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HomeMy WebLinkAbout170504P/��AIN�l {C� t'P o NOTICE OF THE r REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, MAY 4, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various 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. z:\council packets\2017\r170504\170504a.docx Last Printed: 4/24/2017 1:34 PM Page 1 of 3 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring May 7-13, 2017, as Municipal Clerks Week in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 6, 18, and 20, 2017. 2. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT #C2017- 109 with Vincon Engineering Construction, LLC, in the amount of $50,000 with four renewal terms at $50,000/term for a total contract amount of $250,000, for right-of-way repairs. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Arizona Municipal Clerk Association Conference (President Susan Stein) to be held at the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 8:00 AM to 5:00 PM on Tuesday, July 25, 2017; 8:00 AM to 5:00 PM on Wednesday, July 26, 2017; and 8:00 AM to 5:00 PM on Thursday, July 27, 2017. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Suzanna Henderson representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, for the purpose of a fundraiser, from 5:30 PM to 10:30 PM on Monday, June 5, 2017. z:\council packets\2017\r170504\170504a.docx Last Printed: 4/24/2017 1:34 PM Page 2 of 3 CONSIDERATION of approving a CUT WAIVER REQUEST by EPCOR to permit an area of 2,613 sq. ft. to have up to a maximum 24' deep visible cut for the construction and replacement of a potable water booster pump station, located at 11210 N. Fountain Hills Boulevard. Case #CFW2017-01 REGULAR AGENDA 6. CONSIDERATION of RESOLUTION 2017-12, setting forth the tentative budget and establishing the maximum budget amount for the Town of Fountain Hills for Fiscal Year beginning July 1, 2017, and ending June 30, 2018. The Council may address any or all items contained in the budget document and initiate any changes prior to the adoption. 7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. a. League of Cities and Towns Bulletin(s) 8. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 27a' day of April, 2017. IN I ITS r: 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\2017\rl70504\170504a.docx Last Printed: 4/24/2017 1:34 PM Page 3 of 3 /��AIN�l {C� t'P o NOTICE OF THE r REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, MAY 4, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various 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. z:\council packets\2017\r170504\170504a.docx Last Printed: 4/24/2017 1:34 PM Page 1 of 3 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring May 7-13, 2017, as Municipal Clerks Week in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 6, 18, and 20, 2017. 2. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT #C2017- 109 with Vincon Engineering Construction, LLC, in the amount of $50,000 with four renewal terms at $50,000/term for a total contract amount of $250,000, for right-of-way repairs. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Arizona Municipal Clerk Association Conference (President Susan Stein) to be held at the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 8:00 AM to 5:00 PM on Tuesday, July 25, 2017; 8:00 AM to 5:00 PM on Wednesday, July 26, 2017; and 8:00 AM to 5:00 PM on Thursday, July 27, 2017. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Suzanna Henderson representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, for the purpose of a fundraiser, from 5:30 PM to 10:30 PM on Monday, June 5, 2017. z:\council packets\2017\r170504\170504a.docx Last Printed: 4/24/2017 1:34 PM Page 2 of 3 CONSIDERATION of approving a CUT WAIVER REQUEST by EPCOR to permit an area of 2,613 sq. ft. to have up to a maximum 24' deep visible cut for the construction and replacement of a potable water booster pump station, located at 11210 N. Fountain Hills Boulevard. Case #CFW2017-01 REGULAR AGENDA 6. CONSIDERATION of RESOLUTION 2017-12, setting forth the tentative budget and establishing the maximum budget amount for the Town of Fountain Hills for Fiscal Year beginning July 1, 2017, and ending June 30, 2018. The Council may address any or all items contained in the budget document and initiate any changes prior to the adoption. 7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. a. League of Cities and Towns Bulletin(s) 8. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 27a' day of April, 2017. IN I ITS r: 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\2017\rl70504\170504a.docx Last Printed: 4/24/2017 1:34 PM Page 3 of 3 Whereas, The Office of the MunicipaCCCerk, a time honored andvitaCpart of Cocar government exists throughout the wor"- and 'Whereas, The Office of the MunicipaCCCerk is the oldest among public servants; and Whereas, The Office of the MunicipaCCCerk provides the professionaChnk between the citizens, the racalgoverning bodies andagencies ofgovernment at other levers; and 'Whereas, MunicipaCclerks have pledged to be ever mindfuCof their neutrality and impartiality, rendering equalservice to al(- and "Whereas, The MunicpaC Clerk serves as the information center on functions of CocaCgovernment andcommunity, and Whereas, Municoat'Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annuaCmeetings of their state, provincia6 county, and internationaCprofessional organizatiom and Whereas, it is most appn!priate that we recognize the accompCuhments of the Office of the MunicpaCCCerk; .9YU73; 2Y&XEr0RZ I, Linda M. Xavanagh, Mayor of the Town of Fountain I iCrs, .Arizona, do recognize the week of May 7 through May 13, tow, as MunicipaCCCerks Week, andfurther extendappreciation to our MunicpaCCferk, Bevelyn J. Bender, andto aCCMunicipaCCCerks for the vita'services they perform andtheir exemplary dedication to the communities they represent. IN79I-N£,SS7Y.N$7t2'Of I have hereunto set my handandcaused to be affixed the officiaCseaCof the Town of Fountain .Tullis, Maricopa County, Arizona this 4" day of May, 2017. PZ A1Ny / �I qov �r�tm Aida M. Kav 1 h, bfayor ° Attest: �'oo"' Bevelyn I. B o der,wnwn Clerk `SHIN QS) 7 ��ifhat is A'rt�Q� Meeting Date: 5/4/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 6, 18, and 20, 2017. 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: 4 U �`� Bevelyn Bender, Town Clerk 4/24/2017 Approved: Grady E. Miller Manager 4/25/2017 Page 1 of 1 Ally TOWN OF FOUNTAIN HILLS J�1 O z n TOWN COUNCIL R AGENDA ACTION FORM Meeting Date: 5/4/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, Street Superintendent, jweldy@fh.az.gov REQUEST TO COUNCIL. CONSIDERATION of approving Cooperative Purchase Agreement C2017-109 with Vincon Engineering Construction, LLC for right-of-way improvements in the amount of $50,000.00 (Initial Term) with four renewal terms for a total of $250,000.00. 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): The Shea Overlook (South side of Shea just East of Eagle Mountain) is used by motorist and local residents to view the valley. In the summer of 2016 a storm event washed-out a large area of the south facing slope. This contract will allow staff to make improvements to the drainage, and repair the slope. In subsequent years, Staff will select additional projects within the right- of -way for improvements or repairs. Risk Analysis (options or alternatives with implications): If the repairs are not approved and additional erosion occurs creating a safety hazard. Town staff will need to possibly close the overlook to the public and await direction as how to proceed with repairs. Fiscal Impact (initial and ongoing costs; budget status): $50,000.00 initial contract and $250,000.00 over the life of the contract. Budget Reference (page number): 336 Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Motion to approve Contract C2017-109 with Vincon Engineering Construction, LLC for right-of-way improvements in the amount of $50,000.00 (Initial Term) with four renewal terms for a total of $250,000.00 Page 1 of 2 List Attachment(s): Contract C2017-109 SUGGESTED MOTION (for council use): Motion to approve Contract C2017-109 with Vincon Engineering Construction, LLC for right-of-way improvements in the amount of $50,000.00 (Initial Term) with four renewal terms for a total of $250,000.00 W" Directo ' A ro I: t Mo9d,Public orks Director 4/24/2017 Grady E. Miller ow anager 4/26/2017 Page 2 of 2 Contract No. C2017-109 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of May 4, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Vincon Engineering Construction, LLC, an Arizona limited liability company (the "Contractor"). RFCTTAT.0 A. After a competitive procurement process, the City of Chandler, Arizona ("Chandler") entered into Contract No. MU6-745-3676 dated June 1, 2016 (the "Chandler Contract"), for the Contractor to provide right of way repairs. A copy of the Chandler 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 Chandler Contract, at its discretion and with the agreement of the awarded Contractor, and the Chandler 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 Chandler Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with right of way repairs, as more particularly set forth in Section 2 below on an "as - required" basis (the "Materials and Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and 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 May 31, 2017 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the Chandler Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Chandler Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year 2940650.1 term in writing (including any price adjustments approved as part of the Chandler Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the Chandler Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and 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 Chandler Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the Chandler Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the Chandler Contract will be held at Contractor's risk. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Service into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Initial Term and for each subsequent Renewal Term, if any, an annual aggregate amount not to exceed $50,000.00 for the Materials and Services at the unit rates set forth in the Chandler Contract. The maximum aggregate amount for this Agreement, including all Renewal Terms, shall not exceed $250,000.00. 4. Pam. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission 2940650.1 2 and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Chandler Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Chandler 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 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. 2940650.1 3 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 Chandler 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 Chandler 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 Chandler 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. 12. Rights and Privileges. To the extent provided under the Chandler Contract, the Town shall be afforded all of the rights and privileges afforded to Chandler and shall be the "City" (as defined in the Chandler Contract) for the purposes of the portions of the Chandler 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 Chandler to the extent provided under the Chandler 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 2940650.1 4 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: Vincon Engineering Construction, LLC 1831 North Rochester Mesa, Arizona 85205 Attn: Jeff Kerr 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 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. [SIGNATURES ON FOLLOWING PAGES] 2940650.1 5 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 , 2017, 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] 2940650.1 6 "Contractor" VINCON ENGINEERING CONSTRUCTION, LLC, an Utz Na Title: /,, (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On i'i2 ! , 2017, before me personally appeared .Gi 'V the Z2&t2lZ6 . of VINCON ENGIN RING CONSTRUCTION, LLC, an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. OFFICIAL SEAL SONYA DUNGY NQTARY PUBUC • State of AftM MAMCOPA COUNTY I(P.My Comm. Expires March 28, 2019 (Affix notary seal here) 2940650.1 7 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC [Chandler Contract] See following pages. 2940650.1 CITY OF CHANDLER SERVICES AGREEMENT RIGHT OF WAY REPAIRS AGREEMENT NO.: MU6-745-3676 THIS AGREEMENT is made and entered into this 1p day of 2016, by and between the City of � Chandler, a Municipal Corporation of the State of Arizona, h einafter referred to as "City", and Vincon Engineering Construction, LLC, hereinafter referred to as "Contractor". WHEREAS, Contractor represents that Contractor has the expertise and is qualified to perform the services described in the Agreement. NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties hereto agree as follows: 1. AGREEMENT ADMINISTRATOR: 1.1. Agreement Administrator. Contractor shall act under the authority and approval of the Utility Field Supervisor or designee (Agreement Administrator), to provide the services required by this Agreement. 1.2. Key Staff. This Agreement has been awarded to Contractor based partially on the key personnel proposed to perform the services required herein. Contractor shall not change nor substitute any of these key staff for work on this Agreement without prior written approval by City. 1.3. Subcontractors. During the performance of the Agreement, Contractor may engage such additional Subcontractor as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with Contractor. 1.4. Subcontracts. Contractor shall not enter into any Subcontract under this Agreement for the performance of this Agreement without the advance written approval of City. The subcontract shall incorporate by reference the terms and conditions of this Agreement. 2. SCOPE OF WORK: Contractor shall right of way repairs all as more specifically set forth in Exhibit A; Price, Exhibit B; Subcontractor List, Exhibit C; Contractor Questionnaire, Exhibit D; Bonds, Exhibits E1- 3, Construction Sign Detail, Exhibit F attached hereto and made a part hereof by reference. 2.1 Non -Discrimination. The Contractor shall comply with all applicable City, State and Federal laws, rules and regulations, including the Americans with Disabilities Act. 2.2 Licenses. Contractor shall maintain in current status all Federal, State and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this agreement. 2.3 Advertising, Publishing and Promotion of Agreement. The Contractor shall not use, advertise or promote information for commercial benefit concerning this Agreement without the prior written approval of the City. 2.4 Compliance with Applicable Laws. Contractor shall comply with all applicable Federal, state and local laws, and with all applicable licenses and permit requirements. 2.4.1 The Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("subcontractors") will comply with all Federal Immigration laws and regulations that relate to the immigration status of their employees and the requirement to use E -Verify, hereinafter "Contractor Immigration Warranty". Page 1 of 26 CL o /� C' / 6Services Agreement Rev. 03_16 C,L 2.4.2 A breach of the Contractor Immigration Warranty shall constitute a material breach of this Agreement that is subject to penalties up to and including termination of the agreement. 2.4.3 The City retains the legal right to inspect the papers of any Contractor or Subcontractor employee who works on this Agreement to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. The Contractor agrees to assist the City in the conduct of any such inspections. 2.4.4 The City may, at its sole discretion, conduct random verifications of the employment records of the Contractor and any Subcontractors to ensure compliance with Contractors Immigration Warranty. The Contractor agrees to assist the City in performing any such random verification. 2.4.5 The provisions of this Article must be included in any agreement the Contractor enters into with any and all of its subcontractors who provide services under this Agreement or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 2.5 Warranties. One -Year Warranty. Contractor must provide a one-year warranty on all work performed pursuant to this Agreement. 3. ACCEPTANCE AND DOCUMENTATION: Each task shall be reviewed and approved by the Agreement Administrator to determine acceptable completion. 