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AMENDED — 9/14/17
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
Councilmember Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME 5:30 P.M. — REGULAR SESSION
The Council will convene an EXECUTIVE SESSION after the REGULAR
SESSION adjourns. (The Executive Session will be held in the Fountain Conference
Room - 2nd floor.)
WHEN: TUESDAY, SEPTEMBER 19, 2017
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Keith Pavia, Christ's Church of Fountain Hills
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) The Mayor will read a PROCLAMATION declaring November 28, 2017, as
"Giving Tuesday" in the Town of Fountain Hills.
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
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless
a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to
discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or
with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled.
The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
September 5, 2017.
2. CONSIDERATION of RESOLUTION 2017-26, approving an amendment to the
Intergovernmental Agreement with the Regional Public Transportation Authority relating to
transit services.
3. CONSIDERATION of approving RESOLUTION 2017-31, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easement located at
the northwesterly side property line of Plat 206, Block 4, Lot 11 (16540 E. Arroyo Vista
Drive), as recorded in Book 147, Page 02, records of Maricopa County, Arizona. (EA2017-
06)
4. CONSIDERATION of RESOLUTION 2017-32, ratifying the Town Manager's execution
of a COOPERATION AGREEMENT with Maricopa County for the Town of Fountain
Hills to participate in the Urban County Community Development Block Grant Program
(CDBG).
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5. CONSIDERATION of approving the SECOND AMENDMENT for Cooperative
Purchasing Agreement C2017-079 with Utility Construction Inc, in the amount of
$10,240.00, for additional lighting upgrades to Fountain Park, Desert Vista Park, and Four
Peaks Park.
Regular Agenda
6. CONSIDERATION of APPOINTING two (2) Planning and Zoning Commissioners for
two year terms beginning on October 1, 2017, through September 30, 2019.
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the SUNSET of
the McDowell Mountain Preservation Commission.
8. CONSIDERATION of authorizing staff to submit an APPLICATION to the Maricopa
Associations of Governments (MAG) for Federal Aid funding [Congestion Mitigation and
Air Quality (CMAQ) and Transportation Alternatives (TA -MAG)] for an Urban Trail along
Glenbrook Boulevard with estimated funding: Grant - $700,000; Town - $250,000.
9. 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.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S.
§ 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order
to consider its position and instruct its attorneys regarding the public body's position
regarding contracts that are the subject of negotiations, in pending or contemplated litigation
or in settlement discussion conducted in order to avoid or resolve litigation (Specifically
relating to the N -Shea Group, LLC vs. Town of Fountain Hills and the Park Place
Development Agreement).
2. ADJOURNMENT.
DATED this 12th day of September, 2017.
-
Bevelyn J. Aender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk's office.
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AMENDED — 9/14/17
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
Councilmember Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME 5:30 P.M. — REGULAR SESSION
The Council will convene an EXECUTIVE SESSION after the REGULAR
SESSION adjourns. (The Executive Session will be held in the Fountain Conference
Room - 2nd floor.)
WHEN: TUESDAY, SEPTEMBER 19, 2017
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Keith Pavia, Christ's Church of Fountain Hills
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) The Mayor will read a PROCLAMATION declaring November 28, 2017, as
"Giving Tuesday" in the Town of Fountain Hills.
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
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless
a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to
discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or
with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled.
The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
September 5, 2017.
2. CONSIDERATION of RESOLUTION 2017-26, approving an amendment to the
Intergovernmental Agreement with the Regional Public Transportation Authority relating to
transit services.
3. CONSIDERATION of approving RESOLUTION 2017-31, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easement located at
the northwesterly side property line of Plat 206, Block 4, Lot 11 (16540 E. Arroyo Vista
Drive), as recorded in Book 147, Page 02, records of Maricopa County, Arizona. (EA2017-
06)
4. CONSIDERATION of RESOLUTION 2017-32, ratifying the Town Manager's execution
of a COOPERATION AGREEMENT with Maricopa County for the Town of Fountain
Hills to participate in the Urban County Community Development Block Grant Program
(CDBG).
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5. CONSIDERATION of approving the SECOND AMENDMENT for Cooperative
Purchasing Agreement C2017-079 with Utility Construction Inc, in the amount of
$10,240.00, for additional lighting upgrades to Fountain Park, Desert Vista Park, and Four
Peaks Park.
Regular Agenda
6. CONSIDERATION of APPOINTING two (2) Planning and Zoning Commissioners for
two year terms beginning on October 1, 2017, through September 30, 2019.
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the SUNSET of
the McDowell Mountain Preservation Commission.
8. CONSIDERATION of authorizing staff to submit an APPLICATION to the Maricopa
Associations of Governments (MAG) for Federal Aid funding [Congestion Mitigation and
Air Quality (CMAQ) and Transportation Alternatives (TA -MAG)] for an Urban Trail along
Glenbrook Boulevard with estimated funding: Grant - $700,000; Town - $250,000.
9. 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.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S.
§ 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order
to consider its position and instruct its attorneys regarding the public body's position
regarding contracts that are the subject of negotiations, in pending or contemplated litigation
or in settlement discussion conducted in order to avoid or resolve litigation (Specifically
relating to the N -Shea Group, LLC vs. Town of Fountain Hills and the Park Place
Development Agreement).
2. ADJOURNMENT.
DATED this 12th day of September, 2017.
-
Bevelyn J. Aender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk's office.
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TOWN OF FOUNTAIN HILL'
PROCLAMATION
ATION
WHERE.,4S. Giving Tuesday was established as a national day of giving on the Tuesday
following. Thanksgiving; and
WHEREAS. Giving Tuesday is a celebration of philanthropy and volunteerism where
people give whatever they are able to give; and
WHEREAS, Giving Tuesday is a day where citizens work together to share
commitments, rally for favorite causes, build a stronger community, and think about
other people; and
11"IIEREAS, it is fitting and prosper on Giving Tuesday and on every day to recognise the
tremendous impact of philanthropy, volunteerism, and community service in the Town of
Fountain Hills; and
XVIII RE,4S, Giving Tuesday is an opportunity to encourage citizens to serve others
throughout this holiday season and during other times of the year.
NOW, THEREFORE, 1, Linda M. Kavanagh, Mayor of the Town of Fountain Hills,
Arizona, do hereby proclaim November 28, 2017 as Giving Tuesday in the Town of
Fountain Hills and encourage all citizens to join together to ,give back to the community
in any way that is personally meaningful.
IN R ITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the
official seal of the Town of Fountain Hills, Maricopa County, Arizona this 19`x' day of
September, 2417.
