HomeMy WebLinkAbout170504P/��AIN�l
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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.
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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.
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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.
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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
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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.
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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.