3.1. Records. The Contractor shall retain and shall contractually require each Subcontractor to retain all data and other "records" relating to the acquisition and performance of the Agreement for a period of five years after the completion of the Agreement. 3.2. Audit. At any time during the term of this Agreement and five (5) years thereafter, the Contractor's or any subcontractor's books and records shall be subject to audit by the City to the extent that the books and records relate to the performance of the Agreement or Subcontract. Upon request, the Contractor shall produce a legible copy of any or all such records. 3.3. New/Current Products. All equipment, materials, parts and other components incorporated in the work or services performed pursuant to this Agreement shall be new, or the latest model and of the most suitable grade for the purpose intended. All work shall be performed in a skilled and workmanlike manner. 3.4. Property of City. Any materials, including reports, computer programs and other deliverables, created under this Agreement are the sole property of City. Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Contractor shall not use or release these materials without the prior written consent of City. 4. PRICE: 4.1. CITY shall pay to CONTRACTOR an amount not to exceed FOUR HUNDRED FORTY FIVE THOUSAND ONE HUNDRED DOLLARS ($445,100), including all companion agreements, for the completion of all the work and services described herein, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as set forth in Exhibit C, attached hereto and made a part hereof by reference. Page 2 of 26 Services Agreement Rev. 03_16 4.2. Taxes. Contractor shall be solely legally responsible for any and all tax obligations, which may result out of Contractor's performance of this Agreement. City shall have no legal obligation to pay any amounts for taxes, of any type, incurred by Contractor. City agrees that Contractor may bill the City for applicable privilege license taxes which are paid for by Contractor and that the City will reimburse Contractor for privilege license taxes actually paid by Contractor. If Contractor obtains any refund of privilege license taxes paid, City will be entitled to a refund of such amounts. 4.3. Payment. A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or completion of specified services and receipt of a correct invoice. Any quantities shown are estimates only, based upon available information. Payment shall be based on actual quantities and there is no guarantee that any certain quantity shall be required by City. City reserves the right to increase or decrease the quantities actually required. 4.4. IRS W9 Form. In order to receive payment Contractor shall have a current I.R.S. W9 Form on file with City, unless not required by law. 4.5. Price Adjustment in Extension Terms. All prices offered herein shall be firm against any increase for the initial term of the Agreement. Prior to commencement of subsequent renewal terms, City may approve a fully documented request for a price adjustment. The City shall determine whether any requested price increases for extension terms is acceptable to the City. If City approves the price increase, the price shall remain firm for the renewal term for which it was requested. If a price increase is agreed upon by the Parties a written Agreement Amendment shall be approved and executed by the Parties. 4.6. Price Reduction. Contractor shall offer City a price reduction for its services concurrent with a published price reduction made to other customers. 5. TERM: The term of the Agreement is ONE year, commencing on JUNE 1, 2016 and terminating on MAY 31, 2017 unless sooner terminated in accordance with the provisions herein. City reserves the right, at its sole discretion, to extend the Agreement for up to FOUR additional terms of ONE year each. 6. USE OF THIS AGREEMENT: The Agreement is for the sole convenience of the City of Chandler. City reserves the rights to obtain like services from another source to secure significant cost savings or when timely completion cannot be met by Contractor. 6.1. Cooperative Use of Agreement. In addition to the City of Chandler and with approval of the Contractor, this Agreement may be extended for use by other municipalities, school districts and government agencies of the State. A current listing of eligible entities may be found at www.maricopa.gov/materials and then click on 'Contracts', 'S.A.V.E.' listing and 'ICPA'. Any such usage by other entities must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective political entity. If required to provide services on a school district property at least five (5) times during a month, Contractor shall submit a full set of fingerprints to the school of each person or employee who may provide such service. The District shall conduct a fingerprint check in accordance with A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the District. Additionally, the Contractor shall comply with the governing body fingerprinting policies of each individual school district/public entity. Contractor, sub -contractors, vendors and their employees shall not provide services on school district properties until authorized by the District. Page 3 of 26 Services Agreement Rev. 03_16 Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by other agencies who utilize this Agreement. 6.2 Emergency Purchases: City reserves the rights to purchase from other sources those items, which are required on an emergency basis and cannot be supplied immediately by the Contractor. 6.3 Non -Exclusive Agreement: This agreement is for the sole convenience of the City of Chandler. The City reserves the right to obtain like goods or services from another source when necessary. 6.4 Exclusive Possession: All services, information, computer program elements, reports and other deliverables created under this Agreement are the sole property of the City of Chandler and shall not be used or released by the Contractor or any other person except with prior written permission by the City. 7. CITY'S CONTRACTUAL REMEDIES: 7.1. Right to Assurance. If the City in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Agreement, the Agreement Administrator may demand in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified in the demand may, at the City's option, be the basis for terminating the Agreement in addition to any other rights and remedies provided by law or this Agreement. 7.2. Stop Work Order. The City may, at any time, by written order to the Contractor, require the Contractor to stop all or any part, of the work called for by this Agreement for period(s) of days indicated by the City after the order is delivered to the Contractor. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. 7.3. If a stop work order issued under this clause is canceled or the period of the order or any extension expires, the Contractor shall resume work. The Agreement Administrator shall make an equitable adjustment in the delivery schedule or Agreement price, or both, and the Agreement shall be amended in writing accordingly. 7.4. Non-exclusive Remedies. The rights and the remedies of the City under this Agreement are not exclusive. 7.5. Nonconforming Tender. Services and materials supplied under this Agreement shall fully comply with Agreement requirements and specifications. Services or materials that do not fully comply constitute a breach of agreement. 7.6. Right of Offset. The City shall be entitled to offset against any sums due Contractor, any expenses or costs incurred by the City, or damages assessed by the City concerning the Contractor's non- conforming performance or failure to perform the Agreement, including expenses to complete the work and other costs and damages incurred by City. 8. TERMINATION: 8.1 Termination for Convenience: City reserves the right to terminate this Agreement or any part thereof for its sole convenience with thirty (30) days written notice. In the event of such termination, Contractor shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work. As compensation in full for services performed to the date of such termination, the Contractor shall receive a fee for the percentage of services actually performed. This fee shall be in the amount to be mutually agreed upon by the Contractor and City, based on the agreed Page 4 of 26 Services Agreement Rev. 03_16 Scope of Work. If there is no mutual agreement, the Management Services Director or designee shall determine the percentage of work performed under each task detailed in the Scope of Work and the Contractor" compensation shall be based upon such determination and Contractor's fee schedule included herein. 8.2 Termination for Cause: City may terminate this Agreement for Cause upon the occurrence of any one or more of the following events: 1) If Contractor fails to perform pursuant to the terms of this Agreement 2) If Contractor is adjudged a bankrupt or insolvent; 3) If Contractor makes a general assignment for the benefit of creditors; 4) If a trustee or receiver is appointed for Contractor or for any of Contractor's property; 5) If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws; 6) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; Where Agreement has been so terminated by City, the termination shall not affect any rights of City against Contractor then existing or which may thereafter accrue. 8.3. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, City may cancel this Agreement after Agreement execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the City is or becomes at any time while this Agreement or an extension of this Agreement is in effect, an employee of or a consultant to any other party to this Agreement. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. 8.4. Gratuities. City may, by written notice, terminate this Agreement, in whole or in part, if City determines that employment or a Gratuity was offered or made by Contractor or a representative of Contractor to any officer or employee of City for the purpose of influencing the outcome of the procurement or securing this Agreement, an amendment to this Agreement, or favorable treatment concerning this Agreement, including the making of any determination or decision about agreement performance. The City, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by Contractor. 8.5. Suspension or Debarment. City may, by written notice to the Contractor, immediately terminate this Agreement if City determines that Contractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Submittal of an offer or execution of an agreement shall attest that the Contractor is not currently suspended or debarred. If Contractor becomes suspended or debarred, Contractor shall immediately notify City. 8.6. Continuation of Performance Through Termination. The Contractor shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. 8.7. No Waiver. Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 8.8. Availability of Funds for the next Fiscal Year. Funds may not presently be available under this Agreement beyond the current fiscal year. No legal liability on the part of the City for services may arise under this Agreement beyond the current fiscal year until funds are made available for performance of this Agreement. The City may reduce services or terminate this Agreement without Page 5 of 26 Services Agreement Rev. 03_16 further recourse, obligation, or penalty in the event that insufficient funds are appropriated. The City Manager shall have the sole and unfettered discretion in determining the availability of funds. 9. FORCE MAJEURE: Neither party shall be responsible for delays or failures in performance resulting from acts beyond their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics, governmental regulations imposed after the fact, fire, communication line failures, power failures, or earthquakes. 10. DISPUTE RESOLUTION: 10.1. Arizona Law. This Agreement shall be governed and interpreted according to the laws of the State of Arizona. 10.2. Jurisdiction and Venue. The parties agree that this Agreement is made in and shall be performed in Maricopa County. Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of Maricopa County in the State of Arizona, which shall have exclusive jurisdiction over such lawsuits. 10.3. Fees and Costs. Except as otherwise agreed by the parties, the prevailing party in any adjudicated dispute relating to this Agreement is entitled to an award of reasonable attorney's fees, expert witness fees and costs including, as applicable, arbitrator fees. 11. INDEMNIFICATION: To the fullest extent permitted by law, Contractor , its successors, assigns and guarantors, indemnify and hold harmless City and any of its elected or appointed officials, officers, directors, commissioners, board members, agents or employees from and against any and all allegations, demands, claims, proceedings, suits, actions, damages, including, without limitation, property damage, environmental damages, personal injury and wrongful death claims, losses, expenses (including claim adjusting and handling expenses), penalties and fines (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings), judgments or obligations, which may be imposed upon or incurred by or asserted against the City by reason of this Contract/Agreement or the services performed or permissions granted under it, or related to, arising from or out of, or resulting from any negligent or intentional actions, acts, errors, mistakes or omissions caused in whole or part by Contractor, or any of its subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, relating to the discharge of any duties or the exercise of any rights or privileges arising from or incidental to this Contract/Agreement, including but not limited to, any injury or damages claimed by any of Contractor's and subcontractor's employees. 12. INSURANCE: 12.1. General. A. At the same time as execution of this Agreement, the Contractor shall furnish the City of Chandler a certificate of insurance on a standard insurance industry ACORD form. The ACORD form must be issued by an insurance company authorized to transact business in the State of Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do business in the State of Arizona with policies and forms satisfactory to City. Provided, however, the A.M. Best rating requirement shall not be deemed to apply to required Workers' Compensation coverage. B. The Contractor and any of its subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Agreement are satisfied, the insurances set forth below. C. The insurance requirements set forth below are minimum requirements for this Agreement and Page 6 of 26 Services Agreement Rev. 03_16 in no way limit the indemnity covenants contained in this Agreement. D. The City in no way warrants that the minimum insurance limits contained in this Agreement are sufficient to protect Contractor from liabilities that might arise out of the performance of the Agreement services under this Agreement by Contractor, its agents, representatives, employees, subcontractors, and the Contractor is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve the Contractor from, nor will it be considered a waiver of its obligation to maintain the required insurance at all times during the performance of this Agreement. F. Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall execute a written contract with Subcontractor containing the same Indemnification Clause and Insurance Requirements as the City requires of the Contractor in this Agreement. The Contractor is responsible for executing the Agreement with the Subcontractor and obtaining Certificates of Insurance and verifying the insurance requirements. 12.2. Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not less than those stated below. A. Commercial General Liability -Occurrence Form. Contractor must maintain "occurrence" form Commercial General Liability insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products and completed operations, independent contractors, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess insurance must be "follow form" equal or broader in coverage scope than underlying insurance. B. Automobile Liability -Any Auto or Owned, Hired and Non -Owned Vehicles Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a limit of $1,000,000 each accident on Contractor owned, hired, and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this paragraph, the Excess or Umbrella insurance must be "follow form" equal or broader in coverage scope than underlying insurance. C. Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor employees engaged in the performance of work or services under this Agreement and must also maintain Employers' Liability insurance of not less than $1,000,000 for each accident and $1,000,000 disease for each employee. D. Builders' Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to all equipment or Work under construction. Unless waived in writing by the City the Contractor will purchase and maintain in force Builders' Risk/Installation Floater insurance on the entire Work until completed and accepted by the City. This insurance will be Special Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion, windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, and collapse), completed value, replacement cost policy form equal to the contract price and all subsequent modifications. The Contractor's Builders' Risk/Installation Floater insurance must be primary and not contributory. Page 7 of 26 Services Agreement Rev. 03_16 1. Builders' Risk/Installation Floater insurance must cover the entire Work including reasonable compensation for architects and engineers' services and expenses and other "soft costs" made necessary by an insured loss. Builders' Risk/Installation Floater insurance must provide coverage from the time any covered property comes under the Contractor's control and or responsibility, and continue without interruption during course of construction, renovation and or installation, including any time during which any project property or equipment is in transit, off site, or while on site for future use or installation. Insured property must include, but not be limited to, scaffolding, false work, and temporary buildings at the site. This insurance must also cover the cost of removing debris, including demolition as may be legally required by operation of any law, ordinance, regulation or code. 2. The Contractor must also purchase and maintain Boiler and Machinery insurance with the same requirements as Builders' Risk/Installation Floater insurance cited above if the Work to be performed involves any exposures or insurable property normally covered under a Boiler and Machinery insurance policy or made necessary as required by law or testing requirements in the performance of this Contract/Agreement. The Contractor will be responsible for any and all deductibles under these policies and the Contractor waives all rights of recovery and subrogation against the City under the Contractor's Builders' Risk/installation Floater insurance described herein. 3. Builders' Risk/installation Floater Insurance must be maintained until whichever of the following first occurs: (i) final payment has been made; or, (ii) until no person or entity, other than the City, has an insurable interest in the property required to be covered. a. The Builders' Risk/Installation Floater insurance must be endorsed so that the insurance will not be canceled or lapse because of any partial use or occupancy by the City. b. The Builders Risk/installation Floater insurance must include as named insureds, the City, the Contractor, and all tiers of subcontractors and others with an insurable interest in the Work who will be named as additional insureds unless they are able to provide the same level of coverage with the City and Contractor named as additional insureds. Certificates must contain a provision that the insurance will not be canceled or materially altered without at least 30 days advance notice to the City. The City must also be named as a Loss Payee under the Builders' Risk/Installation Floater coverage. c. The Builders Risk/installation Floater insurance must be written using the Special Causes of Loss policy form, replacement cost basis. d. All rights of subrogation under the Builders Risk/installation Floater insurance are, by this Contract/Agreement, waived against the City, its officers, officials, agents and employees. e. The Contractor is responsible for payment of all deductibles under the Builders' Risk/Installation Floater insurance policy. 12.3. Additional Policy Provisions Required. A. Self -Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be declared and approved by the City. If not approved, the City may require that the insurer reduce or eliminate any deductible or self-insured retentions with respect to the City, its officers, officials, agents, employees, and volunteers. B. City as Additional Insured. The policies are to contain, or be endorsed to contain, the following provisions: 1. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, agents, and employees are additional insureds with respect to liability arising out of activities performed by, or on behalf of, the Contractor including the City's general supervision of the Contractor; Page 8 of 26 Services Agreement Rev. 03_16 Products and Completed operations of the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. 2. The Contractor's insurance must contain broad form contractual liability coverage and must not exclude liability arising out of explosion, collapse, or underground property damage hazards ("XCU") coverage. 3. The City, its officers, officials, agents, and employees must be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Agreement. 4. The Contractor's insurance coverage must be primary insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, and employees shall be in excess of the coverage provided by the Contractor and must not contribute to it. 5. The Contractor's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. Coverage provided by the Contractor must not be limited to the liability assumed under the indemnification provisions of this Agreement. 7. The policies must contain a severability of interest clause and waiver of subrogation against the City, its officers, officials, agents, and employees, for losses arising from Work performed by the Contractor for the City. 8. The Contractor, its successors and or assigns, are required to maintain Commercial General Liability insurance as specified in this Agreement for a minimum period of 3 years following completion and acceptance of the Work. The Contractor must submit a Certificate of Insurance evidencing Commercial General Liability insurance during this 3 year period containing all the Agreement insurance requirements, including naming the City of Chandler, its agents, representatives, officers, directors, officials and employees as Additional Insured as required. 9. If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. C. Insurance Cancellation During Term of Contract/Agreement. 1. If any of the required policies expire during the life of this Contract/Agreement, the Contractor must forward renewal or replacement Certificates to the City within 10 days after the renewal date containing all the required insurance provisions. 2. Each insurance policy required by the insurance provisions of this Contract/Agreement shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Chandler Law -Risk Management Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company refuses to provide the required notice, the Contractor or its insurance broker shall notify the City of any cancellation, suspension, non -renewal of any insurance within seven (7) days of receipt of insurers' notification to that effect. Page 9 of 26 Services Agreement Rev. 03_16 13. NOTICES: All notices or demands required to be given pursuant to the terms of this Agreement shall be given to the other party in writing, delivered by hand or registered or certified mail, at the addresses set forth below, or to such other address as the parties may substitute by written notice given in the manner prescribed in this paragraph. In the case of the CITY Agreement Utility Field Supervisor Administrator: Contact: Mailing Address: Physical Address: City, State, Zip Phone: E -Mail: Rov Chaidez 975 E. Armstrong Way Chandler, AZ 85225 480-782-3709 Roy.chaidez@chandleraz.gov In the case of the CONTRACTOR Firm Name: Vincon Eng. Construction Contact: Troy Colby Address: 1831 N. Rochester City, State, Zip Mesa, AZ 85205 Phone: 480-833-8527 FAX: E -Mail: 480-833-8617 tcolby@vinconllc.com Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery date indicated on receipt if delivered by certified or registered mail. 14. CONFLICT OF INTEREST: 14.1. No Kickback. Contractor warrants that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the City Council or any employee of the City has any interest, financially or otherwise, in the firm unless this interest has been declared pursuant to the provisions of A.R.S. Section 38-501. Any such interests were disclosed in Contractor's proposal to the City. 14.2. Kickback Termination. City may cancel any agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the City is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a Contractor to any other party to the Agreement with respect to the subject matter of the Agreement. The cancellation shall be effective when written notice from City is received by all other parties, unless the notice specifies a later time (A. R. S. 538-511). 14.3. No Conflict: Contractor stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this project. 15. GENERAL TERMS: 15.1. Ownership. All deliverables and/or other products of the Agreement (including but not limited to all software documentation, reports, records, summaries and other matter and materials prepared or developed by Contractor in performance of the Agreement) shall be the sole, absolute and exclusive property of City, free from any claim or retention of right on the part of Contractor, its agents, sub- contractors, officers or employees. 15.2. Entire Agreement. This Agreement, including all Exhibits attached hereto, constitutes the entire understanding of the parties and supersedes all previous representations, written or oral, with respect to the services specified herein. This Agreement may not be modified or amended except by a written document, signed by authorized representatives or each party. Page 10 of 26 Services Agreement Rev. 03_16 15.3. Assignment: Services covered by this Agreement shall not be assigned in whole or in part without the prior written consent of the City. 15.4. Amendments. The Agreement may be modified only through a written Agreement Amendment executed by authorized persons for both parties. Changes to the Agreement, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the City in writing or made unilaterally by the Contractor are violations of the Agreement. Any such changes, including unauthorized written Agreement Amendments shall be void and without effect, and the Contractor shall not be entitled to any claim under this Agreement based on such changes. 15.5. Independent Contractor. The Contractor under this Agreement is an independent Contractor. Neither party to this Agreement shall be deemed to be the employee or agent of the other party to the Agreement. 15.6. No Parole Evidence. This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding. 15.7. Authority: Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been properly authorized and empowered to enter this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. IN WITN S WHEREOF, the parties have hereunto subscribed their names to this day of , 2016. FORT CITY OFC N L M yor ATTES: %1 City Clerk as to form: Services Agreement Rev. 03_16 ATTEST: If Corporation SEAL Page 11 of 26 Secretary EXHIBIT A SCOPE OF WORK GENERAL INFORMATION Contractor shall provide the City of Chandler Municipal Utilities Department (the City) with right of way repairs on an as needed basis. The City estimates that 90% of the resulting work shall be routine in nature with the remaining 10% emergency repairs. All "repair" type work is intermittent, rarely scheduled in advance and relatively small. Typically the city requires a 5'X 8' asphalt patch and concrete collar for valve work, a ZX 20' asphalt patch for new services, concrete sidewalk panel replacements and random size asphalt patches for main repairs. This service shall be provided, on an 'as needed' basis, for a period of one (1) year, with options as outlined in the "TERM" section of this Solicitation. The Bidder is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Bidder. The Bidder is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations. Bidder shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work. In order to assure that any ensuing contracts will allow the CITY to fulfill current and further requirements, CITY intends to award Contracts to multiple companies. The actual utilization of any contract will be at the sole discretion of CITY. The fact that CITY may make multiple awards should be taken into consideration by each Bidder. The Price Sheet (item 22) allows the Contractor to include a "minimum charge" for projects under 5'x8' in size. For clarification, this charge will not be added to the rates of the actual work. If the total project cost based on bid pricing for jobs under 5'x8' is less than the minimum charge, the cost of the job will be the minimum charge. Trip fee charges are not allowed. The City of Chandler reserves the right to allow other City Departments to use this contract, based on the City's needs. CONTRACT ADMINISTRATOR The Contract Administrator shall audit billings, approve payments, establish schedules, initiate services/repair requests, approve addenda to the contract, and generally be responsible for overseeing the execution of the contract. MINIMUM CONTRACTOR QUALIFICATIONS The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and OSHA laws, rules and regulations and all other applicable regulations for the term of this contract. The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein. The Bidder must hold a valid license issued by the State of Arizona Registrar of Contractors prior to submission of a bid and must maintain same throughout the duration of the contract term and any subsequent contract extensions. Failure to maintain said license may be grounds for default of the contract and subsequent termination. Page 12 of 26 Services Agreement Rev. 03_16 MINIMUM CONTRACTOR QUALIFICATIONS (continued) The Contractor may not subcontract any segment or services covered herein, without prior approval of the Contract Administrator. All subcontractors used under the scope of this contract shall meet all requirements, terms and conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the Contractor. Bidder shall have been conducting business within the Phoenix Metropolitan area for a MINIMUM of two (2) consecutive years. Bidder's place of business MUST be physically located in the Phoenix, Arizona metropolitan area. Contractor shall have at a MINIMUM of Five (5) years of field experience performing right of way repairs. The Contractor MUST have and maintain full time Company representation located in the Phoenix, Arizona metropolitan area, with the ability and authority to address all Contract issues that may develop. The Contractor shall provide to the Contract Administrator, the individual's name and contact information, including cellular phone, pager, and off -hours phone numbers. CONTRACTOR'S RESPONSIBILITIES Under the scope of this contract the Contractor's requirements shall include, but are not limited to: • Contractor shall furnish all labor, materials and equipment necessary for the completion of the scope of work described herein. Pricing shall include all costs to complete the work including mobilization and travel charges if applicable. The Contractor shall have sufficient personnel and equipment to complete all work requests, as defined in this Solicitation, in the time frame required by the Contract Administrator. • Contractor shall meet or exceed time frames required. • Perform all repairs under the scope of this contract in the manner provided. GENERAL REQUIREMENTS: 1.1 Concrete: CONTRACTOR shall be required to provide concrete repair & maintenance services on an "as needed" basis, including the furnishing all labor, equipment, traffic control (per City of Chandler specifications) and materials required for the completion of a repair project. Work shall consist of concrete repair and replacement/ installation to include, but not be limited to, valve collars, handicap ramps, driveway entrances, alleyway entrances, curb & gutter, sidewalks, valley gutters & pans, and asphalt and base repair. Work may also consist of upgrading handicap ramps, driveway entrances, alley way entrances and sidewalks to meet current Americans with Disabilities Act (ADA) standards in compliance with 28 CFR, Part 35.150, and existing facilities. All work shall be performed in accordance with Arizona Revised Statute 34-201.C.D. 1.2 The CITY is mandated to provide accessibility improvements to curb ramps and driveways whenever a pavement resurfacing is done. To accomplish this requirement, CONTRACTOR shall repair and/or retrofit existing curb ramps and driveways to the best extent possible to meet current Americans with Disabilities Act (ADA) standards contained in 28 Code of Federal Regulations (CFR) Part 35.151 and "Designing Sidewalks and Trails for Access, Part 2" (Chapters 5 and 7) or as directed by Contract Administrator/designee. Page 13 of 26 Services Agreement Rev. 03_16 1.3 Asphalt: CONTRACTOR shall be required to make asphalt repairs and maintenance work in accordance with Maricopa Association of Governments (MAG) Standard Details 200 and City of Chandler specifications Detail C-110. The work may include the application of other M.A.G. and City of Chandler standard details and specifications per the most current City of Chandler and/or M.A.G. standard details and specification. CONTRACTOR shall be required to saw cut or mill all areas marked for removal prior to patching. All saw cut edges within the patch area shall receive a tack coat prior to placement of new material. Tack material for edge tacking and ABC for fill-in will be incidental to work, and cost will be included in removal/replacement if it is deemed a necessity. 