Attest:
'low r�
'"'•r��tx1p Bevely n .I. B der; rown Clerk
yi�rh$t�� X40
Meeting Date: 911912011
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 September 5, 201T
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 Attachments): None
SUGGESTED MOTION (for councii use): Move to approve the consent agenda as listed
Prepared by:
4mr��
Bevelyn Bender, Town Clerk 915!2017
Approved:
Gra E. Ml r, n nager 9/612017
Page 1 of 1
Meeting Date: 911912017
Agenda Type' Consent
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Regular Session
Submitting Department: Administration
Staff Contact Information: David Trimble, Admin. Services Director, 480-816-5125, dtrimble@fh.az.gov
Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017-26, approving an
irttergovenanxentat Areement amendment with the Regional Public Transportation Authority relating to Transit Services.
Applicant: NA
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background):. In Fiscal Year (FY) 2014-15, the Town entered into an agreement with the
Regional Public Transportation Authority (RPTA) to provide administration and transit services under the
RideChoice program. This program is funded with federal Americans with Disabilities (ADA) Public
Transportation Funds (PTF); therefore riders are required to quality under the ADA or be 65 years of age or
older to obtain the monthly ride credit. The subsidy is funded through PTF dollars and is administered by
RPTA. The amendment for approval relates to FY 2017-18, and specifies the dollar amount portions for the
Town and PTF. The Town portion is expected to be $0 based on past utilization. Therefore, PTF dollars are
expected to cover 100% of the cost of the RideChoice program based on past ridership and administration
costs incurred.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs, budget status): None
Budget; Reference (page number):
Funding Source: Grant Fund
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: Y es
Recommendations) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Approve
Pige , o; 2
List Attachment(s): Transit Services Amendment of Contract 124-75-2017, between the Town of Fountain
Hills and the Regional Public Transportation Authority for fiscal year 2017-18.
Original Transit Services Agreement: Contract 124-75-2017
SUGGESTED MOTION (for Council use): Move to approve Consent Agenda.
Prepared by:
quid rirnble. Adminlstraive Services birector 8/3012017
Director's Approval:
loa
avid Trimble. Administrative Services Director W3012017
Ap oved:
Grady E. Mille Town anager 91512017
Pugk! 2 ort
RESOLUTION 2017-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC
TRANSPORTATION AUTHORITY RELATING TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Amendment to the Intergovernmental Agreement with the Regional
Public Transportation Authority relating to transit services (the "Amendment") is hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 19, 2017.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor
REVIEWED BY:
Grady E. Miller, Town Manager
3037607.1
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION 2017-26
[Amendment]
See following pages.
3037607.1
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2018
THIS AMENDMENT dated this 1 st day of July, 2017, amends the following items of the
Transit Service Agreement Contract # 124-75-2017 entered into between the Town of Fountain
Hills and the Regional Public Transportation Authority, dated the 1 st day of July 2014 as amended
July 1, 2015 (collectively, the Agreement")
1. The following Sections of the Agreement dated July 1, 2014 are hereby amended to read as
follows:
SECTION 2. SCOPE OF AGREEMENT
During the term of this agreement RPTA shall provide the following services:
Ride Choice Program� (Schedule D) This program includes the RideChoice Fare
Card and the RideChoice Medical Trip Card. The programs are for seniors 65 years of
age and over, and individuals with disabilities. The RideChoice Fare Card allows
qualified residents of participating communities to travel using any participating
transportation provider for a specified amount of service per month, at a significantly
reduced cost. Each participating community establishes the level of subsidy which it will
provide for its residents. The RideChoice Medical Trip card allows qualified residents of
participating communities to travel to and from life-sustaining medical services such as
dialysis, chemotherapy or radiation treatments at no cost. Each participating community
pays 100% of the cost of this service for its residents. This program is being phased out
over time and is only available for residents who are already receiving the service.
1
FOUNTAINHILLS TRANSIT SERVICES IGA 2017 - 18
SECTION 3. RPTA'S OBLIGATIONS:
With respect to the services provided hereunder, RPTA, shall:
a. Negotiate and coordinate the implementation of operating agreements;
b. Provide Fixed Route Bus, Paratransit Services or other transit services,
administrative services, equipment, personnel and management services
directly or through contractors, as provided in this Agreement. The RPTA
shall ensure that the contractor(s) are duly qualified, licensed, trained, and
have adequate equipment to perform services under this Agreement;
C. Provide marketing and merchandising of services;
d. Draft and secure approval for annual operating budgets;
e. Plan for, prepare changes, and amend service specifications;
f. Invoice the Member on either a monthly or quarterly basis (as agreed upon
by the parties) for service(s) provided to the members, based on a
methodology determined by Valley Metro and its member jurisdictions;
g. Determine, set, and amend as necessary the fare structure for services
provided by the RPTA on behalf of the member jurisdiction;
h. Establish and maintain an informal working group where Valley Metro
staff, staff from the member jurisdiction and other participating member
jurisdictions and other appropriate parties can coordinate and monitor
service and resolve service and contractual performance issues;
i. Provide professional staff as necessary to plan for, develop, contract for,
monitor, and adjust service;
j. Credit Member up to the pre -determined amount of Americans Disabilities
Act (ADA) Public Transportation Funds (PTF) for the transport of ADA
certified riders;
k. Provide and manage a complaint resolution process;
1. Recommend service specifications in consultation with the Member;
in. Provide monthly reports on ridership, revenue collected, and applicable
performance standards on a frequency to be agreed upon between the
parties;
2
FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
n. Accept, research, resolve and report on customer complaints, using the
Valley Metro Complaint Administration System (CAS).
3.2 RPTA will use its best efforts to provide a financial reconciliation within 30
calendar days of the end of each quarter for informational purposes. A reconciliation of all
costs of service (including any administrative fees) shall be conducted after the fiscal year
end. RPTA will use its best efforts to provide such final year-end reconciliation within 60
calendar days after the end of the fiscal year. If it is found that Member has paid more than
its share of the costs of service, RPTA shall credit such overpayment to Member on its next
invoice or refund the money to the Member at the Member's option. If Member has under
paid its share of the cost of services, RPTA shall invoice the underpayment to Member.
Member shall pay all invoices submitted by RPTA within 30 days.
3.3 The RPTA and the Member may conduct service and financial audits, as required,
of any Services provided hereunder.
3.4 The RPTA shall provide program -related data and reports on a monthly basis.
Reports shall be prepared in a format agreed upon between the parties and shall include a
sufficient level of detail so as to permit either party to verify the amount and cost of service
provided to all riders, the amount and cost of service provided to individuals with disabilities
who are ADA paratransit eligible, and to enable the parties to measure the extent to which
each service provider is meeting contractual requirements and performance standards.
3.5 By February 21 of each year, the RPTA shall provide the Member with a detailed
written budget estimate for the provision of transit Services, including the expected sources
and amounts of funding for the next fiscal year. If the Member approves the budget estimate,
RPTA shall prepare an amendment to this Agreement for Member approval of the budget
estimate.
