit or Facility rental may be granted a 50% reduction in fees if the following criteria are met: (1) At the time of the request for reduced fees, the Nonprofit Organization provides a copy of the determination letter from the IRS granting the Nonprofit Organization tax-exempt status. (2) The mission of the Nonprofit Organization does not conflict with the Town’s regulations, mission or policies. (3) No fundraising activities are involved as a part of the program or event. Any exceptions must be approved by the Town Manager or Town Council pursuant to the process set forth in Subsection 7(A)(2) above.The majority of event proceeds distributed by the organizer will be distributed to entities within the Town of Fountain Hills. (4) The proposed event is unique and distinct, with the potential to bring positive publicity to the Town. 2189798.32189798.4 9 (5) All necessary applications and related materials have been provided to the Town for required permits. (6) The Nonprofit Organization permit-holder must remain responsible for damage fees and other costs, including, but not limited to, general liability insurance, police coverage, player/team fees, electrical fees, lights, overnight security, concessions, toilet/trash service agreements, fencing and any other additional needs and agreements pertaining to the event. Damage deposits are never waived for events conducted by organizations from outside of Fountain Hills. Events at the Desert Vista Skate Park require an additional damage deposit in addition to the regular park permit procedure. (57) Except for Municipal Sponsorship Agreements, any fee reductions for athletic field permits should be limited to youth tournaments and events only. Youth programs must be based in Fountain Hills and primarily serve Fountain Hills residents. The permit-holder is responsible for the damage deposit and any athletic field light fees. In addition to the requirements set forth above, the following will receive favorable consideration and are highly preferred: (1) Expected attendance of more than 500. (2) Events that are free and open to the public or for which Fountain Hills residents are provided discounts or priority pricing. (3) Innovative regional marketing. (4) Events that generate overnight stays in Fountain Hills. (5) The Nonprofit Organization is based in Fountain Hills. D. Reduced Fees for Commercial or Private Promoter Events. If the organizing body is a commercial, private, or other for-profit venture, the following criteria will be used to evaluate a potential fee waiver. Please note: the criteria below are intended to be minimum, but not complete, standards for the Town to consider a fee waiver; only events that meet or exceed the following minimums will be considered: (1) Events that provide national, regional or state-wide exposure for the Town and draw participants from those locations. 2189798.32189798.4 10 C. Requests for Co-Sponsorships of Non-Governmental Entities. The Town has a limited In-Kind Contribution budget each year to actively co-sponsor events. Primarily, the Town can provide limited staff coordination and technical assistance. Organizations still must fund other associated costs, including, but not limited to, the cost of additional dumpsters, portable toilets, lighting, etc. When evaluating proposals from organizations, the following criteria are used: (2) Events with expected attendance of 2,000 or more. (1) The event/program should promote beneficial use of the park, Facility, or program.3) Events that are unique and distinct, with the potential to bring positive publicity to the Town. (4) Events that have a definable and measurable benefit to the Town including, but not limited to, marketing exposure, sales tax revenue and overnight stays. (25) The event/program should be open to the public. (36) The event/program should support the Town’s core recreation programs, mission and goals. (47) The event/program should demonstrate community pride and involvement. (58) The event/program should not have a religious or political purpose. (69) Priority should be given to events/programs that support or positively impact youth. (710) The sponsoring organization should clearly recognize the Town as a co-sponsor (including logo) on all materials and announcements associated with the event or program, subject to the Town’s prior, written approval of the use of the Town logo or trademarks. The Town may display its banners at all co-sponsored events. E. Reduced Fees for New Events. Fountain Hills is an event-friendly destination; as such, the Town solicits and supports new event opportunities. The Town looks to nurture events that have long term potential for creating a positive impact for both the event organizers and Fountain Hills. First time events often face financial difficulties with startup costs and other initial expenses, and the Town recognizes the value of helping an event find its footing. The Town has developed a tiered system for all event organizers requesting in-kind support for new events. It is the expectation that events become self-supporting after this three year support cycle. (1) Year One: if approved, first year events may receive a fee waiver of up to 100% of Town costs. 2189798.32189798.4 11 (2) Year Two: if approved, second year events may receive a fee waiver of up to 50% of Town costs. (3) Year Three: if approved, third year events may receive a fee waiver of up to 25% of Town costs. All applicants will be required to submit: (i) a detailed description of the event; (ii) a pre-event schedule, budget and marketing plan; and (iii) a detailed description of the fees requested to be waived, in-kind contributions to be made by the Town or accommodations to be made by the Town or others. Following the event, recipients are required to submit a post-event financial assessment. Events will not be automatically “renewed” for subsequent years; an application must be submitted for annual review and approval. Fee waiver decisions will be made by the person/entity designated in Subsection 6(F) above. F. Legacy Events. Fountain Hills hosts several events annually that are recognized as pillars in the Fountain Hills Special Event Calendar. These events have long standing reputations in our community and have established an event foundation for residents and guests alike. Due to their long track records of success, these events will have the privilege of operating under the guidelines listed below. “Legacy” status is based upon continuous, consistent operation by the same entity or organization. If any establis hed “Legacy Event” changes dates, format, impact area, organizer, or other significant component, Legacy status will be suspended until a review of the special event can be completed by the Special Event Committee and the Town Manager. Legacy status may also be forfeited. (1) Rental fees for Town property will be waived for Legacy Events, however all permits, rental costs, and other incurred fees must be paid by the organizer. (2) Legacy Events will still be required to follow all Town Code guidelines for Special Events, including permits, deadlines, traffic control requirements, security, alcohol service, etc. Participating vendors will be required to abide by Fountain Hills Business License requirements. Proceeds from Legacy Events must remain with or be distributed to entities within Fountain Hills. (3) Identified Legacy Events are: Fountain Festival: Organized by the Fountain Hills Chamber of Commerce; held annually on the second full weekend of November; Thursday- Sunday format. The Great Fair: Organized by the Fountain Hills Chamber of Commerce; held annually on the last full weekend of February; Thursday- Sunday format. Oktoberfest: Organized by Fountain Events, Inc.; held annually on the last weekend of September; Friday and Saturday evening format. 2189798.32189798.4 12 St. Patrick’s Day Celebration: Organized by Fountain Events, Inc.; held annually on the Sunday before March 17. DG. Requests for Co-Sponsorship of Other Governments and Sister Agencies. (1) If another governmental entity or Sister Agency (i.e. Fountain Hills Unified School District or Fountain Hills Sanitary District) is only a supporting sponsor for another outside organization, that other outside organization still must apply for Town Co-Sponsorship. (2) If another governmental entity or Sister Agency is the primary organizer for a public program or event, generally the Town will grant a request to be a co-sponsor. Like sponsorship of outside organizations, the governmental entity or Sister Agency still is responsible for all other costs associated with the program or event. (3) The governmental entity or Sister Agency holding the program or event must clearly acknowledge the Town as a co-sponsor on all written materials associated with the event, subject to the Town’s prior, written approval of any use of the Town logo or trademarks. 2189798.32189798.4 13 8. Facility Naming General Policies. A. Recommendations to Other Bodies. This Policy should be followed in reviewing or preparing the Town’s official comments or recommendations to State, Federal, and/or intergovernmental boards taking actions regarding geographic names, naming or renaming of Facilities or Streets. B. Town Request; Town Council Consideration. The Mayor, three members of the Town Council, or the Town Manager may request the naming or renaming of a Facility or a Street. Thereafter, the Town Council shall discuss the requested renaming at a public meeting. C. Bond-Financed Facilities or Streets. If a bond-financed Facility or Street is proposed or requested to be named or renamed, bond counsel must review and approve the request or proposal before consideration at a Town Council meeting. D. Public Notice. The Town Council shall provide appropriate public notice of any Street or Facility naming actions in conjunction with other agenda items for regularly-scheduled meetings. E. Changes to Approved Names. Once a name has been officially approved by the Town Council, changes should be strongly resisted. F. Town Council Discretion. In all cases, the Town Council reserves the right to accept or reject any proposal to name or rename a Street or Facility, in its sole discretion. G. Town Manager Duties. The Town Manager, upon approval of the naming or renaming action by the Town Council, shall implement names or name changes of Facilities or Streets. The Town Manager shall notify those who have submitted the suggestion as well as other appropriate offices and agencies. Upon Town Council denial of a name or name change, the Town Manager shall notify those who requested the name change. 9. Facility Naming Criteria. A. For Facilities and Streets Generally. Recognizing that the naming or renaming of a Facility or Street should be approached cautiously with forethought and deliberation, the following criteria are hereby established: (1) To avoid duplication, confusing similarity or inappropriateness, the Town Council, in considering name suggestions, shall review existing Facility and/or Street names, as applicable. (2) In naming Facilities and Streets, consideration shall be given to geographic location, historical or cultural significance and natural or geological features. In the construction of a Facility, the address designation shall be used until the formal naming of the Facility. Whenever possible, naming shall be made prior to the completion of construction of a Facility or Street. 2189798.32189798.4 14 (3) Facilities and Streets may be named only for a deceased individual or individuals if (i) the individual or individuals has/have enhanced the quality of life within the Town and (ii) two years or more has elapsed between the consideration for naming and the time of death of the individual or, in the case of related individuals, two years after the death of one of the individuals. The deceased individual shall have performed outstanding service in one or more of the following categories: (a) Maintained involvement in a leadership role in civic organizations that are devoted to community improvement. (b) Provided assistance to the underprivileged, economically disadvantaged or physically and/or mentally handicapped. (c) Actively promoted and directed community events and activities that have clearly added to the enrichment of the quality and quantity of cultural life within the community. (d) Actively promoted and implemented effective programs and activities within the community for the Town’s youth. (e) Actively promoted and implemented effective programs and activities within the community for the Town’s senior citizens. (f) Assumed an active leadership role in developing and implementing programs directed to the improvement of the visual aesthetic appearance of the community at the commercial, public or residential level. (g) Assumed an active leadership role in developing programs and Facilities directed toward the improvement of community social and health needs as well as programs directed toward humanitarian purposes. B. Additional Criteria Applicable to Streets. In considering the renaming or naming of a Street, the Town Council shall consider the following: (1) Street names, plats, specific sites and places and natural features indicated on general usage maps for 50 years or more (age criteria applied by the National Register of Historic Places) should be changed only under exceptional circumstances. Street names shall not be similar in spelling or pronunciation to a presently-existing major collector or arterial road in the Phoenix Metropolitan area. No Street shall be named by number only according to the street numbering grid (i.e. 150th Street) unless the Street follows a straight north-south alignment. (2) Attention should be paid to maintaining sequential, numerical and alphabetical naming patterns when considering any Street name changes or additions. All Streets shall be named and numbered consistently with the County-wide street numbering system and no such name or change of name shall take effect until (a) the affected public safety agencies have been notified and (b) all impacted public safety dispatch maps have 2189798.32189798.4 15 been amended. Any extensions of presently-existing Streets within or into the Town shall bear the same name as the existing roadway. No Street name shall contain a homonym. (3) New Streets shall be named according to the following guidelines: (a) In most cases, the Street name will be proposed by the property owner, reviewed by the Town staff and approved by the Town Council as part of its consideration of a final plat for a development within the Town. (b) If an unnamed private Street is dedicated to the Town, the name may be suggested by the property owners thereon, but the Town Council shall make the final determination. (4) No Street shall be renamed unless: (a) The new Street name is not one already well-known in the Phoenix metropolitan area. (b) There are no (or very few) buildings or other addressed Facilities presently existing along the Street. (c) The new Street name will not be confused with other existing Streets in the Town. (d) The new Street name shall not be the same as a specific living person within the Phoenix Metropolitan area. C. Historical Reference. Changes of names for Facilities or Streets should be approved only when they do not violate historical or common usage names. Facilities and Streets may be named after research reveals that the area around the Facility or Street has been commonly, yet unofficially, named by the residents in the area. D. Donor Naming. Facilities and Streets may be permanently named for an individual (alive or deceased), organization, or business if that individual, organization or business has made a donation of money, land or other goods and/or services to the Town equal to at least half the full cost of the Facility or Street, either for purposes of developing a particular Facility or Street or for the Town’s Capital Fund. Such arrangements will be called “Permanent Naming.” Permanent Naming proposals that are not in accordance with Section 4 of this Policy shall not be considered. Document comparison by Workshare Compare on Thursday, December 08, 2016 10:59:13 AM Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/2189798/3 Description #2189798v3<Phoenix> - POLICY - Municipal Sponsorship and Naming Rights Amended & Restated 8.7.14 v3 (AJM 8.8.14 - includes Council changes) Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/2189798/4 Description #2189798v4<Phoenix> - POLICY - Municipal Sponsorship and Naming Rights Amended & Restated 12.15.16 v4 (AJM 12.6.16) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 53 Deletions 26 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 81 2830989.1 RESOLUTION 2016-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY, AMENDED AND RESTATED DECEMBER 15, 2016. 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 Fountain Hills to establish a formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with persons or entities for municipal sponsorships, co-sponsorships, sole sponsorships and marketing arrangements (including facility naming rights); and WHEREAS, the Town Council approved Resolution No. 2014-36 on August 7, 2014, adopting the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy (the “Existing Naming Policy”); and WHEREAS, the Town Council desires to amend and restate the Existing Naming Policy to amend the procedures for special event fee waivers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy, Amended and Restated December 15, 2016, is hereby adopted in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution or any part of the policy adopted herein by reference is for any reason to be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 2830989.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney 2830989.1 EXHIBIT A TO RESOLUTION 2016-38 [Municipal Sponsorship and Naming Rights Policy, Amended and Restated December 15, 2016] See following pages. 2189798.4 TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY Amended and Restated December 15, 2016 1. Purpose. To establish for the Town of Fountain Hills, Arizona (the “Town”) a formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with, persons or entities for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships and Marketing Arrangements, (including Facility Naming Rights), the following Municipal Sponsorships and Naming Rights Policy (this “Policy”) is hereby adopted by the Mayor and Council of the Town (the “Town Council”). This Policy is intended to set forth the process for the Town to participate in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement programs to give valuable support to important Town programs, facilities and services for public benefit by (i) providing funding for Town events from private businesses and (ii) allowing the Town to partner with activities provided by outside entities. In doing so, the Town must ensure its actions are consistent and appropriate to the Town’s vision, mission and values. This Policy is not intended to apply to Bequests or Donations (each as defined below). This Policy shall: A. Establish Procedures. Establish consistent procedures and practices for receipt or solicitation of Municipal Sponsorships (as defined below), Co-Sponsorships (as defined below), Sole Sponsorships (as defined below) and Marketing Arrangements (as defined below) by Town staff. B. Encourage Sponsorships. Encourage solicitation of Municipal Sponsorship opportunities such as Facility Naming Rights, Sole Sponsorships, Co-Sponsorships, Marketing Arrangements and similar agreements that generate revenue (financial or in-kind) in support of existing and new Town facilities, projects, programs or services. C. Encourage Partnerships. Develop public/private alliances to provide programs, events, venues and services within the Town. D. Encourage Staff Innovation. Empower Town departments to seek Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement opportunities to provide funds for programs, events, venues or services they might not otherwise be able to provide to Town residents and visitors. E. Safeguard Town Interests and Goals. Ensure that Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities (1) safeguard the Town’s assets and interests, (2) support the Town’s goals of service to the community and (3) remain responsive to the public’s needs and values. F. Establish Naming Framework. Provide a framework within which requests to name public facilities are considered and evaluated. 2189798.4 2 2. Scope. This Policy shall govern all Town departments regarding the solicitation of, and the unsolicited offers/requests from third parties related to, Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships and Marketing Arrangements for Town programs, projects, events, venues, facilities and services. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement solicitations shall be in furtherance of the Town’s needs and conducted in accordance with the provisions in this Policy. All Town staff responsible for, or otherwise involved in, Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities on behalf of the Town or their respective departments shall adhere to the policies, procedures and guidelines set forth herein. A. Third Party Solicitation. Subject to the conditions of this Policy, Town staff may solicit or respond to solicitations from third parties for such Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements for the Town. B. Fair Compensation. At all times, recognition for Municipal Sponsorships or Marketing Arrangements must be evaluated to ensure the Town is receiving fair and competitive compensation and that such recognition is consistent with the scale of each Sponsor or Marketing Arrangement’s contribution. C. Outside the Scope of this Policy. This Policy shall not apply to: (1) Funding obtained through formal grant programs or through intergovernmental agreements with other political subdivisions of the State. (2) Town support of external projects where the Town provides funds to an outside organization (examples include, but are not limited to, grants to Nonprofit Organizations). (3) Gifts, Bequests, or unsolicited Donations to a Town department or the Town where no reciprocal commercial benefit is given or expected and no business relationship exists. 3. Definitions. Bequest. A gift or contribution of cash, goods or services given voluntarily and expressed in writing through a will or other testamentary document. Co-Sponsorship. Participation by the Town (via direct funding, waived fees, staff coordination or technical assistance) in an event that is provided by an outside entity and that is closely aligned with or furthers a core Town program or service. Donation. A gift or contribution of cash, goods or services given voluntarily toward an event, project, program or corporate asset where no reciprocal commercial benefit is given or expected. If reciprocal commercial benefits are given or a business relationship exists with a corporate donor, the contribution will be a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement, as applicable, and the principles of this Policy will apply. 2189798.4 3 Facility Naming Rights. The naming of Town-owned and/or operated buildings, structures, natural features and recreational facilities, whether in whole or portions thereof (hereafter referred to individually as a “Facility” or collectively as “Facilities”), and streets, roads or any public rights-of-way (hereafter referred to individually as a “Street” or collectively as the “Streets”) within the corporate limits of the Town. Portions of a Facility may have names other than that of the entire Facility and features may be dedicated to or in honor of a person such as “Smith Beach” or “Jones’ Amphitheater,” subject to the provisions of this Policy. In-Kind Contribution. A contribution received in the form of goods and/or services rather than cash as part of a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement. Marketing Arrangement. A mutually beneficial business arrangement between the Town and a third party, wherein the third party provides cash and/or in-kind services to the Town in return for access to the commercial marketing potential associated with the Town. Marketing Arrangements may include Municipal Sponsorship or Sole Sponsorship of one or more of the Town’s programs, projects, events, Facilities or activities. Municipal Sponsorship. A business relationship in which the Town and another entity exchange things of value, including a public display of support. This value can be financial, in- kind or benefits related to visibility/exposures, publicity or market reach. It should not be confused with Donations (as defined above), the sale of advertising or innovative approaches to purchasing goods or services. Municipal Sponsorships include funds, products or services provided by a company or individual to the Town, in consideration of the opportunity for the company or individual to promote its name, product or service in conjunction with a Town program, project, event, venue or activity. Nonprofit Organizations. Organizations designated as tax-exempt under the Federal Tax Code. Sister Agency. Local government entities that are traditional partners with the Town (i.e. Fountain Hills Unified School District and Fountain Hills Sanitary District). Request for Proposals (“RFP”). An open and competitive process whereby the Town invites companies, subsidiaries or individuals to express their interest in participating, and submit proposals to participate, in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities with the Town. Sole Sponsorship. A business relationship in which a company, subsidiary or individual has paid to be the only Sponsor of a Town program, project, event, venue or activity. Sponsor. A company or individual that provides the Town with a Municipal Sponsorship and that enters into a Municipal Sponsorship agreement with the Town to promote itself and/or its products or services. 2189798.4 4 Standards of Responsibility. The requisite standards to enter into a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement with the Town. Factors to be considered in determining whether the standards have been met include, but are not limited to, whether a prospective Sponsor: (i) has available (or the ability to obtain) the appropriate financial, material, equipment, Facility, personnel resources and expertise necessary to indicate its capability to meet all contractual requirements; (ii) is able to comply with required or proposed delivery or performance scheduling; (iii) has a satisfactory record of performance; (iv) has a satisfactory record of integrity and business ethics; and (v) is qualified legally to contract with the Town. 4. Restrictions. In general, the following industries and products are not eligible for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements, including Facility Naming Rights, with the Town, but the Town may elect to enter into Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements with these restricted industries or products when it is deemed appropriate by the Town Council acting in its sole discretion. A. Prohibited or Restricted Products. A company, subsidiary and association with products or services that are prohibited or restricted by Town Code or other governing laws and policies. B. Adult Products. A company or subsidiary whose business is substantially derived from the sale or manufacture of tobacco products, products prohibited under federal law or sexual/adult-oriented products. C. Alcohol Sponsor at Youth-Related Events. Alcoholic beverages when the intended audience of or participants in the Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement are youth under the legal drinking age. D. Parties not Deemed Responsible. Parties that are not deemed responsible under the Standards of Responsibility. E. Parties to Litigation. Parties involved in a lawsuit with the Town. F. Separate Contracts. Parties involved in any stage of negotiations for a Town contract unless the contract is directly linked to a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity. G. Conflicts of Interest. Individuals or commercial enterprises having past, present or pending business agreements or associations with the Town, if a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreement would create an appearance of impropriety. H. Pending Land-Use Approval. Parties with an active case for any land-use approval before the Town. 2189798.4 5 I. Religious or Political Entities. Religious or political associations or candidates running for any political office. 5. Roles and Responsibilities. A. Responsibilities of Town Departments. (1) Initiating Town Department. The initiating Town department shall (a) ensure adherence to the principles and guidelines outlined in this Policy, (b) prepare a proposal setting forth the scope of the program or project as provided in Subsection 6(A) below and (c) work with the Town Finance Division to ensure appropriate budgeting of revenues and expenditures and with the Town Attorney’s Office to ensure the integrity of the procurement process and the legal sufficiency of contractual obligations. (2) Finance and Budget. The Finance Division shall provide general guidance, cost/benefit analysis, and direction relating to the appropriate budgeting of revenues and expenditures in a manner that maximizes the benefits of each Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights arrangement for the initiating Town department, the Town and the Sponsor. (3) Procurement. When applicable, the Town Manager or authorized designee shall oversee the preparation of the RFP or other competitive solicitation for Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights opportunities. (4) Town Attorney. The Town Attorney’s Office shall provide legal review of any RFP or other competitive solicitation for Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights opportunities and oversee the preparation of all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights agreements. (5) Town Manager. The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities, including interim reports provided from time to time by Town departments. The Town Manager also shall be responsible for determining the frequency of reports by Town departments. 