2. MATERIALS. CONTRACTOR shall ensure that concrete conforms to the applicable requirements of MAG specification section 725 and applicable MAG or City of Chandler standard detail. Concrete repair and maintenance shall comply with MAG specification section 340 as applicable. Asphalt cut - and -patch for concrete forms shall be replaced flushed with existing pavement edges. Asphalt patching shall comply with City of Chandler Standard Specification No. 3. Asphalt concrete shall be placed in accordance with the requirements in MAG standard specifications section 321 and 336. 2.1 No work shall be completed under this Agreement without prior written approval from Contract Administrator/designee. A Notice to Proceed (NTP) via CITY e-mail will be used as approval for all work to be completed by CONTRACTOR. The NTP shall include emergency and/or routine priority. E-mail notification shall be sent to the Contract Administrator/designee by the Contractor with the estimated date of completion for all repairs no later than three (3) days after NTP was received. 2.2 Maricopa County related projects require '/2 sack slurry and T -Top per MAG specs. In addition, Maricopa County related projects are to be identified in the Notification and will require an approved Maricopa County Traffic Control Plan. Maricopa County related projects will also require a County permit and projects shall be completed within 14 -days after the traffic control plan and permit are issued. ESTIMATED QUANTITIES. The quantities shown on Exhibit C (attached) are estimates only, based upon available information. Payment shall be based on actual quantities. There is no guarantee as to minimum quantity required by CITY. The CITY reserves the right to increase or decrease the actual quantities listed. 2. NOTIFICATION OF PUBLIC. CITY and CONTRACTOR shall notify all affected citizens and businesses by door flyer 48 hours prior to start of work. Note: Contract Administrator/designee shall provide a list of email addresses to CONTRACTOR for prior notification to public. Door flyer shall include, as a minimum, all pertinent information such as description of work, date, time, schedules and CONTRACTOR name, and a 24-hour contact phone number(s). The flyer information shall be submitted to the Contract Administrator/designee for approval prior to distribution. This information shall also be emailed to Contract Administrator/designee(s) as well as the City Inspector no later than 48 - hours prior to commencing work. 3. EXISTING UTILITIES. CONTRACTOR shall be responsible for identifying and locating (blue stake) all existing utilities within and around the work area and will take all necessary steps to protect such utilities from damage. CONTRACTOR shall be responsible for the repair of all damaged utilities resulting from this work and will coordinate with utility companies and affected residents and businesses for require outages. CONTRACTOR shall adjust to finished grade all affected utility junction boxes and utility concrete collars as required. 4. PROTECTION OF ADJACENT PROPERTY. CONTRACTOR shall take all necessary steps to protect adjacent public or private properties during work. CONTRACTOR shall restore any damage to adjacent property at CONTRACTOR expense and to the satisfaction of the Contract Administrator/designee. Page 14 of 26 Services Agreement Rev. 03_16 5. DEMO AND REMOVAL. CONTRACTOR shall remove excavated and demolished materials immediately from work site at their cost. Steel plates shall be used where excavated area cannot be backfilled or where concrete placement for valley gutters across roadway surface or drive entrances are done in phases. Steel plates shall be gradually ramped from plate edges with EPA approved material and the street or drive entrance opened immediately to traffic. CONTRACTOR shall use barricades and "sidewalk closed" signs as required. 6. WATER FOR REPAIR AND MAINTENANCE PURPOSE. Should CONTRACTOR desire to use water from CITY mains, CONTRACTOR shall make application to Utility Billing for a fire hydrant meter and pay all the required deposits and costs. CONTRACTOR shall not take water from CITY mains until a meter is installed. 7. DETECTABLE WARNING. Detectable warning shall consist of truncated domes as determined in MAG specification section 340. All truncated dome tiles shall be approved by the contract administrator or designee prior to installation. (See attached Exhibit D - Approved Products List). 8. TRAFFIC CONTROL & CONSTRUCTION SIGNS. CONTRACTOR shall adhere to all CITY, State and Federal Traffic and Safety guidance, City of Chandler Traffic Barricades Design Manual #7 and City of Chandler Municipal code 46-2.7.E construction sign requirements. CONTRACTOR shall submit all traffic control plans for approval by the City of Chandler Traffic Division before any work may progress. It shall be CONTRACTOR's responsibility to get an approved Traffic Control Plan in advance for every project requested under this Agreement. 9. CLEAN UP. All public and private property and grounds occupied by CONTRACTOR in connection with the work shall be cleaned of all rubbish and excess materials after each workday; additionally, temporary structures and equipment shall be removed at the end of the project. All parts of the work shall be left in an acceptable condition before final acceptance. 10. NOTIFICATION OF COMPLETION/INVOICES. CONTRACTOR shall send email notification to Contract Administrator/designee with the address / location and CITY tracking number when work is completed. Invoices must be emailed to Contract Administrator/Designee no later than 30 days after the work is completed. 11. DUST CONTROL. CONTRACTOR shall keep suitable equipment on hand at the job site for maintaining dust control and shall employ appropriate equipment for that purpose in accordance with the requirements of the "Maricopa County Health Department Air Pollution Control Regulations". CONTRACTOR shall be responsible for obtaining an Air Quality Permit from Maricopa County prior to starting the required work, especially if earth -moving operations are involved. CONTRACTOR shall pay all permit fees. 12. TIME REQUIRED FOR COMPLETION. CONTRACTOR shall complete all assigned routine repairs within 14 days (or fewer) of Notice to Proceed. Emergency repairs shall be completed within 7 days (or fewer) of Notice to Proceed. No work shall be completed under this Agreement without prior written approval from Contract Administrator/designee. A Notice to Proceed (NTP) via CITY e-mail will be used as approval for all work to be completed by CONTRACTOR. The NTP shall include emergency and/or routine priority. Failure to meet the completion time frames may result in contract termination. Page 15 of 26 Services Agreement Rev. 03_16 EXHIBIT B MU4-745-3676 PRICING Section 1 - Routine Repairs / Service (requires a 14 -day repair time). Prices are tax inclusive. i n o UO -A, MW .MR1,301,12rr Qty` Unit roc Ez a dik.. 1. Saw cut: per linear foot /per inch 0-2.0" deep LF 400 $1.00 $400.00 2.1" - 3.0" deep LF 400 $2.00 $800.00 3.1" - 4.0" deep LF 400 $3.00 $1,200.00 Greater than 4.0" deep LF 400 $3.50 $1,400.00 2.a. EVAC Asphalt Removal & Replacement 0" to 4.0" deep, 1 - 10 sq. yd. SY 400 $70.00 $28,000.00 0" to 4.0" deep, 11 - 100 sq. yd. SY 400 $65.00 $26,000.00 4" to 8" deep, 1 - 10 sq. yd. SY 400 $90.00 $36,000.00 4" to 8" deep, 11 - 100 sq. yd. SY 400 $80.00 $32,000.00 2.b. Rubberized Asphalt Removal & Replacement 0" to 4.0" deep, 1 - 10 sq. yd. SY 80 $90.00 $7,200.00 3. 2" Asphalt Cap SY 800 $30.00 $24,000.00 4. Asphalt milling up to 2" deep per sq. yd. SY 80 $8.00 $640.00 5. Asphalt milling between 2.1 "-4.0" deep per sq. yd. SY 80 $9.00 $720.00 6. Sub -base and sub -base grade removal and replacement, per cu yd. CY 80 $150.00 $12,000.00 7. City of Chandler Uniformed Police Officer (if required). Contractor to be paid the cost of hiring police officer. N/A N/A N/A $3,500.00 8. Traffic control for arterial and collector (per 24-hour da DAY 60 $600.00 $36,000.00 9. Traffic control for local streets (per 24-hour da DAY 15 $150.00 $2,250.00 10. New A/C only, 1" deep per sq. yd. SY 75 $17.00 $1,275.00 11. Remove concrete curb & gutter (per lineal foot LF 175 $10.00 $1,750.00 12. Place concrete curb & gutter (per lineal foot LF 175 $25.00 $4,375.00 13. Removal of concrete flatwork, 0-4" (per sq. ft. SF 120 $3.00 $360.00 14. Removal of concrete flatwork, 4.1" - 8.0" (per sq. ft. SF 120 $4.00 $480.00 15. Place finished concrete flatwork, 04" (per sq. ft. SF 400 $8.00 $3,200.00 16. Place finished concrete flatwork, 4.1" - 8.0" (per sq. ft.) SF 120 $10.00 $1,200.00 17. Sidewalk, Per MAG Detail #230 SF 800 $8.00 $6,400.00 18. Ramp, Per MAG Detail #231 EA 1 $1,100.00 $1,100.00 19. Valve Box/Collars Per COC Standard C307 & C317 EA 15 $500.00 $7,500.00 20. Ramp, Per MAG Detail #233 EA 1 $1,500.00 $1,500.00 21. General survey EA 20 $200.00 $4,000.00 22. Crack seal (per lineal foot) LF 400 $1.00 $400.00 23. Minimum Charge for Projects under 5' x 8' in size EA 20 $1,500.00 $30,000.00 Page 16 of 26 Services Agreement Rev. 03_16 EXHIBIT B MU4-745-3676 PRICING Section 2 - Emergency Repairs / Service (requires a 7 day repair time). Prices are tax inclusive. *U.O.M. are listed as estimates ONLY and are not guaranteed. **It is understood that CONTRACTOR shall use the most current City of Chandler and/or M.A.G. standard details and specifications. It is understood that CONTRACTOR shall use the most current City of Chandler and/or M.A.G. standard details and specifications. Page 17 of 26 Services Agreement Rev. 03_16 u 1. Saw cut: per linear foot Iper inch 0-2.0" deep LF 250 $1.00 $250.00 2.1" - 3.0" deep LF 250 $2.00 $500.00 3.1" - 4.0" deep LF 250 $3.00 $750.00 Greater than 4.0" deep LF 250 $3.50 $875.00 2.a. EVAC Asphalt Removal & Replacement 0" to 4.0" deep, 1 - 10 sq. yd. SY 250 $70.00 $17,500.00 0" to 4.0" deep, 11 - 100 sq. yd. SY 250 $65.00 $16,250.00 4" to 8" deep, 1 -10 sq. yd. SY 250 $90.00 $22,500.00 4" to 8" deep, 11 -100 sq. yd. SY 250 $80.00 $20,000.00 2.b. Rubberized Asphalt Removal & Replacement 0" to 4.0" deep, 1 - 10 sq. yd. SY 50 $90.00 $4,500.00 3. 2" Asphalt Cap SY 500 $30.00 $15,000.00 4. Asphalt milling up to 2" deep per sq. yd. SY 50 $8.00 $400.00 5. Asphalt milling between 2.1 "-4.0" deep per sq. yd. SY 50 $9.00 $450.00 6. Sub -base and sub -base grade removal and replacement, per cu yd. CY 50 $150.00 $7,500.00 7. City of Chandler Uniformed Police Officer (if required). Contractor to be paid the cost of hiring police officer. N/A N/A N/A $3,500.00 8. Traffic control for arterial and collector (per 24-hour da DAY 40 $600.00 $24,000.00 9. Traffic control for local streets (per 24-hour da DAY 10 $150.00 $1,500.00 10. New A/C only, 1" deep per sq. yd. SY 50 $17.00 $850.00 11. Remove concrete curb & gutter (per lineal foot LF 100 $10.00 $1,000.00 12. Place concrete curb & gutter (per lineal foot LF 100 $25.00 $2,500.00 13. Removal of concrete flatwork, 0-4" (per sq. ft. SF 75 $3.00 $225.00 14. Removal of concrete flatwork, 4.1" - 8.0" (per sq. ft. SF 75 $4.00 $300.00 15. Place finished concrete flatwork, 04" (per sq. ft. SF 250 $8.00 $2,000.00 16. Place finished concrete flatwork, 4.1" - 8.0" (per sq. ft.) SF 75 $10.00 $750.00 17. Sidewalk, Per MAG Detail #230 SF 500 $8.00 $4,000.00 18. Ramp, Per MAG Detail #231 EA 1 $1,100.00 $1,100.00 19. Valve Box/Collars Per COC Standard C307 & C317 EA 5 $500.00 $2,500.00 20. Ramp, Per MAG Detail #233 EA 1 1 $1,500.00 $1,500.00 21. General survey $ 10 $200.00 $2,000.00 22, Crack seal (per lineal foot) $ 250 $1.00 $250.00 23. Minimum Charge for Projects under 5'x 8' EA 10 $1,500.00 $15,000.00 *U.O.M. are listed as estimates ONLY and are not guaranteed. **It is understood that CONTRACTOR shall use the most current City of Chandler and/or M.A.G. standard details and specifications. It is understood that CONTRACTOR shall use the most current City of Chandler and/or M.A.G. standard details and specifications. Page 17 of 26 Services Agreement Rev. 03_16 EXHIBIT C RIGHT OF WAY REPAIRS Bid No. MU4-745-3676 SUBCONTRACTOR'S LIST If any bidder intends to subcontract any portion of this contract, the bidder must submit the name, address, license number (if applicable) of each subcontractor including the extent of such subcontracting and include with bid submittal documents. NAME ADDRESS: EXTENT OF WORK: NAME: ADDRESS: EXTENT OF WORK: NAME: ADDRESS: EXTENT OF WORK: NAME: ADDRESS: EXTENT OF WORK: Page 18 of 26 Services Agreement Rev. 03_16 LICENSE LICENSE LICENSE LICENSE EXHIBIT D CONTRACTOR QUESTIONNAIRE COMPANY INFORMATION: Company Local Office Physical Address Office daytime phone number Office fax number Telephone ordering phone number(s) Company email address for Notice to Proceed Company Operating Hours (Monday — Friday) Company Hours (Saturday) Name of Main Contact (assigned to this contract) Office phone number of Main Contract Cellular phone number of Main Contact Email of Main Contact Name of Company Manager Office phone number of Company Manager Email of Company Manager After Hour/Emergency phone number(s) Services Agreement Rev. 03_16 1831 N. Rochester, Mesa, AZ 85205 480-833-8527 480-833-8617 480-495-3937 tcolby(a)-vinconllc.com 7am-5pm None Troy Colby 480-833-8527 480-495-3937 tcolby(aD-vinconllc.com Same Page 19 of 26 EXHIBIT E1 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, (hereinafter called the Principal), and the corporation duly organized under the laws of the State of as Principal, a as Surety, (hereinafter called the Surety) are held and firmly bound unto the City of Chandler as Obligee, in the sum of 10 percent (10%) of the total bid, submitted by him to the City of Chandler for the work described below, for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, and administrators, successors and assigns, jointly and severely, firmly by these presents, and in conformance with Arizona Revised Statutes. WHEREAS, the said Principal is herewith submitting its bid for: RIGHT OF WAY REPAIRS, Bid No. MU4-745-3676 NOW, THEREFORE, if the City of Chandler shall accept the proposal of the Principal and the principal shall enter into a Contract with the City of Chandler in accordance with the terms of such proposal and give such Bonds and Certificates of Insurance as specified in the Contract Documents with good and sufficient Surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract and give such Bonds and Certificates of Insurance, if the Principal shall pay to the City of Chandler the sum of money set forth above as liquidated damages for failure of the Principal to enter into the Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of , A.D., 2016. Witness: Witness: Page 20 of 26 Services Agreement Rev. 03_16 Principal Title Surety Title EXHIBIT E2 PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Bond amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal), as Principal, and a corporation organized and existing under the law of the State of with its principal office in the City of , (hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Chandler, County