3.6 RPTA shall notify Member of authenticated operations incidents as soon as
practicable.
SECTION 4. Member's OBLIGATIONS:
4.1 With respect to the services provided hereunder, Member, shall:
3
FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
a. If Member desires services in addition to the Services originally approved in the
schedules hereto, Member shall provide funding adequate to finance such services
over and above funding provided by the RPTA and Member.
b. In addition to the funding necessary to pay for actual service or costs, reimburse
the RPTA within 30 days for its costs monthly to, monitor and generally
administer the service within the member's community.
c. Work with Valley Metro staff (as necessary) to research and resolve complaints
made by residents of member's community. Although a resident who wishes to
file a formal complaint about Valley Metro provided services should be referred
to Valley Metro, member acknowledges that it may receive complaints directly.
d. At Member's election, become members of and participate in all meetings,
deliberations, and decisions of any working group established to provide guidance
to Valley Metro for services provided hereunder.
e. With respect to services provided hereunder, the Member shall provide traffic
control and transit priority measures such as turning movements, on Member
streets on regular routes;
f. The Member may purchase and install bus stop signs and associated amenities;
g. The Member shall provide advice to the RPTA and to any operator providing
service required by this Agreement in the preparation and amendment of service
plans;
4.2 If the parties are not able to agree upon renewal terms for the existing Agreement
prior to the expiration of the term of the existing Agreement, the Member may either
terminate this Agreement pursuant to Section 7, D of Members Agreement # 124-75-2015 or,
make the payments required to be paid under this Agreement on or before July 1 for the new
fiscal year and thereafter for a one hundred eighty (180) day period unless the parties agree
upon renewal terms prior to the expiration of such one hundred eighty (180) day period. For
example, if there is a disagreement with the proposed rate for the new fiscal year, or if the
renewal Agreement is not signed, for any reason, the Member shall make payments at the old
rate (the previous year's rate) until such time that a renewal Agreement can be fully approved
and executed.
4
FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
4.3 Member does hereby agree to participate in the Valley Metro Program(s) defined
in Section 2 of this agreement.
4.4 Provide a written ninety (90) calendar day notice for major service changes.
4.5 Transit Life Cycle Program: Member shall comply with all applicable laws,
ordinances, regulations and codes of the federal, state and local governments. In performing
hereunder, Member shall adhere to RPTA's Transit Life Cycle Program and its approved
policies, as they may be amended from time to time, (collectively referred to as the "TLCP").
2. The following Schedules replace and supersede those Schedules of the Agreement entered
into July 1, 2015.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2015.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2015.
3. In all other respects, the Agreement is affirmed and ratified and, except as expressly
modified herein, all terms and conditions of the Agreement shall remain in full force and effect.
5
FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
Scott W. Smith, Chief Executive Officer
APPROVED AS TO FORM:
Michael J. Minnaugh, General Counsel
TOWN OF FOUNTAIN HILLS (MEMBER)
M.
an
Grady E. Miller, Town Manager
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew McGuire, Member Attorney
6
FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
SCHEDULE "D" — RIDE CHOICE
The Town of Fountain Hills agrees to participate and financially support the RideChoice
Transportation Services program for Fiscal Year 2017-2018. The Town of Fountain Hills shall
fund this project in the amount of $0.00 for the period July 1, 2017 to June 30, 2018. The Town
of Fountain Hills will pay the RPTA for the project in twelve (12) monthly installments of $0.00.
Payment of invoices shall become due within thirty (30) calendar days after the receipt of an
invoice from RPTA.
Town of Fountain Hills
Alternative Transportation Program
Fiscal Year 2017-2018
Fundinq:
Coupon Revenue
$3,132
New Freedom Grants
0
PTF ADA Funds
13,475
City Contributions
0
Total Funding
$16,607
Expenditures:
Alternative Transportation Program
$12,910
Dialysis Voucher Program
0
Program Cost
$12,910
Agency Staff, Overhead, Program Mgmt.
3,697
Total Expenditures
$16,607
Within 60 days of the close of the fiscal year, Valley Metro will conduct a final reconciliation of
the RideChoice program to determine the actual number of trips by city and total expenditures
billable to each participating City. Valley Metro will use this analysis to determine whether any
cities have overpaid or underpaid based on the actual service provided. In the event that either
party owes the other, Valley Metro will either pay the City or invoice the City within 30 calendar
days of acceptance of the final reconciliation by both parties. The City has 30 calendar days to
pay invoices pertaining to this program.
7
FOUNTAIN HILLS TRANSIT SERVICES TGA 2017 - 18
SCHEDULE "E" — AMERICANS WITH DISABILITIES ACT (ACT) — PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
For the period July 1, 2017 to June 30, 2018 the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $13,475.00 The PTF will
pay actual costs for ADA trips and other requests for Paratransit service made by ADA certified
Riders up to the maximum amount. A final reconciliation at fiscal year-end will be performed
and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
requested by Town for other ADA certified rider eligible expenses, and certified by the Town's
chief financial officer or designee. RPTA will reimburse Town within thirty (30) business days
based upon availability of funds. Town may request that reimbursements be made electronically.
Wire transfers must be pre -arranged through the RPTA Finance Department.
Maximum amount FY 2017-18 $13,475.00
8
FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
RESOLUTION NO. 2014-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION
AUTHORITY RELATING TO TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement with the Regional Public
Transportation Authority relating to transit services (the "Agreement") is hereby approved in
substantially the form and substance attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 19, 2014.
FOR THE TOWN OF FOUNTAIN HILLS:
mda M. Ka anagh, M yor
REVIEWED BY:
i, ► , (3u
Kenneth W. Buchanan, Town Manager
2180707.1
ATTESTED TO:
Bevelyn .1. Benk, T vn Clerk
APPROVED AS TO FORM:
AncireW .l. McGuire, Town Attorney
EXHIBIT A
TO
RB SIO LUTICN NC. 20114-32
lA grleemeon t]
See following pages.
TRANSIT SBRMIC ES AGREEMENT
BETWEEN THE TOWN 011 MOUNTAIN HILLS ("Member")
AND
THE RDGIO NAL PIUB LIC TRANSPIORTATION A U THORITY
C ontnsict # 1124-75-2105
THIS TRANSIT SBRMICBS AGREBMBNT ("Agreemienl") is made aind entered inici
this 1st day cif July, 20114 by and between the Town of Aciuntain Hillls, a Ariacinai municipal
corporadicln (hereinafter refened to as "Meimiber") and the Rleglicinal AuHlic Trainspotlailicin
AulHcirity,, a political suHdivisicin of the state of Arizona (hereinafter referred to as ""RATA''')
Member and RPTA are ccillecliveily referred la a1s thea "Aarties "
RECITALS
WHEREAS, Memiben has slatutaryl authority tlo provide transit services and tai enter into
agreements with cithen einlities within Mariccipai County to provide lransil services (A.M.SI.