6. Procedures. The Town’s participation in Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship, Marketing Arrangement and/or Facility Naming Rights activities shall be according to the procedures set forth below. For Municipal Sponsorships, Co- Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights arrangements initiated by the Town, Subsections 6(A) – (G) shall apply; for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights arrangements initiated by another person or entity, Subsections 6(B), (D), (E), (F) and (G) shall apply. 2189798.4 6 A. Prepare a Proposal. A Town department considering a potential Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights arrangement shall prepare a proposal setting forth the scope of the program or project, including a description of the community benefit, financial goals, means of recognition, potential interested Sponsors, and general marketing strategy if a Marketing Arrangement is involved. The proposal shall be submitted to the Department Director for review and approval. If Facility Naming Rights are involved and will result in a name change to an existing Facility, the history and legacy of the current municipal Facility should be considered and/or incorporated within the new proposed name. All Facility or Street naming shall be in accordance with the additional procedures set forth in Sections 8 and 9 below. B. Estimate Value. If the proposed Municipal Sponsorship or Marketing Arrangement includes Facility Naming Rights or granting Sole Sponsorship, the Department Director shall provide a reasonable basis for determining the value of the Municipal Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity. At the Town Manager’s discretion, a qualified third party may be used to establish value. C. Develop and Implement Solicitation. The applicable Town department, working with the Town Attorney, shall develop an RFP for each Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunity valued greater than $10,000 and all Facility Naming Rights opportunities and the most beneficial, qualified response shall be submitted to Town Council with a recommendation for approval. Town-originated Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangements valued at $10,000 or below and revenue producing or “no-cost” Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities that involve the provision of commodities or services provided either to the Town or the Fountain Hills community in support of Town operations, functions or programs through which the provider will benefit monetarily, must be awarded using a competitive process that is appropriate to the value, complexity and profile of the business opportunity. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement proposals forwarded to the Town are not subject to competitive solicitations if the proposed Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity is determined through a good faith effort to be unique and without interested competitors. D. Evaluate Submissions. The applicable Town department shall review and analyze all responsive submittals received and shall provide a recommendation of approval or denial to the Town Manager. The submittals shall be reviewed against selection criteria that may include, but are not limited to: (1) Consistency of the prospective entity’s products, customers and promotional goals with the Town’s character, values and service priorities, including the most recently adopted Town Council goals. (2) The ability for the Town to retain its identity as owner/operator of the Facility or principal provider of the service. 2189798.4 7 (3) The prospective entity’s historical participation and association with community projects, events and continued willingness to participate. (4) The operating and maintenance costs to the Town associated with the proposed sponsorship. (5) Anticipated public perception of the association with the Town and the prospective entity and community support for, or objection to, the prospective entity. (6) The prospective entity’s regard for and demonstrated success in valuing diversity. (7) The prospective entity’s regard for and demonstrated success in environmental stewardship. E. Develop Agreement. In the event a Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights proposal is recommended for approval, the Town department will work with the Town Attorney’s Office to prepare an agreement consistent with all applicable Town Codes, policies and ordinances. The agreement shall contain a provision granting the Town the right to suspend or terminate the Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights agreement if, in the sole discretion of the Town Manager or the Town Council (whichever approved the agreement), the continued arrangement would no longer satisfy the selection criteria by which the arrangement was initially approved. F. Manager Review; Council Approval. The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement proposals and shall submit to the Town Council for approval all Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements (1) with an aggregate value greater than $50,000, (2) involving Town contributions, whether in cash or as an In-Kind Contribution greater than $50,000, (3) involving a request to close public access to a Town- owned facility for more than one day, (4) involving events lasting longer than one week (including set-up and take-down) and (5) all agreements involving Facility Naming Rights. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements not identified in clauses (F)(1)-(5) above may be approved by the Town Manager. G. Record Financial Transaction. In the event a Municipal Sponsorship is received as an In-Kind Contribution of goods or services, the Finance Division shall create and retain a record of that donation and any associated revenue or expense to the Town to document the financial transaction to the Town. 7. Co-Sponsorship Requests. The Town actively supports the efforts of organizations, other governmental agencies and Sister Agencies whose events are (i) held in Town parks and Facilities and (ii) further Town core program goals and services. Such support may include fee waivers, reduced fees, reduced rental charges and Co-Sponsorship. All permit fee waivers and reductions, reduced Facility rentals and Co-Sponsorship agreements must comply with the guidelines and procedures set forth below. 2189798.4 8 A. Fees. The Town charges everyone a fee to permit and have priority use of any park, amenity, stage or recreation Facility. This fee is to cover extra operational expenses associated with the use or event and to guarantee the space for the permittee. Fees are based upon the purpose and size of the event. Additional fees are charged as set forth in the Town’s fee schedule. B. General Requirements for Reduced Fees. The determination as to fee reductions shall be made by the Town Manager or the Town Council, with the authority for such review determined according to the limitations set forth in Subsection 6(F) above. Fees for specific groups may be reduced as set forth in Subsections 7(C) - (F) below. All requests for reduced fees shall be evaluated with the following considerations: (1) The impact on Town staff time. (2) The impact on Town volunteer resources. (3) The number of events submitted per organization or promoter. (4) The dollar value of the fee reduction. (5) The organization or promoter’s performance with prior events, including financial reports and event outcomes. The Town may also consider the organization or promoter’s overall good standing within the community. C. Reduced Fees for Nonprofit Organizations. Events sponsored and sanctioned by Nonprofit Organizations (as opposed to simply partnering or associating with a Nonprofit Organization) may be eligible for reduced or waived fees. Nonprofit Organizations applying for a Town permit or Facility rental may be granted a reduction in fees if the following criteria are met: (1) At the time of the request for reduced fees, the Nonprofit Organization provides a copy of the determination letter from the IRS granting the Nonprofit Organization tax-exempt status. (2) The mission of the Nonprofit Organization does not conflict with the Town’s regulations, mission or policies. (3) The majority of event proceeds distributed by the organizer will be distributed to entities within the Town of Fountain Hills. (4) The proposed event is unique and distinct, with the potential to bring positive publicity to the Town. (5) All necessary applications and related materials have been provided to the Town for required permits. 2189798.4 9 (6) The Nonprofit Organization permit-holder must remain responsible for damage fees and other costs, including, but not limited to, general liability insurance, police coverage, player/team fees, electrical fees, lights, overnight security, concessions, toilet/trash service agreements, fencing and any other additional needs and agreements pertaining to the event. Damage deposits are never waived for events conducted by organizations from outside of Fountain Hills. Events at the Desert Vista Skate Park require an additional damage deposit in addition to the regular park permit procedure. (7) Except for Municipal Sponsorship Agreements, any fee reductions for athletic field permits should be limited to youth tournaments and events only. Youth programs must be based in Fountain Hills and primarily serve Fountain Hills residents. The permit-holder is responsible for the damage deposit and any athletic field light fees. In addition to the requirements set forth above, the following will receive favorable consideration and are highly preferred: (1) Expected attendance of more than 500. (2) Events that are free and open to the public or for which Fountain Hills residents are provided discounts or priority pricing. (3) Innovative regional marketing. (4) Events that generate overnight stays in Fountain Hills. (5) The Nonprofit Organization is based in Fountain Hills. D. Reduced Fees for Commercial or Private Promoter Events. If the organizing body is a commercial, private, or other for-profit venture, the following criteria will be used to evaluate a potential fee waiver. Please note: the criteria below are intended to be minimum, but not complete, standards for the Town to consider a fee waiver; only events that meet or exceed the following minimums will be considered: (1) Events that provide national, regional or state-wide exposure for the Town and draw participants from those locations. (2) Events with expected attendance of 2,000 or more. (3) Events that are unique and distinct, with the potential to bring positive publicity to the Town. (4) Events that have a definable and measurable benefit to the Town including, but not limited to, marketing exposure, sales tax revenue and overnight stays. (5) The event/program should be open to the public. 2189798.4 10 (6) The event/program should support the Town’s core recreation programs, mission and goals. (7) The event/program should demonstrate community pride and involvement. (8) The event/program should not have a religious or political purpose. (9) Priority should be given to events/programs that support or positively impact youth. (10) The sponsoring organization should clearly recognize the Town as a co-sponsor (including logo) on all materials and announcements associated with the event or program, subject to the Town’s prior, written approval of the use of the Town logo or trademarks. The Town may display its banners at all co-sponsored events. E. Reduced Fees for New Events. Fountain Hills is an event-friendly destination; as such, the Town solicits and supports new event opportunities. The Town looks to nurture events that have long term potential for creating a positive impact for both the event organizers and Fountain Hills. First time events often face financial difficulties with startup costs and other initial expenses, and the Town recognizes the value of helping an event find its footing. The Town has developed a tiered system for all event organizers requesting in-kind support for new events. It is the expectation that events become self-supporting after this three year support cycle. (1) Year One: if approved, first year events may receive a fee waiver of up to 100% of Town costs. (2) Year Two: if approved, second year events may receive a fee waiver of up to 50% of Town costs. (3) Year Three: if approved, third year events may receive a fee waiver of up to 25% of Town costs. All applicants will be required to submit: (i) a detailed description of the event; (ii) a pre-event schedule, budget and marketing plan; and (iii) a detailed description of the fees requested to be waived, in-kind contributions to be made by the Town or accommodations to be made by the Town or others. Following the event, recipients are required to submit a post-event financial assessment. Events will not be automatically “renewed” for subsequent years; an application must be submitted for annual review and approval. Fee waiver decisions will be made by the person/entity designated in Subsection 6(F) above. F. Legacy Events. Fountain Hills hosts several events annually that are recognized as pillars in the Fountain Hills Special Event Calendar. These events have long standing reputations in our community and have established an event foundation for residents and guests alike. Due to their long track records of success, these events will have the privilege of operating under the guidelines listed below. “Legacy” status is based upon continuous, 2189798.4 11 consistent operation by the same entity or organization. If any established “Legacy Event” changes dates, format, impact area, organizer, or other significant component, Legacy status will be suspended until a review of the special event can be completed by the Special Event Committee and the Town Manager. Legacy status may also be forfeited. (1) Rental fees for Town property will be waived for Legacy Events, however all permits, rental costs, and other incurred fees must be paid by the organizer. (2) Legacy Events will still be required to follow all Town Code guidelines for Special Events, including permits, deadlines, traffic control requirements, security, alcohol service, etc. Participating vendors will be required to abide by Fountain Hills Business License requirements. Proceeds from Legacy Events must remain with or be distributed to entities within Fountain Hills. (3) Identified Legacy Events are: Fountain Festival: Organized by the Fountain Hills Chamber of Commerce; held annually on the second full weekend of November; Thursday- Sunday format. The Great Fair: Organized by the Fountain Hills Chamber of Commerce; held annually on the last full weekend of February; Thursday- Sunday format. Oktoberfest: Organized by Fountain Events, Inc.; held annually on the last weekend of September; Friday and Saturday evening format. St. Patrick’s Day Celebration: Organized by Fountain Events, Inc.; held annually on the Sunday before March 17. G. Requests for Co-Sponsorship of Other Governments and Sister Agencies. (1) If another governmental entity or Sister Agency (i.e. Fountain Hills Unified School District or Fountain Hills Sanitary District) is only a supporting sponsor for another outside organization, that other outside organization still must apply for Town Co-Sponsorship. (2) If another governmental entity or Sister Agency is the primary organizer for a public program or event, generally the Town will grant a request to be a co-sponsor. Like sponsorship of outside organizations, the governmental entity or Sister Agency still is responsible for all other costs associated with the program or event. (3) The governmental entity or Sister Agency holding the program or event must clearly acknowledge the Town as a co-sponsor on all written materials associated with the event, subject to the Town’s prior, written approval of any use of the Town logo or trademarks. 2189798.4 12 8. Facility Naming General Policies. A. Recommendations to Other Bodies. This Policy should be followed in reviewing or preparing the Town’s official comments or recommendations to State, Federal, and/or intergovernmental boards taking actions regarding geographic names, naming or renaming of Facilities or Streets. B. Town Request; Town Council Consideration. The Mayor, three members of the Town Council, or the Town Manager may request the naming or renaming of a Facility or a Street. Thereafter, the Town Council shall discuss the requested renaming at a public meeting. C. Bond-Financed Facilities or Streets. If a bond-financed Facility or Street is proposed or requested to be named or renamed, bond counsel must review and approve the request or proposal before consideration at a Town Council meeting. D. Public Notice. The Town Council shall provide appropriate public notice of any Street or Facility naming actions in conjunction with other agenda items for regularly- scheduled meetings. E. Changes to Approved Names. Once a name has been officially approved by the Town Council, changes should be strongly resisted. F. Town Council Discretion. In all cases, the Town Council reserves the right to accept or reject any proposal to name or rename a Street or Facility, in its sole discretion. G. Town Manager Duties. The Town Manager, upon approval of the naming or renaming action by the Town Council, shall implement names or name changes of Facilities or Streets. The Town Manager shall notify those who have submitted the suggestion as well as other appropriate offices and agencies. Upon Town Council denial of a name or name change, the Town Manager shall notify those who requested the name change. 9. Facility Naming Criteria. A. For Facilities and Streets Generally. Recognizing that the naming or renaming of a Facility or Street should be approached cautiously with forethought and deliberation, the following criteria are hereby established: (1) To avoid duplication, confusing similarity or inappropriateness, the Town Council, in considering name suggestions, shall review existing Facility and/or Street names, as applicable. (2) In naming Facilities and Streets, consideration shall be given to geographic location, historical or cultural significance and natural or geological features. In the construction of a Facility, the address designation shall be used until the formal naming of the Facility. Whenever possible, naming shall be made prior to the completion of construction of a Facility or Street. 2189798.4 13 (3) Facilities and Streets may be named only for a deceased individual or individuals if (i) the individual or individuals has/have enhanced the quality of life within the Town and (ii) two years or more has elapsed between the consideration for naming and the time of death of the individual or, in the case of related individuals, two years after the death of one of the individuals. The deceased individual shall have performed outstanding service in one or more of the following categories: (a) Maintained involvement in a leadership role in civic organizations that are devoted to community improvement. (b) Provided assistance to the underprivileged, economically disadvantaged or physically and/or mentally handicapped. (c) Actively promoted and directed community events and activities that have clearly added to the enrichment of the quality and quantity of cultural life within the community. (d) Actively promoted and implemented effective programs and activities within the community for the Town’s youth. (e) Actively promoted and implemented effective programs and activities within the community for the Town’s senior citizens. (f) Assumed an active leadership role in developing and implementing programs directed to the improvement of the visual aesthetic appearance of the community at the commercial, public or residential level. (g) Assumed an active leadership role in developing programs and Facilities directed toward the improvement of community social and health needs as well as programs directed toward humanitarian purposes. B. Additional Criteria Applicable to Streets. In considering the renaming or naming of a Street, the Town Council shall consider the following: (1) Street names, plats, specific sites and places and natural features indicated on general usage maps for 50 years or more (age criteria applied by the National Register of Historic Places) should be changed only under exceptional circumstances. Street names shall not be similar in spelling or pronunciation to a presently-existing major collector or arterial road in the Phoenix Metropolitan area. No Street shall be named by number only according to the street numbering grid (i.e. 150th Street) unless the Street follows a straight north-south alignment. (2) Attention should be paid to maintaining sequential, numerical and alphabetical naming patterns when considering any Street name changes or additions. All Streets shall be named and numbered consistently with the County-wide street numbering system and no such name or change of name shall take effect until (a) the 2189798.4 14 affected public safety agencies have been notified and (b) all impacted public safety dispatch maps have been amended. Any extensions of presently-existing Streets within or into the Town shall bear the same name as the existing roadway. No Street name shall contain a homonym. (3) New Streets shall be named according to the following guidelines: (a) In most cases, the Street name will be proposed by the property owner, reviewed by the Town staff and approved by the Town Council as part of its consideration of a final plat for a development within the Town. (b) If an unnamed private Street is dedicated to the Town, the name may be suggested by the property owners thereon, but the Town Council shall make the final determination. (4) No Street shall be renamed unless: (a) The new Street name is not one already well-known in the Phoenix metropolitan area. (b) There are no (or very few) buildings or other addressed Facilities presently existing along the Street. (c) The new Street name will not be confused with other existing Streets in the Town. (d) The new Street name shall not be the same as a specific living person within the Phoenix Metropolitan area. C. Historical Reference. Changes of names for Facilities or Streets should be approved only when they do not violate historical or common usage names. Facilities and Streets may be named after research reveals that the area around the Facility or Street has been commonly, yet unofficially, named by the residents in the area. D. Donor Naming. Facilities and Streets may be permanently named for an individual (alive or deceased), organization, or business if that individual, organization or business has made a donation of money, land or other goods and/or services to the Town equal to at least half the full cost of the Facility or Street, either for purposes of developing a particular Facility or Street or for the Town’s Capital Fund. Such arrangements will be called “Permanent Naming.” Permanent Naming proposals that are not in accordance with Section 4 of this Policy shall not be considered. 2189798.4 15 dispatch maps have been amended. Any extensions of presently-existing Streets within or into the Town shall bear the same name as the existing roadway. No Street name shall contain a homonym. (3) New Streets shall be named according to the following guidelines: (a) In most cases, the Street name will be proposed by the property owner, reviewed by the Town staff and approved by the Town Council as part of its consideration of a final plat for a development within the Town. (b) If an unnamed private Street is dedicated to the Town, the name may be suggested by the property owners thereon, but the Town Council shall make the final determination. (4) No Street shall be renamed unless: (a) The new Street name is not one already well-known in the Phoenix metropolitan area. (b) There are no (or very few) buildings or other addressed Facilities presently existing along the Street. (c) The new Street name will not be confused with other existing Streets in the Town. (d) The new Street name shall not be the same as a specific living person within the Phoenix Metropolitan area. C. Historical Reference. Changes of names for Facilities or Streets should be approved only when they do not violate historical or common usage names. Facilities and Streets may be named after research reveals that the area around the Facility or Street has been commonly, yet unofficially, named by the residents in the area. D. Donor Naming. Facilities and Streets may be permanently named for an individual (alive or deceased), organization, or business if that individual, organization or business has made a donation of money, land or other goods and/or services to the Town equal to at least half the full cost of the Facility or Street, either for purposes of developing a particular Facility or Street or for the Town’s Capital Fund. Such arrangements will be called “Permanent Naming.” Permanent Naming proposals that are not in accordance with Section 4 of this Policy shall not be considered. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Craig Rudolphy,Finance Director,480-816-5162;crudolphy@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION OF budget tansfers in the amount of $34,665.51; $25,000 to the Vehicle Replacement Fund from General Government Contingency and $9,665.51 to Fountain Park, Operations from General Government Contingency. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):Town Council has previously approved the FY16-17 vehicle purchases.Due to an error in the preparation of a worksheet,sufficient funds were not budgeted in the Vehicle Replacement Fund to account for the approved expenditures.A transfer is necessary to to enable the payment for the vehicles. Also,expenditures forthe Fountain Park bollard lighting study and subsequent purchase of black bollardswere made after the Fountain Park Phase 6 project was closed.This transfer will reimburse the Community Services budget for these expenditures. Risk Analysis (options or alternatives with implications):Without these transfers, the appropriate fund will not have sufficeint budget authority to make payment of previously approved and incurred expenditures. Fiscal Impact (initial and ongoing costs;budget status):.$34,665.51 Budget Reference (page number): Funding Source:General Fund If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:No Recommendation(s)by Board(s)or Commission(s): Page 1 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 12/15/2016 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Grady Miller 480.816.5107 gmiller@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of APPOINTING one (1) citizen to serve on the Strategic Planning Advisory Commission to fill a vacated term which ends on June 30, 2017. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:Town Council Rules of Procedure 2014-9,Resolution 2009-09 SPAC By-laws Staff Summary (background):A vacancy was created due to the resignation of Commissioner Seimon. 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): List Attachment(s): SUGGESTED MOTION (for Council use):Move to APPOINT to serve on the Strategic Planning Advisory Commission for a term beginning on December 15,2016 and ending on June 30,2017. Page 1 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Fire Department Staff Contact Information:Dave Ott,Fire Chief,480-816-5280 Strategic Planning Goal:Not Applicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of the DESIGN CONCEPT SELECTION for the Fire Stateion #2 relocation project. Applicant:Town of Fountain Hills Fire Department Applicant Contact Information:Dave Ott, Fire Chief,480-816-5280 Owner:Town of Fountain Hills Owner Contact Information:NA Property Location:10650 N.Fountain Hills Blvd. Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):The new Fire Station #2 to be located on Fountain Hills Blvd.and Muskrat Lane was included in the FY2016-17 Capital Improvement Plan and will provide for decreased response times within the service area and help to even out the call for service distribution with Fire Station #1.The Town retained Hunt &Caraway Architects for the design ofthe fire station which is approximately 9,600 square feet and includes a public meeting area,MCSO field office, kitchen,training/day room, study,exercise room, six dorms forfire and EMS personnel,three apparatus bays and associated storage areas.The site will also include a shared access driveway with EPCOR. The Town has committed to designing a fire station that blends inwith the surrounding residential community. An open house was held in July of 2016 for the surrounding residents to reviewthe site layout,architectural renderings and to provideany feedback. Two homeowners inthe general vicinity ofthe firestation attended this open house and were ingeneral concurrence with the aesthetics ofthe firestation. Design has since progressed to the 30%stage and the residents inthe vicinity of the fire station were invited to a 2nd open house in November of 2016 to review three concepts related to the architecture and colors of the proposed fire station.Three residents attended the open hose,however,none lived inthe vicinity of the fire station. The general consensus was that all three concepts were acceptable and itshould be left upto the FireDepartment and Architect to choose the combination of architectural features that best blend in with the surrounding communitywhiletaking into consideration the cost and maintenance ofthe options. The presentation attached shows the three concepts presented at the November 29, 2016 open house as well as a fourth option combining the architectural elements and colors preferred bythe Fire Department and Architect. Page 1 of 2 New Fountain Hills Fire Station #2 Town Council Meeting December 15th, 2016 Town of Fountain Hills Paul Mood Fountain Hills Fire Department Fire Chief Dave Ott Hunt & Caraway Architects Tamara Caraway, Executive Vice President Jonathan Schmid RA FOUNTAIN HILLS FIRE STATION #2 . AERIAL MAP FOUNTAIN HILLS FIRE STATION #2 . PRELIMINARY SITE PLAN LEGEND FP FLAG POLE MS MONUMENT SIGN AG ACCESS GATE TE TRASH ENCLOSURE EG EMERGENCY GENERATOR PRELIMINARY SITE PLAN FOUNTAIN HILLS FIRE STATION #2 . PRELIMINARY LIGHTING PLAN LEGEND (DARK SKY COMPLIANT) A WALL MOUNTED LIGHT B BOLLARD LIGHT C FLAG POLE LIGHT FOUNTAIN HILLS FIRE STATION #2. PRELIMINARY FLOOR PLAN Project Information •9600 SF •3 Apparatus Bays •6 Personnel Dorms •Community Room •MCSO Office PRELIMINARY FLOOR PLAN FOUNTAIN HILLS FIRE STATION #2. CONCEPT 1 DESIGN CHARACTERISTICS: 1.TRADITIONAL COLOR PALETTE 2.STONE ACCENT 3.TERRA COTA TILE ROOF SYSTEM 4.EXPOSED TRUSSES AND TRUSS TAIL ACCENTS 5.FULL GLASS BAY DOORS 6.TRUSS ROOF DESIGN BACK ELEVATION FOUNTAIN HILLS FIRE STATION #2. RENDERINGS RENDERINGS BUILDING ENTRY FOUNTAIN HILLS FIRE STATION #2. RENDERINGS RENDERINGS FOUNTAIN HILLS FIRE STATION #2. CONCEPT 1 DESIGN CHARACTERISTICS: 1.TRADITIONAL COLOR PALETTE 2.STONE ACCENT 3.TERRA COTA TILE ROOF SYSTEM 4.EXPOSED TRUSSES AND TRUSS TAIL ACCENTS 5.FULL GLASS BAY DOORS 6.TRUSS ROOF DESIGN FOUNTAIN HILLS FIRE STATION #2. CONCEPT 2 DESIGN CHARACTERISTICS: 1.MODERN COLOR PALETTE 2.STONE ACCENT 3.GREEN TILE ROOF SYSTEM 4.EXPOSED TRUSSES TAIL ACCENTS 5.PARTIAL GLASS BAY DOORS 6.FLAT ROOF SYSTEM FOUNTAIN HILLS FIRE STATION #2. CONCEPT 3 DESIGN CHARACTERISTICS: 1.CONTEMPORARY COLOR PALETTE 2.TILE ACCENT 3.GREY SLATE ROOF SYSTEM 4.EXPOSED TRUSSES AND TRUSS TAIL ACCENTS 5.FULL GLASS BAY DOORS 6.TRUSS ROOF DESIGN FOUNTAIN HILLS FIRE STATION #2. CONCEPT 4 DESIGN CHARACTERISTICS: 1.TRADITIONAL COLOR PALETTE 2.STONE ACCENT 3.TERRA COTA TILE ROOF SYSTEM 4.EXPOSED TRUSSES AND TRUSS TAIL ACCENTS 5.PARTIAL GLASS BAY DOORS 6.TRUSS ROOF DESIGN New Fountain Hills Fire Station #2 Public Design Meeting November 29th, 2016 Questions/Input? TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 MeetingType:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Grady E.Miller,Town Manager on behalf of the Strategic Planning Advisory Commission Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Consideration of the Draft 2016 Fountain Hills Strategic Plan including suggestedchangespriorto final adoptionat a futureCouncilmeeting. Applicant:N/A Applicant Contact Information:N/A Owner:Strategic Planning Advisory Commission Owner Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:Strategic Plan Staff Summary (background): The Strategic Planning AdvisoryCommission (SPAC) has drafted the 2016 Fountain Hills Strategic Plan for consideration by the Mayor and Council.The Town of Fountain Hills utilizes the strategic plan to provide guidance and impacts a varietyoftown activities including policy recommendations,town operations,and even capital improvement projects.A tremendous amount of work went into coordinating the planning effortfor the strategic plan. Prior to drafting the strategic plan, SPAC members worked closely with the Fountain Hills Cultural and Civic Association on a communitysurvey and the Vision Fountain Hills community event that took place last May. The strategic priorities contained inthe new plan were the direct result of the Vision Fountain Hillsvisioning process that included more than one hundred residents participating in the program.The Strategic Planning Advisory Commission also conducted a SWOT Analysis of the previous 2010 Strategic Plan and determined which objectives were still relevant in 2016. This coupled with the strategic priorities from the 2016 Vision Fountain Hills process form the basis of the draft 2016 Fountain Hills Strategic Plan. The draft 2016 Fountain Hills Strategic Plan contains a number of actions and performance measures tied to the following strategic priorities: -Economic Development -Town Infrastructure -Attract Families and Working Professionals -Financial Stability and Sustainability -Community/Quality of Life/Schools Page 1 of 3 Town of Fountain Hills Strategic Planning Advisory Commission Fountain Hills will be a distinctive community designed to ensure long term economic sustainability and anchor its vitality with an active and vibrant town core that serves to invigorate a cultural, social and economical quality of life. To enhance and maintain property values. »Preserve the health, well-being and safety of all our residents and visitors. »Champion the diversity of experiences our residents bring to our community and rely on this depth of experience to innovatively address our challenges and continually improve our community. »Take responsibility for our Town’s success by building partnerships and investing in our talent and resources. »Steward this unique enclave, dedicated to preserving the environment and visual aesthetic and to living in balance with the Sonoran Desert. »Encourage a stronger community that will meet the needs of a growing, balanced demographic. »Where are we now »What do we want to be »How do we get there »Strategic Planning Advisory Commission »Vision Fountain Hills »Economic Development »Town Infrastructure »Attract Families and Working Professionals »Financial Stability and Sustainability »Community / Quality of Life Action Items (24) Action items are specific tasks that the Town needs to take in order to meet their Strategic Outcomes. Strategic Outcomes/Results (22) Strategic Outcomes are the Results of action items that are monitored by data that help determine whether the town is moving the needle toward reaching the community’s Strategic Outcomes. Action Items »Develop a Fountain Hills Brand / Vision / Marketing Plan. »Develop a Local Business Resource Package. »Develop a Business Accelerator Program. »Rezone undeveloped commercial property to residential where feasible. »Expand local destination events. Results 1.Sales tax revenue per household meets or exceeds regional average. 2.Workers' compensation data reflects increased income for Fountain Hills based employees. 3.Unemployment reports reflect improved local employment for Fountain Hills residents. 4.Home values meet or exceed comparable communities median values. Action Items »Develop and Implement an investment plan to bring streets, buildings, and parks up to established standards. »Commission study to identify gap between actual and subdivision ordinance specifications and determine cost of meeting ordinance specifications. »Rezone unplatted land for greater density and affordable family homes. »Provide environmental infrastructures (car charging stations, etc.) Results 1.Town emergency reserves meet or exceed Maricopa County average. 2.Roads and streets meet or exceed defined maintenance standards. 3.Town owned buildings and grounds meet or exceed defined maintenance standards. 4.Community infrastructure meets or exceeds environmental standards. 5.Park facilities meet or exceed regional standards. Action Items »Work with state land to increase residential density. »Collaborate with businesses in promoting marketing plan. »Expand Social Media and On-Line Messages. »Include family branding in marketing plan. »Organize a Young Professional Group. »Organize specialty youth camps (robotics, coding, arts, etc.) »Support youth club sports. Results 1.Business and industry are supported by an appropriately skilled and available workforce. 2.Resident age distribution meets or exceeds 2 standard deviations from the mean. 3.Local student outcomes meet or exceed state standards. 4.Biannual community survey results score 4 or 5 (on a scale of 1 to 5) for at least 80% of those surveyed. Action Items »Adequately fund all identified reserve funds. »Increase revenues to meet community needs including projected operating shortfall. »Identify revenue options. Results 1.Town bond rating meets or exceeds AA status 2.Town emergency reserves meet or exceed Maricopa County average. 3.Community infrastructure meets or exceeds environmental standards. 4.Town government, staffing levels and staff retention rate adequately support community services and action items defined in the strategic plan. Action Items »Explore Selling/Leasing Unused Properties. »Increase community efforts to lobby for municipal issues. »Include local school strengths in marketing plan. »Utilize effective volunteer skills and talents. »Work with FHUSD to maximize their property values. Results 1.Develop and administer a marketing plan that includes specific measurable outcomes as identified in the strategic plan. 2.Home values meet or exceed Scottsdale Area Association of Realtors (SAAR) mean values. 3.Crime rates meet or exceed regional statistics. 4.Emergency services meet or exceed response time standards. 5.Parks and recreation activities meet or exceed regional standards. 2016 - 2020 »Council Approval »Implementation »SPAC Monitoring & Modifying »Community Monitoring & Modifying Action Items Results Fountain Hills will be a distinctive community designed to ensure long term economic sustainability and anchor its vitality with an active and vibrant town core that serves to invigorate a cultural, social and economical quality of life. Communications Plan The Communications Plan for the 2016 Fountain Hills Strategic Plan is designed to empower The Town of Fountain Hills Strategic Planning Advisory Commission (SPAC) Commissioners, Town staff members and Town Council members to ensure that efforts to complete the Strategic Plan continue over the five- year scope regardless of position appointment changes, elections, staff changes, etc. We will communicate progress and status of the Plan’s goals, milestones, and initiatives, on a regular basis in clear, easy-to-understand language and easily accessible methods. Our commitment to communication is intended to ensure transparency and accountability for the goals and initiatives within the plan, as well as to help in identifying possible course corrections, as we analyze where efforts are being taken and document results or lack thereof. Communicating the Strategic Plan The Fountain Hills Strategic Plan was developed and written for, and in collaboration with, the residents of Fountain Hills, the Town Council and Mayor, and the numerous local partner groups and civic organizations. Audience – Who is The Strategic Plan Written for?  Town Council and Mayor  Fountain Hills Residents  Our Local Partner Groups Modalities – How We Should Communicate the Strategic Plan  Word Document  PowerPoint  Executive Summary document  Online/web version - links to partner groups?  Mobile App – links to partner groups?  - Social media  - FH gov’t website  - FH Times  - Public forums What We Will Communicate Near term outcomes (Plan launch thru first 12 months) Long term outcomes (13 months – year 5) Metrics/milestones for monitoring and reporting How Will We Communicate? Presentation of Task/Milestone and Outcome updates regarding progress of the Strategic Plan should meet the following requirements:  Easy to read and understand at a short glance (dashboard)  Include an easy guide on how to read the status updates  Visually consistent between and among all Strategic Goals  Presentable in a variety of mediums such as online, published in hard copy, included in PowerPoint presentations  Should include detailed data behind the “Summary View’ so the viewer may choose to “drill down” into the details behind that summary view  Tasks/Milestones should be refreshed/updated as required by the milestone completion date.  Outcomes should be reported quarterly/semi-annually/annually  Possibility of a “grading system” to be considered by the Communication Workgroup. This system would include grading of milestones, as well as outcomes met toward each five-year goal. The Strategic Planning Advisory Commission recommends the Town present status updates in a variety of ways. Specifically, we suggest a mixture of traditional and online modalities that include:  Print Media - Fountain Hills Times  Electronically – Town web site, Town Facebook site, Town Mobile application, and other online channels  Directly – periodic Town Hall and other forums. FH Strategic Plan Vision: Fountain Hills will be a distinctive community designed to ensure long term economic sustainability and anchor its vitality with an active and vibrant town core that serves to invigorate a cultural, social and economical quality of life. Values: Preserve the health, well-being and safety of all our residents and visitors; Champion the diversity of experiences our residents bring to our community and rely on this depth of experience to innovatively address our challenges and continually improve our community; Take responsibility for our Town’s success by building partnerships and investing in our talent and resources; Steward this unique enclave, dedicated to preserving the environment and visual aesthetic and to living in balance with the Sonoran Desert. Encourage a stronger community that will meet the needs of a growing, balanced demographic. Strategic Priorities: Economic Growth Infrastructure Maintenance and Evolution Demographic Normalization Financial Stability and Sustainability Community 1/1/16 Economic Development Town Infrastructure Attract Families and Working Professionals Financial stability and Sustainability Community / Quality of Life / Schools Economic Development 1) X X X X 2) X X X X 3) X X X X 4) X X X X X Develop a Community Brand /Vision/Marketing Plan.X X X Develop a New Business Resource Package.X X Develop a Business Accelerator Program.X X Rezone undeveloped commercial property to residential where feasible.X X X X X Expand local destination events.X X X Home values meet or exceed Scottsdale Area Association of Realtors (SAAR) mean values. Unemployment reports reflect improved employment for Fountain Hills residents. Town of Fountain Hills 2016 Strategic Plan Strategic Outcome / Action Items Sales tax revenue per household meets or exceeds regional average. Workers' compensation data reflects increased income for Fountain Hills based employees. Town of Fountain Hills 2016 Strategic Plan Strategic Outcomes/Action Items Page 1 Economic Development Town Infrastructure Attract Families and Working Professionals Financial stability and Sustainability Community / Quality of Life / SchoolsStrategic Outcome / Action Items Town Infrastructure 1) X X X X X 2) X X X X X 3) X X X X X 4) X X X X X 5) X X X X X Develop and Implement an investment plan to bring streets, buildings, and parks up to established standards.X X X X X Commission study to identify gap between actual and subdivision ordinance specifications and determine cost of meeting ordinance specifications. X Rezone unplatted land for greater density and affordable family homes.X X X X X Provide environmental infrastructures (car charging stations, etc.)X X X X X Town emergency reserves meet or exceed Maricopa County average. Roads and streets meet or exceed defined maintenance standards. Town owned buildings and grounds meet or exceed defined maintenance standards. Community infrastructure meets or exceeds environmental standards. Park facilities meet or exceed regional standards. Town of Fountain Hills 2016 Strategic Plan Strategic Outcomes/Action Items Page 2 Economic Development Town Infrastructure Attract Families and Working Professionals Financial stability and Sustainability Community / Quality of Life / SchoolsStrategic Outcome / Action Items Attract Families and Working Professionals 1) X X X X 2) X X X X 3) X X X 4) X X X X Work with state land to increase residential density.X X X X X Collaborate with businesses in promoting marketing plan.X X X Expand Social Media and On-Line Messages.X X X Include family branding in marketing plan.X X X Organize a Young Professional Group.X X X X Organize specialty youth camps (robotics, coding, arts, etc.)X X X Support youth club sports.X X Business and industry are supported by an appropriately skilled and available workforce. Resident age distribution meets or exceeds 2 standard deviations from the mean. Local student outcomes meet or exceed state standards. Biannual community survey results score 4 or 5 (on a scale of 1 to 5) for at least 80% of those surveyed. Town of Fountain Hills 2016 Strategic Plan Strategic Outcomes/Action Items Page 3 Economic Development Town Infrastructure Attract Families and Working Professionals Financial stability and Sustainability Community / Quality of Life / SchoolsStrategic Outcome / Action Items Financial Stability and Sustainability 1) X X 2) X X X 3) X X X 4) X X X Adequately fund all identified reserve funds.X X X Increase revenues to meet community needs including projected operating shortfall.X X X Identify revenue options.X Community infrastructure meets or exceeds environmental standards. Town government, staffing levels and staff retention rate adequately support community services and action items defined in the strategic plan. Town emergency reserves meet or exceed Maricopa County average. Town bond rating meets or exceeds AA status. Town of Fountain Hills 2016 Strategic Plan Strategic Outcomes/Action Items Page 4 Economic Development Town Infrastructure Attract Families and Working Professionals Financial stability and Sustainability Community / Quality of Life / SchoolsStrategic Outcome / Action Items Community / Quality of Life 1) X X X X 2) X X X 3) X X X 4) X X X 5) X X X Explore Selling/Leasing Unused Properties.X X X X X Increase community efforts to lobby for municipal issues.X X Include local school strengths in marketing plan.X X X Utilize effective volunteer skills and talents.X X Work with FHUSD to maximize their property values.X X X Parks and recreation activities meet or exceed regional standards. Develop and administer a marketing plan that includes specific measurable outcomes as identified in the strategic plan. Home values meet or exceed Scottsdale Area Association of Realtors (SAAR) mean values. Crime rates meet or exceed regional statistics. Emergency services meet or exceed response time standards. Town of Fountain Hills 2016 Strategic Plan Strategic Outcomes/Action Items Page 5 Page 1 12/7/2016 DRAFT 2016 Fountain Hills Strategic Plan Mayor’s Message/Chair’s Message Abstract The overall plan is designed to empower every SPAC, town staff and council member to ensure that efforts to complete the Strategic Plan continue over the 5 years regardless of position changes, elections, etc. Introduction Purpose Vision Fountain Hills will be a distinctive community designed to ensure long term economic sustainability and anchor its vitality with an active and vibrant town core that serves to invigorate a cultural, social and economic quality of life. Values Preserve the health, well-being and safety of all our residents and visitors; Champion the diversity of experiences our residents bring to our community and rely on this depth of experience to innovatively address our challenges and continually improve our community; Take responsibility for our Town’s success by building partnerships and investing in our talent and resources; Steward this unique enclave, dedicated to preserving the environment and visual aesthetic and to living in balance with the Sonoran Desert. Encourage a stronger community that will meet the needs of a growing, balanced demographic. Page 2 12/7/2016 Mission Statement How the plan will be used Partnerships Core Responsibilities of the Town Administration Infrastructure Public Safety Parks and Recreation Communication Plan Status Updates Presentation of Task/Milestone and Outcomes updates regarding progress of the Strategic Plan should meet the following requirements:  Easy to read and understand at a short glance (dashboard)  Include an easy guide on how to read the status updates  Visually consistent between and among all Strategic Goals  Presentable in a variety of mediums such as online, published in hard copy, included in PowerPoint presentations  Should include detailed data behind the “Summary View’ so the viewer may choose to “drill down” into the details behind that summary view  Tasks/Milestones should be refreshed/updated as required by the milestone completion date.  Outcomes should be reported quarterly/semi-annually/Annually  Possibility of a “grading system” to be considered by the Communication Workgroup. This system would include grading of milestones, as well as outcomes met toward each five-year goal. Status Updates - Audiences  FH Times section  Online – web, FB, tweets  Mobile app  Town hall – annually, semi or quarterly? Page 3 12/7/2016 Strategic Priorities Economic Growth Floor space IT Infrastructure Location Employees Public transportation (?) Tax breaks, incentives (?) Volunteer organizations Part time residents (services/needs) view seasonal residents as benefit Resources for support: (organizations already meeting with range of talent)  Vision FH  Chamber of Commerce  Tourism/marketing effort  FH Economic Dev (Scott Cooper)  Realtors association  Kiwanis/Rotary/AMVets, etc  Yavapai Nation – Casino & We Ko Pa resort/conference center  Association of Mayors (is there one?)  Mens/womens clubs (?) Identify target business opportunities – products & services  Call Centers and/or remote office work facilities, web hosting  Camps & retreats (big in Prescott, Sedona)  Variety of medical needs continue – continue building more “senior” facilities - Concern about becoming Sun City “East”  Medical, and possible recreational marijuana sales/production  Auditorium mixed use facility similar to Highland Church (www.songkick.com) - Schools, community concerts, name entertainers, theater performances, etc Seek out private/public partnerships:  Peaks Athletic for “community pool”, YMCA, shuttle transportation  School programs, competitive training (triathlon)  Theater – town trying to sell facility (?)  Dinner theater options Page 4 12/7/2016  Adult education, partnerships with extended campus ASU, UA, tech & others  Negotiations with EVIT  Focus on specialty: Business, Music, Resource Conservation, Wildlife Management  Could FH become a 1st class destination in one of these areas – what would it take  Work with Hot Rod fabrication shop, body shops, bike shops (what else do we already make in FH) - Idea is to teach skills  Golf cart public transportation for local errand support (Scottsdale model, tips?) - Start part time, weekends, special events Review the Fountain Hills Visitors Guide  Does it match what expected  Improved, some disconnects, update .pdf not fully automated, Grab a Bite needs work  Improve/increase multimedia marketing efforts, social media, and “other AZ and Phoenix guides” Activities/events, some missed opportunities to grow revenue: food, t shirts, mugs, posters, pins, etc  Silver Car Auction – link up related or partnership events  Phills weekly car show -  The Concours  Tour de Scottsdale, Cyclo Mesa & other events transiting FH (Bikefest step in good direction)  Artists series at several Churches – could benefit from larger venue (Auditorium)  Several nearby lakes (day at the Lake activities), we reference the lakes, but how about a boat show…  McDowell Mt Park events, better coordination, they have multiday events Park Place is on the way, need to help reduce the negative comments and try to determine positive benefits to the community. There doesn’t appear to be a consolidated effort to fill the business space. Brokers Alliance is a prime example of how things “can” work, yet there are still challenges o first being affordable housing as stated by employees and potential new hires. o other challenge is finding the required IT savvy workforce locally to grow the companies Communications and Social Media, increased attention to the visitor guide & tourism with marketing. Scottsdale, Phoenix, Los Angeles provide most access to town site, followed by FH residents. Town working position description for full time equivalent be Public Info Officer. New business, Lai Mai Thai restaurant doing well by all reports (may be too small) and Dead Heat Brewery approved for location near Fry’s to open in December. Economic Growth (short term - long range) o brick & mortar o activities/events Page 5 12/7/2016 Develop a community brand o adventure center - natural environment o fine arts center  arts  music  theater o environmentally conscious Retain current business o showcase o business specific  financial  training  increased traffic Create comprehensive resources package o town, county, state… o consolidation effort and content currency Develop a business accelerator  financial incentives or services discounts Showcase successful businesses  marketing - visibility inside & outside community  linking on social media Re-development o impact of latest development projects on Ave of Fountains o town parking plan - vertical vs horizontal o town efficiency, use of solar and other energy saving actions Measurements of success  jobs created  capital investment  revenue generated Strategy, milestones (PERT/Gant), return on investment (dollars/benefits) hard/soft, measurable, Scott Cooper input on measurements  Jobs created  Capital invested  Revenue generated Infrastructure Maintenance and Evolution Terrain Page 6 12/7/2016 Technical Demographic Balance consider their needs such as the assisted living and medical support - but they also would like to have social events/activities where they can be entertained With that being said, here’s some input received about building the cultural environment to live and play for a 30 something group:  need for better child care options  recreation - wide variety from adult leagues to family oriented functions, typical sports to sand volleyball, kite flying, robot competition, drone flying competition, paint ball, battle zone, laser tag, CrackerJax on a smaller scale  socializing for young mothers - exercise with strollers like Mall walking (our daughter-in-law had a jogging stroller) might work around the fountain  entertainment - feedback from ballet was great performance, but mixed with little children and glow sticks was very distracting (we were at the HS football game and they had a special family carnival type event before the game - seemed well attended), nice comments about theater & youth theater  FH Village concept for living - separate apartments linked up with community center, dining area, etc Somewhat a professional dorm approach with privacy.  Access to public transportation, limited use of motor vehicles, rent cars like Zip, and even rent bikes  More purchases of hybrid or electric vehicles - look for charging stations near a Starbucks  Recycle and renewable energy continues to grow - Facebook last week, where do I take recyclables since our condo doesn’t do it  Trend toward living in smaller square footage  Live music ` there are a lot of bands, plus ASU has an outstanding school of music & ensembles  Restaurants with “natural foods” - One input requested late night - date night dining Relative to announcement about new micro brewery  Micro brewery & wine bars (sort of removed from center of town by being near Fry’s) spin off could be golf cart provided transportation to/from the brewery so folks  don’t drive or have to call Uber (carts for tips in old town Scottsdale)  Cart idea might even work for assisted living for those that want to get out additional background notes: Input on the environment from the community center planning workshop, contacts in FH, plus our own adult children with families: environmentally conscious, drive hybrids, eat from farmers market coop, rent vs buy housing, into triathlons, if possible - go wireless. Grandkids are growing up with iPads and Kindles. We text first, then email, then FaceTime, finally talk on phone. Favorite media sites, Facebook minimal use.  Additional comments from a single business owner: Page 7 12/7/2016  Link up with McDowell Mountain Park events  Spartan Races (multi day MTB events)  Multi day music festival – being held at Margaret T Hance Park  Mountain to Fountain 5K race  Fountain Hills Bike Fest (Apr 2017), bringing in support from CA for drag races o That was original plan, found out the drag race event was going to be too expensive o trying to find another contractor  Increase events for town family gatherings like:  Chili/bbq cook off  Taste of Fountain Hills  A real Art Gallery, revolving exhibits, etc  Movies in the park, nice idea  Better environment needed beyond popcorn and blanket  Restaurant – at least one Fire Rock type, but available to the public in town  Casablanca Rooftop, Grass Roots, Culinary Drop Out (examples)  Tough to get nice glass of wine or a craft beer after 9:00 pm  Young professionals… (5th and Camelback area), socializing spot  Old Town Scottsdale in general social mix of college and young professionals  Irish Pubs, Scottsdale/Tempe  International or theme other than pizza  Social atmosphere – micro brewery, joint wine tasting w/several vineyards participating  Rotate hosting wine pairing meals  Takes business investment  Progressive dinner party hosted by local restaurants  Multimedia marketing (current/correct information) everything on the net  Put all government services on the net  Slide the city is one day per year, need a CrackerJax like facility  Skate board park, BMX bike park  Copper Wynds international tennis (should have related activities in town)  Hold invitational tournaments– golf, softball, soccer, pickelball, etc  School age travel teams, track meets, swim meets  Sponsor science fair with a focus – water/solar/renewable energy  Regional, state, SouthWest… science/technology fairs can be a draw  Solar powered vehicles (ASU & UofA), be great to see them tackle these hills  Move beyond two art fairs as the main draw and short term money maker for non-profits  Name performers in the fountain park  Generate atmosphere leaning towards innovation, students left area for robot competition  How about drone competition  Host a real “farmers market”  Segway touring, Zip car location, Zip type bike location (rentals)  Day care, child care services/facilities  How to better engage numerous resources associate with local churches Page 8 12/7/2016 Demographic balance (residential full/part time, tourism) o Build upon commute/accessibility to surrounding communities o Increase awareness of current assets o Family oriented ?  active Boys & Girls club o Work environment o assisted living advantages/convenience Contributing factors for attracting younger residents/visitors o housing environment (not just affordable - own/rent) o transportation around town (sidewalks, bike lanes, walking corridors)  walking  bikes  skate boards  hiking  neighborhood playgrounds  child care Increase Fountain Hills as “destination”  tourism Dining experience Recreational activities o professional sports o car shows o school aged tournaments Cultural activities o arts o sister cities o library, kids museum or activity center Entertainment  participative and spectator Schools/education/training o advanced or unique programs o recruit talent for leadership credentials o facilities (pool, auditorium, sound/tv studio) o key sports teams Measurements o population growth, demographic mix Page 9 12/7/2016 o develop centers of “excellence”, notoriety Financial Stability and Sustainability a. Sustaining Town Services Community b. Education c. Culture/Arts Measurement and KPIs Measurement Terms Defined:  Strategic Goals – these are the stated desired end state condition over the 5-year strategic plan; e.g., demographic balance will be…  Tasks/Milestones – These are specific measurable actions to be taken to reach the Strategic Goals. They should be granular, tactical steps each with a specific “by when” completion date.  