of Maricopa, State of Arizona, in the amount of Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severely, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, Dated the day of for RIGHT OF WAY REPAIRS, Bid No. _MU4-745-3676, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fulfill all the undertakings, covenants terms, conditions, and agreements of said contract during the original term of said Contract and any extensions thereof, with or without notice to the Surety, and during the life of any warranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of conditions of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligations shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of said Title, Chapter and Article, to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of the Court. Witness our hands this day of , 2016. PRINCIPAL SEAL AGENT OF RECORD BY SURETY SEAL AGENT ADDRESS Page 21 of 26 Services Agreement Rev. 03_16 EXHIBIT E3 PAYMENT BOND ARIZONA STATUTORY PAYMENT BOND PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond must be 100% of the Contract amount) KNOW ALL MEN BY THESE PRESENTS: THAT: (hereinafter "Principal"), as Principal, and (hereinafter "Surety"), a corporation organized and existing under the laws of the State of with its principal office in the City of 'holding a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto the City of Chandler, (hereinafter "Obligee") County of Maricopa, State of Arizona, in the amount of Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has the day of No. MU4-745-3676, which Contract extent as if copies at length herein. entered into a certain written Contract with the City of Chandler, dated , 2016, for Right of Way Repairs; Bid is hereby referred to and made a part hereof as fully and to the same NOW, THEREFORE, THE CONDITION OF THIS OBLICATION IS SUCH, that if the Principal promptly pays all moneys due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the prosecution of the work provided for in said contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the court. Witness our hands this AGENT OF RECORD AGENT ADDRESS day of PRINCIPAL SEAL BY SURETY SEAL Page 22 of 26 Services Agreement Rev. 03_16 2016. A EXHIBIT F CONSTRUCTION SIGN DETAIL CITY OF CHANDLER II <--- 4" X 4" POSTS ---> II NOTES: SIGN(S) SHALL BE FURNISHED AND ERECTED PRIOR TO COMMENCEMENT OF CONSTRUCTION. POSTS SHALL BE ANCHORED A MINIMUM OF TWO FEET INTO THE GROUND. BOTTOM OF SIGN SHALL BE A MINIMUM OF FOUR FEET ABOVE THE GROUND. TYPICAL PROJECT IDENTIFICATION SIGN FOR GENERAL PROJECTS SHALL BE NON- REFLECTORIZED ORANGE BACKGROUND, AND NON-REFLECTORIZED BLACK LETTERS AND NUMERALS. ONE SIGN SHALL BE ERECTED FOR BUILDINGS AND OTHER LIMITED AREA SINGLE SITES. FOR MULTIPLE SITES, ONE SIGN SHALL BE ERECTED AT EACH SITE. FOR LINEAR PROJECTS ONE HALF MILE OR LONGER, PLACE ONE SIGN AT EACH END OF THE PROJECT. Page 23 of 26 Services Agreement Rev. 03_16 PUTTING YOUR FUNDS TO WORK 5" 3" PROJECT TITLE: 5" 4' 3" PROJECT NUMBER: 3" 2" PROJECT COST: 3" 2" CONTRACTOR: 3" 2" ENGINEER: 3" 3" II <--- 4" X 4" POSTS ---> II NOTES: SIGN(S) SHALL BE FURNISHED AND ERECTED PRIOR TO COMMENCEMENT OF CONSTRUCTION. POSTS SHALL BE ANCHORED A MINIMUM OF TWO FEET INTO THE GROUND. BOTTOM OF SIGN SHALL BE A MINIMUM OF FOUR FEET ABOVE THE GROUND. TYPICAL PROJECT IDENTIFICATION SIGN FOR GENERAL PROJECTS SHALL BE NON- REFLECTORIZED ORANGE BACKGROUND, AND NON-REFLECTORIZED BLACK LETTERS AND NUMERALS. ONE SIGN SHALL BE ERECTED FOR BUILDINGS AND OTHER LIMITED AREA SINGLE SITES. FOR MULTIPLE SITES, ONE SIGN SHALL BE ERECTED AT EACH SITE. FOR LINEAR PROJECTS ONE HALF MILE OR LONGER, PLACE ONE SIGN AT EACH END OF THE PROJECT. Page 23 of 26 Services Agreement Rev. 03_16 Construction signs required for work: Whenever any work is being done in CITY streets, easements or right of way for which approval by CITY of a traffic control plan is required, the person or persons performing such work shall maintain at the site of such work at all times during which any such work is being done, signage meeting the requirements set forth below and providing information to the public as follows: 1. If the work will take one (1) week or longer to perform, such signage shall: 1. Be installed so that the bottom of the sign is at least seven (7) feet above grade, or as otherwise approved by CITY Transportation Engineer; 2. Be at least 3'x5' in size or large enough to contain all the information required below, whichever is larger. 3. Be placed in such positions that they can be read by traffic from each direction. 4. Be colored "construction orange" with black letters. 5. Have block letters at least 6" in height. 6. Contain the following information: the name of the CONTRACTOR for whom the work is being performed; the name of the CONTRACTOR actually performing the work; a general description of the work to be done; the time frame within which the work will be performed, i.e. the date work will commence and the date all work will be completed; a 24-hour contact phone number where persons may speak with a representative of the CONTRACTOR for whom the work is being performed or may leave a request to speak with such a representative and for which all calls will be turned by such a representative of the CONTRACTOR within 24 -hours. 2. If the work will take less than one (1) week to perform, such signage shall: i. Be installed on temporary supports at an approved location; ii. Be placed in such positions that they can be read by traffic from each direction; iii. Be colored "construction orange" with black letters; iv. Have block letters at least 6" in height; V. Contain the following information: the name of CONTRACTOR for whom the work is being performed; vi. a 24-hour contact phone number where persons may speak with a representative of the CONTRACTOR for whom the work is being performed or may leave a request to speak with such a representative and for which all calls will be returned by such a representative of the CONTRACTOR within 24 -hours. Page 24 of 26 Services Agreement Rev. 03_16 (CONTRACTOR) RIGHT OF WAY REPAIRS 3-1-1 6 TO 11-30-1 6 (480) 782=XXXX Page 25 of 26 Services Agreement Rev. 03_16 CONTRACTOR ( 480) 782=XXXX Page 26 of 26 Services Agreement Rev. 03_16 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC [Work Orders] See following pages (to be attached subsequent to execution). 2940650.1 Meeting Date: 5/4/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mike Fenzel, Events and Operations Supervisor, (480) 816-5116, mfenzel@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Municipal Clerk Conference (Susan Stein) to be held at the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 8:OOAM to 5:OOPM on Tuesday, July 25, 2017, 8:OOAM to 5:OOPM on Wednesday, July 26, 2017 and 8:OOAM to S:OOPM on Thursday, July 27, 2017. Applicant: Susan Stein Applicant Contact Information: (602) 703-0224 Owner: N/A Owner Contact Information: N/A Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4-203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Susan Stein, representing the Arizona Municipal Clerks Association, for submission to the Arizona Department of Liquor. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): Funding Source: 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): Application Page 1 of 2 SUGGESTED MOTION (tor Council use): Mark Mayer, Community Services Director 4/17/2017 Approved: Grady E. Miller, anager 4/25/2017 Page 2 of 2 Arizona ;Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: Arizona Municipal Clerks Association (AMCA) SECTION 2 Non-Profit/IRS Tax Exempt Number: SECTION 3 The organization is a: (check one box only) ❑Charitable❑✓ Fraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship)❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes [Z]No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ❑✓ Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this event? ❑On-site consumption ❑✓ Off-site (auction) ❑Both SECTION 7 Location of the Event: Fountain Hills Community Center Address of Location: 13001 N. LaMontana Drive Fountain Hills Maricopa AZ 85268 Street City COUNTY State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes [Z]No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: Stein Susan Marie Last First 2. Applicant's mailing address: 2355 Trane Road Street 3. Applicant's home/cell phone: ( 602) 703-0224 4. Applicant's email address: 3/1/2016 sstein@bullheadcity.com 5/26/53 Middle Date of Birth Bullhead City AZ 86442 City State Zip Applicant's business phone: (928) 763-9400 X 468 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? [:]Yes [DNo (If yes, attach explanation.) 2. How many special event licenses have been issued to this location thisY ear? 1 (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event?❑Yes E]No (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Arizona Municipal Clerks Association Percentage: 100 % Address 1820 W. Washington Street, Suite 200 Phoenix AZ 85007 Street City State Zip Name Percentage: Address Street City State Zip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License. Note: All ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (list type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police 0 Number of Security Personnel [:]Fencing [--]Barriers Explanation: The Fountain Hills Community Center does not require security for this event; the alcohol is not consumed on site. This event is a silent auction to raise funds for AIVICA scholarships. Items contained in various region baskets are donated by members of the organization. SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Da of Week Event Start License End Y Time AM/PM Time AM/PM DAY 1: July 25, 2017 Tuesday 8:00 am 5:00 pm DAY 2: July 26, 2017 Wednesday DAY 3: July Z7, 2017 Thursday DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 8:00 am 8:00 am 3/1/2016 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. 5:00 pm 5:00 pm SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. �q-s e p���ram see '4 IT'4 . eA 3/1/2016 Page 3 of 4 Individuals requiring ADA accommodations call 16021542-9027. Ni 107 SENIOR NET 735 SF NAVAJO RM 735 SF t HOPI RM 942 SF PIMA RM 942 SF SENIOR � SERVICES OFFICE 1,030 SF 117 F' CONF 530 SF 114SI , 11 148 SF 138 0 ICE 135 SF 126 S r. MAIN ENTRANCE NORTH ep, ART RM 1145 SF LOBBY ` 7,713 5 SOUTH STORAGE 1145 SF BALLROOM 2 I BALLROOM 3 1,798 SF 1,816 SF BALLROOM 1 I BALLROOM 4 1,793 SF 1,830 SF GLASS HALL SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. I, (Print Full Name) Susan Marie Stein the organization filing this application as listed in Section 9. are true, correct and complete. X,40 � �x��,PresidenI Signature declare that I am an Officer, Director or Chairperson of I have read the application and the contents and all statements Title/ Position The foregoing instrument was acknowledged before me this Day State Countyof V� My Commission Expires on: IQ - 1 1' Date SECTION 14 This section is to be completed only by the applicant named in Section 9. 4/7/17 928-763-9400 Date Phone Number DEBYFTGDEN Notary Public _ Arizona Mohave County CM11N1. Euplrts Doc 19, 1 I, (Print Full Name) Susan Marie Stein declare that I am the APPLICANT filing this application as listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete. X��� President 4/7/17 928-763-9400 Signature Title/ Position Date Phone Number The foregoing instrument was acknowledged before me thisFE l f Day Mont e State - ILf?XY1q County of h�� DEBIE OGDEN Notary Public _Arizona �G ,, +: 'I Mohave County My Commission Expires on: d I tpo 19 Date Signatbfd of Notary Public Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http://www.azliauor.gov/assets/documents/homepage docs/spec event links.pdf. SECTION 1S Local Governing Body Approval Section. I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City, Town, County) Signature Date Phone SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter, prohibited agency action; prohibited acts by state employees; enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. TOWN OF FOUNTAIN HILLS TOWN COUNCIL Z� Meeting Date: 5/4/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Suzanna Henderson representing the Fountain Hills Theater located at 11445 N. Saguaro Blvd, Fountain Hills, AZ for the purpose of a fundraiser from 5:30 pm to 10:30 pm on Monday, June 5, 2017. Applicant: Suzanna Henderson Applicant Contact Information: 610-751-9825 Owner: Same Owner Contact Information: Same Property Location: 11445 N. Saguaro Blvd, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Suzanna Henderson 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 Prepared by: Rachael Goodwin, Recreation Supervisor 4/25/2017 Director's Approval: Mark Mayer, Community Services Director 4/25/2017 Ap roved: Grady E. Miller, wn Hager �ivvwJ 4/25/2017 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 4/12/2017 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services x • Development Services Rachael Goodwin • Law Enforcement • Licensing Development Services FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Theater Applicant: Suzanna Henderson Date(s) of Event: June 5, 2017 at The Fountain Hills Theater, 11445 N. Saguaro Blvd. , in conjunction with a fundraiser. Date Application Received: 04/06/2017 Town Council Agenda Date: 5/4/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson x Community Services Rachael Goodwin X Development Services Bob Rodgers 1 Fire Department Jason Payne Law Enforcement Mark Fisher Licensing Sonia Kukkola x Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. ro Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: i"C^50 FUCI t D 'I ) S I br— SECTION 2 Non-Profit/IRS Tax Exempt Number: _7 e- � C J) q n j SECTION 3 The organization is a: (check one box only) Charitable❑Fraternal (must have regular membership and have been in existence for overfive (5) years) ❑Religious ❑Civic (Rotary, College Scholarship)❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes 2No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ®Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this event? ®On-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event: -yn, xE�n Address of Location: 11iV . �LCi t_ eAMO Street & City COUNTY State I Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes ONO SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) / 'x__1`1�_ 0 1. Applicant: Bf-'L Last First 'Aiddle Dat of Birth 2. Applicant's mailing address: P`0. End( I eA�J 1 � VI1t boaQ 44 .' 1, L`--�, -A �? y l Lj _/ _ c�Zz G1 S Street City State Zip 3. Applicant's home/cell phone: Applicant's business phone:�Oj �c5uzp.� 4. Applicant's email address: Z CDr O_ 3/1/2016 Page 1 of - Individuals requiring ADA accommodations call (602)542-9027. ti SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? OYes RNo (If yes, attach explanation.) 2. How many special event licenses have been issued to this location this year? ., (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event?❑Yes RNo (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name o44-Jit2Percenta e: `l � g I �0 1 Address - - Street city State Zip Name Address Stre et city Percentage: State Zip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police Number of Security Personnel ❑Fencing WBarriers Explanation: 1A-)-' (f�r dco!�:. r4(i- a'5 -e -ca -a zk) �r-w- SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EA CH "NON- CONSECUTIVE" DA Y Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 60 ' "'��DM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 3/1/2016 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. I, (Print Full Name) SOZ0_-X3)a11_c c— -7> �n declare that I am an Officer, Director or Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements are true ect and cote. /tc if 0 -4-94,) Title/ Position -6 at P`o1Te Number The foregoing instrument was acknowledged before me this 06 �;D / 7 Lam, OFDay Month Year a f ,C mission #148632 t Notary Public - Slato of Arl IS9i,6,A OU % 1 My comm. zp ras Au t oZ7 Sig ature of Notary Public i 5tG11UN 14 This section is to be completed only by the applicant named in Section 9. I, (Print me) T�f R��'F—if� A 'Tr,C) + Lfl 8 tJ declare that I am the APPLICANT filing this application as ' e n 9. I hay read the application and the contents and, all statements are ue, correct and complete. 