9eiclion 11-951, et seq.); and,
WHEREAS, RPTA is a polilical subdivision of 1Hei state cif Arizona eistablisheid fan the
purpose cif planning and providing) public transportation servicers (A.R1.S. Seclicin 4F-511211;
A.M.S. Seclion 4F-511CI1., eitseigl.); aind,
WHBRBASI, as a pcililical subdivlision of the stlale cif Ariaclnal RPTA "may contrail and
einter into stipulaliclns of any nature lci do all ants necessary and convenient for thea full exercise
of its pciweirs granted under A.RI.SI. Sleiclian 48-51101, ed seq., including entering) in1cl
inlergliuernmentoil agreeiments wiles other governmienlail entitlies (A.R.SI. 9eiclicin 11-S51, e1 seq.);
aind,
WIHEREASI, RATA is willing to prclvidc, and MeimHer is willing to punahasei or receiive
transportation servicers as detlai leid in 1 hils A g nee me nit; and,
1
FOUNTAINHILILIs TRANS]I SBRVICIBS IGA J(114 A
WHEREAS, transit activities are one cif those types cif activities authorized pursuant) to
the afcirementlioned statutory and other authority,
AGREEMENT
NCW, 11HHRHFIOR.E, for and in consideration cif the mutual covenants and
considerations herein contained, it is aglreed by the Flairties as feilllows:
SECTION ll. DEFINITIONS
The fcillowingl capitalized perms shall halve 11he following meanings when used in this
Agreement, unless ai different meaning is cleairly{ intended:
'"RA11A" means the Regional Public Transportation Authority, a pcililical subdivision cif
the Staile of Arizonas.
"'Mesmbeir" means the Town cif Bountlaiin Hills, Ariaeinai municipal corporation and as
ccini nunity within 11hei servicsei area cif the Regional Public Tnansportatlicin Aullhcmitly (RPITA].
"Hffecitimes Date" meains the date on which rights gramesd hereunder become operative, ais
speciifieid in Slectiain 6 heireaif.
" Aorce Masieure" means any event which: (i) causes eitlhen party lo be unable to perform
unden this aglreesmeint; and (h] is outsides the neaiscinables cicintnoil cif the party unable to perform and
ceiuld not bei aivoideid by such party through 11he e,xenaise of due csaires. Pclnaes Majeune events
include, withalut limitation: tesncirists, earlhquakes, fires, flcicids, lloirnadoes, wans, laibam strikes cin
similar accidents, disputes or similar events.
2
FOUNTAIN H IMS TRAN9171 SERVICIEE IGA 3414 15
SEC TIO N 2 . SCOPE OF AGREEMENT
During the term of this eglneement RFITA shall provide the following services:
The Rk e Choicc Plrogra m (Schc d u le EIL Ride Choice is a pnog re m which provides
subsidized taxicab services to Fountein Hills residents whei have qualifying) disabilities and/or
who ane 65 years of age or more. Hach qualifying) resident will receive up to $100.00 cf taxicab
service rear month. 'Rhe rideir will pay 2f %i c f the cost, and the Town will rayl the rcmaiining 71f %.
Americans with Disabilities Act (ADA) Public 1lransportaition Funds (ATF) (Schedule E)
The RPTA shall tnansfen 1c the Member funds allocated by the Hoard cif 1be RPTA, and specificd
in Schedule E, for the r urr ciseis cif reimbursing Member fc r the c c st to provide Fara transit
services to ADA certified individuals. The. Member shall submit ai PTF Reimbursement Rlciquest
Form, At1 aichme n t A, c e r1 i fy i ng that the costs have been incurned and ane eligible: for
reimbursemcint.
SECTION 3. RPTIA' S C BLIGATIO NS:
3.1 With respect to 1he services provided heteiundcm, RATA, shall:
a. Provide Fixed Rloutci Bus, Dial-ai-Rlidei Paralrainsil Services eir either lransil
services, adminislraitivci services, eiquipment, reirsonneil and management
services directly cr 1hrcugh contracleirs, ais provided in this Aglneemenl.
The RPTA shaill ensure thal tlhe contraictox(s; are duly quaillified, licensed,
iraiined, and have aideiquaite equirment to perform services undcin this
Agreemc n t;
U. Draft and secure approval fan annual cipexating budglels;
c. Intentionally delcitccd;
c. Administer th ei Rlde C hoice Program.
el. Select, eversee and manage the RideChoice cointnacticin and any
subcontrlaclors ulilized for This pnoiglram.
3
FQUNIIAIN HILLIS TRAM SIT SHRVICHS IGA 2014 IS
II'. Createi markeiting malerials, including brochures, applications and cltlher
d cicuments in tein d ed 1 ci inform the pub] i c alboull the Ride C hoice program.
g. Accept applications for RidcChoice services gird make delerminatlions of
eligibility baseid on quideilines agreed to by the parties.
h. Forward irformaticin fair eligible riders to the RideChoice conlralclair, whci
will be responsible for enrolling) the rider in the prograim, fair providing) the
faire card and fair providing customer service and support Ici the rider as
he)she uses lhei RideiClhoice program.
Providing) mcinthly rciports and invciices to thea'flown.
Mainaigingl the budglel which lhei Town hats estaiblished for the RideChoice
prciglram.
31.21 The RPTA and the Member may ccinducit services aind financial audits, as required,
cif any Services prcividcd hereunder.
31.31 By February 211 of each year, lbei RPTA shall providei thea Meimher with ai deitlailed
writllein budget) cistlimaillei for 1Hei prcivision cif trainsit Serviccs, including the expecded sciurceis and
aim ounl s of funding for the nc ?atl fiscal year. If tihe Member approves the budget c stim al e, RPTA
shall prepare air amendment to this Agreement fair Member approval of the budglel) eslimaitc.
SECTION 4. TOWN'S OBIIIGATIONS:
4.1 With respecitl to 1he services provided hleireiundeir, Member, shall:
ai. If Member deisires services in aiddilicin tcl the Services ciriglinailly approved in tihe
schedules herello, Meimbeir shall provide funding adequate to frnanciei such scirvices
civeir and aibcivei funding provideid by liblei RPTA and Member.
H. Intlenticinailly dedeitled;
c. Thei Member may purchaise and instaill bus strop sighs aind aissciciaticid aimenilies;
d. The Member shall] provide advice to llhei RPTA and tci any opeirallcir providing
services rcquireid by this Agreement) in lbei prepairaiticin and amendment cif service
p loins;
4
FGUNI AIN HIU1S TRANSIT SHRVICHS ICA 2014 15
el. Collaborate with Valley Metre cin eligibility gluidc line s for the RideChoice
p nograim.
f. Assist Valley metrcl with marketing wind outreach als necessary.
gl. Estab] ish and ceimmunicalte the annual budget for the pnoglralm.