Outcomes – These are measurable indicators of progress toward the Strategic Goals and will help determine whether the subsequent tasks/milestones are on track to achieving the Strategic Goals or if the tasks/milestones should be adjusted (course correction). Outcomes should generally be provided for the following periods: o Short-term (1 year or less) o Mid-term (1 to 3 years) o Long-term (3 to 4 years) Terms Defined: Each Strategic Goal:  State desired Strategic Goals – what is the end game over 5 years? What does it “look like” in 5 years.  Define outcomes for periodic “course evaluations” at the following intervals o Short-term (1 year or less) o Mid-term (1 to 3 years) o Long-term (3 to 4 years) o Each outcome should define the expected progress toward the 5-year Strategic Goal  Define tasks/milestones to reach each outcome over 5 years. Each milestone should include the following details: o What, specifically, is the task – must be measureable o Who is responsible for the task. o By when will it be complete. o What other resources are required? o Is there a risk or mitigating circumstance? Page 10 12/7/2016 o Prioritizing is extremely important when creating tasks/milestone  Possibly use the “Logic Model”; beginning with the end in mind and working backwards to define outcomes and goals.  Strategic Goals – these are the specific stated desired end state conditions/results for the 5- year strategic plan that support the overriding Strategic Priorities developed in collaboration with VisionFH. Consider; o What is the end game over 5 years? o What does it “look like” in 5 years – what has changed and what has been created? You should create two to four Strategic Goals for each Key Strategic Priority: Economic Growth, Infrastructure Maintenance and Evolution, Demographic Balance, Financial Stability and Sustainability, and Community.  Outcomes – These are indicators of progress toward the Strategic Goals and will help determine whether the subsequent tasks/milestones are on track to achieving the Strategic Goals or if the tasks/milestones should be adjusted (course correction). You can create several of these over the five-year plan at different intervals. There are essentially markers of success, over a period of time, toward the strategic goals. One or more Outcomes should generally be provided for the following periods: o Short-term (1 year or less) o Mid-term (2 to 3 years) o Long-term (3 to 4 years)  Tasks/Milestones – These are specific, measurable actions to be taken to reach the Strategic Goals. They should be granular, quantifiable tactical steps; each with the following specific attributes: o What, specifically, is the task? – must be measureable as completed or not. o Who is responsible for the task? o By when will it be complete? o What other resources are required? o Is there a risk or mitigating circumstance? o What is the cost/price of completing the task/milestone? o Prioritizing is extremely important when creating tasks/milestone. Timeline and Reporting / TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:David Trimble,Admin.Services Director,480-816-5125,dtrimble@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2016-33, approving the revised job description for FY 2016-2017. Applicant:NA Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:Job Descriptions Staff Summary (background):Town staff,in conjunction with the Town Manager,has identified a need to improve coordination of the Town's communication and marketing efforts.This proposal would not add to existing staff or change the salary expenditure for the position.It would change the current job description/job title of the "Tourism Coordinator"position to "Communication and Marketing Coordinator".The intent is to utilize existing staff to assist the Town Manager's office with coordination of Town communications in order to enhance and ensure consistency of messaging and branding across various platforms including social media, websites,press releases and other modes as necessary.This position would retain the current duties associated with the Town's tourism efforts under the "Communication and Marketing Coordinator"job title.The new position would report to both the Recreation Supervisor and the Town Manager,whereas currently,the "Tourism Coordinator"position reports solely to the Recreation Supervisor.With this change,the Town does not anticipate a large impact to existing staff time,and therefore we do not recommend the addition of staff. The title would change to "Communication and Marketing Coordinator".The salary of the "Communication and Marketing Coordinator"position is currently in line with salaries of comparable positions found in other municipalities,so we are recommending no change in the salary for this new job title/description.Please see the attachments for more details on the proposed job description/title change. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):None Budget Reference (page number): Page 1 of 2 2830917.1 RESOLUTION 2016-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE REVISED TOWN ORGANIZATIONAL CHARTS FOR THE ADMINISTRATION DEPARTMENT AND THE COMMUNITY SERVICES DEPARTMENT, REVISED 2016-17 PAY PLAN, REVISED SCHEDULE OF AUTHORIZED POSITIONS AND REVISED JOB DESCRIPTION TO RECLASSIFY THE TOURISM COORDINATOR POSITION TO COMMUNICATION AND MARKETING COORDINATOR. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) approved Resolution No. 2016-10 on June 2, 2016, approving the Town of Fountain Hills Organizational Chart, the 2016-17 Pay Plan, the Schedule of Authorized Positions and the Employee Job Descriptions (collectively, the “Staffing Authorization”); and WHEREAS, the Town Council desires to revise the Staffing Authorization to incorporate reclassifying the Tourism Coordinator position to the Communication and Marketing Coordinator (the “Reclassification”). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby approves and authorizes the Reclassification and directs that the necessary related changes be made to (i) the Town of Fountain Hills Organizational Charts for the Administration Department and the Community Services Department, (ii) the 2016-17 Pay Plan, (iii) the Schedule of Authorized Positions and (iv) the employee job description for Communication & Marketing Coordinator, all in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Reclassification shall become effective January 1, 2017. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney 2830917.1 2 EXHIBIT A TO RESOLUTION 2016-33 [Revised Staffing Authorization] See following pages. Town Manager Executive Assistant Volunteer Coordinator ADMINISTRATION DEPARTMENT Network and IT Administrator Financial Services Tech Accountant Financial Services Tech *Customer Service Rep II (.5) Finance Director Town Clerk Administrative Services Director Economic Development Director * Part time Full Time *Customer Service Rep II (.5) *Customer Service Rep II (.5) *Accounting Clerk (.63) *Accounting Clerk (.63) Full Time Shared Communication & Marketing Coordinator (.2) (shared with Community Services) Director Executive Assistant Parks Supervisor Recreation Supervisor COMMUNITY SERVICES DEPARTMENT Park Operations Lead Groundskeeper *Customer Service Rep I (.53) *Customer Service Rep I (.53) *Customer Service Rep I (.35) ) Groundskeeper Park Operations Lead Community Center Operations Coordinator Events & Operations Supervisor Senior Services Supervisor *Senior Services Assistant (.45) *Home Delivered Meals Coordinator (.75) *Senior Services (.75) *Senior Services Activities Coordinator (.58) Park Operations Lead *Operations Sup Worker (.71) *Operations Sup Worker (.09) * Part time Full Time *Home Rec. Coordinator Rec. Coordinator *Park Attendant (.35) (.35) *Park Attendant (.32) *Park Attendant (.39) *Park Attendant (.48) *Park Attendant (.12) *Operations Sup Worker (.70) *Operations Sup Worker (.08) *Park Attendant (.30) *Operations Sup Worker (.07) Rec. Coordinator. Coordinator *Park Attendant *Lead Park Attend. (.49) Communication & Marketing Coordinator (.8) (shared with Administration) Full Time Shared 2016-17 Exempt Positions Position Title Minimum Maximum Finance Director 89,676$ 127,529$ Public Works Director 88,300 125,571 Development Services Director 88,300 125,571 Town Engineer 84,884 120,713 Administrative Services Director 79,437 112,968 Community Services Director 79,129 112,529 Court Administrator 70,886 100,807 Town Clerk 65,165 92,671 Economic Development Director 63,352 90,094 Chief Building Official/Plans Examiner 62,706 89,174 Street Superintendent 61,391 87,304 Senior Planner 61,139 86,945 Network and Information Technology Administrator 57,532 85,697 Recreation Supervisor 56,940 80,975 Parks Supervisor 55,003 78,220 Facilities/Environmental Supervisor 53,483 76,059 Events and Operations Supervisor - Comm. Ctr.51,799 73,663 Executive Assistant to Town Manager/Council 51,434 73,144 Senior Services Supervisor 49,332 70,156 Accountant 47,476 67,516 Recreation Program Coordinator 47,476 67,516 Communications and Marketing Coordinator**47,476 67,516 Volunteer Coordinator 47,476 67,516 Community Center Operations Coordinator 47,476 67,516 ** Communications and Marketing Coordinator was formerly Tourism Coordinator 2016-17 Non-Exempt Positions Position Title Minimum Maximum GIS Technician/CAD Operator 24.22$ 34.44$ Traffic Signal Technician II 23.62 33.60 Civil Engineer Inspector 21.03 29.91 Code Enforcement Officer 19.74 28.07 Executive Assistant 19.74 28.07 Fleet Mechanic/Open Space-Landscape Specialist 19.25 27.38 Park Operations Lead 19.25 27.38 Facilities Maintenance Technician 17.82 25.35 Building Permit Technician 17.36 24.69 Senior Court Clerk 16.89 24.01 Street Maintenance Technician 16.89 24.01 Court Clerk 16.14 22.96 Financial Services Technician 16.14 22.96 Accounting Clerk 15.62 22.21 Customer Service Representative II 15.62 22.21 Senior Services Activities Coordinator 15.28 21.73 Lead Park Attendant 15.28 21.73 Customer Service Representative I 13.92 19.79 Home Delivered Meals Coordinator 13.61 19.36 Groundskeeper 13.61 19.36 Operations Support Worker 13.61 19.36 Custodian 12.58 17.89 Park Attendant 12.58 17.89 Senior Services Assistant 12.58 17.89 FY 16-17 FY 16-17 FY 16-17Current Proposed ProposedPosition TitleFTEFTE changeFTEMunicipal Court Presiding Judge0.63 no change0.63 Court Administrator1.00 no change1.00 Senior Court Clerk1.00 no change1.00 Court Clerk1.00 no change1.00 Authorized FTE3.63 no change3.63 Administration Town Manager1.00 no change1.00 Administrative Services Director1.00 no change1.00 Executive Asst to Town Mgr/Council1.00 no change1.00 Town Clerk1.00 no change1.00 Volunteer Coordinator1.00 no change1.00 Economic Development Director1.00 no change1.00 Communication and Marketing Coordinator- 0.20 0.20 Network & Information Technology Administrator1.00 no change1.00 Finance Director1.00 no change1.00 Accountant1.00 no change1.00 Financial Services Technician1.00 no change1.00 Accounting Clerk1.26 no change1.26 Customer Service Representative II1.00 no change1.00 Authorized FTE12.26 12.46 Schedule of Authorized Positions FY 16-17 FY 16-17 FY 16-17Proposed Proposed ProposedPosition – TitleFTEFTE changeFTEPublic WorksPublic Works Director1.00 no change1.00 Civil Engineering Inspector1.00 no change1.00 Executive Assistant0.50 no change0.50 Facilities/Environmental Supervisor1.00 no change1.00 Facilities Maintenance Tech1.00 no change1.00 Custodian1.30 no change1.30 Street Superintendent1.00 no change1.00 Fleet Mechanic/Open Space-Landscape Spec1.00 no change1.00 Traffic Signal Technician II1.00 no change1.00 Street Maintenance Technician1.00 no change1.00 Authorized FTE9.80 no change9.80 FY 16-17 FY 16-17 FY 16-17Proposed Proposed ProposedPosition – TitleFTEFTE changeFTEDevelopment ServicesDevelopment Services Director1.00 no change1.00 Executive Assistant0.50 no change0.50 Town Engineer1.00 no change1.00 Senior Planner1.00 no change1.00 GIS Technician/CAD Operator1.00 no change1.00 Code Enforcement Officer 1.00 no change1.00 Chief Building Official/Plans Examiner1.00 no change1.00 Building Permit Technician1.00 no change1.00 Authorized FTE7.50 no change7.50 Schedule of Authorized PositionsSchedule of Authorized Positions FY 16-17 FY 16-17 FY 16-17Proposed Proposed ProposedPosition – TitleFTEFTE changeFTECommunity ServicesCommunity Services Director1.00 no change1.00 Recreation Supervisor1.00 no change1.00 Recreation Program Coordinator2.00 no change2.00 Tourism Coordinator1.00 - - Communication and Marketing Coordinator- 0.80 0.80 Executive Assistant1.00 no change1.00 Parks Supervisor1.00 no change1.00 Park Operations Lead3.00 no change3.00 Lead Park Attendant0.49 no change0.49 Park Attendant1.96 no change1.96 Groundskeeper1.00 no change1.00 Events & Operations Supervisor - CC1.00 no change1.00 Operations Coordinator - Community Center1.00 no change1.00 Operations Support Worker 1.65 no change1.65 Customer Service Representative I 0.88 no change0.88 Senior Services Supervisor1.00 no change1.00 Senior Services Activities Coordinator0.58 no change0.58 Home Delivered Meals Coordinator0.75 no change0.75 Senior Services Assistant0.45 no change0.45 Authorized FTE20.76 20.56 Total Authorized FTE53.95 53.95 Schedule of Authorized Positions FOUNTAIN HILLS, ARIZONA Job Description Revised 12/01/2016 Adopted 12/15/2016 1 Job Title: Communication & Marketing Coordinator Department: Community Services & Administration Immediate Supervisor: Recreation Supervisor and Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Coordinates and assists with the Town’s Communication and Marketing efforts. Promotes and develops various strategies, including special events, marketing, tourism, partnerships, press releases, and other branding efforts. Analyzes the effectiveness of various Tourism, Marketing, and Communication strategies. Exercises a high degree of discretion, independent judgment, and courtesy in all interactions with the public. Under direction from the Town Manager, is responsible for disseminating and communicating information about the Town to residents, businesses, community groups, and the media. Promotes the Town's image and may function as a media liaison, and handles community relations. Coordinates electronic and print media activities, advertising; writing articles for publication; and graphic design. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength Code ESSENTIAL FUNCTIONS 1 S Plan, organize, implement and analytically evaluate tourism programs; maintain and regularly update the Town's Tourism website and social media posts; create and regularly update the Town's special event calendar. 2 S Researches facts, develops concepts, and drafts text for printed materials, including fliers, articles, ads and brochures, coordinates graphic design of materials. 4 L Under the direction of the Recreation Supervisor, collaborates with organizations such as local businesses, the Chamber of Commerce, Fort McDowell, AZ Office of Tourism, Arizona Tourism Alliance and other regional/state organizations to promote and support the local economy 5 S Under the direction of the Town Manager, prepares or coordinates the preparation of calendars, social media communications, website information, newsletters, brochures, public service announcements, news releases, and other communication services and informational reports or documents related to Town activities and services. Responsible for correspondence, editorials, and other communications as directed. 6 L Under the direction of the Town Manager, may handle community relations by answering questions from citizens, organizing and operating Town booths at events, serving as Town liaison/representative at meetings, and performing internal communication tasks. 7 L Performs other duties as assigned, including assisting with special events, research and written communication on behalf of the Town, conducting survey and focus groups to obtain and/or disseminate information. May also assist in grant writing and budgetary estimates. * See page 3 – Overall Physical Strength Demands FOUNTAIN HILLS, ARIZONA Job Description Revised 12/01/2016 Adopted 12/15/2016 2 JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Work requires broad knowledge in a general professional or technical field. Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in, Public Relations, Journalism, Marketing, Public Administration, Tourism or a closely related field. Other knowledge requirements include the general theories, principles, and practices of marketing, public relations, public information, and basic communication techniques. Effective oral presentation skills, and the ability to organize and clearly present information in an interesting manner, both verbally and in writing is essential. Experience One to three years experience involving marketing, programming and coordinating tourism, special events, public relations or related field or activities is required. Certifications and Other Requirements Valid driver's license with a good driving record. Must have the ability to work a flexible schedule to include occasional evenings, weekends and holidays. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read technical information and data, policies, guidelines, and procedures at a college level. Also requires the ability to interpret and utilize the English language and terminology used by various media. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication, division and percentages Writing Work requires the ability to write reports, policies, goals, and objectives in a manner that is creative to ensure audience interest. Managerial Coordinating activities to meet deadlines Budget Responsibility May assist with preparation of annual tourism budget Supervisory / Organizational Control Coordinates activities in order to ensure consistency to further Town Tourism and Communication efforts Complexity Work is governed by broad instructions, objectives and policies. Requires the exercise of considerable initiative and independent analytical and evaluative judgment. Interpersonal / Human Relations Skills Work requires a high level of interaction with others outside the Town and requires exercising considerable initiative and independent judgment that supports Town efforts. Requires the ability to establish and maintain effective working relationships with coworkers, Town management, business owners, contractors, media personnel, citizens, and the general public. FOUNTAIN HILLS, ARIZONA Job Description Revised 12/01/2016 Adopted 12/15/2016 3 OVERALL PHYSICAL STRENGTH DEMANDS: PHYSICAL DEMANDS: C = Continuously 2/3 or more of the time F = Frequently From 1/3 to 2/3 of the time O = Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N = Never Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At special events and programs Sitting F Deskwork Walking F Around offices and during special events Lifting R Supplies and equipment Carrying R Supplies and equipment Pushing/Pulling R Supplies and equipment Reaching R For supplies and equipment Handling O Supplies and equipment Fine Dexterity R Supplies and equipment Kneeling R Retrieving items from the ground Crouching R Retrieving items from the ground Crawling R Retrieving items from the ground Bending R Retrieving items from the ground Twisting R Retrieving items from the ground or from shelving Climbing R Ladder Balancing R Ladder Vision F Reading, driving, observing work activities Hearing F Communicating with personnel and general public on telephone Talking F Communicating with personnel and general public on telephone Foot Controls O Driving Sedentary XX Light Medium Heavy Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally, 10lbs. frequently, or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10-20 lbs. constantly. H=Heavy Exerting 50-100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally, 50-100 lbs. frequently, or up to 20-50 lbs. constantly. FOUNTAIN HILLS, ARIZONA Job Description Revised 12/01/2016 Adopted 12/15/2016 4 MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax machine, telephone, calculator, general office supplies, computer and related software, laser or inkjet printer. ENVIRONMENTAL FACTORS: D = Daily W = Several Times Per Week M = Several Times Per Month S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures S Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: C = Continuously 2/3 or more of the time F = Frequently From 1/3 to 2/3 of the time O = Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N = Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:David Trimble,Admin.Services Director,480-816-5125,dtrimble@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2016-41,approving the Town of Fountain Hills Personnel Policies and Procedures (amended and restated August 1,2013)amendment relating to Merit Leave,Exempt Leave policies,and declaring an emergency. Applicant:NA Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:Employee Leave Staff Summary (background):Town staff,in conjunction with the Town Manager,has identified a need to improve,clarify,and offer consistent guidance on certain employee leave policies that apply to salaried positions that are not eligible for overtime pay ("exempt positions")under the Fair Labor Standards Act ("FLSA").Therefore,two new sections of the Town of Fountain Hills Personnel Policies and Procedures manual are recommended:"Exempt Leave"and "Merit Leave".These policies are patterned after policies adopted by other municipalities,both in Arizona and in other western states.This type of leave,that acknowledges the time demands of certain exempt positions,is common at numerous municipalities.The name of the leave varies by municipality.For example some refer to it as "Management","Executive,"or,as in this proposal,"Exempt"Leave. In drafting these two policies, Town staff and legal counsel referred to the provisions of the FLSA to insure that,by granting such leave,the position does not lose its exempt status.U.S.Department of Labor regulation, 29 C.F.R.541.604 allows an employer to provide an exempt employee (a person filling an exempt position) with additional compensation without losing the exemption,if the employment arrangement also includes a guarantee of at least the minimum weekly-required amount paid on a salary basis.Inaddition, Town staff and legal counsel reviewed the legality of these policies granting exempt or merit leave,in lightof relevant Arizona laws,such as Article 9,Section 7 of the Arizona Constitution and A.R.S.38-505. Page 1 of 2 Exempt Leave:The current employee practice for leave administration for employees in exempt positions has been implemented in various ways that typically do not distinguish between exempt and non- exempt employees.Staff proposes offering exempt employees forty hours per year of use-or-lose "Exempt Leave"to recognize the many hours in excess of forty hours per week,which may be required,but are not compensated.This leave is in addition to vacation leave.It is not the intent to replace time on an hour-for- hour basis.Through this proposal,we hope to offer a policy that will acknowledge the expectation of extended and additional work hours for exempt employees. Merit Leave:This proposal offers guidance to the Town Manager for recognizing occasional commendable or outstanding employee performance over and above that required by their job description. The Town Manager would be able to offer a maximum of forty hours of use-or-lose "Merit Leave"to recognize exceptional performance or achievement on a special project.This could be awarded to any employee, whether FLSA exempt or non-exempt.The intent is to offer specific guidance and place limits on this type of leave in order to maintain consistency in recognizing outstanding employee performance. Both Exempt Leave and Merit Leave would not be accrued benefits and would not be paid out to employees upon leaving employment with the Town.Therefore,there would be no fiscal budgetary impact to the Town for implementing these leave policies. Since Exempt Leave is proposed to be administered on the calendar year,staff recommends this change become effective January 1,2017,upon passage by Council (emergency effective date)instead of the normal 30 day wait for actions to become effective. Please see the attachments for more details on these proposed changes. Risk Analysis (options or alternatives with implications):Current policies regarding employee leave are vague,and have caused uncertainty for both employees and supervisors. Fiscal Impact (initial and ongoing costs;budget status):None -this policy update does not require any new expenditures. Budget Reference (page number): Funding Source:Multiple Funds If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Resolution 2016-41 Updating the Personnel Policies and Procedures manual. SUGGESTED MOTION (for Council use):Move to approve Resolution 2016-41 Prepared by: David Trimble,Administraive Services Director 12/7/2016 Director's Approval: David Trimble,Administrative Services Director 12/7/2016 Apjproved: 1 ,\aaM^ Manager 12/7/2016 Page 2 of 2 2835008.22835008.3 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: EXEMPT LEAVE POLICY NO: 918 EFFECTIVE: January 1, 2017 REVISED: December 15, 2016 PURPOSE: To establish the Exempt Leave benefit for salaried employees in positions that are classified as exempt under the Fair Labor Standards Act (exempt employees), to provide a definition of the Exempt Leave benefit, and describe how Exempt Leave should be administered, for eligible exempt employees. SCOPE: All Town employees that are exempted from the Fair Labor Standards Act (FLSA). POLICY: Overview: Full-time exempt employees are expected to work a minimum of forty (40) hours per week. The job requirements of most exempt employees mean that they regularly work considerably more than 40 hours, and that the time worked frequently occurs during hours outside of the normal work schedule. It is not the Town’s intent to replace time on an hour-for-hour basis, but to provide “Exempt Leave” to acknowledge these realities. Exempt Leave: Exempt Leave is scheduled, paid time taken off the job that is available to FLSA exempt employees who work beyond the normal work week. Exempt Leave is a benefit provided in recognition of the many hours in excess of forty (40) hours per week, which may be required but are not directly compensated on an hourly basis. Exempt leave is in addition to other leave provided by the Town as a benefit to employees. Exempt Leave is awarded as time off, up to a maximum of forty (40) hours per payroll calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Exempt Leave is not accruable beyond the payroll calendar year. An Exempt Employee shall not be paid out any accrued unused Exempt Leave when the employee’s employment with the Town ends. Exempt Leave shall not be carried over beyond the end of the last day of the last pay period of the payroll calendar year. Exempt Leave is a “use it or lose it” benefit based on the payroll calendar year. The full forty (40) hours are available to an eligible exempt employee as soon as he/she is appointed to an FLSA exempt position on a pro rata basis, depending on the time of the payroll calendar year the employee starts in said position. See the table belowon the next page. Exempt Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee’s supervisor or his/her designee. It is the responsibility of the exempt employee to request to use his/her Exempt Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. 2835008.22835008.3 Continued on next page… EXEMPT LEAVE table Following are suggested guidelines for approving the use of executive leaveExempt Leave during the first year of hire into a position eligible for Exempt Leave: Start Date on the Job Number of Hours of Exempt Leave Jan 1 – February 28 40 March 1 – April 30 30 May 1 – June 30 25 July 1 – August 30 20 September 1 – October 30 10 The Town Manager may grant additional leave to employees throughout the year in recognition of commendable or outstanding performance in the form of “Merit Leave”. Please see the Policy entitled “MERIT LEAVE”. 2835008.22835008.3 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: MERIT LEAVE POLICY NO: 919 EFFECTIVE: January 1, 2017 REVISED: December 15, 2016 PURPOSE: To establish the Merit Leave benefit that can be awarded occasionally by the Town Manager for commendable or outstanding employee performance. To provide a definition of Merit Leave, and describe how it should be administered. SCOPE: All Town employees are eligible regardless of FLSA (Fair Labor Standards Act) status. Both “exempt” and “non-exempt” employees are eligible. STATEMENT OF POLICY: Merit Leave is scheduled, paid time taken off the job. The Town Manager may approve Merit Leave to Town employees (both exempt and non-exempt) for commendable or outstanding performance. Award of Merit Leave is generally limited to instances when the employee has demonstrated exceptional effort or achievement on a special project. No more than forty (40) hours of Merit Leave may be awarded to an employee in a calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Merit Leave must be used within twelve (12) months from when it was awarded and Merit Leave is not accruable beyond the payroll calendar year. Merit Leave is a “use it or lose it” benefit, and may not be carried over beyond twelve months after awarded. An employee shall not be paid out any accrued unused Merit Leave when the employee’s employment with the Town ends. Merit Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee’s supervisor or his/her designee. It is the responsibility of the employee to request to use his/her Merit Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. Document comparison by Workshare Compare on Thursday, December 08, 2016 10:28:18 AM Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/2835008/2 Description #2835008v2<Phoenix> - POLICY - Personnel - Exempt Leave and Merit Leave 2.15.16 Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/2835008/3 Description #2835008v3<Phoenix> - POLICY - Personnel - Exempt Leave and Merit Leave 2.15.16 Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 4 Deletions 5 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 9 2834586.1 RESOLUTION 2016-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS PERSONNEL POLICIES AND PROCEDURES, AMENDED AND RESTATED AUGUST 1, 2013, BY ADDING NEW POLICIES RELATING TO EXEMPT LEAVE AND MERIT LEAVE; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) approved Resolution 2013-39, adopting the Town of Fountain Hills Personnel Policies and Procedures, Amended and Restated August 1, 2013 (the “2013 Policy”); and WHEREAS, the Town Council approved Resolution 2015-54 adopting amendments to the provisions of the 2013 Policy relating to (i) Vacation Leave, (ii) Personal Leave, and (iii) Electronic Mail and Scheduling System, Internet Use, Use of Electronic Devices, iPad/iPhone, and Social Media Policies (the “2015 Amendments”) (the 2013 Policy and the 2015 Amendments are collectively referred to herein as the “Personnel Policy”); and WHEREAS, the Town Council desires to amend the provisions of the Personnel Policy by adding new policies relating to (i) Exempt Leave, and (ii) Merit Leave. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Personnel Policy is hereby amended by adding the Exempt Leave Policy in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Personnel Policy is hereby amended by adding the Merit Leave Policy in substantially the form and substance attached hereto as Exhibit B and incorporated herein by reference. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution or any part of the Exempt Leave Policy or the Merit Leave Policy adopted herein by reference is for any reason to be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5. 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. 2834586.1 2 SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney 2834586.1 EXHIBIT A TO RESOLUTION 2016-41 [EXEMPT LEAVE POLICY] See following pages 2835008.3 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: EXEMPT LEAVE POLICY NO: 918 EFFECTIVE: January 1, 2017 REVISED: December 15, 2016 PURPOSE: To establish the Exempt Leave benefit for salaried employees in positions that are classified as exempt under the Fair Labor Standards Act (exempt employees), to provide a definition of the Exempt Leave benefit, and describe how Exempt Leave should be administered, for eligible exempt employees. SCOPE: All Town employees that are exempted from the Fair Labor Standards Act (FLSA). POLICY: Overview: Full-time exempt employees are expected to work a minimum of forty (40) hours per week. The job requirements of most exempt employees mean that they regularly work considerably more than 40 hours, and that the time worked frequently occurs during hours outside of the normal work schedule. It is not the Town’s intent to replace time on an hour-for-hour basis, but to provide “Exempt Leave” to acknowledge these realities. Exempt Leave: Exempt Leave is scheduled, paid time taken off the job that is available to FLSA exempt employees who work beyond the normal work week. Exempt Leave is a benefit provided in recognition of the many hours in excess of forty (40) hours per week, which may be required but are not directly compensated on an hourly basis. Exempt leave is in addition to other leave provided by the Town as a benefit to employees. Exempt Leave is awarded as time off, up to a maximum of forty (40) hours per payroll calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Exempt Leave is not accruable beyond the payroll calendar year. An Exempt Employee shall not be paid out any accrued unused Exempt Leave when the employee’s employment with the Town ends. Exempt Leave shall not be carried over beyond the end of the last day of the last pay period of the payroll calendar year. Exempt Leave is a “use it or lose it” benefit based on the payroll calendar year. The full forty (40) hours are available to an eligible exempt employee as soon as he/she is appointed to an FLSA exempt position on a pro rata basis, depending on the time of the payroll calendar year the employee starts in said position. See table on the next page. Exempt Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee’s supervisor or his/her designee. It is the responsibility of the exempt employee to request to use his/her Exempt Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. 2835008.3 EXEMPT LEAVE table Following are suggested guidelines for approving the use of Exempt Leave during the first year of hire into a position eligible for Exempt Leave: Start Date on the Job Number of Hours of Exempt Leave Jan 1 – February 28 40 March 1 – April 30 30 May 1 – June 30 25 July 1 – August 30 20 September 1 – October 30 10 The Town Manager may grant additional leave to employees throughout the year in recognition of commendable or outstanding performance in the form of “Merit Leave”. Please see the Policy entitled “MERIT LEAVE”. 2834586.1 EXHIBIT B TO RESOLUTION 2016-41 [MERIT LEAVE POLICY] See following page 2835008.3 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: MERIT LEAVE POLICY NO: 919 EFFECTIVE: January 1, 2017 REVISED: December 15, 2016 PURPOSE: To establish the Merit Leave benefit that can be awarded occasionally by the Town Manager for commendable or outstanding employee performance. To provide a definition of Merit Leave, and describe how it should be administered. SCOPE: All Town employees are eligible regardless of FLSA (Fair Labor Standards Act) status. Both “exempt” and “non-exempt” employees are eligible. STATEMENT OF POLICY: Merit Leave is scheduled, paid time taken off the job. The Town Manager may approve Merit Leave to Town employees (both exempt and non-exempt) for commendable or outstanding performance. Award of Merit Leave is generally limited to instances when the employee has demonstrated exceptional effort or achievement on a special project. No more than forty (40) hours of Merit Leave may be awarded to an employee in a calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Merit Leave must be used within twelve (12) months from when it was awarded and Merit Leave is not accruable beyond the payroll calendar year. Merit Leave is a “use it or lose it” benefit, and may not be carried over beyond twelve months after awarded. An employee shall not be paid out any accrued unused Merit Leave when the employee’s employment with the Town ends. Merit Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee’s supervisor or his/her designee. It is the responsibility of the employee to request to use his/her Merit Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 12/15/2016 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers, Development Services Director,rrodgers@fh.az.gov,480-816-5138 Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow EPCOR Water to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site. Case #SU2016-04 CONSIDERATION of a proposed SPECIAL USE PERMIT to allow EPCOR Water to install a 50'tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site.Case #SU2016-04 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Francisco J.Lopez,MCO Properties 13620 N.SaguaroBlvd Fountain Hills, AZ 85268 (480)204-6407 Brad Finke,EPCOR Water Arizona Inc. 2355 W.Pinnacle Peak Road,Ste 300 Phoenix,AZ 85027 (623)445-2402 14401 N.Eagle Ridge Drive Fountain Hills,AZ 85268 APN 217-19-862 Related Ordinance,Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2,Section 2.02 Special Use Permits Fountain Hills Zoning Ordinance Chapter 17 Wireless Telecommunications Towers and Antennas The EPCOR water tank site is located on the border between Parcels7 and 8 in Adero Canyon.The site is enclosed within a fence which contains the tank,associated ground equipment,and also the proposed radio tower. The tower is being designed as a 50'tall monopole similar to their other water tank towers in town. FACTORS CONSIDERED IN GRANTING SPECIAL USE PERMITS FOR TOWERS: Page 1 of 4 Town of Fountain Hills Staff Presentation EPCOR Adero Canyon Water Tank Radio Antenna Recommendations Planning & Zoning Commission Approve Staff Approve Page 1 of 4 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION December 8, 2016 Chairman Michael Archambault opened the meeting at 6:30 p.m. ROLL CALL: The following Commissioners were present: Chairman Michael Archambault, Vice-Chairman Eugene Mikolajczyk. Commissioners: Amberleigh Dabrowski, Susan Dempster, Erik Hansen, Howie Jones and Roger Owers. Also in attendance were Bob Rodgers, Development Services Director and Paula Woodward, Executive Assistant and Recorder of the minutes. Chairman Michael Archambault requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED OCTOBER 13, 2016. Vice-Chairman Mikolajczyk MOVED to APPROVE the meeting minutes dated Thursday, October 13, 2016 as written. Commissioner Dabrowski SECONDED and the MOTION CARRIED UNANIMOUSLY 7/0. AGENDA ITEM #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW EPCOR WATER TO INSTALL A 50’ TALL RADIO ANTENNA AT THE ADERO CANYON BOOSTER PUMP STATION AND RESERVOIR SITE. CASE # SU2016-04 Chairman Michael Archambault opened the Public Hearing at 6:32 p.m. Bob Rodgers addressed the Commission and gave a PowerPoint presentation about the EPCOR Adero Canyon water tank radio antenna. Mr. Rodgers said the application is for a 50’ monopole radio antenna. The tower is required to request the SUP for three reasons: 1. its height being above 30’. 2. its within 300’ of a residential area 3. because it is not a stealth design. Mr. Rodgers showed on the screen the tower location within Adero Canyon. The monopole will be located next to the existing Adero Canyon water tank. The entire area is currently under construction with Toll Brothers in Parcels 1 and 7 to the south and northwest and Camelot Homes in Parcel 8 to the southeast. The tank site is already fenced off as its an existing water tank. A Blow-up of the tank site plan was shown as well as the tower profile. The tower is a 50’ monopole design. The pole will be galvanized steel and the theory is that it will weather to a medium gray color that’ll help it blend into the sky and be less obtrusive. The height is necessary for the radio signals to make it back to EPCOR through the intervening terrain. Similar poles are at the Morning Dove Drive water tank site in Eagles Nest and the Boulder Drive tank site. Mr. Rodgers said that to his knowledge, they have not generated complaints. DRAFT Page 2 of 4 Mr. Rodgers said Staff believes that the radio antenna is a necessary piece of equipment for the water company in that it provides them with the ability to properly monitor the water tank, and that it will not create a detriment to the area. Staff recommends that the Planning & Zoning Commission forward a recommendation to Town Council to approve the SUP as presented. Chairman Archambault asked if there was anyone from the public who wished to speak. No one wished to speak. Chairman Archambault closed the Public Hearing at 6:34 p.m. AGENDA ITEM #3 - CONSIDERATION of a proposed SPECIAL USE PERMIT to allow EPCOR Water to install a 50’ tall radio antenna at the Adero Canyon Booster Pump Station and Reservoir Site. Case # SU2016-04 Commissioner Dabrowski asked if the water tank radio antenna is in addition to the one Commissioner Dabrowski saw earlier in the day at the Adero Canyon property. She also asked if the Eagle’s Nest antenna is 50 feet tall and if the base is included in the total height calculation. Mr. Rodgers stated that this antenna is in addition to the existing antenna. He stated he did not know the height of the antenna at Eagles Nest. In reference to the base of antennas and total height, sometimes the base is included in the total height calculations and other times not. Usually the base measures 2 – 3 feet above ground. Commissioner Owers asked what is the rationale behind the maximum height restriction of 30 feet. Mr. Rodgers said all residential areas have a 30 feet height limit. This property area is zoned as residential. 30 feet would be 2 ½ stories with a peaked roof. Commissioner Owers asked if the homes are currently selling. Mr. Rodgers said Toll Brothers and Camelot are selling the homes. Commissioner Owers asked if home buyers are aware of the proposed antenna. Commissioner Dabrowski interjected that while driving around Adero Canyon she stopped in the sales office and inquired about the radio antenna. Personnel stated they were unaware of the proposed radio antenna. Commissioner Dabrowski informed them of tonight’s meeting and invited them to attend. Mr. Rodgers replied the property owners within 300 feet of this antenna were notified by mail. The property owners notified are Toll Brothers, Camelot and MCO. Commissioner Dempster asked if the antenna could be designed to be less conspicuous or if other options are available. Mr. Rodgers said the options would be a tree (palm) or Saguaro tower. Saguaro tower’s do not go over 40 feet. A palm tree would look out of place. The galvanized finish of the antenna pole will blend in with the background. We can always ask them to paint. Please make whatever recommendations you feel are necessary. Chairman Archambault suggested they can use galvanized steel similar to what is used in other areas around town. The steel could be acid washed to a brownish color to blend in with the surrounding landscape. Page 3 of 4 Mr. Rodgers replied that once the poles go beyond the horizon level the brown against the blue sky would be more noticeable than the grey against blue sky. Chairman Archambault asked for any further comments and a motion. Vice-Chairman Mikolajczyk MOVED to forward a recommendation to the Town Council to approve the Special Use Permit and allow EPCOR to install a 50’ tall Monopole Wireless Radio Communication Antenna at 14401 N. Eagle Ridge Drive as presented. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY 7/0. AGENDA ITEM #4 - COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO STAFF. Items listed below are related only to the propriety of (i) placing items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Commission. None AGENDA ITEM #5 - SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. None AGENDA ITEM #6- REPORT FROM DEVELOPMENT SERVICES DIRECTOR. Mr. Rodgers stated the December 22, 2016 Planning and Zoning Commission meeting is cancelled. The Noise Ordinance is on the Town Council Agenda meeting scheduled Thursday, December 15, 2016. Vice-Chairman Mikolajczyk said the Strategic Planning Advisory Commission will be presenting a report to Town Council this Thursday. Among the draft, one recommendation is to propose a re-zoning of commercial downtown properties to make it more amendable for residential. AGENDA ITEM #7 - ADJOURNMENT. Commissioner Jones MOVED to adjourn the meeting at 7:43 p.m. and Commissioner Demptser SECONDED and the MOTION CARRIED UNANIMOUSLY. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: _______________________________ Chairman Mike Archambault ATTEST: _______________________________ Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 8th day of December 2016, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 12th of December 2016 _____________________________________ Page 4 of 4 Paula Woodward, Executive Assistant TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:December 15,2016 Meeting Type:Regular Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Bob Rodgers,Development Services Director,480-816-5138,rrodgers(S)fh.az.qov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION #2016-17,declaring as a public record that certain document filed with the Town Clerk and entitled the "Town of Fountain Hills Noise Regulations." CONSIDERATION OF ORDINANCE #16-10,adopting the "Town of Fountain Hills Noise Regulations"by reference and amending the Town of Fountain HillsTown Code,Chapter 11,Section 11-1-7,by revising provisions related to noise violations. PUBLIC HEARING to receive comments on ORDINANCE #16-08,amending the Town of Fountain Hills Zoning Ordinance,Chapter 5,Section 5.19,and Chapter 18,Section 18.06,by revising provisions related to noise violations.Case #Z2016-05 CONSIDERATION of ORDINANCE #16-08,amending the Town of Fountain Hills Zoning Ordinance, Chapter 5,Section 5.19,and Chapter 18,Section 18.06,by revising provisions related to noise violations.Case #Z2016-05 Applicant: Applicant Contact Information: Property Location: The Town of Fountain Hills Planning &Zoning Division Town-Wide Related Ordinance,Policy or Guiding Principle: Zoning Ordinance Section 2.01 -Amendments or Zone Changes Zoning Ordinance Chapter 5 Section 5.19.A-Noise Fountain Hills Town Code Chapter 11,Section 11-1-7-Noise Zoning Ordinance Chapter 18,Section 18.06 - Additional Regulations Staff Summary (background): Atthe request of Council, staff has revised the proposed ordinance proposal as follows: 1.Remove the two-points of decibel level measurement process infavor of using a single point of measurement located adjacent to the exterior wall of the complainant's structure. Page 1 of 3 Robert 'Bob'Rodgers From:John Kirkeide Sent:Monday,December 5,2016 8:37 AM To:Linda Kavanagh;Dennis Brown;Nick DePorter;Henry Leger;Alan Magazine;Cecil Yates;Art Tolis;Grady Miller;Robert 'Bob'Rodgers Cc:jon.erickson@abc15.com;ryan@fhtimes.com Subject:Fountain HillsNoise Ordinance Mayor Kavanagh,Council Member and Staff, Comments on Current Proposed Noise Ordinance: It appears the council has settled on a day time limit of 70 dB (50 dB at night)measured immediately adjacent to the complainant's wall. I would like to point out to council that this would still make Fountain Hills ordinance louder than any of the surrounding communities.Here is the list: •Paradise Valley is 56 dB (with a separate higher limit for vehicles). •Tempe in residential areas is 55 dB (60 dB to reach citation level). •Scottsdale55dBto 68 dB •Phoenix 70 dB for hand held devices The Phoenix ordinance limits sounds from hand held devices to 70 dB measured 50 feet from the source.This portion of the ordinance appears to be directed at noise from street vendors and potentially noise in public parks.The rest of the ordinance does not have numeric limits for noise but is similar to Maricopa County and Mesa in applying reasonable judgement in evaluating whether or not the noise is excessive;Phoenix (Sec. 23-12 of their code/ordinance)specifically bans "unreasonably loud,disturbing and unnecessary noise".In general Phoenix uses a reasonableness standard rather than a specific decibel level so it would be inappropriate to compare to the standards being set for the entire Town of Fountain Hills. Staff keeps misquoting the Tempe ordinance as 70 dB -that is what the daytime limit is in industrial areas.According to Tempe ordinance/code Sec. 20-6 residential areas are 55dB daytime and 45 dB at night measured at the property line. In the event of overlapping area types the lower limit is the one that applies. The Scottsdale ordinance that staff sites as 68 dB (rebuttable)is specifically for establishments serving alcohol or providing live entertainment and isSec. 19-26 of their codes/ordinances.This section prohibits these specific business types from creating unreasonable noise that disturbs the peace or quiet of a residential district.The focus of this section is on unreasonable noise,but it sets the 68 dB as an assumed limit.Interestingly Scottsdale has another provision in Sec. 52808 for noise for Western Theme Parks.There the limits are set 55dB for neighboring residential properties during daylight hours. Ican see why Council would find 70 dB as a reasonable day time limit given staffs portrayal of other community noise limits (page one and two of staffs Agenda Action Form that was included with the 12/1/16 agenda/meeting information packet).The numbers listed were: •Phoenix 70 dB •Tempe 70 dB •Scottsdale 68 dB •Paradise Valley 56 dB As described above the appropriate comparisons should be along these lines: redact redact From:Nancy Walter To:Bev Bender Subject:FW: Leaf Blowers at 4:30 AM A noise ordinance request. Date:Thursday, December 15, 2016 8:01:33 AM Bev, Grady asked me to forward this to you for Council/records. Henry received this as well but I am not sure if it was sent to the rest of Council. Nancy -----Original Message----- From: Linda Kavanagh Sent: Wednesday, December 14, 2016 5:17 PM To: Robert 'Bob' Rodgers Cc: Grady Miller Subject: Fw: Leaf Blowers at 4:30 AM A noise ordinance request. Bob If the council passes the 6 am to 10 pm noise ordinance, wouldn't that apply to leaf blowers as well? Thanks for the clarification. Linda ________________________________________ From: Janet Jensen > Sent: Wednesday, December 14, 2016 4:39 PM Subject: Leaf Blowers at 4:30 AM A noise ordinance request. Please consider including landscaping equipment (mowers, leaf blowers, etc.) with construction equipment whose use is prohibited before 6 AM in the winter and 5 AM in the summer. Also consider adding the words “or before sun rise, which ever is later. The crew at Desert Canyon was out at 4:30 on a recent morning and most days they start at about about 5 AM or a bit later mowing with mowers with headlights and guys blowing leaves with a leaf blower in one hand and a flashlight in the other. This when the sunrise is after 7:00 AM. Do we really need any construction or landscaping activity taking place in the dark? Thank you, Thomas Jensen Fountain Hills redact 2730238.22730238.5 TOWN OF FOUNTAIN HILLS NOISE REGULATIONS December 15, 2016 2730238.22730238.5 Section 11-1-7 Noise. A. Purpose. The purpose of this Section is to promote the health and general welfare of the citizens and businesses of the Town by balancing the need to protect the community against unreasonable noise with the legitimate goal of promoting and encouraging commercial and business growth in the community. B. Definitions. The following words, terms and phrases, when used in this Section, have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. “’A’ band level” means the total sound level of all noise as measured with a sound level meter using an A-weighting network. The unit is the dB(A). 2. “Complainant” means a person who files a noise complaint. 3. “Decibel” means a sound pressure that is 20 times the logarithm to the base 10 of the ratio of the pressure of sound to the reference pressure, 2 x 10 -5 newton/meter2. 4. “Emergency work” means any (a) work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency that has or may result in a disruption of service and that is necessary to restore property to a safe condition following a public calamity, (b) work required to protect the health, safety or welfare of persons or property or (c) work by private or public utilities when restoring utility service. 5. “Noise violation” means any noise created that exceeds the maximum limits as specified in this Section. 6. “Sound level (noise level)” means the sound measured with the A-weighting and slow response by a sound level meter. 7. “Sound level meter” means an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels that satisfies the pertinent requirements for Type 1 sound level meters as set forth in the most recent version of American Standard Specifications for Sound Level Meters ANSI S1.4-1983. 8. “Sound Source” means the cause and location of the noise. C. Measurement Standard. Sound level shall be measured with a sound level meter operated in accordance with the manufacturer’s guidelines and instructions. 2730238.22730238.5 2 Table 1 Measurement Standards: D. Noise Violations Prohibited. Subject to the complaint processing provisions in Subsection 11-1-7(E) below, it shall be a violation of this Section to emit or allow to be emitted noise in excess of the permissible noise levels set forth in Table 21 below. Table 2 Permissible Noise Levels: Monday – Thursday, May 15th to September 15thTable 1 Permissible Noise Levels: Measurement Location Time Decibel dB(A) Wall of structure proximate to complainant’s location 5:30 am to 11:00 pm 55 Approximately 30 feet from the sound source 85 Wall of structure proximate to complainant’s location 11:00 pm to 5:30 am 45 Approximately 30 feet from the sound source 75 Monday – Thursday, September 16th to May 14th Measurement Location Time Decibel dB (A) Wall of structure proximate to complainant’s location1 6:00 am to 1110:00002 pm 5570 Approximately 30 feet from the sound source 85 Wall of structure proximate to complainant’s location 1110:00002 pm to 6:00 am 4550 Approximately 30 feet from the sound source 75 Friday – Sunday, year long Measurement Location Time Decibel dB(A) 2730238.22730238.5 3 Wall of structure proximate to complainant’s location 7:00 am to 11:00 pm 55 Approximately 30 feet from the sound source 85 Wall of structure proximate to complainant’s location 11:00 pm to 7:00 am 45 Approximately 30 feet from the sound source 75 1 For sounds emanating from within a multifamily residential building (in a unit or the common area of the building), the measurement location shall be anywhere in a dwelling unit within that building. 2 The 10:00 p.m. cut-off time may be extended to 11:00 p.m. in conjunction with a temporary use permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance. E. Complaint Processing. After receiving a noise complaint from a complainant, an individual authorized under Subsection GH of this Section shall measure the noise level with such measurements being made both at the wall of the complainant’s location and approximately 30 feet from the sound source, as illustrated in Table 1 above. The authorized individual shall determine a noise violation has occurred when the decibel levels at both the complainant’s location and at approximately 30 feet from the sound source exceed the maximum decibel levels set forth in Table 21 above. F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character that emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle. G. Braking devices. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the Town any compression release or other engine braking device designed to aid in the braking or deceleration of any vehicle which results in noise in excess of that which would otherwise be produced from such vehicle without such braking device. The provisions of this division do not apply to public safety vehicles. H. Violations. The Town Manager or designee, code official or Town law enforcement officer may issue civil citations pursuant to Subsection 1-8-3(D) of this Code to enforce violations of this Section. After civil enforcement as set forth in Subsection 1-8-3(D) of this Code, any POST-certified law enforcement officer or the Town Prosecutor may issue criminal complaints pursuant to Subsection 1-8-2(A) to enforce this Section. 2730238.22730238.5 4 HI. Exemptions. The following uses and activities shall be exempt from Town noise level regulations: 1. Noises resulting from air-conditioning equipment when such equipment is in proper operating condition. 2. Noises resulting from lawn maintenance equipment operated during daylight hours when such equipment is functioning with all mufflers and standard noise-reducing equipment in use and in proper operating condition. 3. Noises of safety signals, warning devices and emergency pressure relief valves. 4. Noises resulting from an authorized emergency vehicle when responding to an emergency call or acting in time of emergency. 5. Noises resulting from emergency work. 6. Church chimes or bells. 7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while being operated or utilized for official business. 8. Noises resulting from a special event being held pursuant to a Town-issued special event permit. 9. An un-amplified human voice. 10. Noises resulting from an event being held by a school. Document comparison by Workshare Compare on Thursday, December 15, 2016 9:28:21 AM Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/2730238/2 Description #2730238v2<Phoenix> - CODE - Noise Regulations Section 11-1-7 v2 (AJM 8.9.16) Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/2730238/5 Description #2730238v5<Phoenix> - CODE - Noise Regulations Section 11-1-7 v5 (AJM 12.14.16) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 21 Deletions 53 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 74 2730178.3 RESOLUTION 2016-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE “TOWN OF FOUNTAIN HILLS NOISE REGULATIONS.” BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document entitled the “Town of Fountain Hills Noise Regulations,” of which one paper copy and one electronic copy maintained in compliance with ARIZ. REV. STAT. § 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney 2730238.5 TOWN OF FOUNTAIN HILLS NOISE REGULATIONS December 15, 2016 2730238.5 Section 11-1-7 Noise. A. Purpose. The purpose of this Section is to promote the health and general welfare of the citizens and businesses of the Town by balancing the need to protect the community against unreasonable noise with the legitimate goal of promoting and encouraging commercial and business growth in the community. B. Definitions. The following words, terms and phrases, when used in this Section, have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. “’A’ band level” means the total sound level of all noise as measured with a sound level meter using an A-weighting network. The unit is the dB(A). 2. “Complainant” means a person who files a noise complaint. 3. “Decibel” means a sound pressure that is 20 times the logarithm to the base 10 of the ratio of the pressure of sound to the reference pressure, 2 x 10 -5 newton/meter2. 4. “Emergency work” means any (a) work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency that has or may result in a disruption of service and that is necessary to restore property to a safe condition following a public calamity, (b) work required to protect the health, safety or welfare of persons or property or (c) work by private or public utilities when restoring utility service. 5. “Noise violation” means any noise created that exceeds the maximum limits as specified in this Section. 6. “Sound level (noise level)” means the sound measured with the A- weighting and slow response by a sound level meter. 7. “Sound level meter” means an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels that satisfies the pertinent requirements for Type 1 sound level meters as set forth in the most recent version of American Standard Specifications for Sound Level Meters ANSI S1.4- 1983. 8. “Sound Source” means the cause and location of the noise. C. Measurement Standard. Sound level shall be measured with a sound level meter operated in accordance with the manufacturer’s guidelines and instructions. 2730238.5 2 D. Noise Violations Prohibited. Subject to the complaint processing provisions in Subsection 11-1-7(E) below, it shall be a violation of this Section to emit or allow to be emitted noise in excess of the permissible noise levels set forth in Table 1 below. Table 1 Permissible Noise Levels: Measurement Location Time Decibel dB(A) Wall of structure proximate to complainant’s location1 6:00 am to 10:002 pm 70 Wall of structure proximate to complainant’s location 10:002 pm to 6:00 am 50 1 For sounds emanating from within a multifamily residential building (in a unit or the common area of the building), the measurement location shall be anywhere in a dwelling unit within that building. 