1 Signal re Titl / Position Dake Phone Number The foregoing instrument was acknowledged before me this / Day Month Year State County of #1a48 HI Notary Public P/e e ( oard for additional application requirements and submission deadlines. Additional lice before approval may be granted. For more information, please contact your local jurisdiction: http://www.azliquor.gov/assets/documents/homepage docs/spec event links pdf. SECTION 15 Local Governing Body Approval Section. I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City, Town, County) Signature Date Phone SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter: prohibited agency action: prohibited acts by state employees; enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of Individuals requiring ADA accommodations call (602)542-9027. A • V SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT 3/1/2016 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. Q G Q C v �u c D c v 0 Cc o m D w 3 o o � Q v 0 v ID 0 N N O N J �c 17 Meeting Date: 5/4/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner mmoore@fh.az.gov (480) 81605139 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a CUT WAIVER REQUEST by EPCOR to permit an area of 2,613 sq. ft. to have up to a maximum 24' deep visible cut for the construction and replacement of a potable water booster pump station, located at 11210 N. Fountain Hills Boulevard. Case #CFW2017-01 Applicant: Zachary Pope, GHD, Inc. Applicant Contact Information: 4747 North 22 d Street, Suite 200, Phoenix, AZ 85016 Owner: Travis Nuttall, EPCOR Water Owner Contact Information: 2355 West Pinnacle Peak Road, Suite 300, Phoenix, AZ 85027 Property Location: 11210 North Fountain Hills Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: Subdivision Ordinance Article 5, Section 5.03 Staff Summary (background): EPCOR Water is requesting a 14 -foot waiver from the maximum allowed 10 - foot cut depth to allow for a 24 -foot cut for the installation of a new booster pump station and associated equipment. This request requires Town Council approval, per Section 5.03 of the Subdivision Ordinance, which states: "Limitations on Cut and Fill: Except as provided in Subsection 5.03.E below, the height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, un -retained, or a combination thereof. Except as provided in Subsections 5.03.E and 5.03.E below, the total combined height of any fill or the depth of any cut area as a result of subdivision improvement grading and/or any subsequent grading, including but not limited to grading approved as a part of building permit approval, shall not total more than ten feet, as measured from natural grade, unless otherwise provided in this Article. These limitations on cut and fill apply to all zoning districts. These limitations may be waived by the Town Council and in the case of unexposed basement cuts, may be approved by the Zoning Administrator as provided in Subsection 5.03.E below." Staff has identified three objectives in reviewing cut and fill waiver requests. Those objectives are: 1. To reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of ways. The slope of the cut would be facing the existing water resevoir, away from the adjcent roadway (Fountain Hills Boulevard). Currently, because of the depth of the existing cut, the tank and equipment are minimally exposed to Fountain Hills Boulevard. EPCOR will be installing a landscape buffer along the entire top of the slope, around the proposed parking pad in the southeast corner of the property, and along the rear of a new decorative CMU block wall constructed along the perimeter of the northwest project site, adjacent to the wash. Page 1 of 3 2. To review the measures applied by the designer to minimize the amount of cut on the lot. This is a design -build project, and as such no specific plans have been provided to staff showing efforts to minimize the amount of cut and fill on the lot. However, as part of the required building permit review process, Town engineering will be able to assess that the minimum amount of cut is being made. 3. To consider possible alternatives to the proposed plan that would conform to the ten -foot maximum cut or fill. The applicant could possibly replace the equipment in the same locations as the existing equipment. By doing so, the amount of cut needed to accommodate the development activities would be minimized. However, as pointed out by the applicant in their narrative, advantages to the proposed location for the new equipment include: allowing the site to stay in operation during the construction of the new improvments; phasing of new improvements is not required; reducing visual and sound impacts on the surrounding community and scenic valley to the northeast; and shortening the construction time." The applicants have provided a narrative (attached) briefly outlining the changes being proposed. They have further stated that the current proposal is the best design they can accomplish. Risk Analysis (options or alternatives with implications): Granting the cut waiver will allow the installation of new equipment and associated improvements to the existing water resevoir facility. Denying the waiver will prevent the applicant from keeping the services provided by this resevoir active during the programmed upgrades, will lengthen the time it will take to make the upgrades as they will have to be phased, and will increase visual and sound impacts on the community due to the location where the work would have to be performed - adjacent to the wash. Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends that the Town Council approve the CUT WAIVER REQUEST by EPCOR to permit an area of 2,613 sq. ft. to have up to a maximum 24' deep visible cut for the construction and replacement of a potable water booster pump station, located at 11210 N. Fountain Hills Boulevard subject to the following stipulations: 1. The landscaping is installed per the plan submitted with this request 2. A decorative CMU block wall is installed along the north property line, adjacent to the wash 3. The minimum amount of cut is being made, as approved by the Town Engineer List Attachment(s): 1. Application 2. Applicant's narrative 3. Preliminary Site Plan SUGGESTED MOTION (for council use): Move to APPROVE a CUT WAIVER for EPCOR to permit an area of 2,613 sq. ft. to have up to a maximum 24' deep visible cut for the construction and replacement of a potable water booster pump station, located at 11210 N. Fountain Hills Boulevard subject to the stipulations in the staff report. Page 2 of 3 Prepare, Marissa (Moore, Sr. Planner / 4/20/2017 Directo;7- 770� Robe od pment ServicesDirector 4 20 2017 77 App ved: Y`N " Grady E. Miller, To 73 r � 4/24/2017 Page 3 of 3 �0- l� bZ 04- 17PO4:56 RCVD DO Not write in this space —official use only Filing Dated / Accepted By A11,1 wo Fee Accepted J� 3CiV, Case Manager The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat ✓ Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) Variance ff Other VKeutL I NAME / NATURE OF PROJECT: CCWC Reservoir 112 - Potable Water Booster Station Upgrades LEGAL DESCRIPTION: Plat Name Fountain Hills Final Plat No. 605-A Block 1,2 Lot 24, 14,15 PROPERTY ADDRESS: 1210 North F.-tain H ns 13-1-vard, Fountain Hau., AZ 85269 PARCEL SIZE (Acres) 3 ASSESSOR PARCEL NUMBER 176-13-412 NUMBER OF UNITS PROPOSED NIA TRACTS N1A EXISTING ZONING R1-35 PROPOSED ZONING N/A A licant MrS. Zackary Pope, GHD, Inc. Day Phone 602-216-7237 ✓ Mr. Ms. Address: 4747 North 22nd street, Sutte 200 City: Phoenix State: Az Zip: 85016 Email: Zackary.Pope@ghd.com Owner Mrs. Travis Nuttall, EPCOR Water Day Phone 623-445-2437 ✓ Mr. Ms. Address: 2.315 West Pinnacle Peak Road, Suite 300 City: Phoenix State: Az Zip: 85027 If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER '` DATE April 6, 2017 I HEREBY HORIZE Gf1��Ci, �'nc , TO FILE THIS APPLICATION. Please Print / Subscri a rn before me this LPH? day of (�, _,20 Commission Expires _3ZZFLI q AMTA SALT W6MRM MUNIS Not3ryMARPI — 1° APPLICATION # J –p( My CoffnO lore 0010ft WATER Chaparral City Water Company (CCWC) Reservoir #2 Cut/Fill Waiver Narrative Report EPCOR Water Arizona, Inc. 2355 W Pinnacle Peak Road, Suite 300 Phoenix, AZ 85027 CONTACT: Travis J. Nuttal, PE Engineering Project Manager (623) 445-2437 tnuttall@epcor.com Prepared by: GHD 14747 North 22"a Street, Suite 200, Phoenix, Arizona 85015, T: (602) 216-7200 Project No. 11136610 1 April 2017 may, - S n q'. -K Chaparral City Water Company (CCWC) Reservoir #2 Cut/Fill Waiver Narrative Report EPCOR Water Arizona, Inc. 2355 W Pinnacle Peak Road, Suite 300 Phoenix, AZ 85027 CONTACT: Travis J. Nuttal, PE Engineering Project Manager (623) 445-2437 tnuttall@epcor.com Prepared by: GHD 14747 North 22"a Street, Suite 200, Phoenix, Arizona 85015, T: (602) 216-7200 Project No. 11136610 1 April 2017 Table of Contents WATER 1. Description of Proposed Project...................................................................................................1 2. Standards and Codes Compliance...............................................................................................2 3. Timing and Phasing of the Project............................................................................................... 3 4. Mitigating Environmental Impacts................................................................................................3 GHD I CCWC Reservoir # 2 - Cut and Fill Waiver Narrative Report I Page i WATER 1. Description of Proposed Project The purpose of this project narrative is to obtain approval for a Cut/Fill Waiver by outlining the advantages of the proposed grading improvements to the site and community. The proposed project includes the design and construction of a replacement potable water booster pump station at the existing Chaparral City Water Company (CCWC) Reservoir #2 Booster Station (site). The facility is owned and operated by EPCOR Water (EPCOR) and provides potable water to the Town of Fountain Hills. It is located at 11210 N Fountain Hills Boulevard in Fountain Hills, AZ. The site is cut into the side of an existing hill and recessed below Fountain Hills Boulevard. It is mostly hidden from view from vehicular s=. and pedestrian traffic along Fountain Hills Boulevard due to the site's depth and a row of oleander trees that xs� screen the site. The area adjacent to the site to the north is a popular wash/valley corridor that is a publicly owned space frequented by hikers. The existing site and some of its equipment are also visible from homes across the valley to the northwest, north, and northeast. At y y ail - The existing facility was originally constructed in 1971. The existing booster pumps have reached the limits of their operational lifespan and require replacement. Several other components at the site (electrical gear, valving, metering) also require replacement. The proposed booster pumps and new improvements will provide the Town with additional pumping capacity and operational flexibility within the water distribution system. The pump and equipment locations will be moved in order to improve access for EPCOR's operation and maintenance staff. The new booster pump station and corresponding equipment will be relocated to the south side of the existing reservoir. Moving this equipment to the south side of the site between the reservoir and the existing adjacent hill will help shield the equipment from the view of the residential neighbors to GHD I CCWC Reservoir # 2 - Cut and Fill Waiver Narrative Report I Page 1 WATER the north and east as well as help mitigate any noise that has historically reflected off of the reservoir directly to the surrounding valley. Advantages to this location for the new equipment include: • Allows the site to stay in operation during the construction of the new improvements • Phasing of new improvements is not required • Reduces visual and sound impacts on the surrounding community and scenic valley to the north east • Shorter construction schedule In order to provide adequate space on the south side of the tank, a cut into the adjacent slope will be required. The proposed cut will be roughly 24 feet, which exceeds the ten (10) foot height limit set forth by Article V of the Town of Fountain Hills Subdivision Ordinance. The site's existing adjacent slope already has a cut of approximately 29 feet with a horizontal:vertical slope of approximately 2:1. The toe of the slope will be moved back roughly 30 feet in order to accommodate the new improvements. This will increase the slope to approximately 1:1. Slope stabilization will be required to mitigate any hazards caused by the proposed cuts. This will protect the new slope from collapsing and help reduce erosion. Techniques for soil stabilization will be selected by the Design Engineer & Contractor during the design -build phase of the project but may include the utilization of gunite, shotcrete, soil nails, retaining walls, etc. The project is currently in the preliminary design phase and will be soon moving to the design -build phase early in the summer of 2017. The proposed earthwork improvements will allow for the project to be constructed without any required phasing since the new booster pump station will be built with the existing station online. 2. Standards and Codes Compliance The existing site is located in a Single -Family Residential Zoning District (R1-35), is designated as a Utility Land Use, and complies with zoning requirements, the Fountain Hills General Plan 2010 ratified on May 18, 2010, and applicable streetscape standards and design guidelines set for by the Town of Fountain Hills Zoning Ordinance. The proposed improvements will not impact the site's compliance to the standards and codes. GHD I CCWC Reservoir # 2 - Cut and Fill Waiver Narrative Report I Page 2 WATER 3. Timing and Phasing of the Project The project is currently in the Preliminary Design Phase. GHD, Inc. is preparing a Preliminary Design Report that will be approved by ECPCOR in April 2017. EPCOR will then bid the project in May 2017 to seek a design -build team. This team will consist of an Engineering firm and a Construction firm to design and construct the project based off of the recommendations outlined in the Preliminary Design Report. The grading improvements would be made near the beginning of construction and construction is expected to be complete by the end of 2017. 4. Mitigating Environmental Impacts The proposed improvements will help shield the equipment from view of the existing neighbors and users of the publicly owned space adjacent to the property. It will also help to mitigate sound generated by the equipment at the facility. GHD I CCWC Reservoir # 2 - Cut and Fill Waiver Narrative Report i Page 3 AV 1-0 A SECTION VICINITY MAP vrs ROOSTER PUMP STATION & SITE IMPROVEMENTS ,_�ENVEDEVELO MENT PLAN TATIVE DEVELO Meeting Date: 5/4/2017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162, crudolphy@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017-12 of the Mayor and Council of the Town of Foutain Hills, Arizona, setting forth the tentative budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2017, and ending June 30, 2018. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The proposed FY17-18 budget was presented to the Town Council and the public during the month of April as well as a Budget Open House (April 20). Total proposed expenditures for all funds are $35.3M with estimated revenues of $25.6; Resolution 2017-12 establishes the maximum amount of expenditures for the fiscal year. Subsequent to approval of this Resolution, changes to the budget can be made within line items but the total amount cannot exceed $35.3M Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $35,333,495 Budget Reference (page number): pp 104-105, 127-129 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): Resolution 2017-12 SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2017-12. Page 1 of 2 Prepared by: NA Click dere to enter a date. Direct7judoll/j/u/ l 7 Craig ROdolp, Fi ance Director 4/27/2017 Approved: L. " 'k Grady E Miller, Tow ger 7/2017 Page 2 of 2 TOWN OF FOUNTAIN HILLS TENTATIVE BUDGET FY 2017-18 Grady Miller, Town Manager Craig Rudolphy, Finance Director May 4, 2017 FY2017-18 TENTATIVE BUDGET $35133301495 (excluding transfers) PREVIOUS FISCAL YEAR BUDGETS • FY12 $33.9M • FY13 $30.9M • FY14 $41.2M • FY 15 $44.6M • FY16 $36.7M • FY17 $34.3M FY17-18 BUDGET BY CORE SERVICES FROM ALL FUNDS (EXCLUDES TRANSFERS) • Public Safety • General Government • Administration • Excise Tax-Downtown/ED/Tourism • Public Works • Development Services • Community Services • Debt Service • Special Revenue Funds • Capital $ 71732,459 1,369,057 3,719,323 534,905 837,495 1,890,482 2,352,113 2,906,902 5,971,634 8,019,125 Total $35,333,495 BUDGET ASSUMPTIONS • Revenue projections determined using trend analyses and flat percentage increases as well as estimates of building activity; they are our best guesses for future revenues • Modest increase in State Shared revenues for FY 2017-18 • Building permit activity projected to include permits for Adero Canyon, Firerock and Copper Ridge • Additional priority staffing levels were considered based on necessity • A cost of living adjustment of 2.5% will go into effect July 1, 2017, for all full-time and part-time employees BUDGET ASSUMPTIONS - CONTINUED • No inflation factor for FY17, 3.5% for subsequent years • Annual General Fund payment for Community Center was required beginning in FY16-17 • Adherence to the State -imposed Expenditure Limitation Law may limit the Town's ability to budget proposed capital projects • Maintaining existing levels of service although challenging (no new programs) • Public safety contracts increase 3.0% - 10.0% through FY21 • MCSO had a 2.6% decrease; future years 10% increase • Rural/Metro Fire has a 3.0% increase BUDGET ASSUMPTIONS - CONTINUED • TPT Construction Sales Tax Revenue included in Projections (impact of any legislation is unknown at this time) • The projections do not presume development of the former State Trust land within the next five years FY17-18 BUDGET ASSUMPTIONS FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 New staff 2.00 0 0 0 0 MCSO Increase <2.6%> 10% 10% 10% 10% Rural Metro Increase 3.0% 3.0% 3.0% 3.0% 3.0% Inflation 0% 3.5% 3.5% 3.5% 3.5% Building Permits 96 86 73 64 69 Election Costs $0 $26,500 $0 $28,000 $0 Community Center debt payment subsidy $377,586 $381,754 $305,760 $0 $0 2017-18 MAJOR CAPITAL PROJECTS • Drainage —Miscellaneous ($50,000 CIP) • Downtown Lighting Improvements ($100,000 Downtown Strategy) • Fire Station #2 Relocation Project ($3,,239,.632 CIP, $160,368 Development Fees, $150,000 Other Sources) • Purchase and Install Chiller ($50,.000 CIP) • Adero Canyon Trailhead ($460,,401 CIP, $1,,824,.599 Development Fees) • Plaza Fountainside Courtyard Area Improvements ($125,000 CIP; $20,000 Other Sources) • Video Surveillance Cameras ($50,.000 CIP) 2017-18 MAJOR CAPITAL PROJECTS - CONTINUED • Fountain Hills Blvd. Widening ($100,000 CIP) • Fountain Hills Blvd. Shoulder Paving ($295,000 CIP, $255,000 Grant) • Wayfinding Signs ($100,000 CIP) • Contingency ($69,800 CIP) Total $7,049,800 OUTSTANDING BONDS at 7/1/18 MMMMBond Purpose Tyke of Issue GO Refunding Road GO Construction Total GO Date of Interest Date of Original Principal Principal Outstanding Bond Issue Rate Maturity Amount Amount Retired Principal Total GO - Eagle Mtn 2,300,000 740,000 1,560,000 Grand Total $ 18,970,000 $ 6/1/2005 4.00 7/1/2019 $ 7,225,000 $ 6,460,000 $ 765,000 2.00- 12/18/2014 3.00 7/1/2020 7,565,000 2,855,000 4,710,000 14, 790, 000 9,315,000 5,475,000 Rev Refunding 6/4/2015 1.62 7/1/2020 1,880,000 850,000 1,030,000 Total Rev 1,880,000 850,000 1,030,000 GO Eagle Mtn 6/4/2015 1.76 7/1/2021 2,300,000 740,000 1,560,000 Total GO - Eagle Mtn 2,300,000 740,000 1,560,000 Grand Total $ 18,970,000 $ 10,905,000 $ 8,065,000 GO General Obligation Bonds Rev Revenue Bonds Revenue Bonds include Community Center General Obligation Bonds include Library/Museum, Preserve and Saguaro Blvd. $20.0 $18.0 $16.0 $14.0 $12.0 $10.0 GENERAL FUND PROJECTIONS (excludes transfers) General Fund Revenues and Expenditures Fiscal Years 2007 through 2022 (in millions) FY06-07 FY07-08 FY08-09 FY09-10 FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 � Revenues • Expenditures 12 $19.0 $17.0 $15.0 $13.0 0 $11.0 $9.0 $7.0 $5.0 GENERAL FUND PROJECTIONS (excludes transfers) FY2018-2022 Projected General Fund Revenues and Expenditures FY17-18 FY18-19 -NOTAL GENERAL FUND EXPENDITURES FY19-20 FY20-21 '/ OPERATING REVENUE 13 2017-18 BUDGET HIGHLIGHTS Departmental Funding Requests: There were $1,807,412 in Core Services Supplemental Budget requests submitted with $1,598,942 recommended as follows: General Fund • Administration - $146,673 • General Government - $100,000 • Municipal Court - $2,355 • Public Works - $20,600 • Community Services - $63,589 • Fire & Emergency Medical/Law - $19,000 Other Funds • Economic Development Fund - $50,000 • Tourism Fund - $30,000 • Environmental Fund - $146,720 • Court Enhancement Fund - $53,155 • Facilities Replacement Fund - $906,850 • Development Fees Funds - $60,000 FY17m18 BUDGET SUMMARY (EXCLUDES TRANSFERS) Fund Revenues Expenditures. Reserves Operating Funds $16.41VI $18.01VI ($1.6M) HURF $3.61VI $3.81VI ($0.2M) Excise Tax $.5M $.5M $0 Special Revenues $1.81VI $2.11VI ($0.3M) Debt Service $2.31VI $2.91VI ($0.6M) Capital Projects $1.0m $8.01VI ($7.01VI) TOTALS $25.61VI $35.31VI ($9.7M) SUMMARY OF CHANGES 2017-18 BUDGET(EXCLUDES TRANSFERS) Expenditure Details 2016/17 2017/18 % Change SERVICE $ million $ million % Wages & Benefits $4.OM $4.1M 4.6% Maintenance/Utilities $4.1M $4.6M 11.1% Contractual Services $9.9M $11.4M 15.2% Supplies & Services $1.OM $1.7M 69.3% Capital Expense from all Funds $9.7M $7.8M (19.0)% Debt Service $2.9M $2.9M (0.5%) Internal Service/ Contingency $2.7M $2.8M 4.4% TOTAL $34.3M $35.3M 2.9% GENERAL FUND (EXCLUDES TRANSFERS) OPERATING BUDGETS ExpenditureDetails 2016/17 SERVICE $ Budget (revised) $ Budget $ Change % Council $72,545 $71,849 ($696) (1.0%) General Government $752,343 $1,369,057 $616,714 82.0% Administration, Finance, HR, IT, Legal $2,092,500 $2,342,476 $249,976 11.9% Court Services $321,254 $339,913 $18,659 5.8% Public Works, Facilities $1,059,334 $1,029,137 ($30,197) (2.9%) Development Services, Planning, Engineering $698,006 $1,698,840 $1,000,834 243.4% Community Services, Recreation and Culture, Parks, Community Center, Seniors $2,419,389 $2,352,113 ($67,276) (2.8%) Fire, Emergency Medical Services $3,405,877 $3,508,054 $102,177 3.0% Law Enforcement $3,814,531 $3,715,447 ($99,084) (2.6%) TOTAL OPERATING BUDGET $15,054,199 $16,935,843 $1,881,644 12.5% GENERAL FUND (EXCLUDES TRANSFERS) OPERATING BUDGETS - CHANGES Supplemental Budget Requests Contingency increase Rural Metro increase MCSO decrease Otherchanges Changes FY16-17 to FY17-18 (99,084) 1,0751199 $119471517 RESERVE FUNDS (FUND BALANCES) Fund .,: Estimated Year Balance General Fund (includes Rainy Day Fund) $ 6,205,155 Highway User Revenue Fund 116611571 Downtown Strategy Fund 892,389 Economic Development/Tourism Funds 1261276 Special Revenue Funds 6411564 Debt Service Funds 118,657 Capital Projects Fund 3,137,116 TOTAL $12,782,728 Presiding Judge Fire / EMS Town Prosecutor Community Services Parks Recreation / Tourism Community Center Seniorm Services 0 Citizens of Fountain Hills Mayor and Town Council Town Manager Town Attorney Development Law Services Public Works Administration Enforcement Finance / Engineering Streets Information Technology GIS Facilities Administrative Services Building Safety Inspection Town Clerk Appointed Planning Volunteer by Council Program Code Economic Contracted Enforcement Development 120 110 100 90 N 80 N 70 N 60 N 50 N 40 PERSONNEL Number of FTE Employees FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 Increase results from adding part-time Civil Plans Examiner, part- time Permit Technician, and Economic Development Analyst. PERSONNEL • Personnel requests from Development Services, Public Works, Finance and Community Services • 2 new part-time staff and 1 full-time position recommended • 44 Full Time Employees/ 27 Part Time Employees... 55.95 Total Full Time Equivalent Employees • 2.5% Increase recommendation for all employees in the amount of $78,,790 included • AZ Metropolitan Trust has saved Town $100,000 annually in medical, dental, vision, and other employee benefit costs • Total Personnel Cost $4,209,986. Increase of 6.2% PERSONNEL & BENEFITS $4,146,113 t 4.6% WAGES and BENEFITS INCREASE/ FUND REVISED PROPOSED BUDGETBUDGET (DECREASE) PRIOR .. General Fund $3,366,038 $3,5481411 5.4% HURF $405,235 $4061203 0.2% Economic Development $104,020 $1711280 3.3% Tourism Fund $65,431 $609839 7.0% Environmental Fund $22,971 $23,253 1.2% TOTAL $3,9639695 $492099986 4.6% A 2.5% salary adjustment for employees is recommended at a total cost of $78,790 Full Time Equivalent (FTE) Employees: FY15 FY16 FY17 FY17 ®®MM FY 2017-18 ANNUAL BUDGET FY17m18 TENTATIVE BUDGET $351333,P495 (excludes transfers) NEXT STEPS Approval of Three (3) Budget Resolutions: — 1St Resolution Adopts the Proposed Budget on May 4, 2017 — 2nd Resolution Adopts the Final Budget on June 1, 2017, and clarifies the parameters of administering the 2017/18 Budget • Assists Staff with policy direction as to administering policies and procedures governing planned budgeted expenditures • Assists the Mayor & Town Council and Citizens with a clear understanding of parameters of the various departmental and program expenditures for the Final Adopted Budget • Approves the Organizational Charts, FTE Schedule, Job Descriptions and Pay Plans for FY 2017-18 • Includes adoption of the Fee Schedule as proposed — 3rd Resolution Adopts the Tax Levy on June 15, 2017 GENERAL FUND PROJECTIONS Comparison of FY16-17 General Fund Operating Cost Per 1,000 Citizens Goodyear $1.58 Paradise Valley $1.37 Scottsdale $1.22 Tempe $1.12 Casa Grande $0.93 Surprise $0.79 Mesa $0.77 Gilbert Ad Fountain Hills Queen Creek $- $0.20 $0.40 $0.60 $0.80 $1.00 $1.20 $1.40 $1.60 $1.80 GENERAL FUND PROJECTIONS Comparison of FY16-17 General Fund Operating Cost Per 1,000 Citizens Sahuarita $1.18 Nogales $1.14 Ki ngman $0.99 Payson $0.99 Douglas $0.82 EI Mirage $0.77 Somerton $0.70 Eloy $0.68 Fountain Hills Queen Creek $0.54 San Luis $0.53 Florence $0.47 $- $0.20 $0.40 $0.60 $0.80 $1.00 $1.20 $1.40 Above includes all cities/towns with population between 15,000 and 35,000. RESOLUTION 2017-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN OF FOUNTAIN HILLS FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018. WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and Council of the Town of Fountain Hills (the "Town Council") is required to adopt a budget for each fiscal year; and WHEREAS, in accordance with ARIZ. REv. STAT. § 42-17102, the Town Manager has prepared and filed with the Town Council the Town Manager's Budget estimates for the fiscal year beginning July 1, 2017, and ending June 30, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated herein by reference are hereby adopted as the Town's official tentative budget for the fiscal year beginning July 1, 2017, and ending June 30, 2018, including the establishment of the maximum budget amount for such fiscal year in the amount of $35,333,495. SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall publish in the official Town newspaper once a week for two consecutive weeks (i) the official tentative budget and (ii) a notice, in the form attached as Exhibit B and incorporated herein by reference, of the public hearing of the Town Council to hear taxpayers and make tax levies at designated times and places. The notice shall include the physical addresses of the Fountain Hills Town Hall, the Fountain Hills branch of the Maricopa County Library and the Town website where the tentative budget may be found. SECTION 4. The Town Manager or designee shall, no later than seven business days after the date of this Resolution, (i) make available at the Fountain Hills Town Hall and the Fountain Hills branch of the Maricopa County Library a complete copy of the tentative budget, and (ii) post the tentative budget in a prominent location on the Town's website. SECTION 5. 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. [SIGNATURES ON FOLLOWING PAGE] 2955212.1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 4, 2017. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2955212.1 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-12 [Tentative Budget] See following pages. 2955212.1 OFFICIAL BUDGET FORMS TOWN OF FOUNTAIN HILLS Fiscal Year 2018 4/15 TOWN OF FOUNTAIN HILLS TABLE OF CONTENTS Fiscal Year 2018 Schedule A—Summary Schedule of Estimated Revenues and Expenditures/Expenses Schedule B—Tax Levy and Tax Rate Information Schedule C—Revenues Other Than Property Taxes Schedule D—Other Financing Sources/<Uses> and Interfund Transfers Schedule E—Expenditures/Expenses by Fund Schedule F—Expenditures/Expenses by Department (as applicable) Schedule G—Full-Time Employees and Personnel Compensation 4/15 TOWN OF FOUNTAIN HILLS Summary Schedule of Estimated Revenues and Expenditures/Expenses Fiscal Year 2018 Fiscal Year S c h FUNDS General Fund Special Revenue Fund Debt Service Fund Capital Projects Fund Permanent Fund Enterprise Funds Available Internal Service Funds Total All Funds 2017 Adopted/Adjusted Budgeted Expenditures/Expenses* E 15,054,199 6,329,113 2,922,266 9,695,420 0 0 297,780 34,298,778 2017 Actual Expenditures/Expenses** E 15,054,199 6,329,113 2,922,266 9,695,420 0 0 297,780 34,298,778 2018 Fund Balance/Net Position at July 1*** 1 6,476,519 3,690,650 548,587 10,759,771 705,142 22,180,669 2018 Primary Property Tax Levy B 0 0 2018 Secondary Property Tax Levy B 1,893,694 1,893,694 2018 Estimated Revenues Other than Property Taxes C 16,935,843 5,988,983 374,426 965,288 0 0 397,292 24,661,832 2018 Other Financing Sources D 1 0 0 0 0 0 0 0 1 0 2018 Other Financing (Uses) D 0 0 0 0 0 0 0 0 2018 Interfund Transfers In D 62,500 578,368 209,838 2,577,024 0 0 1,000,000 4,427,730 2018 Interfund Transfers (Out) D 978,838 271,868 0 3,177,024 0 0 0 4,427,730 2018 Reduction for Amounts Not Available: LESS: Amounts for Future Debt Retirement: 0 Rainy Day Fund 2,711,008 2,711,008 0 0 2018 Total Financial Resources Available 19,785,016 9,986,134 3,026,545 11,125,059 0 0 2,102,434 46,025,187 2018 Budgeted Expenditures/Expenses E 16,935,843 6,545,923 2,906,902 8,019,125 0 0 925,702 35,333,495 EXPENDITURE LIMITATION COMPARISON 2017 2018 1. Budgeted expenditures/expenses $ 34,298,778 $ 35,333,495 2. Add/subtract: estimated net reconciling items (857,181) (844,483) 3. Budgeted expenditures/expenses adjusted for reconciling items 33,441,597 34,489,012 4. Less: estimated exclusions 6,704,523 7,759,092 5. Amount subject to the expenditure limitation $ 26,737,074 $ 26,729,920 6. EEC expenditure limitation $ 26,804,069 $ 28,182,002 Includes Expenditure/Expense Adjustments Approved in the current year from Schedule E. Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. Amounts on this line represent Fund Balance/Net Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). 4/15 SCHEDULE A TOWN OF FOUNTAIN HILLS Tax Levy and Tax Rate Information Fiscal Year 2018 2017 2018 1. Maximum allowable primary property tax levy. A.R.S. §42-17051(A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ B. Secondary property taxes 1,894,584 1,893,694 C. Total property tax levy amounts $ 1,894,584 $ 1,893,694 4. Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 1,894,584 (2) Prior years' levies (3) Total secondary property taxes $ 1,894,584 C. Total property taxes collected $ 1,894,584 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 0.4472 0.4101 (3) Total city/town tax rate 0.4472 0.4101 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the city/town was operating two (2) special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. 