4.2 Member does heirebM eiglneel to participate in the Valley Mcuo Progralm(s) defined
in Slecticln 2 cif this g1tleement.
4.3 Transit Uife Cycle Pnogralm: Intentionally deilelted.
S ECT10 N 51. TERM OF AGRE]EMEN D
This Agreement shall be operative for an indefinite term to bei amieinded on an ainr,ual
basis as service) needs and as Public Tlnansportation Fund (PTIF] reimbursements are agreed. The
Parties do not intend that llhei term of this Aglneement) shall exceed any Ilimitlaition imipcised b}l law,
including), without limitalicin, the laws of the Stater of Ariaeinal, and g1tele to comply with any
applicable negluirements of such laws in connection witlh any neinewail cif the term of this
Agreement.
SECTION f . EFFEC'DIVE DIA TE
This Agreement shall take effect on]M after ill has been approved by Member's Council,
appmoved b}l the RIPTA Board of Dlinelctcins, executled bM the duly aiullheiriaeid officialls of each cif
1111e: Parties, alppnoved by the Parties' respective counsel.
9
FOUNIIAIN HIL LI9 TRANSIT SE114VICEIS IGA 2014 1!1
SECTION 7. GENERAL CONDITIONS
A. Records aind A u dill
All books, accounts, reports, files aind clthem neccinds relating tci this Agreement
under the custody or ccintrcil of RFTA cir its contractoms shaill be sub'ect, ait ail]
reiasonable times, to inspection and audit by Member and RF BA for five if) years
after completion of this Agreement. Such records sihall be produced eit RPTA
offices ais aind when reiqlueisteid by Memiber.
B. Covenant Against Confixgem t bees
Bcith Parties warraint thait no penscin Has been eimplciyed or retained to sicilicit or
seicunei this Aglreeimient upon an agreieimient cir undemstaii fcir ai commissicin,
percentaigei, brcilderaiglei cir c:cintingent feiei; and thait nci member of Ccingliess, nci
member of the Membem's Council cir thea RF171A Bciaird of Directors, and nci
officer, agentl, cii emiployeiei cif tlhe Town or RPTA hats any inllereisl, financially or
otheimiise,, in llhis Agmelernelnt.
C. Alticratialn in Character of World
Minor ailtlereitlions in the charaicitlem of work) shaill be aiutthorizeid in wrilling by
Memiber and acUciwledgled by RPTA by letlleir.
U Terminaitiar (and/or Chainges in Serwlice)
Member and RPTA hereby algree tti full pciformanlce of the covenaints amid
obligations contained Heireiin., exceipll that each reserwlels thei right, ait its option wind
sole discretion, to tlenminaitei cir abandon the serwlicel provided for in this
Agreemeri or ainy pclrliion thereof.
Term naitlion of this Agneemeri may bei ait ainy time aind for ainy neaiscin, with or
without cause, upon providing nineity (5C) calendair days prior written ncitlicei tci
the citlhem Party. Terminaiticin shall be effected by deliueiry of ai Notice cif
Termination specifying thea eixtleintl 11ci which performance cif wcink under the
E
FCUNTAIN HIULS TRANSIT SERVICES IGA 2014 HI
Agreement is terminated, and the date upon which such termination becomes
effective.
Upon) leirminatien, RATA shall calculate actual expenses incunied up to and
including) the date cif terminaition and (if teinninalicnl was at IHei eileclicin of
Member; any penallty or ccsts whatsolever (including, but not limiled 1c', any costs
of such Ieinniniation ais ai nesull of Sections 49 U.S.C. 16 C5 [fairmerly Section 13(c)
of the Federail Tralnisit Acl1 cif 1964, as amlended] tcigeither with any penailty cin costs
imposed by olheir funding sources and any reilated labor casts (the total of which is
heireiinaifiler refeirned to as "lermiinallicin costs"). If Member has paid RPTA sums in
excess of the teinninailicn coasts, "TA shall refund thea exceiss; if Member has paid
RA'11A an amiounil less than the termination costs, them Member shall pay to RATA
ain aimoundl equail lei the difference between the termination costs and the arnound
that Member already has paid under this Aglreemeirl. Upon termination of this
Aglreeimlenll, aill property used in connection with Ibis Agreement will be prcmptly
returned to the Party Hc1ding tiller thereto, nal considering any state or federal
funding. Final payment shaill be miade within sixty (hal) calleindar days after the
tenniniailicin of services.
SIECTIC N 8 . AD I1MFEIONAIJ VNO RK
This Section is intentionally left blank.
SIECTIC N 91. A GREEMENT NON -A SISIGNA BILE
RRTA may niaitl assign em eitherwise transfer any of its rights cm cibliglatieins hereunder fol a
third Party witlhoul 1Hei empress prior written ccinsenit cf Meimiber, which may be granted em
wilhheild by Member in its sole and absolute discreiticin. Any assignmieinl cr lransfeir wilhoul such
prior written consent shaill bei vend.
7
FOUNIIAIN HIL L 9 TRANSIT 99MVIICaS IGA 2014 13
SECTION 10. INDEMNIFICATIION
Exciepl fcr cilaiims arising solely aind eimcilusively from the negliglent or willful mals or
omissions cif Member, its officers, officials, agents or employees (hlereinafier referned to as
"Indemnitee"), RPITA shbill indeimni6, defend, save and hold the Indemnitee harmless from and
agaiinstl any and adl claimis, aietions, liabilities, damaigeis, lcisseis, vapenses and costs (including
court coists, attorneys' feeis aind costs of cilaiim processing, primary loss invesligaition and
litigation) (hleireiinaifieir referred to as "Claimis") for bodily injury or personal injury (including
death), loss or damaigle to tanglible property: (1; arising under this Agreement, cin (21) caused, or
ailleigeid to be caused, in whole cin in part, byj We negligeinl or willful acts or cimissicns of RATA
air any cif its owners, officeirs, direcloms, aigents, cicintraietor cm eimiplciyeies, including) eirnployeies
frcmi the Member assigned to work) full Iimiei for RATA.
111 is the speicifia intent) of the Parties tc thlis conlract than the Indemnitee shlaill, in adl
instances eixciepl fon loss or daimiage resulting) fromi thle solei and exclusive negligence of thle
Indemnilee, bei indemnified against ail] liability), ]css air damage of any nature whlatlever for or on
aiccounl cif any injuries to or We dearth) of airy person or damiageis to or thlei destrucdion of property
beilainging to any person, arising out cif or in any way ccnneicted with) lhlei peirformance of this
A greienient.
SDCTIION 11. INSURANCE
RB"RA will maintain in force the insurance prcgrami approved the by RFITA Eoaird cif
Dlirectcirs and included in RPTA's fiscail yeah budgets.