2 The 10:00 p.m. cut-off time may be extended to 11:00 p.m. in conjunction with a temporary use permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance. E. Complaint Processing. After receiving a noise complaint from a complainant, an individual authorized under Subsection H of this Section shall measure the noise level with such measurements being made at the wall of the complainant’s location. The authorized individual shall determine a noise violation has occurred when the decibel levels at the complainant’s location exceed the maximum decibel levels set forth in Table 1 above. F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character that emits loud and raucous noises and is attached to and upon any vehicle. G. Braking devices. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the Town any compression release or other engine braking device designed to aid in the braking or deceleration of any vehicle which results in noise in excess of that which would otherwise be produced from such vehicle without such braking device. The provisions of this division do not apply to public safety vehicles. H. Violations. The Town Manager or designee, code official or Town law enforcement officer may issue civil citations pursuant to Subsection 1-8-3(D) of this Code to enforce violations of this Section. After civil enforcement as set forth in Subsection 1-8-3(D) of this Code, any POST-certified law enforcement officer or the Town Prosecutor may issue criminal complaints pursuant to Subsection 1-8-2(A) to enforce this Section. 2730238.5 3 I. Exemptions. The following uses and activities shall be exempt from Town noise level regulations: 1. Noises resulting from air-conditioning equipment when such equipment is in proper operating condition. 2. Noises resulting from lawn maintenance equipment operated during daylight hours when such equipment is functioning with all mufflers and standard noise-reducing equipment in use and in proper operating condition. 3. Noises of safety signals, warning devices and emergency pressure relief valves. 4. Noises resulting from an authorized emergency vehicle when responding to an emergency call or acting in time of emergency. 5. Noises resulting from emergency work. 6. Church chimes or bells. 7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while being operated or utilized for official business. 8. Noises resulting from a special event being held pursuant to a Town- issued special event permit. 9. An un-amplified human voice. 10. Noises resulting from an event being held by a school. 2730204.4 ORDINANCE 16-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE “TOWN OF FOUNTAIN HILLS NOISE REGULATIONS” BY REFERENCE AND AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 11, SECTION 11-1-7, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. WHEREAS, the Town of Fountain Hills Town Code (the “Town Code”) contains provisions pertaining to noise violations; and WHEREAS, it is in the best interests of the community for the Town of Fountain Hills (the “Town”) to have standards by which authorized individuals may objectively determine whether a noise violation has occurred; and WHEREAS, the Town desires to clarify the provisions relating to noise violations to provide its citizens with a clear statement of the noise violation provisions applicable to activities within the corporate limits of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The document known as the “Town of Fountain Hills Noise Regulations” (the “Noise Regulations”), of which one paper copy and one electronic copy maintained in compliance with ARIZ. REV. STAT. § 44-7041 are on file in the office of the Town Clerk, which document was made a public record by Resolution 2016-17 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 3. The Fountain Hills Town Code, Chapter 11 (Offenses), Article 11-1 (Offenses), is hereby amended by deleting Section 11-1-7 (Noise), in its entirety and replacing it with the Noise Regulations. SECTION 4. Any person who fails to comply with any provision of the Noise Regulations shall be subject to civil and criminal penalties as set forth in Section 1-8-1 of the Fountain Hills Town Code, including civil penalties of not more than $250 base fine. Criminal penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 2730204.4 2 SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney 2730195.5 ORDINANCE 16-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills Zoning Ordinance (the “Zoning Ordinance”) each contain provisions pertaining to noise violations; and WHEREAS, it is in the best interests of the community for the Town of Fountain Hills (the “Town”) to have a uniform set of standards by which authorized individuals may objectively determine whether a noise violation has occurred; and WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance relating to noise violations to provide its citizens with a clear statement of the noise violation provisions applicable to activities in the corporate limits of the Town; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the August 24, 2016 and August 31, 2016, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 8, 2016, and by the Town Council on October 6, 2016, which hearing was continued to December 1, 2016, and again to December 15, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 5 (General Provisions), Section 5.19 (Performance Standards) is hereby amended by deleting Subsection A thereof (Noise) and replacing it with the following: A. Noise. The sound pressure level of any individual operation shall not exceed the maximum decibel levels set forth in the Fountain Hills Town Code Section 11-1- 7, Table 1, with each individual operation being considered a sound source, as such term is defined in the Fountain Hills Town Code Subsection 11-1-7(B)(8), as amended. For purposes of this Subsection 5.19(A), decibel levels shall be measured according to the measurement standards set forth in the Fountain Hills Town Code Section 11-1-7, as amended; provided, however, that for purposes of this Subsection 5.19(A), the registering of a noise complaint shall not be necessary. 2730195.5 2 SECTION 3. The Town of Fountain Hills Zoning Ordinance, Chapter 18 (Town Center Commercial Zoning District), Section 18.06 (Additional regulations) is hereby amended by deleting Subsection B thereof and replacing it with the following new Subsection B, to read as follows: B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. Such establishments shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/15/2016 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Grady E.Miller,Town Manager Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):Report from Town Manager on the Fountain and Lake Water Quality at Fountain Park. No action is required at this time. Applicant:N/A Applicant Contact Information:N/A Owner:N/A Owner Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):On 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):On September 1,2016,the Town Council held a special session on the subject of Fountain Lake water quality.At the special session four different experts presented findings and recommendations relating to improving water quality for irrigation purposes,reducing algae odors from the lake,and upgrading the pump house equipment. The consensus of the Council at the special session was for staff to move forward on replacing and upgrading the aeration system in the lake to help in reducing the odors from algae as there was sufficient funding in the Capital Improvement Program for this project.Since September staff has worked with Aquatic Consulting to finalize the bid specifications for a new aeration system and cost estimates.The project is moving forward and on December 28,the town plans to release the bid and begin advertising for the purchase and installation of a new aeration system with an anticipated completion date of July 30,2017. Page 1 of 3 Impact on Irrigation Operations and Fountain Lake Water Quality Aquatic Consulting & Testing, Inc. IRRIGATION PRACTICES PAST Reclaimed wastewater (from Sanitary District) added to Fountain Lake. Lake water delivered to irrigation system for golf courses and Fountain Park turf and ornamental watering. THE PROBLEM Reclaimed water contains high concentrations of nitrogen and phosphorus that stimulates algae growth and development of nuisance organisms (productive lake). Lake water evaporates and concentrates chemicals and biological agents that cause the following problems: Salinity and ion toxicity to plants. Scaling due to high calcium content. Biological fouling (plugging). IRRIGATION ISSUES THE SOLUTION PRESENT Wastewater system upgrade to Advanced Wastewater Treatment (AWT ). Reclaimed wastewater delivered directly to major users (golf courses). Lake water delivered to park irrigation system only for turf and ornamental watering. Reclaimed wastewater (AWT effluent) fills lake to replace evaporative and irrigation losses. LAKE WATER VERSUS DIRECT REUSE FOR IRRIGATION Parameter AWT Effluent Fountain Lake Infiltration No restriction No restriction Calcium (mg/L) 85 201 Tot. dissolved solids 1200 3310 pH 7.7 9.0 Stability Slightly scaling Moderately scaling Sodium 240 610 Chloride 350 1120 Biology Minor (limited fouling) Significant and diverse (high fouling potential) IMPACT OF DIRECT REUSE ON LAKE WATER QUALITY Although the AWT effluent provides higher quality water than in the past, in terms of minerals, solids, and organic matter, it still contains significant amounts of algae and aquatic plant nutrients. Problems associated with a productive lake will continue. Parameter Needed by algae Provided by AWT Phosphorus, mg/L 0.03 3.1 Nitrogen, mg/L 0.30 2.7 IMPACT OF DIRECT REUSE ON LAKE WATER QUALITY Because less water will be removed from the lake for irrigation: Detention time will increase and water stagnation more likely. Nutrients (nitrogen and phosphorus) and minerals may increase as evaporation losses outweigh withdrawal losses. Algae blooms may become more frequent. Accumulation of organic sludge on lake bottom will accelerate. Odor formation may increase as a result of additional biomass. MITIGATION MEASURES Mechanical aeration, circulation, and possibly oxygenation. Use of algaecides, flocculants, and oxidizers. Copper – algaecide Alum – phosphate binder Peroxide – algaecide and odor oxidant Use of lake dyes to slow photosynthesis and algae growth. Maintaining “utility” fish populations for weed and insect management. MECHANICAL AERATION AND CIRCULATION BENEFITS OF MECHANICAL CIRCULATION / AERATION Provides oxygen for decomposition of organic matter that accumulates at the lake bottom. Prevents formation of oxygen-poor cold water zones in the deeper portion of the lake. Volatilizes and oxidizes toxic gases as ammonia and sulfides that are produced and released from the lake sediment. Produces an aerobic water column over the sediment that prevents the conversion and release of phosphates (prevents nutrient cycling). Prevents surface blooms of algae by constantly vertically mixing the water column. Reduces the likelihood of fish kills associated with lake turnover and biological oxygen demand. Increases oxidation of organic molecules, leading to reduction of off-odors. President - Coates Irrigation Consultants, Inc. Gaylon Coates (480) 481-0682 | gaylon@coatesirrigation.com Background •Coates Irrigation Consultants, Inc. founded in 1978 •10,000+ Projects in Arizona and many other states •International Projects •Qatar •South Africa •Mexico •Bali •Peru •Guam •Golf, Commercial, Education, Residential, Municipal, Major Sports Above Ground Steel Storage Tank (typical) Above Ground Steel Storage Tank •Ultra-filtered water •77 feet in diameter x 24 feet tall •Placed within the fence area adjacent to existing pump •New centrifugal-type booster pumping station with filtration required •460-volt, three-phase electrical power required Above Ground Steel Storage Tank Est. Costs •Above-grade steel tank $530,000 •Site grading $40,000 •New centrifugal pump station $175,000 •Concrete slab & enclosure $50,000 •New booster pump $60,000 •Pipe from AWTP to tank $20,000 •Pipe from storage to pump $25,000 •Isolation valves, misc. fittings, etc. $30,000 •TOTAL $930,000 Below Grade Concrete Storage Vault (typical) Below Grade Concrete Storage Vault •Gravity-fed water storage vault •Can be located underneath parking or turf areas •Existing pump station may be able to be re-used •Shafts would need to be extended 8 feet •73 feet square x 20 feet deep •460-volt, three-phase electrical power required Below Grade Concrete Storage Vault Est. Costs •Below-grade concrete vault $1,140,000 •Refurbished existing pump station $50,000 •Concrete slab & enclosure for pump station $50,000 •Pipe from AWTP to new storage vault $20,000 •Pipe from storage to pump to irrigation $25,000 •Isolation valves, misc. fittings, etc. $30,000 •TOTAL $1,315,000 Underground Fiberglass Storage Tanks Underground Fiberglass Storage Tanks •Cost-effective solution to water storage •Sixteen 50,000-gallon tanks side-by-side and interconnected •Existing refurbished pump station could be utilized •70 feet x 270 feet •460-volt, three-phase electrical power required Underground Fiberglass Storage Tanks Est. Costs •Below-grade fiberglass tanks $960,000 •Refurbished existing pump station $50,000 •Concrete slab, enclosure for pump $ 50,000 •Pipe from AWTP to new storage tank $30,000 •Pipe from storage to pump to irrigation $25,000 •Isolation valves, misc. fittings, etc. $30,000 •TOTAL $ 1,145,000 Isolation of the Existing Lake Pump Bay Isolation of the Existing Lake Pump Bay •The pump bay is not large enough to be viable. •We recommend that the existing irrigation pump station be left in its current location. Summary •Above Ground Steel Storage Tank •Below Grade Concrete Storage Vault •Underground Fiberglass Storage Tanks •Isolation of the Existing Lake Pump Bay Introduction •Patrick Kelly, P.E. - Electrical Engineer •Company: Quantum •Location: Tempe •Electrical Engineering Firm •Industrial Automation & Process Control •Industries •Mining •Water/Wastewater •Semiconductor •Energy •Factory Automation •Oil/Gas Existing Fountain Control System Issues •Old equipment •Not Electrical Code Compliant •Limited Capability for Fountain Controls •Similar to Sprinkler Timer •No User Interface •Only Local Control •Not Easy to Adjust Schedule •No Option for Single Pump •Mechanical Weather/Wind Station with Interlock Only •No Documentation Proposed New Control System •Modern Industrial Process Controller •7” Color Touchscreen Interface •Custom Software for Control Flexibility •Adjustable Time •Adjustable Wind •Single Pump Option •Solid State Weather/Wind Station •Full Drawing & Documentation Package •Retrofit in Existing Enclosure •Secure, Remote Capability via Cellular Connection •Detailed Proposal in Packet •Budget of Approximately ~$50k •Optional Services: •Big Screen TV Monitor for Town Hall •Real Time Status of Fountain and Wind Parameters •Energy Savings Calculator •Optionally Could Also Be Displayed on Town Webpage •Controls Integration of Additional Projects (Blowers, Irrigation, Effluent Inflow, etc) Remote Status Display Questions Fountain Lake Water Quality September 1, 2016 Keller Electrical Industries Industry leader in industrial motor repair and service, custom motor control manufacturing and electrical contracting and construction. Established Business serving Arizona, California, Nevada & New Mexico since 1982 EASA Member Repair Facility – AC & DC Motors, generators transformers, Vibration Analysis, Machining & Welding Custom Control Manufacturer and System Integrator, Variable Frequency Drives, High Voltage Switchgear & PLCs UL 508 Certified Plants Electrical Contracting & Technical Services EASA Repair Facility •105,000 square foot UL Certified facility providing comprehensive repair capabilities •Experienced and knowledgeable technicians •AC & DC Motors, generators, transformers, pumps, starters, Dynamic Balancing, Vibration Analysis, Machining and Welding •Stocking Distributor for US Motors, Toshiba, TECO Westinghouse, Tatung, Marathon and Leeson Custom Control Division UL 508A Certified Fabrication Plant System Integration, Motor Controls Centers, Variable Frequency Drives, High Voltage Switchgear, PLCs and Vacuum Contactors Distributors/OEM’s for Siemens, EATON/Cutler Hammer, Fuji, GE Multilin & Toshiba controls (VFDs and PLCs), TECO-Westinghouse The Fountain currently uses two or three 600Hp motors running at full speed. On two motors the fountain height is approximately 300 feet. On holidays and special occasions, all three motors run, pushing the fountain to 560 feet. The system dates back to 1970, and the switchgear that controls the motors is showing its age. Reliability and parts availability may become problematic. In addition, operation of the pumping system is quite expensive. Keller Electrical was provided a spreadsheet indicating that the daily average cost of running was approximately $400, over $148,000 per year. Keller Electrical was contacted to address the possibility of replacing the existing switchgear with Variable Frequency Drive equipment with an eye towards greater efficiency and cost savings. •Variable Frequency Drives are used to control the speed, flow and head pressure of pumping systems. •The Fountain Hills application currently only controls flow and head by controlling the number of pumps running. •Two pumps running at full rated power provide a 300’ fountain. •Three pumps running at full rated power provide a 560’ fountain. •To reduce power consumption, the pumps must be slowed, and the fountain height will be reduced. •To provide the most economical option with the greatest reliability, KEI recommends one 1250Hp VFD and a switchgear lineup that will allow the drive to control two motors at a time. •When all three pumps are desired, a reduced-voltage starter will control the third pump This arrangement allows any one pump to be taken out of service while the other two are operated by the VFD. If all three are available and needed, pumps 1 & 2 will be run from the VFD and pump 3 from the starter. But what about power savings? •The reason VFDs are so popular in pumping applications is due to the fact that by controlling the pump speed, pump power consumption can be greatly reduced •The “Affinity Laws” describe an ideal system where flow is proportional to pump speed, pressure is proportional to pump speed squared, and power is proportional to pump speed cubed. Thus a small reduction in speed results in a large reduction in power consumption. •By running two pumps at 90% speed, the height of the fountain will be reduced to approximately 80%, or 240’. Power, however will be reduced to approximately 73% - instead of $400/day, the power bill would be less than $300/day, for a net savings of more than $40,000 per year. •Further reduction in flow will result in significantly larger power savings. Additional Advantages •Currently, if the wind speed in the area exceeds a threshold, the pumps will be shut down or inhibited from running during that hour of operation. In conjunction with the new control system, the pumps can be slowed down to reduce the dispersion of the fountain due to wind, while keeping the system running at at least some capacity. As the fountain is part of the water quality control system, this should be advantageous. •Using a VFD, the motors can be started gently without drawing high current as with the existing motor controls. In addition to the other advantages of VFD operation, you may be able to negotiate a better power rate with SRP. •SRP may offer incentives for VFD operation to help offset the cost of equipment and installation. Questions? Coates Irrigation Consultants, Inc. 1420 North Greenfield Road | Suite 103 | Gilbert, Arizona 85234 Phone 480-481-0682 | Fax 480-481-0939 October 26, 2015 Revised August 26, 2016 Mr. Mark Mayer TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Re: FOUNTAIN PARK – Irrigation Feasibility Study Report Dear Mark: This report is a summary of the process regarding the Fountain Park Project located in Fountain Hills, Arizona. The scope of work was to coordinate and study the possibility of using a more direct supply from the Fountain Hills Sanitary District’s pipeline, rather than pumping from the lake. This report has been revised from the original to account for higher daily irrigation demand as reported by Kevin Snipes of the parks department. I. IRRIGATION FEASIBILITY STUDY The Irrigation Feasibility Study was accomplished following research and coordination with the Fountain Hills Sanitary District. We met with Ron Huber and Clark Moskop of the District, and discussed the existing facilities and possibilities for modifying the Fountain Park irrigation water source. We also visited the pump station site. The current irrigation system supply is directly from Fountain Lake. The existing pump station is a vertical turbine type inside the existing pump room, with shafts that hang into the water. The capacity is 1800 gpm at 105 psi discharge pressure. Filtration is included at the pump station. Fountain Park Irrigation Feasibility Study Report 2 of 8 Our revised study of the existing irrigation system resulted in the following, and as shown on the accompanying spreadsheets: For approximately 36.5 acres of landscaping (mostly turf): 408.82 acre-feet per year 1,055 gpm minimum peak night 660,910 gallons per peak night We recommend 800,000 gallons of irrigation storage, since it is impossible to pump water to the bottom of any type of tank. According to our conversations with the Sanitary District, the most feasible situation is to utilize the “Ultra-filtered” water from the Advanced Water Treatment Plant (AWTP) immediately southwest of Fountain Park. This water is much “cleaner” than the water in the lake, and will benefit the turf and landscaping. This water is available on a 24/7 basis, but Ron and Clark were quick to point out that one days’ irrigation storage will be required for the new water source. The AWTP receives both reclaimed effluent, and recovery water from wells, and treats it at the AWTP location. Water is available in a 10” pipeline at about 1250 gpm. There is also a 15” overflow pipeline that gravity feeds into Fountain Lake at about 1150 gpm. Ron reported that approximately 2 psi is available in the pipeline when it enters the pump bay at Fountain Lake. The storage requirement allows the most flexibility, but also offers the challenge of locating the storage facilities. Siting is addressed later in the report. The flexibility benefit is that sufficient water will be in storage for a night’s irrigation cycle, in the event the plant can’t supply enough water on a given day. At the rate of flow from the AWTP (1250 gpm), 800,000 gallons would be transferred into storage in approximately 10.7 hours during the daytime, allowing the irrigation storage to be full when the cycle begins each evening. It appears that the alternative water source is feasible, as long as siting details can be accommodated. II. RECOMMENDATIONS The existing pump station is located on the southwest side of the lake, at the building where the Fountain Pumps are located. The existing irrigation mainline begins at that location, and it is crucial to connect the new water source at that location in order to avoid major pipe cost. On our site visit, we observed the existing pump Fountain Park Irrigation Feasibility Study Report 3 of 8 station. Its condition appears to be adequate; some refurbishment is likely required, especially to the shafts and pump bowls in the water, for it to be utilized for any of the options below. It would be most beneficial if the irrigation storage facility could be located near the existing pump station, but this will take field investigation and coordination. Following are four options: A. Above-ground steel storage tank: Ultra-filtered water from the AWTP would be pumped into a steel tank located on grade. A booster pump will be required to boost the AWTP water (2 psi) to spill over into the top of the tank, due to the height of the tank in relation to the elevation at the treatment plant. Water would enter at the top of the tank using the “airgap” method from a pipeline above water level. In order to store 800,000 gallons of water, the tank size recommended is 77 feet in diameter by 24 feet tall. This type of tank is common across the valley. It may be possible to place this type of tank within the fenced-in area adjacent to the existing pump house in a re-designed and re-graded area immediately to the southwest of the existing pump building. A new, horizontal centrifugal-type irrigation booster pumping station with filtration would be required. It would not be possible to use the existing pump station for this concept. 460-volt, three-phase electrical power must be provided at the pump station. B. Below grade concrete storage vault: Using a storage facility that is below grade affords the possibility of providing gravity-fed water into the storage vault. Elevations would need to be studied when the plans are engineered if this method were chosen. It also allows the potential to locate the storage vault underneath parking or turf areas. One other advantage to using a submerged vault is that the existing vertical turbine pump station may be able to be re-used for the irrigation system. A certain amount of refurbishment would be required since the pump station is 8 years old, but potentially the shafts would penetrate into a concrete storage vault in a similar manner its current condition at the lake. The shafts would need to be extended about 8 feet in order to pump deeper into the vault. Fountain Park Irrigation Feasibility Study Report 4 of 8 The size of a concrete vault is recommended as 73 feet square by 20 feet deep. It appears that the most feasible locations for a vault of this size are within the pump enclosure as described above for the steel tank; the existing turf or parking areas just west of the existing pump building; or the existing turf areas east of the pump building. The vault would be buried below grade, and a concrete slab located where the pump station would be placed. The design would then include re-placing the turf, landscaping, or parking on top of the facility. 460-volt, three-phase electrical power must be provided at the pump station. C. Underground fiberglass storage tanks: Similar to “B,” fiberglass tanks have been used effectively as cost- effective solutions to water storage. A series of sixteen 50,000-gallon tanks could be placed side-by-side and interconnected. The design would include the water supply into one tank at one end, and the pump station in the furthest tank from the source to draw water through and keep it as clean as possible. The existing refurbished vertical turbine pump station could be utilized with the shafts and pumps submerged in the water of the storage tanks. This solution requires an underground space of about 70 feet by 270 feet. The most logical location would be the turf or parking areas to the west of the current pump building, or possibly the turf area east of the pump building. 