4/15 SCHEDULE B TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2018 Fines and forfeits Court Fines ESTIMATED ACTUAL ESTIMATED Interest on investments REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2017 2017 2018 GENERALFUND Local taxes Local Sales Tax $ 7,551,057 $ 7,551,057 $ 8,481,288 Franchise Tax 332,418 332,418 360,000 Licenses and permits 24,102 24,102 23,120 Animal License Fees 40,320 40,320 41,832 Business License Fees 103,500 103,500 131,076 Liquor License Fees 1,500 1,500 1,500 Building Permit Fees 556,512 556,512 450,619 Sign Permits 6,200 6,200 7,675 Landscape Permit Fees 25,200 25,200 28,980 Subdivision Fees 44,500 44,500 37,750 Special Event Permits 2,500 2,500 3,500 Engineering Fees 3,500 3,500 6,250 Planning & Zoning Fees 16,059 16,059 16,259 Plan Review Fees 430,884 430,884 349,714 Third -Party Revenues 950,000 Intergovernmental State Sales Tax 2,250,724 2,250,724 2,271,564 Fire Insurance Premium Tax 37,132 37,132 50,000 Shared Income Tax 2,925,453 2,925,453 2,999,604 Charges for services Parks & Rec User Fees 139,050 139,050 183,724 Encroachment Fees 35,000 35,000 40,000 Variances 9,000 9,000 6,000 Inspection Fees 17,000 17,000 17,000 Leases & Rents 254,691 254,691 235,423 Fines and forfeits Court Fines 195,685 195,685 200,000 Interest on investments Interest on Investments 30,000 30,000 12,680 In -lieu property taxes Contributions Voluntary contributions 10,305 10,305 30,285 Miscellaneous Miscellaneous 24,102 24,102 23,120 Total General Fund $ 15,042,292 $ 15,042,292 $ 16,935,843 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2018 4/15 SCHEDULE C ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2017 2017 2018 SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway User Tax $ 1,444,905 $ 1,444,905 $ 1,553,494 Vehicle License Tax 929,081 929,081 1,013,279 Local Sales Tax 692,778 692,778 769,512 In -Lieu Fees 262,000 262,000 262,000 Interest 300 300 2,340 Miscellaneous 25,000 25,000 25,000 $ 3,354,064 $ 3,354,064 $ 3,625,625 Downtown Strategy Fund Sales -Excise Tax $ 69,278 $ 69,278 $ 76,956 Interest 3,036 3,036 3,060 $ 72,314 $ 72,314 $ 80,016 Economic Development Fund Sales -Excise Tax $ 277,111 $ 277,111 $ 307,800 Interest 96 96 48 $ 277,207 $ 277,207 $ 307,848 Grants Miscellaneous $ 1,476,000 $ 1,465,430 $ 1,344,000 $ 1,476,000 $ 1,465,430 $ 1,344,000 Public Art Public Art $ 15,000 $ 15,000 $ 15,000 Interest 12 12 60 $ 15,012 $ 15,012 $ 15,060 Court Enhancement Fund Court Enhancement/JCEF Revenue $ 16,350 $ 16,350 $ 24,600 Interest 100 100 180 $ 16,450 $ 16,450 $ 24,780 Cottonwoods Maintenance District Cottonwoods Maintenance District $ 5,588 $ 5,588 $ 5,490 $ 5,588 $ 5,588 $ 5,490 Tourism Fund Grants $ 70,000 $ 80,570 $ 93,000 Interest 180 $ 70,000 $ 80,570 $ 93,180 Environmental Fund Environmental Fee $ 540,000 $ 540,000 $ 492,444 Interest 540 $ 540,000 $ 540,000 $ 492,984 Total Special Revenue Funds $ 5,826,635 $ 5,826,635 $ 5,988,983 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2018 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2017 2017 2018 DEBT SERVICE FUNDS General Obligation Debt Service Interest Income $ 210 $ 210 $ 720 $ 210 $ 210 $ 720 Eagle Mountain CFD Property Taxes $ 378,392 $ 378,392 $ 372,746 Interest Income 150 150 120 $ 378,542 $ 378,542 $ 372,866 Municipal Property Corp Interest Income 300 300 840 $ 300 $ 300 $ 840 Total Debt Service Funds $ 379,052 $ 379,052 $ 374,426 CAPITAL PROJECTS FUNDS Capital Projects Fund Sales Tax -Local $ 433,023 $ 433,023 $ 368,124 Grants 255,000 255,000 275,000 Interest 6,000 6,000 6,024 Miscellaneous 150,000 150,000 150,000 $ 844,023 $ 844,023 $ 799,148 Facilities Replacement Fund Interest Income $ $ $ 1,440 $ $ $ 1,440 Development Fee Funds Development Fees $ 180,571 $ 180,571 $ 158,160 Interest Income 6,264 6,264 6,540 $ 186,835 $ 186,835 $ 164,700 Total Capital Projects Funds $ 1,030,858 $ 1,030,858 $ 965,288 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2018 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2017 2017 2018 PERMANENT FUNDS Total Permanent Funds $ $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE C TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2018 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2017 2017 2018 INTERNAL SERVICE FUNDS Internal Service Fund $ 73,840 $ 73,840 $ 65,889 Vehicle Replacement Fund 268,090 268,090 331,403 $ 341,930 $ 341,930 $ 397,292 Total Internal Service Funds $ 341,930 $ 341,930 $ 397,292 TOTAL ALL FUNDS $ 22,620,767 $ 22,620,767 $ 24,661,832 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE C TOWN OF FOUNTAIN HILLS Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2018 4/15 SCHEDULE D OTHER FINANCING INTERFUND TRANSFERS 2018 2018 FUND SOURCES <USES> IN <OUT> GENERALFUND MPC Debt Service Fund $ $ $ $ 209,838 Public Art Fund 39,000 39,000 Environmental Fund 200,000 Facilities Replacement Fund 500,000 Tourism Fund 30,000 General Fund -Tourism 13,500 General Fund -ED 10,000 Total General Fund $ $ $ 62,500 $ 978,838 SPECIAL REVENUE FUNDS Environmental Fund $ $ $ 200,000 $ Tourism Fund -General Fund 30,000 13,500 Tourism Fund -ED 148,368 Economic Development Fund 148,368 10,000 Downtown Stratefy Fund 100,000 200,000 HURF-Capital Projects Fund Total Special Revenue Funds $ $ $ 578,368 $ 271,868 DEBT SERVICE FUNDS Annual Debt Pmt for Community Center $ $ $ 209,838 $ $ $ $ 209,838 $ Total Debt Service Funds CAPITAL PROJECTS FUNDS Facilities Replacement Fund $ $ $ 500,000 $ HURF Fund 200,000 Project E8505 100,000 Vehicle Replacement Fund 1,000,000 Development Fees -Project F4005 160,368 Development Fees -Project P3025 1,816,656 Law Enforcement Dev Fee 160,368 Park/Rec Dev Fee 144,987 Open Space Dev Fee 1,671,669 Total Capital Projects Funds $ $ $ 2,577,024 $ 3,177,024 PERMANENTFUNDS Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ $ INTERNAL SERVICE FUNDS Capital Projects Fund $ $ $ 1,000,000 $ $ $ $ 1,000,000 $ Total Internal Service Funds TOTAL ALL FUNDS $ $ $ 4,427,730 $ 4,427,730 4/15 SCHEDULE D TOWN OF FOUNTAIN HILLS Expenditures/Expenses by Fund Fiscal Year 2018 CAPITAL PROJECTS FUNDS Capital Projects ADOPTED $ EXPENDITURE/ 9,263,885 $ 7,051,740 Law Enforcement Dev Fee BUDGETED EXPENSE ACTUAL Fire/Emergency Dev Fee BUDGETED EXPENDITURES/ ADJUSTMENTS 11,244 EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED Open Space Dev Fee EXPENSES* EXPENSES FUND/DEPARTMENT 2017 535 2017 431,000 2017 2018 GENERALFUND 906,850 Total Capital Projects Funds $ 9,745,420 $ (50,000) $ 9,695,420 $ Mayor & Town Council $ 72,545 $ $ 72,545 $ 71,849 Municipal Court 321,254 321,254 339,913 Administration 2,092,500 $ $ 2,092,500 ENTERPRISE FUNDS 2,342,476 General Government 980,986 (228,643) 752,343 1,369,057 Public Works 830,201 Total Enterprise Funds 830,201 $ 837,495 Development Services 927,139 0 927,139 1,890,482 Community Services 2,178,840 240,550 2,419,389 2,352,113 Law Enforcement 3,930,111 3,930,111 3,855,626 Fire & Emergency Medical 3,708,717 3,708,717 3,876,833 Total General Fund $ 15,042,292 $ 11,907 $ 15,054,199 $ 16,935,843 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 3,594,696 $ $ 3,594,696 $ 3,825,625 Downtown Strategy Fund 46,655 46,655 40,885 Economic Development Fund 139,483 139,483 252,823 Tourism Fund 208,220 10,570 218,790 241,198 Public Art Fund 39,000 13,093 52,093 39,383 Court Enhancement Fund 88,115 88,115 80,265 Special Revenue Fund 1,655,000 (10,570) 1,644,430 1,344,000 Cottonwoods Maint District 4,265 4,265 4,131 Environmental Fund 540,586 540,586 717,613 Total Special Revenue Funds $ 6,316,020 $ 13,093 $ 6,329,113 $ 6,545,923 DEBT SERVICE FUNDS General Obligation Bonds $ 2,119,350 $ $ 2,119,350 $ 2,121,550 Eagle Mountain CFD 409,226 409,226 407,656 Municipal Property Corp 393,690 393,690 377,696 Total Debt Service Funds $ 2,922,266 $ $ 2,922,266 $ 2,906,902 CAPITAL PROJECTS FUNDS Capital Projects $ 9,313,885 $ (50,000) $ 9,263,885 $ 7,051,740 Law Enforcement Dev Fee Fire/Emergency Dev Fee 11,244 Park/Rec Dev Fee 48,756 Open Space Dev Fee 535 535 535 Facilities Replacement Fund 431,000 431,000 906,850 Total Capital Projects Funds $ 9,745,420 $ (50,000) $ 9,695,420 $ 8,019,125 PERMANENTFUNDS Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ $ INTERNAL SERVICE FUNDS Internal Service $ 71,780 $ $ 71,780 $ 63,702 Vehicle Replacement 201,000 25,000 226,000 862,000 Total Internal Service Funds $ 272,780 $ 25,000 $ 297,780 $ 925,702 TOTAL ALL FUNDS $ 34,298,778 $ $ 34,298,778 $ 35,333,495 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4/15 SCHEDULE E TOWN OF FOUNTAIN HILLS Expenditures/Expenses by Department Fiscal Year 2018 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT/FUND 2017 2017 2017 2018 Mayor & Council General Fund $ 72,545 $ $ 72,545 $ 71,849 Mayor & Council Total $ 72,545 $ $ 72,545 $ 71,849 Administration General Fund $ 2,092,500 $ $ 2,092,500 $ 2,342,476 Downtown Strategy Fund 46,655 46,655 40,885 Economic Development Fund 139,483 139,483 252,823 Special Revenue Fund 1,655,000 (10,570) 1,644,430 1,344,000 General Obligation Debt 2,119,350 2,119,350 2,121,550 Eagle Mountain CFD 409,226 409,226 407,656 Municipal Property Corp 393,690 393,690 377,696 Cottonwoods Maint District 4,265 4,265 4,131 Capital Projects 693,885 (50,000) 643,885 171,740 Internal Service 71,780 71,780 63,702 Administration Total $ 7,625,834 $ (60,570) $ 7,565,264 $ 7,126,659 General Government General Fund $ 980,986 $ (228,643) $ 752,343 $ 1,369,057 Vehicle Replacement 111,000 115,000 226,000 862,000 General Government Total $ 1,091,986 $ (113,643) $ 978,343 $ 2,231,057 Municipal Court General Fund $ 321,254 $ $ 321,254 $ 339,913 Court Enhancement Fund 88,115 88,115 80,265 Municipal Court Total $ 409,369 $ $ 409,369 $ 420,178 Public Works General Fund $ 830,201 $ $ 830,201 $ 837,495 Highway User Revenue Fund 3,594,696 3,594,696 3,825,625 Environmental Fund 540,586 540,586 717,613 Capital Projects 1,880,000 1,880,000 850,000 Facilities Replacement Fund 431,000 431,000 906,850 Vehicle Replacement 90,000 (90,000) Public Works Total $ 7,366,483 $ (90,000) $ 7,276,483 $ 7,137,583 Development Services General Fund $ 927,139 $ 0 $ 927,139 $ 1,890,482 Development Services Total $ 927,139 $ 0 $ 927,139 $ 1,890,482 Community Services General Fund $ 2,178,840 $ 240,550 $ 2,419,389 $ 2,352,113 Tourism Fund 208,220 10,570 218,790 241,198 Public Art Fund 39,000 13,093 52,093 39,383 Capital Projects 2,940,000 2,940,000 2,480,000 Open Space Development Fee 535 535 535 Park/Rec Development Fee 48,756 Community Services Total $ 5,366,594 $ 264,213 $ 5,630,807 $ 5,161,984 Fire & Emergency Medical General Fund $ 3,708,717 $ $ 3,708,717 $ 3,876,833 Capital Projects 3,800,000 3,800,000 3,550,000 Fire/Emergency Dev Fee 11,244 Fire & Emergency Medical Total $ 7,508,717 $ $ 7,508,717 $ 7,438,077 Law Enforcement General Fund $ 3,930,111 $ $ 3,930,111 $ 3,855,626 Law Enforcement Dev Fee Law Enforcement Total $ 3,930,111 $ $ 3,930,111 $ 3,855,626 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4/15 SCHEDULE F TOWN OF FOUNTAIN HILLS Full -Time Employees and Personnel Compensation Fiscal Year 2018 Total Estimated Full -Time Employee Salaries Other Benefit Personnel Equivalent (FTE) and Hourly Costs Retirement Costs Healthcare Costs Costs Compensation FUND 2018 2018 2018 2018 2018 2018 GENERAL FUND 54.95 $ 2,878,416 $ 267,698 $ 282,255 $ 120,042 $ 3,548,411 SPECIAL REVENUE FUNDS Highway User Revenue Fund 4.85 $ 305,410 $ 33,594 $ 50,172 $ 17,027 $ 406,203 Economic Development Fund 2.00 135,789 14,937 16,335 4,219 171,280 Tourism Fund 0.90 47,541 5,230 6,470 1,598 60,839 Environmental Fund 0.25 18,740 2,061 1,671 781 23,253 Total Special Revenue Funds 8.00 $ 507,480 $ 55,822 $ 74,648 $ 23,625 $ 661,575 DEBT SERVICE FUNDS Total Debt Service Funds $ $ $ $ $ CAPITAL PROJECTS FUNDS Total Capital Projects Funds $ $ $ $ $ PERMANENT FUNDS Total Permanent Funds $ $ $ $ $ ENTERPRISE FUNDS Total Enterprise Funds $ $ $ $ $ INTERNAL SERVICE FUND Total Internal Service Fund $ $ $ $ $ TOTAL ALL FUNDS 62.95 $ 3,385,896 $ 323,520 $ 356,903 $ 143,667 $ 4,209,986 4/15 SCHEDULE G EXHIBIT B TO RESOLUTION 2017-12 [Notice] See following page. 2955212.1 Town of Fountain Hills Notice of Public Hearing Final Budget Adoption and Tax Levy On June 1, 2017, beginning at 6:25 PM, in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, public hearings will be held to allow members of the public to appear and testify or make inquiries regarding Fiscal Year 2017-18 Budgets for (i) the Town of Fountain Hills, (ii) the Eagle Mountain Community Facilities District Board, and (iii) the Cottonwoods Maintenance District Board, which will include fee increases or new fees. On June 15, 2017, beginning at 6:25 PM, in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, the Town of Fountain Hills, the Eagle Mountain Community Facilities District Board, and the Cottonwoods Maintenance District Board will adopt their property tax levies for the Fiscal Year ending June 30, 2018. A complete copy of the each of the budgets for the Fiscal Year 2017-18 may be viewed at: 1. Fountain Hills Town Hall (2nd floor), 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268 2. Fountain Hills Maricopa County Branch Library, 12901 LaMontana Drive, Fountain Hills, Arizona 85268 3. The Town of Fountain Hills website at: www.fh.az.gov Anyone wishing to respond may do so in person at the meetings or in writing prior to the date of the June 1, 2017, and June 15, 2017, meetings by delivering the written comments to the Town Clerk's office, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. 2955212.1 Issue 15 - April 21, 2017 Legislative Overview Today is the 103rd day of session and both chambers this week continued at a moderate pace processing and taking final action on bills and transmitting them to the governor for signature. Another week has gone by with no official action taken on the FY '18 budget. Rumor at the Capitol is both chambers are getting closer to striking a deal but one of the last remaining items of discussion is still the Arizona Board of Regents' TPT recapture proposal. We have heard the legislature could take action on the budget next week and, if the budget is adopted, the legislature will be positioned to quickly wrap up on the last remaining bills and sine die. Occupational Licensing Preemption Last week we included a Call to Action in the Bulletin urging you to contact your legislators regarding HB 2419 NOW: occupational regulation; municipalities; counties. As you will recall, this bill would have limited a city's or town's ability to license occupations. Additionally, it would have capped fees for existing licenses indefinitely at their current level. The bill was scheduled for a floor vote in the Senate on Wednesday but was pulled from the calendar at the last minute. Unfortunately, it has turned up on the Senate's calendar again for a vote on Monday. Oftentimes, there is an anecdote about one city or town that gives our opponents an opportunity to say there is a need for legislation. That is not the case with this bill. The bill's advocate—an out-of-state think tank—has not been able to point to one example of over regulation by a city or town. This is bad public policy making and we should not stand by and be preempted without putting up a fight. Please reach out to your Senators and let them know you want them to OPPOSE this bill. State Budget We have heard there is agreement between the House, Senate and governor's office on most of the budget items. The sticking point remains the Arizona Board of Regents' bonding proposal. It has been reported to us that this issue was the only topic in this week's round of small group budget meetings. There is still very little support at the legislature for using the Transaction Privilege Tax (TPT) diversion as the mechanism for funding the proposal but the governor and universities have not yet been willing to publicly support any alternative revenue sources for the bonding program. So the stalemate on the budget continues. While individual cities and towns have provided considerable financial support for the universities' capital programs within their communities, it is not the role or responsibility of local government to fund operations for higher education. We would typically be an ally for the universities, so it is even more unfortunate that this proposal forces us into a position of opposing them. Please express your appreciation to your legislators for holding strong on this issue. It is critical that the TPT and revenue sharing system are not compromised. GOOD NEWS — Wastewater Fees This week the House Committee of the Whole (COW) took action on SB 1430 municipalities; wastewater fees; vacant land, sponsored by Senator David Farnsworth, R -Mesa, LD 16. As mentioned in previous Bulletin articles, a strike -everything amendment was adopted in the Senate, sponsored by Senator Warren Petersen, R - Gilbert, LD 12, that would have prohibited cities and towns from charging vacant land owners a standby fee to recover the cost of maintaining and repairing sewer infrastructure available to the property and repaying outstanding bonds. As a result, this bill would have required cities and towns to restructure existing debt obligations incurred to construct wastewater facilities and force some property owners to pay for sewer capacity and infrastructure available to and on behalf of undeveloped property owners that are receiving benefits from its availability. Representatives Brenda Barton, R -Payson, LD 6; Isela Blanc, D -Tempe, LD 26; and Regina Cobb, R -Kingman, LD 5, provided explanations during COW that highlighted the negative impacts the bill would have, predominantly in the cities of Sedona, Lake Havasu City and Sierra Vista. Their effort led to the House defeating the measure with a vote of 17-37. Please reach out to and thank Representatives Barton, Blanc and Cobb and the other House members that voted to defeat this measure. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.