SECTIION 12. DEFAULT
Ehler Party shlaill bei deiemied in defaull urcleir this Agreeimend upon the failure cif sucH
Party to cibserve or perform any miatleriail coivenantl, conditlicn or agreement cin ills pair) to be
cbservec] or performed hlereunder, and thea contlinuancei of such faiilurei far al period cif thilrty (30)
days after writllen notice by thlei othleir Party, ais required hlereiin. Such nothce shlaill specify the
failure aind request) it be remiedied, unless 1he Party giving notice agreies ini writing to an
extension of thei lime period prior ib its expiraiticn. However, if the failure started ini the riciticei
E
FICUNTAIN HILUS TRAINSIT SERVICES IGA 2014 1 l
cannot bei corrected within the applicable period, it will not give rise to a default heieundeir if
corrective aicticin is instituted within the applicable period and diligently pursued until the faiiluie
is conectled. In the event cif ai default hereunder, the non-defaiultingl Harty may haimei a breach of
caintnact claim and remec]y against the other in addition to any remedy provided air permitted by
laiwr provided. haiwever, that nci remedy that would haeme thea affect of amending) any provisicins
of this Agreement shall beciaime effective vwilhout the formal amendment of this Agreement.
SEC'MI ON 13. MSISUE RESC LUTIC N
Ary dispute arising out of the interpretation cif any praivision of this Agreement, any
pclicy matter cir the determinalicin of an issue of faict, which dispute is ncit re;scilve.d at staff level,
shall be refereed to RFMA's Chief Executive Officer and a representative designated by Member.
If after glcicid faith negotiations aimed ait reaching an amicable solution, ai dispute cainnicit be
resolved, the disputiei shall be presenteid tici the RPTA Board cif T ireclors for resoluticin. If nait
resolved ait this level, the dispute may bei brought before ai coiuil cif competent jurisdiction in
Mairiccipai Cciunty, Arizona.
SECTION 14. NOTICE
Any notice, consent or other communicaiticin (''Naitice") requined cm permittled under this
Agreement shall bei in writing and either delivered in person, deposited in the United States maii],
postagle paid, registered cir certified maul, return receipt requested, ar depaisited with any
commercial air cciurier or eNpress service addresses as fcillows:
If intended for RF TA:
Rleiglicinail Public Trainspcirtation Authority
Attention: Ceneral Counsel
1 CI1 N. 1" Avenue, guile 1200
Phoenix, AZ 815CICI3
9
FOUNTAIN HIULIS TRIANSI'll SHRVICES IGA 2014 1
If intended for Member:
Town cif Fountain Hills
Attn: Keinneth W. Buchanan, Tciwn Manager
16705 East Avenu ei of the Fount aii ns
Aciuntaiin Hills, Arizcinai 81521E 81
with copy tci:
Gust Rosenfeld, PLIC
Attn: A ndnew J. Mc G ui r ei
One East Washington Sltre it, Suite 1600
Phcieni?a, Arizonei 815004
Notices shall bei deemed received at the time it is peirseinally seemed cir, cin the seccnd day
after its defcisit with any commercial air eourieir cin express seirvicei, if mauled, teen (10) days after
the neitice is deigcsAed in the i United Stapes maul as provided. Any time pericd staiteid in ai Neiticei
shall be ciclmputed from tlhei time i thea Neltice is deemed recieived. Eithler Party may change its
mauling address or thea geirson designaitled to recceivei neil�ce by nollifying the ctlheir Party as
provided in this Section.
SECTI C N H. AMENDMENT
This Agreement may be mcd if cd eir almeind ed cinly by ai writ) en document executed by
both) RPTA and Member, approved as to form by the Meimbeir AnorncN, and may bei filed with
the Member's Clerk. Such documertl shall express)}{ statei than it is intended by 11he Parties to
amend specifically identified unms avid conditions oftlhlis Aglreement.
SECTION It. INTEGRATION
This Agreement), together will the exhibits, instruments and clthleir documents required tci
be executed alnd delivered in connection heretlei represents the entire agreement) of the parties
with reisgect to the subject) matter hereof, and all aiglneementls entered into prior hereto with
respect to the subject matter heirecf we revoked and surerseided by flus Agreieiment, and nc
representlaltiicins, warranties, inducements or oral agreements haiuei been made bN any of the
10
FOUN1IA1N F UU9 TRANSIT SHRVICH9 IGA X114 15
parties emcept as expressly set forth herein, cir in other ccintemporaneous written agreements.
11hls Agreement may not be changled, mcidifrcd or rescinded except) in writling, signed by all
pairties Hereto, and any attempt at ciral modification of this Aglrcementl shall be void and cif no
effect.
SECTION 111. AP PLICA BLE LAW AND LTMIGATI O N
This Agreement l shall be goverreid by, and construeld in acicordaince with, the laws cif the
State cif Arizcinai. Any and all litliglaiticn bcmcen the Parties arising) from this Agreement shall be
litigated scilely in the appropriate state court ]ccatcd in Maricclpai County, Arizona.
SECTION 181. N C N -WAIVER
No covenaint cr condition clf this Agreement: may be waiived by any Pairty, unless done so
in writing). Forbcairaince or indulgence by airy Party in ainy reiglard whatlsoever shall ncit ccinstitute
a waiver cif the covenants cir conditions to bei performed by the other.
SECTION 191. SEVERAIBILI'FYl
Any provision cif this Agreement thait is prohibited cir uneinforiceablei under the) laiws cif the
State of Arizcnai shall be ineffective to the extent of such prohibition cir unenforceability witlhcut
invalidating the remaining prcivisicins hereof.
SECTION 201. BENEFIT AND BINDING EFFECT
The terms and provisions of this Agreement) shall inures to tlhei belnefrt cif and are binding
on RPTA and Member and their respective successors and permitted assignis.
SECTION 21. 'SURVIVAL
The indemnificaticnis and limitlaticns cni liability provided in this Agreement shall have
full force and effect ncitwithstlandingl any other provisions cif this Aglreementl and shall survive
any telrminaitlicn cit elxpiraition thereicif.
SECTION 22. FURTHER ASSIURAINCES
The Parties hereto shall executlei such clther documents and takes such ctlhem actlions as may
be reeiscinaibly nelciessairy or proper to aichieve the intent and purposes here cf.
11
FOUNTAIr` HILLS TRANSI►IS13RVICBSI IGA21(114 15
SECTION 22. CONFLICTS OF INTEREST
All Pairties Hereto acknowledge that this Agreement is svbjectl to caincellatlion putsuanl to
1IHe provisions of Section 31EI-511. Atiaona Revised Statutes.
SECTION 24. Intentionally deleted.