460-volt, three-phase electrical power must be provided at the pump station. D. Isolation of the existing lake pump bay: Due to the most recent irrigation demand information, the pump bay is not large enough for this concept to be viable. We recommend that the existing irrigation pump station be left in its current location, with pipe and valves connected to the irrigation system in the event it needs to be used for emergency irrigation. Coordination with Town personnel will be required regarding the best location for the alternate water source storage and pumping location. Fountain Park Irrigation Feasibility Study Report 5 of 8 III. COST ESTIMATES Following are estimates for each of the three concepts recommended above (excluding design, permits, or electrical power installation cost): A. Above-ground steel storage tank: This concept is the most feasible. Following are estimated costs: Above-grade steel reinforced tank (800,000-gal.): $ 530,000 Site grading: 40,000 New centrifugal irrig pump station (1800 gpm @ 105 psi): 175,000 Concrete slab, enclosure for pump station: 50,000 New booster pump station to tank (1250 gpm @ 20 psi): 60,000 Pipe from AWTP to new storage tank: 20,000 Pipe from storage to pump, and to irrigation system: 25,000 Isolation valves, misc. fittings, contingency: 30,000 Total: $ 930,000 B. Below grade concrete storage vault: This concept is feasible. Following are estimated costs: Below-grade reinforced concrete vault (800,000-gal.): $ 1,140,000 Refurbished existing pump station (1800 gpm @ 105 psi): 50,000 Concrete slab, enclosure for pump station: 50,000 Pipe from AWTP to new storage vault: 20,000 Pipe from storage to pump, and to irrigation system: 25,000 Isolation valves, misc. fittings, contingency: 30,000 Total: $ 1,315,000 C. Underground fiberglass storage tanks: This concept is feasible. Following are estimated costs: Below-grade fiberglass tanks (16 @ 50,000-gal.): $ 960,000 Refurbished existing pump station (1800 gpm @ 105 psi): 50,000 Concrete slab, enclosure for pump station: 50,000 Fountain Park Irrigation Feasibility Study Report 6 of 8 Pipe from AWTP to new storage tank: 30,000 Pipe from storage to pump, and to irrigation system: 25,000 Isolation valves, misc. fittings, contingency: 30,000 Total: $ 1,145,000 D. Isolation of the existing lake pump bay: This concept is not feasible due to space limitations since the peak daily irrigation demand is higher than originally reported. Thank you for the opportunity to assist you. If you have any questions regarding any part of the Report, feel free to call us. Sincerely, GAYLON L. COATES President COATES IRRIGATION CONSULTANTS INC. Fountain Park Irrigation Feasibility Study Report 7 of 8 Fountain Park Irrigation Feasibility Study Report 8 of 8 Coates Irrigation Consultants, Inc. 1420 North Greenfield Road | Suite 103 | Gilbert, Arizona 85234 Phone 480-481-0682 | Fax 480-481-0939 October 26, 2015 Mr. Mark Mayer TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Re: FOUNTAIN PARK – Irrigation Feasibility Study Report Dear Mark: This report is a summary of the process regarding the Fountain Park Project located in Fountain Hills, Arizona. The scope of work was to coordinate and study the possibility of using a more direct supply from the Fountain Hills Sanitary District’s pipeline, rather than pumping from the lake. I. IRRIGATION FEASIBILITY STUDY The Irrigation Feasibility Study was accomplished following research and coordination with the Fountain Hills Sanitary District. We met with Ron Huber and Clark Moskop of the District, and discussed the existing facilities and possibilities for modifying the Fountain Park irrigation water source. We also visited the pump station site. The current irrigation system supply is directly from Fountain Lake. The existing pump station is a vertical turbine type inside the existing pump room, with shafts that hang into the water. The capacity is 1800 gpm at 105 psi discharge pressure. Filtration is included at the pump station. Our study of the existing irrigation system resulted in the following, and as shown on the accompanying spreadsheets: Fountain Park Irrigation Feasibility Study Report 2 of 9 For approximately 36.5 acres of landscaping (mostly turf): 196.04 acre-feet per year 1,055 gpm minimum peak night 316,931 gallons per peak night We recommend 400,000 gallons of irrigation storage, since it is impossible to pump water to the bottom of any type of tank. According to our conversations with the Sanitary District, the most feasible situation is to utilize the “Ultra-filtered” water from the Advanced Water Treatment Plant (AWTP) immediately southwest of Fountain Park. This water is much “cleaner” than the water in the lake, and will benefit the turf and landscaping. This water is available on a 24/7 basis, but Ron and Clark were quick to point out that one days’ irrigation storage will be required for the new water source. The AWTP receives both reclaimed effluent, and recovery water from wells, and treats it at the AWTP location. Water is available in a 10” pipeline at about 1250 gpm. There is also a 15” overflow pipeline that gravity feeds into Fountain Lake at about 1150 gpm. The storage requirement allows the most flexibility, but also offers the challenge of locating the storage facilities. Siting is addressed later in the report. The flexibility benefit is that sufficient water will be in storage for a night’s irrigation cycle, in the event the plant can’t supply enough water on a given day. At the rate of flow from the AWTP (1250 gpm), 400,000 gallons would be transferred into storage in approximately 5.3 hours during the daytime, allowing the irrigation storage to be full when the cycle begins each evening. It appears that the alternative water source is feasible, as long as siting details can be accommodated. II. RECOMMENDATIONS The existing pump station is located on the southwest side of the lake, at the building where the Fountain Pumps are located. The existing irrigation mainline begins at that location, and it is crucial to connect the new water source at that location in order to avoid major pipe cost. On our site visit, we observed the existing pump station. Its condition appears to be adequate; some refurbishment is likely required, especially to the shafts and pump bowls in the water, for it to be utilized for any of the options below. Fountain Park Irrigation Feasibility Study Report 3 of 9 It would be most beneficial if the irrigation storage facility could be located near the existing pump station, but this will take field investigation and coordination. Following are four options: A. Above-ground steel storage tank: Ultra-filtered water from the AWTP would be pumped into a steel tank located on grade. Pumping would be minimal, but required due to the height of the tank in relation to the elevation at the treatment plant. Water would enter at the top of the tank using the “airgap” method from a pipeline above water level. In order to store 400,000 gallons of water, the tank size recommended is 70 feet in diameter by 15 feet tall. This type of tank is common across the valley. It may be possible to place this type of tank within the fenced-in area adjacent to the existing pump house, to the north of the pump enclosure along the lake, or in a re-designed area immediately to the west. A new, horizontal centrifugal-type booster pumping station with filtration would be required. It would not be possible to use the existing pump station for this concept. 460-volt, three-phase electrical power must be provided at the pump station. B. Below grade concrete storage tank: Using a storage facility that is below grade affords the possibility of providing gravity-fed water into the storage tank. Elevations would need to be studied when the plans are engineered if this method were chosen. It also allows the potential to locate the storage tank underneath parking or turf areas. One other advantage to using a submerged tank is that the existing vertical turbine pump station may be able to be re-used for the irrigation system. A certain amount of refurbishment would be required since the pump station is 8 years old, but potentially the shafts would penetrate into a concrete storage vault in a similar manner its current condition at the lake. The size of a concrete tank is recommended as 60 feet square by 15 feet deep. It appears that the most feasible locations for a tank of this size are the existing turf or parking areas just west of the existing pump building, or the existing turf areas east of the pump building. The tank would be buried below grade, and a concrete slab located where the pump station would be placed. Fountain Park Irrigation Feasibility Study Report 4 of 9 The design would then include re-pl acing the turf, landscaping, or parking on top of the facility. 460-volt, three-phase electrical power must be provided at the pump station. C. Underground fiberglass storage tanks: Similar to “B,” fiberglass tanks have been used effectively as cost- effective solutions to water storage. A series of eight 50,000-gallon tanks could be placed side-by-side and interconnected. The design would include the water supply into one tank at one end, and the pump station in the furthest tank from the source to draw water through and keep it as clean as possible. The existing vertical turbine pump station could be utilized with the shafts and pumps submerged in the water of the storage tanks. This solution requires an underground space of about 70 feet by 135 feet. The most logical location would be the turf or parking areas to the west of the current pump building, or possibly the turf area east of the pump building. 460-volt, three-phase electrical power must be provided at the pump station. D. Isolation of the existing lake pump bay: During our site visit another possibility arose. If the existing pump bay west of the pump building could be isolated from the lake itself by a dike or dam, the bay could be utilized as the storage for the ultra-filtered water and pump supply. There are several benefits of this concept:  The existing irrigation pump station could be utilized in its current location  Electrical power to the pump station would not change  The current irrigation piping would remain unchanged  A separate storage facility would not need to be built  Supply pipes from the AWTP are existing to the pump bay  It appears that the pump bay contains almost 400,000 gallons of water with its current dimensions (80’ x 60’ x 11’ deep = 395,000 gallons) This concept has merit for all of the above reasons, but one drawback. The Fountain Pumps also operate out of the body of Fountain Park Irrigation Feasibility Study Report 5 of 9 water in the pump bay. These pumps must be scheduled to operate at a separate time from the irrigation pump station. The good news is that irrigation occurs at night, and the fountain generally runs during the daytime; so this is viable. In order for this concept to be constructed, the lake would need to be drawn down to a level to isolate the inlet to the pump bay. Please refer to the accompanying aerial view. The white line is the approximate recommended dam location. This area would need to be dry enough to add earth, install a liner, and concrete slurry the dam. The dam would need to be higher than the high water level of the lake, with an overflow from the pump bay into the lake if the bay were to over-fill. All of this would need to be engineered, but the concept appears to be feasible. Coordination with Town personnel will be required regarding the best location for the alternate water source storage and pumping location. III. COST ESTIMATES Following are estimates for each of the three concepts recommended above: A. Above-ground steel storage tank: This concept is not recommended, but we studied it as a possibility. Following are estimated costs: Above-grade steel reinforced tank (400,000-gal.): $ 350,000 New centrifugal pump station (1800 gpm @ 105 psi): 175,000 Concrete slab, enclosure for pump station: 50,000 Booster pump to supply water into tank: 40,000 Pipe from AWTP to new storage tank: 20,000 Pipe from storage to pump, and to irrigation system: 10,000 Isolation valves, misc. fittings, contingency: 10,000 Total: $ 655,000 B. Below grade concrete storage tank: This concept is feasible. Following are estimated costs: Fountain Park Irrigation Feasibility Study Report 6 of 9 Below-grade reinforced concrete tank (400,000-gal.): $ 500,000 Refurbished existing pump station (1800 gpm @ 105 psi): 50,000 Concrete slab, enclosure for pump station: 50,000 Pipe from AWTP to new storage tank: 20,000 Pipe from storage to pump, and to irrigation system: 10,000 Isolation valves, misc. fittings, contingency: 10,000 Total: $ 640,000 C. Underground fiberglass storage tanks: This concept is feasible. Following are estimated costs: Below-grade fiberglass tanks (8 @ 500,000-gal.): $ 450,000 Refurbished existing pump station (1800 gpm @ 105 psi): 50,000 Concrete slab, enclosure for pump station: 50,000 Pipe from AWTP to new storage tank: 20,000 Pipe from storage to pump, and to irrigation system: 10,000 Isolation valves, misc. fittings, contingency: 10,000 Total: $ 590,000 D. Isolation of the existing lake pump bay: This concept is feasible. Following are estimated costs: Earth/concrete dam at pump bay (25’ long/12’ high): $ 250,000 Refurbished existing pump station (1800 gpm @ 105 psi): 50,000 Contingency: 5,000 Total: $ 305,000 Thank you for the opportunity to assist you. If you have any questions regarding any part of the Report, feel free to call us. Sincerely, GAYLON L. COATES President COATES IRRIGATION CONSULTANTS INC. Fountain Park Irrigation Feasibility Study Report 7 of 9 Fountain Park Irrigation Feasibility Study Report 8 of 9 Fountain Park Irrigation Feasibility Study Report 9 of 9 Quantum Integrated Solutions, Inc 2141 E Broadway Rd, Suite 217 www.QuantumEngr.com Tempe, AZ 85282 1 AZ ROC #220363 August 23, 2016 Mr. Mark Mayer Fountain Hills 16705 E. Ave. of the Fountains Fountain Hills, AZ 85268 RE: Fountain Control System Upgrades & Weather Station Quantum Quote #16-01065 Thank you for allowing Quantum Integrated Solutions, Inc. the opportunity to provide this proposal. PROJECT OVERVIEW: Our proposal for this project is to provide automated control system upgrades for the above reference project. SCOPE OF WORK: Our proposal is based on the design information and requirements provided. Specific inclusions, exclusions and Scope of Work details are reflected in the enclosed Basis of Estimate – Attachment A. TERMS AND CONDITIONS: This proposal is subject to Quantum Integrated Solutions’ enclosed Terms and Conditions – Attachment B. PERIOD OF PROPOSAL: The terms and price of this proposal are valid for a period of ninety (90) days. Quantum Integrated Solutions, Inc 2141 E Broadway Rd, Suite 217 www.QuantumEngr.com Tempe, AZ 85282 2 COMPENSATION: Please confirm acceptance of this scope and proposal by returning a signed copy of Attachment A at the time of contract award. If you have any question regarding this proposal, please feel free to call me at 480-284-1187. Respectfully, Patrick Kelly, P.E. Sales Engineer Quantum Integrated Solutions/Engineering, Inc. Quantum Integrated Solutions, Inc 2141 E Broadway Rd, Suite 217 www.QuantumEngr.com Tempe, AZ 85282 A-1 AZ ROC #220363 ATTACHMENT A BASIS OF ESTIMATE RECEIVED DOCUMENTS:  Onsite meeting WRITTEN SCOPE OF WORK:  Design new automated control system for Fountain Control with Wind Interlock  Provide hardware per list below  PLC/OIT Programming  Secure web based portal for remote interface via cellular connection  60” Flat screen TV & computer to be mounted in Town Hall for real time telemetry display  Engineering meetings  Panel shop drawings  Up to 3 days of onsite startup services including training HARDWARE PROVIDED: Control Panel: Qty (1) Subanel (to be mounted in existing enclosure) including: New subpanel, Allen Bradley PLC, 7” color touchscreen, ethernet switch, power supply, TVSS, terminal blocks, pilot lights, RS422 to RS232 converter, solid state weather station, circuit breakers, control relays, cellular telemetry device, etc. PROJECT CLARIFICATIONS:  Client to demo and mount/wire new weather station on existing pole  Existing enclosure to be reused with new subpanel  Client to provide assistance with demo/wiring/interface to existing pump controls  Schedule to be mutually agreeable  Additional engineering time to be billed at $159/hour/person plus mileage  Client to provide cellular service package (~$30/month) after first year PROJECT EXCLUSIONS:  Software development licenses not included Authorized Signature Date   Keller Electrical Industries, Inc. | www.kellerelectrical.com | 1881 E. University | Phoenix, AZ 85034 | D: 602-437-3015 | F: 602-437-8163   August 23, 2016 Mark Mayer Community Services Department Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 mmayer@fh.az.gov RE: Fountain Park Lake Controls (Budgetary Estimate) KEI Proposal: 196962.00 Mr. Mayer, Project Overview Keller Electrical Industries, Inc. (KEI) is pleased to provide this proposal for your variable frequency drive and soft start application. This proposal is based on the information obtained during two recent site visits to the existing pumping station. The equipment being proposed is Toshiba’s T300MVi Variable Frequency Drive (VFD) and JKSS4 Solid State Starter (SSS) installed in a portable E-Building manufactured by Atkinson Industries. At the time of this proposal, Toshiba has provided over 150 medium-voltage VFD units throughout Arizona along with numerous soft start installations. Atkinson has provided E-Houses for Keller for several installations, including units installed for the City of Scottsdale and Town of Gilbert. Keller Electrical provided and commissioned nineteen T300MVi drives in 2015 alone. Project Approach This offering is for (1) 1,250Hp T300MVi, which will operate (2) of the existing 600Hp pump motors and (1) JKSS4, which will operate (1) 600Hp pump motor. This approach was selected to provide a fountain height similar to the existing operation, while allowing additional height based on wind speed. Furthermore, operating (2) pumps on (1) VFD, which will allow running the pumps at slower speeds, will assist in generating a ROI that would never be achieved running the pumps at full speed as is the current method of operation. This proposed equipment is offered to be installed in the aforementioned portable E-building, which is intended to be installed on the NW exterior side of the pump house. The e-building dimensions are 10’W x 11’T x 30’L and will encompass the majority of the available space in this area. As part of this proposed installation, the existing de-commissioned pumping equipment will be removed and relocated as directed by Fountain Hills. KEI intends to partner with Omega Morgan, who specialize in industrial rigging, along with Maxim Crane for the removal of the existing equipment and subsequent installation of new. Included, as part of this budgetary proposal, is Toshiba literature for the T300MVi adjustable speed drive and JKSS4 solid state starter as well as a lift plan for the proposed E-building installation. Additional information can be provided upon request. Page 2 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 Toshiba 1,250hp T300MVi Adjustable Speed Drive description: T300MVi® Drive standard features: The proposed drive system includes the following features. • Input voltage: see equipment description for input voltage • Input voltage tolerance: ± 10% • Input frequency: 60 Hz or 50 Hz • Input frequency tolerance: ± 5% • Output voltage: see equipment description • Auxiliary power for cooling fans: 480 V, three-phase, 60 Hz (derived internally) • Control power: 120 V, single-phase, 60 Hz (derived internally) • Installation: in non-hazardous, unclassified area • Cooling: forced air-cooled • Input distribution class surge arrester • Input-fused disconnect switch with vacuum contactor; integral part of ASD assembly • Dry-type input isolation transformer with copper windings & electrostatic shield. Tertiary winding is included to provide auxiliary power to drive’s cooling fans. Transformer is an integral part of ASD assembly • Modular power cell construction for easier service & access • Multi-level PWM output waveform • Analog inputs: two (2) selectable voltage or current input signals • Analog outputs: eight (8) selectable voltage & current output signals with programmable functions • Digital inputs: eight (8) digital inputs with programmable functions • Digital outputs: six (6) digital outputs with programmable functions • Control: V/Hz, sensor-less vector control, closed-loop vector control • Standard V/Hz control programming for smooth operation of the motor & optimal performance • Speed regulation: ± 0.5% without encoder feedback; ± 0.01% with encoder feedback • Variable torque applications with 115% overload capability for one (1) minute (some ratings are limited to 110% overload capability) • Constant torque applications with 150% overload capability • Acceleration/deceleration: 0.1 to 6000 seconds • Graphical backlit LCD display: ability to display multiple parameters on one screen. Software is flash-upgradeable. Includes multi-function rotary encoder & Ethernet PC interface • LED indications: status LED to indicate ready (green), running (red), alarm (slow-blinking), fault (fast-blinking); LED indicating remote/local mode • Keys: local/remote, monitor/program, run, enter, escape, stop/reset, up, down • Push buttons: emergency stop, reset, interlock • Selector switch “OPEN/CLOSE”, pilot lights for input contactor closed & input contactor open • Electrical performance: NEC, ANSI • Components & others: NEC, NEMA, UL, cUL • IEEE 519 compliant at drive input terminals • Standard factory testing • Input: 2400V / 3Φ / 60 Hz • Output: 0-2400V / 3Φ/ 0-60Hz • Drive output current: 269A, sized to operate two 600HP induction motors at one time each with a rated current of 132 FLA, and operating at 130 amps. • 115% Overload current for one minute every twenty minutes • NEMA 1 Enclosure, Frame D2 Page 3 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 Toshiba Motor Control Center and 600hp JKSSS4 Solid State Starter description: Solid State Starter The digitally controlled keypad operator and OLED display makes the starter easy to program. Closed loop microprocessor-based control optimizes the ramping characteristics to insure smooth, stepless acceleration. Premium operating, monitoring and protective features provide reliable, trouble-free operation even in the most demanding applications. All adjustments are made on the keypad, which allows an operator to make adjustments without being exposed to line voltages. The low voltage components are front panel accessible for simple and safe routing inspection and maintenance. The power section consists of interchangeable, independent phase assemblies using selected SCRs balanced for smooth motor starting and stopping. The medium voltage sections are isolated from the low voltage compartment for safety. Standard Features • Soft Start • Motor Overload Protection (Solid State) • 500% - 60 seconds, 600% - 30 seconds • Vacuum Bypass Contactor (Toshiba model HCV-5HA) Control and Display • Digital Microprocessor • LED Status and Alarm Display with 12 LEDs • POWER – Indicates control power is present • RUN – Indicates unit/motor is running • ALARM – Lights in conjunction with AUX 2 to indicate event or warn of possible critical condition • TRIP – Lights in conjunction with AUX 1 to indicate a critical condition has occurred. • AUX 1-8 – Auxiliary unit relays • Keypad operator interface: 2 line x 20 character OLED display • Non-volatile memory • Opto-isolated Inputs • Est. heat rejection at full load: 33.5kW • Drive Dimensions: 103.7’’H x 122.0’’W x 43.4’’D • Drive Weight: 11,300 lbs. • Rated temperature: 0°C to 40°C • Rated altitude <1000 m • Optional Items: (options included in as part of this proposal • Ethernet TCP/IP communication card 4-20mA isolation transducers for: 3) x analog output (1) x analog input Input configuration: • 24-pulse Indoor ASD: M3A • NEMA 1 enclosure suitable for indoor installation. Enclosure with gaskets & inlet air filters • Cabinet paint color: ANSI 61 grey • Ambient conditions: 0° to 40°C temperature, 5 to 95% humidity (non-condensing), altitude up to 1000 meters Page 4 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 • Auxiliary contacts – Form C, 5A @ 240Vac max. Adjustments • Motor Full Load Ampere (FLA) • Dual Adjustments – Two independent settings for • Initial Voltage: 0 – 100% of nominal voltage • Current limit: 200 – 500% of motor FLA • Accel Time: 1 – 120 seconds • Decel Time: 1 – 60 seconds • Three custom acceleration curves • Jog: 5 – 75% Voltage • Kick Start: 10 – 100% Voltage, 0.1 – 2 seconds • Coast Down (Back Spin) Lockout Timer: 1 – 10 successful starts per hour • Starts-per-hour Lockout Timer: 1 – 60 minutes between start attempts • Undercurrent Trip: 10 – 90% or disable (with adjustable trip delay 1 – 60 sec.) • Overload Reset – Selectable Manual or Automatic • Two 4-20mA Analog Outputs: Selectable from OFF, RPM, Hottest Non-Stator RTD, Hottest Stator RTD, RMS Current, % of Motor Load, and kW. Motor and Starter Protective Features • Electronic Overload: Retentive Memory & Dynamic Reset Memory • Phase Imbalance/Single Phase • Short Circuit • Phase Reversal/Phase Sequence • RTD Temperature • Overcurrent • Undercurrent/Loss of Load • Starts-per-hour • Starter Overtemperature • Shorted SCR • Undervoltage • Overvoltage Maintenance Data • Fault Indications: Shorted SCR, Phase Loss, Shunt Trip, Phase Imbalance, Phase Rotation, Overload, Overtemp, Overcurrent, Short Circuit, Load Loss, Stator Phase Trip, RTD Trip, and Any Trip • Coast Down Time • Starts-per-hour • Time Between Starts • Any Lockout • Event History – Up to 60 events. Data includes cause, date, time, phase and ground current. Metering • Percent of FLA • Phase Currents (A, B & C) • Average Current • Line Voltage (Vab, Vbc & Vca) • Remaining Thermal Register Page 5 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 • Thermal Capacity to Start • Average Start Time • Average Start Current • Measured Capacity to Start • Time Since Last Start • Line Frequency • Phase Order • Motor RPM • kW, kVA, kVAR, PF, MWHr • kW Demand, kVA Demand, kVAR Demand, Amps Demand - (All Date & Time Stamped) Bill-of-Material (Left to Right Facing MCC Front) 1 - 15” W VFD output section (customer to cable from VFD output into this section, cables not included) 1 - 30” W VFD motor output section (Motor 01 & 02) with: 1 - VFD output bus compartment (middle rear) with: 3 - Output bus, tin-plated, non-insulated copper, 1200A 1 - Ground bus, bare copper, 600A 2 - Medium voltage compartments (top & bottom), each with: 1 - Isolation switch on the line side with visible disconnect, grounded in the open position 1 - Fix-mounted vacuum contactor, 400A, Toshiba Model HCV-5HA, 7000A short circuit interrupting capacity, 60kV BIL 1 - Three phase current transformer 1 - Separate, isolated, low voltage compartment (middle) with: 2 - Solid state electronic motor protection relays, Multilin 369 w/RTD Option (non-metering) 2 - Open pilot lights (green) 2 - Closed pilot lights (red) 1 - 30” W VFD motor output section (Motor 03) with: 1 - Main VFD output bus compartment (middle rear) with: 3 - Output bus, tin-plated, non-insulated copper, 1200A 1 - Ground bus, bare copper, 600A 1 - Medium voltage compartment (top) with: 1 - Isolation switch on the line side with visible disconnect, grounded in the open position 1 - Fix-mounted vacuum contactor, 400A, Toshiba Model HCV-5HA, rated 360A ventilated, 7000A short circuit interrupting capacity, 60kV BIL 1 - Door trip button (interlocked with SSS input isolation contactor) 1 - Medium voltage compartment (bottom) empty 1 - Separate, isolated, low voltage compartment (middle) with: 1 - Solid state electronic motor protection relay, Multilin 369 w/RTD Option (non-metering) 1 - Open pilot light (green) 1 - Closed pilot light (red) 1 - 15” W Motor No. 03 load connection section with: 1 - Three phase current transformer 3 - Motor cable termination pads 1 - 30” W SSS output section (for Motor 03 only) with: 1 - SSS output bus compartment (middle rear) with: 3 - Output bus, tin-plated, non-insulated copper, 1200A 1 - Ground bus, bare copper, 600A 1 - Medium voltage compartment (bottom) with: 1 - Isolation switch on the line side with visible disconnect, grounded in the open position 1 - Key interlock switch, keyed to SSS output isolation switch Page 6 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 1 - Key interlock switch, keyed to SSS input isolation switch 1 - Fix-mounted vacuum contactor, 400A, Toshiba Model HCV-5HA, rated 360A ventilated , 7000A short circuit interrupting capacity, 60kV BIL 1 - Door trip button (interlocked with VFD M03 contactor) 1 - Medium voltage compartment (top) empty 1 - Separate, isolated, low voltage compartment (middle) with: 1 - Solid state electronic motor protection relay, Multilin 369 w/RTD Option (non-metering) 1 - Open pilot light (green) 1 - Closed pilot light (red) 1 - 30” W Solid State Starter with: 1 - Main bus compartment-(middle rear) with: 3 - Main bus, tin-plated, non-insulated copper, 1200A 1 - Ground bus, bare copper, 600A 1 - Medium voltage compartment (bottom) with: 1 - Isolation switch on the line side with visible disconnect, grounded in the open position 1 - Key interlock switch, keyed to M03 output isolation switch 1 - Key interlock switch, keyed to SSS output isolation switch 1 - Fixed mounted, input isolation, vacuum contactor, 400A (rated 360A ventilated), Toshiba Model HCV-5HA, 7000A short circuit interrupting capacity, 60kV BIL, NEMA E2 ratings: 2300/200MVA (50kAIC) 3 - Current limiting fuses, R rated for motor starting 2 - Control power transformers (500VA each), with primary and secondary fuses, 120Vac control power 1 - Medium voltage compartment (top), with: 1 - Solid state starter SCR stack with internal CT for automatic bypass 1 - Medium voltage compartment (middle) with: 1 - Fix mounted, bypass, vacuum contactor, 400A, Toshiba Model HCV-5HA 1 - Separate, isolated, low voltage compartment (middle) with: 1 - Solid state starter control module 1 - Keypad/display panel (door mounted) 1 - Run (red) pilot light (door mounted) 1 - Off (green) pilot light (door mounted) 1 - 15” W Main incoming/VFD input connection section (customer to cable from section to VFD input, cables not included) with: 1 - Control power transformer (2000VA, 2300:120Vac), with primary fuses, for M01, M02, M03 & SSS output unit control power Miscellaneous Features Built-in Test circuit Mechanical and Electrical interlocks NEMA type 1 Ventilated enclosure Dimensions (ea.): 90”H x 165”W x 36”D Weight (ea.): Approx. 7600 lbs. Color: ASA 61 gray Page 7 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 OUTLINE DRAWING – MV MCC & SSS Atkinson Industries Shelter Description: Base Specifications: Base Style: Deck Base Base Size: 10' Wide Exterior x 30' Long Exterior Major Frame Member Size: C15 x 33.9 Channel Minor Frame Member Size: C10 x 20 Channel Lifting Frame Member Size: C15 x 33.9 Channel Frame Member Material: Carbon Steel Weight Load: 250 Lbs/Foot Deck Plating: 1/4" Smooth Plate Carbon Steel Welding Method: Stitch Welded to Frame, Seam Welded at Plate to Plate Seams, Skip-Stitch Welded to all Major, Minor, and Sub Frame Members Base Finish: 2 mil Primer Undercoat, White Trim Deck Finish: 2 mil Primer Undercoat & Grey Epoxy Non-Skid Insulation: 10.25" Fiberglass Batt with (R-30 Rating) with 18 GA Galvanized Belly Pan and Mastic Coating Lifting Provisions: Four (4) Bolt-On Removable Lifting Lugs Page 8 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 Wall & Roof Specifications: Shelter Style: Modular Roof Style: Shed Wall Size: 10' Interior Ceiling Height x 10' Wide Exterior x 30' Long Exterior Wall Material: 16 Gauge G90 Galvanized Interlocking Panels Roof Material: 12 Gauge G90 Galvanized Interlocking Panels "No Welded Seams" Ceiling Material: 16 Gauge G90 Galvanized Interlocking Panels Interior Wall Liner Style: 16 Gauge G90 Galvanized Flat Panel Wall Insulation: 3" Fiberglass Batt (R-13 Rating) Roof Insulation: 6" Fiberglass Batt (R-19 Rating) Interior Finish: 2 mil Primer Coat & White Polyurethane Final Coat Exterior Finish: Seam Caulk Sealant with 2 mil Primer Coat & White Polyurethane Final Coat Roof Trim Finish: 2 mil Primer Coat & White Polyurethane Final Coat Double Door Specifications: Door Style: Double Hung, Left Hand Hinge, Outward Opening Door Size: 6'W x 8'H x 1 3/4" (Qty. 1) with (6' x 2') Removable Transom Door Material: 14 Gauge G90 Galvanized Flat Panel Door Jam: Integrated 14 Gauge G90 Galvanized Steel Interlocking Jams Door Trim: Adjustable Neoprene Gasket on Aluminum Frame Threshold: Stainless Steel Step Plate (Qty. 1) Door Closure & Stop: 12" Aluminum Body Pneumatic Actuator with Hold Open Device (Qty. 1) Panic Bar: Stainless Steel Hardware with Thumb-Style Lock & Two (2) Keys (Qty. 1) Chain and Foot Latch: Stainless Steel (Qty. 1) Door Insulation: 1 1/2" Thermax Foam Board, (R-10.1) Rating Door Finish: 2 mil Primer Coat & White Polyurethane Coat Door Specifications: Door Style: Single Hung, Left Hand Hinge, Outward Opening Door Size: 4'W x 8'H x 1 3/4" (Qty. 1) Door Material: 14 Gauge G90 Galvanized Flat Panel Door Jam: Integrated 14 Gauge G90 Galvanized Steel Interlocking Jams Door Trim: Adjustable Neoprene Gasket on Aluminum Frame Threshold: Stainless Steel Step Plate (Qty. 1) Door Closure & Stop: 12" Aluminum Body Pneumatic Actuator with Hold Open Device (Qty. 1) Panic Bar: Stainless Steel Hardware with Thumb-Style Lock & Two (2) Keys (Qty. 1) Door Insulation: 1 1/2" Thermax Foam Board, (R-10.1) Rating Door Finish: 2 mil Primer Coat & White Polyurethane Coat Page 9 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 Shelter Accessories: (4) 4-Hole S/S Ground Pads (1 Set) Structural Cad Drawings with (KS) PE Stamp Itemized Electrical Equipment: ITEM QTY MFG MFG PART #DESCRIPTION 1 1 Cutler-Hammer PRL1A Panelboard, 120/208VAC, 3 Phase, 4 Wire, 100A Main breaker and (12) 20A 1P bolt-n breakers, NEMA 1 Surface mount 2 1 Cutler-Hammer PRL3A Panelboard, 480VAC, 3 Phase, 3 Wire, 300A Main Breaker, (10) 30A 3P & (1) 600A 3P bolt-on breakers, NEMA 1 surface mount 3 1 Cutler-Hammer V48M28T30CUEE/ WS38 30 KVA Three Phase Transformer, 480V Primary, 120/208Y Secondary, Coppper winding, with weather shield 4 6 Lithonia AFP 2 54T5HO MVOLT GEB10PS Industrial Fluorescent Fixture, 120VAC with (2) F54T5HO lamps, surface mount 5 12 GE OR Equal F54W/T5/841/WM/ ECO Fluorescent Lamps 6 2 Pass & Seymour PS20AC3-I Industrial Grade 3 WAY Wall Switch, 20 AMPS, 120/277V, Ivory 7 2 Lumark HPWM-70P Exterior Wall Pack Fixture, 120VAC, 70W HPS with photocell 8 10 Pass & Seymour CR20I Interior duplex receptacle, commercial grade, 120 VAC, 20 AMPS, NEMA 5-20R, ivory 9 2 Lithonia LQM S W 3 R ELN 120/277 Exit sigh LED, 120 VAC, white thermoplastic housing, red letters 10 2 Lithonia ELM2 Emergency light, 10.8 WATTS @ 90 minutes 11 2 Kidde 46620620 Fire extinguisher, dry chemical, 20LB, Class ABC, UL Rating 6A:80B:C, with wall mount bracket 12 2 Bard W70A2- C00XXXXXJ 6 Ton wall mount HVAC, cool only, R410A refrigerant, 460/60/3 13 2 Bard 30X10-VH Supply grill Page 10 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 14 2 Bard 30X16-RCBF Return grill 15 2 Bard NA Return to air filter for 3 -1/2 to 5 Ton HVAC unit, 30 day disposable 16 2 Bard EHWA05A-C09 WA423-701C 9KW heat package 17 2 Cutler-Hammer DH361URK Heavy duty safety switch, 240/480 VAC, 30A, 3 pole, non-fusible, NEMA 3R 18 1 Bard TEC40 Lead/lag controller (4) HVAC units 1 Exclusions and Clarifications a. Only work, equipment, and materials explicitly stated in this document are part of this proposal. KEI accepts the responsibility for the coordination and furnishing of small and incidental equipment and services normally associated with this type of work and for coordination with other disciplines. Any additional significant equipment, materials, or services will be furnished only upon execution of a change order. b. All other equipment and services not specifically mentioned in this scope of work nor defined above shall be the responsibility of others. 