SECTION 25. CONS11RUCTION AND INIIERPRETATION OF AGREEMENT
T1His Aglreement, and each cif its provisions exhibits, terms and conditions, has been
reached thrciugh negotiations beitween the Parties. Accordingly, each cif the Parlies expressly
aicknciw+ledgleis and aiglrees thait this Agreement shall not be deemed to have been authored,
prepaired cit drafted by any parliculair Party, avid that l the rule of canstrucl'icin thaitl resolves
ambiguities against 1he ctaifting party shall ncitl be eimplloyed in the inteirpretlaillicin of this
Agreement.
SEC11ION 26. THIRD -PARTY BENEFICIARIESI
This Agreement is intended to beinefit tlhei cicirpairzite and municipal interests of RATA and
Member alone, zinc no aitheir penicin shall claim any implied right, benefit or interest in such
services. The Parlies do not intend to create rights in or tieimedies to any third party as ai
1•eneficiairy of this Aglreieimentl or cif any duty, coNenantl, obligation or underlakingl established
under IN Agreeiment.
SECTION 27. POLICE POWER
The Parties ackncivaledgle the right) vesl'ed in Member pursuaintl Vci generail law Llai emercise
its police power for 11hei prciteictlicin of the heailth, safety and welfzme cif its ccinstituents and their
ptaipeirtieis. Nothing in this Agreemeinl shailll bei construed as precluding) Member frcim exercising
such pciwerrs in ccinnecticin with the subject maitter hereof
FOUNTAIN HWIJS TRANSIT SERVICES IGA 2014 19
SECTION 28.
A. COMPILIANCE WITH THE IMMIGRATION REFORM AND CONTROL
ACT of 19S6 JIRC A) and with A.R.S. §123-211 — § 231-214.
RKIIA unideirstands and aicknciwledgles the aipplicaibilityl cif ]RCA and of § 213-211 thllaiuglh
§ 213-214, Arizona Revised Slaituteis (AM.SI.), to it. RPTA shall comiplN with IRICA and with
A.R.S. § 2131-2111 lhrouglh § 2131-21114 in performing under this Agreieimiew. Tc einsurei that R IIA
and its subcontractors caimiplyinigl with the provisions cif 1h1is Sections, Meimiber shall have lhlei right
to inspect thei persainneil and related retards and papers cif RPTA aind cif its subconlraclors
pertaining 10 individuals performing) wark unideir this ABreernieind.
Further, Member is prohibited by A.R9. § 411-4401 frcimi awarding an Agreienrent 10 any
contractor who fails, or whose subcontractors fail, to comply wilh A.1319. §j 23-2114(A). Bcx this
reason, "'flA shall einsurei that both it and each cif its ;Iubccinitraictors are in comiplianicei with thea
reiquireimienits of A.R.S. §1 2131-2114(A). In addition, bolh RPTA and each cif RBIIA's
subcondracloirs shall wairrainl their compliance with all feiderad immigration lavas and regulations
thlail relaitei Ici their eimiploiyNeies and thleiir comipliainicei withl A.13A.9. § 23-2114(A).
A breach cif any cif lhei provisions cif this Seiclion shall be deiemcc ai mateirial breach cif
this Agreierneind and is subject to peinaltieis up to and including) terminaflon of the Agreement.
SIECTION 29„ COMPILIANCE WITH THE E-VERIIPIY PROGRAM
219.1 Warrant of Ccimipliancei - Under lhei prcivisioins cif A.K.S. §41-44011, bosh Parties
warrant 1c the dither that each Party will comply with adl Federal Immigrailion laiws and
regulalions that relates to theiir employeeis aind that each now complies with thea E -Verify Preiglram
under A.R.S. §231-2114(A).
219.21 Breach of Wairrainty - A breach of 1h1is warranty vuill bei conisideireid ai miaiterial
breach) cif this Agreieimient and may subject thea breaching party tai penalties up to and including
leinnination cif this Agpieie neinl.
219.3 Right 1ci Inspecl - Both Parlieis reitain the legal righl tai inspect the papers of any
131
FOUNTAIN HILll9 TRMI` SIT SBBIV CBS I CIA XI 13
employee who works on this Ccntlraict or subconlraicl tci ensure compliance with the warrant)
given abcive.
29.4 Rlandcim Verification - Either Pairty miay conduct ai naindomi verification cif thle
employment records of We cithleir tci einsure ccimpliance wilhl this vwairraintN.
291.5 Flederail Employment Verification Prcivisicins —No Maleriail Bieaichl. A Party will
not bei considered in maitleirial bieechl cif this Agreement if it eslablishleis tblat it blas complied with
thle employmient verification provisions presciribed tY1 8 USCA §11324(a) and (b) cif the Rederail
Immigiatlion aind Nationality Act and lblei E-Merify requirements piescrited by A.R.51. §221-
2114(A).
2191.E Irclusicin cif Articlei in Oehler Conlraicls - The provisions of this Article must be
included in anY1 contiacit either Harty enters intci with ainy] acrd ail] cif its conliacicas or
suHcontracilcins who provide seniices under this Agreemient.
SECTIION 310. CIVIE RIGHTS
The parties aigree that as ai condilicn cif this Agiecrnent theY1 will each comiplN with aill
applicable civil rights laws and negulatlicins, in accordance with appliciaible Aeiderail directives
eixcepl to the extent that the Pedeiail glcimernmenl determines crtherwise in writing. Thleise include
tut are ncit limited to. those picivisions cif Section 12 of chart cieirtaiin United Slates cif Americai
Dleipairlmenl of Transportadion Feideirad Trainsit Administration Maister Agreement, dated Octciber
11, 21CIa191, ars miay be amended fromi limei to timie, which provisions are hereby ircorporailed by
nefeireince.
SECTIION 31. SUBJECT TSO APPROPRIATIONS
The Town is citligatleid onl)1 tlo paM ills cibligations sed forlhl in thea Agreement as miaiy
lawfully bei made fnomi funds aippnopriatled and budgeted for that purpose during the Town's then
cuncint fiscal Y1ear. The Town's obligations under this Agreement area currenl expenses sub. 'ec1 tci
the "budgle11 law" wind 1he unfettered legislative discredion cif the Town concerning budgeted
purposes and ap p i cipriat icin cif funds. Should the Town elect not to app roip naila and budget funds
'4
FlCUNTAIN HILUS TRANSIT SERVICHS IGA 2014 IS
to ray its Agreement cibliglatieins, this Agreement shall be deemed lerminated at the end of the
then-curreinl fiscal year telrm fern wHicH such funds were) alggreipriateid and bucgeteid for such
purpose and the 'Ilciwr shaill be relielued of any subsequeintl obligaition under this AgIreieimeinl. 'flHei
parties agreic that the Town hats no cibligatiein or duly] of gjeioc falith to budgleit or appragrialel IHei
payment cif the Town's obligations sett forth in lEs Agreemennl Tri any-budgel in any fiscal year
either than lhei fiscal yeair in which the) Agreieini is exeicuted and deiliueireid. Ther Town shall be
the sole judge) and authority in determining the) avalilalbilily of funds for its obligatlicins under this
Agreiemeint. Ther Town shall keiep RPITA informed as tei the) aluaiilalbility cif funds for this
Agreieiment. The obliglallion of lhei Town tci makes any payment gursuanl to lhis Agreiement is ncit
a general obligation or indeibtecness cif the Town. RPTA Hereby{ waiveis any aind all rights tci
bring any claim against thei Town from cin reilai in any wary lei lhei ' lown's tleirminalicin of lhis
Agreieimeint pursuanl to lhis seictliein.