2 Schedule a. Approval Drawings: 2 – 4 weeks ARO b. Shipment: 18 – 20 weeks after drawing approval c. Installation: 3 – 5 days d. Start-up and Commissioning: 2 – 4 days 3 Taxes and Freight a. MRRA (Maintenance, Repair, Replacement, Alteration) Contracts: We have identified this scope of work to be performed as maintenance, repair, replacement or alteration activities, in accordance with Arizona Revised Statutes (A.R.S.) Section 42-5075. As a result, transaction privilege taxes are the responsibilities of KEI. b. Unless noted differently, this proposal includes freight cost for delivery of KEI manufactured or purchased products to the project site. 4 Payment Terms and Conditions a. KEI will submit monthly progress payment invoicing in an AIA format b. 25% of project fee after receipt of purchase order c. 30% of project fee after release of equipment for manufacturing d. 35% of project fee after shipment of equipment e. 10% of project fee after installation startup and commissioning 5 Equipment Fee Total net price as defined: $749,450 Page 11 of 11    Keller Electrical Industries, Inc. | www.kellerelectrical.com | P.O. Box 60485 | Phoenix, AZ 85082 | D: 602-437-3015 | F: 602-437-8163 KEI appreciates the opportunity to furnish this proposal. We have made every effort to assure that the proposed equipment and services will satisfy your requirements and meet or exceed your expectations. Should you have any questions, comments, concerns or require further clarification, please feel free to contact me at your convenience. Rob Rayl Sr. Project Manager Keller Electrical Industries, Inc. 1881 E. University Dr. Phoenix, AZ 85034 Cell: 602-501-8516 (AT&T) rrayl@kellerelectrical.com  Small Footprint  Reduced Component Count  IEEE-519 1992 Compliant with 24-Pulse Harmonic Cancellation  Additive PWM Output Voltage with No Neutral Shift  May be Used with Standard Motors  Ten-Year Mean Time Between Failures MEDIUM VOLTAGE DRIVES T300MVi T300MVi Specifications Standard Specifications Item Voltage Class 4160 V Drive Rating (A): 62 74 87 99 112 124 155 186 217 248 279 310 372 434 496 558 620 4160 Drive Output (KVA): 447 536 625 715 804 893 1116 1340 1563 1786 2010 2233 2680 3126 3573 4019 4466 Nominal HP 4160 V** 500 600 700 800 900 1000 1250 1500 1750 2000* 2250 2500 3000 3500 4000 4500 5000 Dimensions H x W x D (in) 104 x 74 x 44 104 x 122 x 44 104 x 164 x 50 104 x 174 x 50 104 x 222 x 50 Voltage Class 2400 V Drive Rating (A): 64 75 86 97 107 129 150 172 193 215 269 322 376 430 504 537 2400 V Drive Output (KVA): 268 313357402447536625715804893 1116 1340 1563 1786 2010 2233 Nominal HP 2400 V**300 350 400 450 500 600 700 800 900 1000 1250 1500 1750 2000 2250 2500 Dimensions H x W x D (in.) 104 x 74 x 44 104 x 122 x 44 104 x 174 x 50 104 x 222 x 50 Power Requirements Output Frequency (Hz) 0 to 120 Hz Main Circuit Three-Phase 4160 V Input Isolation Transformer 24-Pulse Design with Input-Fused Disconnect and Vacuum Contactor, IGBT Output Control Circuit Integral to Main Transformer; Includes 120 & 460 V Tolerance Voltage: ± 10%; Frequency ± 5% Control Specifications Input Control Method Multi-Level Pulse Width Modulated (PWM) Output Control Frequency Precision Analong Input: ± 0.5% of Maximum Output Frequency; Digital Input: 0.01% V/F Control V/Hz, Sensorless Vector Control, Variable Torque, Closed-Loop Vector Control, Constant Torque (Option) Acceleration/Deceleration 0.1 to 6000 Seconds Main Control Functions Soft Stall (Automatic Load Reduction Control During Overload) Restart into Rotating Motor Main Protective Functions Current Limit, Overcurrent, Overcharge, Overload, Undervoltage, Overvoltage, Ground Fault, CPU Error, Abnormal Cooling Fan Data Transmission Ethernet, Optional Profibus, Modbus RTU, Modbus, TCP/IP, TOSLINE-S20, and DeviceNet Available Overload Ratio 115% FLA for 60 Seconds (2000 HP, 4160 V, 110%)* Interface Liquid Crystal Display/ Electronic Operator Interface (LCD EOI ) 4 x 20 Graphical Backlit LCD Display; Ability to Display Multiple Parameters on One Screen; Flash-Upgradeable Software Includes Multi-Function Ro tary Encoder & Ethernet PC Interface LED Indications Run (Red)/Stop (Green), Remote/Local, Indication of Inverter Status Keys Local/Remote, Monitor/Program, Run, Enter, ESC, Stop/Reset, Up, Down Push Button Illuminated Interlock and Fault Reset Push Buttons Analog Outputs Eight Selectable Voltage or Current Output Signals with Programmable Functions Analog Inputs Two Selectable Voltage or Current Input Signals Digital Inputs Eight Digital Inputs with Programmable Functions Digital Outputs Six Available Digital Outputs with Programmable Functions (One Internal to Drive) Construction Enclosure NEMA 1, IP20, IEC-529, Gasketed and Filtered Panel Construction Free-Standing, Front-Maintenance Type, Top or Bottom Access for Motor and Power Cables Cooling Forced-Air Cooled with Optional Redundant Fans Color ANSI-61 Gray Ambient Conditions Ambient Temperature 0˚ to 40˚C; 32˚ to 104˚F Humidity Maximum 95% (Non-Condensing) Altitude 1000 Meters Above Sea Level or Less Installation Indoor, No Direct Sunlight, Protect from Corrosive Gases, Explosive Gases Typical Applications Fan, Blower, Pump, Compressor, Extruder, Options for Submersible Pumping Applications Standards Electrical Performance: NEC, ANSI Components and Others NEC, NEMA, UL **Typical HP Rating of 4-Pole Motor; Contact Factory for Applications on Constant Torque Loads Built in Harmonic Reduction, Without Filtering or Concern for Long Lead Lengths Toshiba’s T300MVi contains specially designed transformer and rectifier schemes that provide phase-shift cancellation capabilities, eliminating issues concerning harmonic injections into bus-fed equipment. Instead, the T300MVi medium voltage drive simply looks like a linear load on the incoming AC line. The drive also exceeds IEEE-519 requirements without the addition of any harmonic filters. Other Benefits:• Topology Provides Isolation from Ground Faults and Line Surges• Design Obtains Higher Displacement Power Factor (0.96) than Running Motor Across the Line• Motor Torque Ripple Negligible Due to Extremely Small Harmonic Current Contents, Reducing Need for Damping Devices, e.g., Couplings, Flywheels• Reduces Possibility of Drive-Induced Torsional Vibration in Driven Equipment Diagram represents standard product offering: T300MVi medium voltage drive 1000 to 2000 HP, 4160 V Input. This product was designed to have one of the smallest footprints offered by any manufacturer. Stable Speed Control Without a Speed-Sensing Device • Provides V/Hz or Vector Control Performance Without a Motor-Mounted Digital or Analog Sensor• Controls Industrial Processes Utilizing an Internal, High Speed Algorithm• Capable of Closed-Loop Vector Control for Super High Performance Applications Continuous Operation During Momentary Power Failures • Operates with 30% Undervoltage Condition (Trip Time Based on Drive Overload)• Five-Cycle Ride-Through During Complete Outages• Contains Automatic Ride-Through Control• Allows Restarting into Rotating Load upon Restoration of AC Line Power Following Total Power Loss TOSVERT-300MVi NPC ADJUSTABLE SPEED DRIVE 2000 HP 4.16 KVLeft Side View Right Side View T300MVi Specifications Highly Advanced Control Systems The T300MVi drive includes advanced electronics to reduce chip count and increase performance and reliability. This feature alone makes this product the highest quality and most reliable in the industry. • Control Circuitry Includes Industry Leading Toshiba PP7 High Speed Processor Using 32-Bit CPU• Enhanced Reliability through Surface-Mount and Multi-Level Printed Circuit Board Technology Designed with the Customer in Mind The T300MVi proves that medium voltage drive process control programming does not have to be complex. The operator panel and electronic interfaces combine to make programming processes quick, simple, and easily modified. Keypad and Display Include: • Front-Mounted Control Panel with Eight-Line, Graphical, Nine- Key, Large LCD for Monitoring Operations, Diagnostics, & Trouble Shooting Optional Electronic Interfaces: • Utilize Fiber Optic and RS232 Ports for Data Transmission• Offer Toshiba Tosline®S-20 Communication Protocol• Offer DeviceNet®, Profibus®, or Other Communication Protocol as Optional Connectivity Features The T300MVi Medium Voltage Drive -- Capable of Using a Windows® Interface for Easy Start-up and Monitoring Menu-Driven, Windows®-Based:• Programming of Parameters Prior to and During Installation• Adjustment Support: – Block Diagram Display (Adjustment, Maintenance, Diagnosis) – Bar Graph Display – Test Operation – Report of Adjustment Data• Data Loading/Saving/Editing • Trouble-Shooting • Trace Back• On-Line Manual• Trend Display• First Fault Display• Trouble Record• Saving & Loading Set Data IGBT Technology: Tried and True Over the years IGBT technology has proven to be the most reliable and best performing means of speed control in low voltage drives. Toshiba has mastered this technology, and continues to excel at it. The T300MVi is designed using both diodes and IGBTs in the main power circuit. We offer a control circuit topology providing higher performance than our competition while using fewer parts. What does this mean to our customers? Plain and simple -- fewer parts equals lower maintenance. This philosophy is integrated into our modular vertical design to provide power module interchangeability and smaller footprints than offered by competitors. Other Advantages of IGBT Technology: • Inherent Short Circuit & Ground-Fault Immunity at Output• Lower Gating Power Requirements• Small Snubber Circuitry Required Multi-Level PWM Output Closely Simulates True Sinewave The T300MVi drive employs several layers of switching devices to provide a smooth output wave to the motor. The multi-step output closely simulates sine wave shape , virtually eliminating motor failures due to insulation stress and long lead-length issues. The T300MVi drive’s topology allows retrofitting to existing medium voltage motors without upgrading motor insulation. It also:•Eliminates Need for an Output Transformer, Reducing Cost & Size•Allows Use of Standard Bearings Without Grounding or Isolation Means•Operates Motor at Design Rating (Maximum)•Enables Easy Retrofit All T300MVi drives use a three-power module design for reduced MTTR. The special racking mechanism extends from the drive to allow module inspection. In addition, the drive does not contain fans, contactors, or large electrolytic capacitors. Toshiba guarantees the T300MVi product line will meet or exceed IEEE-519 standards at input to the drive. As a result, the drive appears to be a linear load to the power system. The T300MVi design eliminates the need for costly and time-consuming harmonic analysis. Output Voltage Output Current INTEGRAL TRANSFORMER OIL FILLED CAPACITOR DIODE RECTIFIER IGBT CELL X3 Medium Voltage Motor G7 Drive *MVDT300Mvi080210* ADJUSTABLE SPEED DRIVES MOTORS CONTROLS UPS INSTRUMENTATION PLC INDUSTRIAL DIVISION 13131 West Little York Road, Houston, Texas 77041 Tel 713/466-0277 Fax 713/466-8773 US 800/231-1412 Canada 800/872-2192 Mexico 01/800/527-1204 www.toshiba.com/ind Copyright 2/2008 Available Through: TOSHIBA - Quality by Design Our company culture and history are strongly rooted in quality. Our designs are technologically innovative and our products are manufactured from start to end using only the highest quality foreign and domestic parts. Product Warranty Toshiba offers a comprehensive warranty program on its full line of industrial products. Consult your salesperson or the factory for specific information. Need to Know More? Be sure to visit our website located at www.toshiba.com/ind for the latest information on Toshiba products. Customer Support Services Toshiba offers 24-hour service nationwide. For assistance of any type call: 1-800-231-1412. North American Headquarters & Manufacturing Facility (Houston, TX) JK Series POWER DISTRIBUTION Solid State Starters Medium Volta g e 200-400-600 - 7 2 0 A CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net The low voltage section is oversized and is at a convenient height. This section is isolated from the medium voltage section. Digital Control Module LCD Display (two lines) and Status LEDs (Power, Run, Alarm, Aux. Relays) Programming Keypad (Non-volatile Memory) Isolated Low Voltage Compartment Visible, Bolted Pressure, Isolation Switch Less Resistance Less Wear Zero Insertion Pressure Mechanical Interlocking System Adjustments Motor Full Load Ampere (FLA) Dual Adjustments - Two independent settings Initial Voltage 0 - 100% of nominal voltage Current Limit 200 - 500% of motor FLA Acceleration Time 1 - 120 seconds Deceleration Time 1 - 60 seconds Three custom Accel curves Jog: 5 - 100% Volt., 1 - 20 sec., Current 100 - 500% Kick Start: 10 - 100% Voltage, 0.1 - 2 sec. Coast Down (Back Spin) Lockout Timer 1 - 60 min. Starts-per-Hour Lockout Timer 1 - 10 successful starts per hour 1 - 60 min. between start attempts Undercurrent 10 - 90% (with adjustable trip delay 1 - 60 sec.) Overload Reset - Selectable Manual or Automatic Two 4 - 20 mA Analog Outputs: Selectable from Off, RPM, Hottest Non-Stator RTD, Hottest Stator RTD, RMS Current, % of Motor Load The JKSSS Series of motor starter is the result of extensive research and development. This streamlined, space saving design (only 30" wide) provides the ultimate in maintenance ease and safety features. These medium voltage solid state starters are available for the control of induction, wound rotor or synchronous motors, up to 6.9kV. All starters are designed to meet NEMA Class E2 requirements. Features z Soft Start z 125% Continuous Duty z 500% - 60 Seconds, 600% - 30 Seconnds z 30" Wide Footprint z Digital Microprocessor Control z LCD Display w/Programming Keypad z Toshiba Medium Voltage Vacuum Contactors, for Bypass and Input Isolation z Incoming, 400A JK Disconnect Switch - Bolted Pressure Switch Connections z Current Limiting, High Interrupting Capacity, "R" Rated Motor Starting Fuses z Two Stage Solid State Motor Protection Starting: Programmable for Class 5 through 30 Running: Programmable for Class 5 through 30 z Control Power Transformers with Primary and Secondary Fuses z NEMA Type 1 Enclosure z Separate Medium and Low Voltage Compartments z Mechanical and Electrical Interlocks SOLID STATE STARTER JKSSS4+ Series Options Maintenance Data If UL or CUL is required, specify when ordering. Consult Factory for applicable models and options. z Drawout Input Isolation, Vacuum Contactor z NEMA Type 12 or 3R Enclosure z 1200 or 2000A Main Copper Bus z Available in MCC Lineups with Other JK Series Starters (FVNR, FVR, RVAT, Synchronous, Etc.) z Available in MCC Lineups with Main Incoming Disconnect Switch or Toshiba Vacuum Circuit Breaker z The soft start is available as a controller only for users which already have an existing full voltage starter (disconnect switch, main power fuses & contactor) and wants to add reduced voltage starting and soft stop features. z PFC Contactor - Vacuum contactor for switching Power Factor Correction Capacitor. z Manual (Full Voltage) Bypass Selection with solid state protection (2E) or bimetallic overload. z Fault indications: Shorted SCR, Phase Loss, Shunt Trip, Phase Imbalance, Phase Rotation, Overload, Overtemp, Overcurrent, Short Circuit, Load Loss, Ground Fault, Stator Phase Trip, RTD Trip, or Any Trip z Coast Down Time z Starts per Hour z Time Between Starts z Event History - Up to 60 events. Data includes cause, date, time, phase and ground current. Additional Features Serial Communication Port: RS485 or RS422 with Modbus RTU Protocol or RS485 or RS422 with Windows Interface Rugged Gate Firing Circuit Using Ring Transformer Opto-isolated Inputs Auxiliary Contacts - Form C, 5A @ 240Vac max. CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net Toshiba's JKSSS4 series complies with EEMAC, NEMA, UL and CSA standards and is available in non-reversing and reversing, multi-speed, synchro- nous and wound rotor configurations. The JKSSS4 series is available in the following enclosed ratings: 360 Amps Max. 2300-6900 Volts Short Circuit & Withstand Capability Approximate Maximum Horsepower Based on Continuous Current SOLID STATE STARTER JKSSS4+ Series z Electronic Overload: Retentive Thermal Memory Dynamic Reset Memory z Phase Imbalance/Single Phase z Short Circuit z Ground Fault - Optional z RTD Temperature z Phase Reversal/Phase Sequence z Overcurrent z Starts-per-Hour z Shorted SCR z Undercurrent/Loss of Load z Starter Overtemperature z Shorted SCR z Undervoltage z Overvoltage Protective Features Continuous Current Enclosure Type Max. Continuous Amps* 90" One-High Controller Type 1 Ventilated 360A Type 12 Ventilated w/ Fans & Type 12 Filters 310A Type 1 Non-Ventilated 300A Type 12 & 3R 300A Interrupting Capacity (Symmetrical Amperes) Interrupting Capacity (Symmetrical MVA) Short Time Capability 30 Seconds (Amperes) Short Time Capability 1 Second (Amperes) Dielectric Withstand 1 Minute (kVAC) Impulse Voltage Withstand (kV) 50,000 @ 2.3 - 6.6 kV 200 @ 2.3 kV 350 @ 4.0 kV 400 @ 4.6 kV 570 @ 6.6 kV 2400 6000 18.2 60 2300V 4200V 6600V 0.8 PF 1.0 PF 0.8 PF 1.0 PF 0.8 PF 1.0 PF 3601500 175015002500 300030004000 50004500 3201250 150012502250 250025003500 40004000 3001000 125010002000 250022503000 35003500 Synchronous Motors Induction Motors Enclosed Maximum Continuous Current (Amperes) Maximum Horsepower at Utilization Voltage Synchronous Motors Induction Motors Synchronous Motors Induction Motors If UL or CUL is required, specify when ordering. Consult Factory for applicable models and options. CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net The new JKSSS7+ Series of motor starter is the result of extensive research and development. These medium voltage solid state starters are available for the control of induction, wound rotor or synchronous motors up to 4.8kV. All control- lers are designed to meet NEMA Class E2 requirements. Features Isolated Low Voltage Compartment SOLID STATE STARTER JKSSS7+ Series Options z Soft Start z 125% Continuous Duty z 500% - 60 Seconds, 600% - 30 Seconds z Digital Microprocessor Control z LCD Display w/Programming Keypad z Toshiba Medium Voltage Vacuum Contactors, for Bypass and Input Isolation z Incoming, 720A JK Disconnect Switch - Bolted Pressure Switch Connections z Current Limiting, High Interrupting Capacity, "R" Rated Motor Starting Fuses z Two Stage Solid State Motor Protection - Starting: Programmable for Class 5 through 30 Running: Programmable for Class 5 through 30 z Control Power Transformers with Primary and Secondary Fuses z NEMA Type 1 Enclosure z Separate Medium and Low Voltage Compartments z Mechanical and Electrical Interlocks z NEMA Type 12 or 3R Enclosure z 1200 or 2000A Main Copper Bus z Available in MCC Lineups with Other JK Series Starters (FVNR, FVR, RVAT, Synchronous, Etc.) z Available in MCC Lineups with Main Incoming Disconnect Switch or Vacuum Circuit Breaker z The soft start is available as a controller only for users which already have an existing full voltage starter (disconnect switch, main power fuses & contactor) and wants reduced voltage starting and soft stop features. z PFC Contactor - Vacuum contactor for switching Power Factor Correction Capacitor. z Manual (Full Voltage) Bypass Selection with solid state protection (2E) or bimetallic overload. The low voltage section is oversized and is at a convenient height. This section is isolated from the medium voltage section. Digital Control Module LCD Display (two lines) and Status LEDs (Power, Run, Alarm, Aux. Relays) Programming Keypad (Non-volatile Memory) Visible, Bolted Pressure, Isolation Switch Less Resistance Less Wear Zero Insertion Pressure Mechanical Interlocking System Maintenance Data z Fault indications: Shorted SCR, Phase Loss, Shunt Trip, Phase Imbalance, Phase Rotation, Overload, Overtemp, Overcurrent, Short Circuit, Load Loss, Ground Fault, Tach Accel Trip, Stator Phase Trip, RTD Trip, or Any Trip z Coast Down Time z Starts per Hour z Time Between Starts z Any Lockout z Event History - Up to 60 events. Data includes cause, date, time, phase and ground current. Adjustments Motor Full Load Ampere (FLA) Dual Adjustments - Two independent settings Initial Voltage 0 - 100% of nominal voltage Current Limit 200 - 500% of motor FLA Acceleration Time 1 - 120 seconds Deceleration Time 1 - 60 seconds Three custom Accel curves Jog: 5 - 100% Volt., 1 - 20 sec., Current 100 - 500% Kick Start: 10 - 100% Voltage, 0.1 - 2 sec. Coast Down (Back Spin) Lockout Timer 1 - 60 min. Starts-per-Hour Lockout Timer 1 - 10 successful starts per hour 1 - 60 min. between start attempts Undercurrent 10 - 90% (w/1 - 60 sec trip delay) Overload Reset - Selectable Manual or Automatic Two 4 - 20 mA Analog Outputs: Selectable from Off, RPM, Hottest Non-Stator RTD, Hottest Stator RTD, RMS Current, % of Motor Load CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net Toshiba's JKSSS7 series complies with EEMAC, NEMA, UL and CSA standards and is available for induction, synchronous and wound rotor configurations. The JKSSS7 series is available in the following en- closed ratings: 600 & 720 Amps, 2300-4800 Volts, Up to 6,000 HP Continuous Current Short Circuit & Withstand Capability Approximate Maximum Horsepower Based on Continuous Current SOLID STATE STARTER JKSSS7+ Series Protective Features z Electronic Overload: Retentive Thermal Memory w/Dynamic Reset Memory z Phase Imbalance/Single Phase z Short Circuit z Ground Fault - Optional z RTD Temperature z Phase Reversal/Phase Sequence z Overcurrent z Starts-per-Hour z Shorted SCR z Undercurrent/Loss of Load z Starter Overtemperature z Shorted SCR z Undervoltage z Overvoltage Microprocessor Digital Control Unit (DCU) ** Programming Keypad: Operator Control System/Motor Protection Serial Communication (RS485) Statistical Data LCD status and alarm display with Twelve LEDs POWER - Indicates control power is present RUN - Indicates unit/motor is running ALARM - Lights in conjunction with AUX 2 to indicate event or warn of possible critical condition TRIP - Lights in conjunction with AUX 1 to indicate a critical condition has occurred. AUX 1-8 - Auxiliary unit relays ** Standard on all JKSSS4+ & JKSSS7+ models, 200-720A, 2300-6900V Metering ** Percent of FLA Phase Current (A, B & C) Average Current Ground Fault Current (w/Optional GF Protection) Remaining Thermal Register Thermal Capacity to Start Average Start Time Average Start Current Measured Capacity to Start Time Since Last Start Line Frequency Phase Order Motor RPM kW, kVA, kVAR, PF, MWHr kW Demand, kVA Demand, kVAR Demand, Amps Demand - (All Date/ Time Stamped) ** Standard on all JKSSS4+ & JKSSS7+ models, 200-720A, 2300-6900V Additional Features Serial Communication Port: RS485 or RS422 with Modbus RTU Protocol or RS485 or RS422 with Windows Interface Rugged Gate Firing Circuit Using Ring Transformer Opto-isolated Inputs Enclosure Type Maximum Continuous Amperes* One-High Controller Type 1 Ventilated 720 Type 1 Non-Ventilated 650 Type 12 & 3R 600 Interrupting Capacity (Symmetrical Amperes) Interrupting Capacity (Symmetrical MVA) Short Time Capability 30 Seconds (Amperes) Short Time Capability 1 Second (Amperes) Dielectric Withstand 1 Minute (kV) Impulse Voltage Withstand (kV) 50,000 @ 2.3 - 4.6 kV 200 @ 2.3 kV 350 @ 4.0 kV 400 @ 4.6 kV 4320 10,800 AC 13.25 DC 19 60 Maximum Horsepower at Utilization Voltage 2300 Volts, 3 Phase4200 Volts, 3 Phase 0.8 PF 1.0 PF 0.8 PF 1.0 PF 7203000 350030005500 60005500 6502750 300027505000 55005000 6002500 275025004500 50004500 Enclosed Maximum Continuous Current (Amperes) Induction Motors Synchronous MotorsInduction Motors Synchronous Motors CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net Typical Dimensions and Mechanical Layout for 2300-4200V, 360A Max. Starter Dimensions are for reference only.CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net Typical Dimensions and Mechanical Layout for 2300-4200V, 600A & 720A Starter Dimensions are for reference only.CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net Medium Voltage Motor G7 Drive ADJUSTABLE SPEED DRIVES MOTORS CONTROLS UPS INSTRUMENTATION PLC Available Through: TOSHIBA - Quality by Design Our company culture and history is strongly rooted on quality. Our designs are technologically innovative and our products are manufactured from start to end using only the highest quality foreign & domestic parts. Product Warranty Toshiba offers a comprehensive warranty program on its full line of industrial products. Consult your salesperson or the factory for specific information. Customer Support Services Toshiba offers 24 hour service nationwide. For assistance of any type, North America Headquarters & Manufacturing Facilities (Houston, TX) CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net Created with 3D Lift Plan         www.3dliftplan.com Crane Grove GMK6350 179' Main Boom at 33° Base: 100% Outriggers Counterweight: 220,400 lbs 145' Lift Radius (360°) Crane Capacity at 145' = 28,800 lbs Load Hook 1,350 lbs Sling (2) Spreader Bar Sling (4) Rigging 350 lbs Total Rigging Weight 1,700 lbs Load 19,800 lbs Total Load 21,500 lbs 75% of capacity 08/18/2016 Title Lift Plan Project Fountain Hills Pump Building Customer Omega Morgan Description Drawn By Robert Zola NOT ISSUED FOR CONSTRUCTION Not issued for construction. For pre-planning only. Page 1 of 13D Lift Plan 8/18/2016http://www.3dliftplan.com/Print/LiftPlan.aspx Created with 3D Lift Plan         www.3dliftplan.com Crane Grove GMK6350 179' Main Boom at 33° Base: 100% Outriggers Counterweight: 220,400 lbs 145' Lift Radius (360°) Crane Capacity at 145' = 28,800 lbs Load Hook 1,350 lbs Sling (2) Spreader Bar Sling (4) Rigging 350 lbs Total Rigging Weight 1,700 lbs Load 19,800 lbs Total Load 21,500 lbs 75% of capacity 08/18/2016 Title Lift Plan Project Fountain Hills Pump Building Customer Omega Morgan Description Drawn By Robert Zola NOT ISSUED FOR CONSTRUCTION Not issued for construction. For pre-planning only. Page 1 of 13D Lift Plan 8/18/2016http://www.3dliftplan.com/Print/LiftPlan.aspx Created with 3D Lift Plan         www.3dliftplan.com 08/18/2016 Title Lift Plan Project Fountain Hills Pump Building Customer Omega Morgan Description Drawn By Robert Zola NOT ISSUED FOR CONSTRUCTION Not issued for construction. For pre-planning only. Page 1 of 13D Lift Plan 8/18/2016http://www.3dliftplan.com/Print/LiftPlan.aspx Load Chart Project Fountain Hills Pump Building Customer Omega Morgan Description Grove GMK6350 Boom: Main Boom Jib:- Base:100% Outriggers Counterweight: 220,400 lbs Range: 360° Capacity: 85% Cap Chart ID: Boom Section Percentages Boom Length (ft)Boom Angle Jib Length (ft)Jib Offset Tip Height (ft) Lift Radius (ft) Capacity (lbs)Note 50-100-100-100 179 79.3°--187.4 30 75,000 50-100-100-100 179 77.7°-- 186.2 35 75,000 50-100-100-100 179 76°-- 184.9 40 75,000 50-100-100-100 179 74.3°-- 183.5 45 75,000 50-100-100-100 179 72.7°-- 181.9 50 75,000 50-100-100-100 179 71°-- 180.1 55 72,000 50-100-100-100 179 69.3°-- 178.1 60 68,000 50-100-100-100 179 67.5°--176 65 64,000 50-100-100-100 179 65.8°-- 173.7 70 60,000 50-100-100-100 179 64°-- 171.2 75 56,000 50-100-100-100 179 62.1°-- 168.5 80 53,000 50-100-100-100 179 60.3°-- 165.6 85 50,000 50-100-100-100 179 58.4°-- 162.5 90 47,000 50-100-100-100 179 56.5°-- 159.1 95 45,000 50-100-100-100 179 54.5°-- 155.5 100 42,800 50-100-100-100 179 52.5°-- 151.6 105 40,600 50-100-100-100 179 50.4°-- 147.4 110 38,800 50-100-100-100 179 48.2°-- 142.9 115 37,200 50-100-100-100 179 46°--138 120 35,400 50-100-100-100 179 43.7°-- 132.7 125 34,000 50-100-100-100 179 41.2°--127 130 32,600 50-100-100-100 179 38.7°-- 120.7 135 31,200 50-100-100-100 179 35.9°-- 113.8 140 30,000 50-100-100-100 179 33°-- 106.1 145 28,800 50-100-100-100 179 29.8°--97.4 150 27,200 50-100-100-100 179 26.2°--87.4 155 25,600 50-100-100-100 179 22.1°--75.5 160 24,400 This data is for reference use only. Operator must refer to in-cab charts to determine allowable lifting capacities. Page 1 of 13D Lift Plan 8/18/2016http://www.3dliftplan.com/Print/PrintLoadChart.aspx