SECTION 321. INC 0 RING RAITION OF E NHIBITS
Acir each yeiar during tlhel tleirm cif lhis Agreiernelnl and in coordination with RPITA's
accirtleid fiscal year Huclgelt proceiss, Schedules Heireito shall be revised and inccirpeiratcie into lhis
Agreicin int and made a part heireiof as though filly sell forth heireiin.
Slcheiculel "A"
Slcheidulel "B"
Scheidulel "C"
Slcheidulei "11"
Scheidulei "E"
Scheidulei "F"
Schcldulei "G"
Inlelnlicnailly leifl bllaink
Inteinlicnally leifl bllaink
Inteintiolnadly leift blaink
Rider Choicei
Americans with Dise b iliticis Acll (AI]A) Aublic Tranispcirl atic n Fund (PTF)
Intentionally leift blalnk
Intenticinailly leifl blank
15
FIOUNTAIi HILLSTIRANSIT SERVICES IGAI3a14 ]'1
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: ZA,
Stephen Banta, Chief Executive Officer
APPROVED AS TO FORM:
General Counsel
TOWN OF FOUNTAIN HILLS (MEMBER)
By:
Linda M. avanagh, Mayor,
WE NN
Bevelyn J. :�, ' .
APPRO D AS TO FORM:
By:
Andrew J. McGuire, Town Attorney
16
FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15
SCHEDULE "A" IN TIE NTIO NALLY LERT BIJANK
SCHEDULE "B" 1NTENTIONALLM LERT BLAND
SCHEDULE "C" INTENTIONALLY LERT BIJANK
17
KUNTAIN H ULS TRANSIII SERVICIES IGA 2014 15
SCHEDULE "D" —RIDE CHOICE
The Town cif Founlain Hills aiglneeis to participate and financially suppcirl tlhe R1deChloicei
Transpcirlaticin Sleirvices prograim for Fiscal Year 20114-20115. Me Town of Fountain Hills shall
fund this pnojectl in the amount of 928,920.0101 fcir the period July 1. 2014 to June 301, 2101`. The
Town of Fountain Hills vaill pay the RFBA for the pre' e:ct yin twelve (121) monthlyiinstlallmenls cif
$21,4101.83. Payment of invoices shall become due within thirty (20) calendar days aften the
receipt of ain invoic e from RPTA.
Reglianal MuMic Transporllattion Aullllarity
RideChoice Fir ciglram
Tlaiwln cif Fountlain Hills
Fiscal Year 210114 - 20151
Funding:
PITIF ADA Funds
336,4CICI
Coupon Revenue
13,44(1
City Contributions
218,99
Total Funding
$7811 C1
Expenditlures:
Fla menus to Taimi Cab Companies
557,67(1
Dia lysis Vlouc hemi Program
0
Pno ram C ost
$57,( 701
Agency Staff, Overhead, Program Mgmt.
16,1(1(1
Cnei Time Setup Fee
5,(1(1(1
Tota l Expend i tur e s
$7811 C1
18
FOUNTAIN HILLS 11RANSIT SERVICES IGA X114 15
SCHEDULE "D"—RIDE CHOICE Cont.
RIUDC HOI C E NRIa GRAM
R1deChcice is lhlei nalme of the program Iliad includes the R1deiClhoicei Medical drip Card
and the R1deChbicei Flare Caird. RPTA shaill provide the sermices required tai aidminisler, miarket
and manage the Rldei Chbicei prcigraimi. The pairticipating City will pay for ccsts of these
Alternative Tiiainsportaticln Services Arograims.
RIDIECHOICE MEDICAL TIUP CARD — Ilnlenlionail deleled.
RIDIECHOICE RARE CARD
The RideiChoicei Flare Card progralm is availablei to seiniicirs and individuals wilh
disaibililies who reside in the cities of Mesai, Chandler and Tempe and the Town of Aountaiin
Dills. Any values up to a maximums of SILO per month may be purchaseid/addeid to a customer's
card.
How it Works
• lndividuails must acimplete ai R1deChoicie applications which) is intended to glalhei
informalieln neiedeid to verify thlei individual's eligibility for R1deChbicei.
• Upon re icipt of ai ccinipleted application, Valley Medro slaff will review 1He aipplicaticin
and miaike ai determination cif eligibility.
• Cnicei an individual is deemed eligible, Valley Metio will fcirward the individual's narnei,
address and other required infeirmalicin to the RildeiChloiciei contractor. Thle RildeChbicei
conlractcr will creates an electronic account for thea new RildeiClhoiciei ciuslarneir.
• An eiligliblei RideChoice custarrier will receivei a letter inidicatingl eligibility and ai
RildeChoicie Aalrei Caird. Once ncitifik of his/heir eligibility, the RideChalicei customier will
He abler to pay up Ici 5215 per month tai his/her accound. Payments may bei made via the
lnleirnet or by miaiil.
'9
FOUNTAIN HILLS TRANSIT SERVIC13S IGA 2014 I _I
• Upon rceciptl of ei palymeind, the MideChloice cleml iactcit will add feiui times the value of the
custlomer's payment to the cusicimler's RideChoice account. This values will bei available
lei the rider vial his/her RideChoice Faire Camd. Riders can mlakei paymleinds in any
increnwo up to al telal of 521' pen month, and riders tarn carry unused RidelChbice account
values forward from one mieinth lel the neat. Al nei 11inxi can a ridem's RideChbice alecciund
aiccumiulalle mieire than 53(10.
Once the RideChoice Customler's account is established and funds are deposited, 11he
cuslolmelr Cain use any cif approximiateily eight taixicab and 1ralnspertaltion providers
enrolled as RideChloicie providers. These companies are under subconllracls 1ci our
RideChoice contractor. When taking ai trip en RideChoice, the cuslornei caills the
company of choice, indicates 1hIa11 hleishe is a RideChoice customier, and schedules his/her
blip in the seimlei mariner that airily{ tither lalxicaib cuslcimcr does so.
• Al the limes cif the trip, the customiei swipes his/heir RidciChciice card upon entering The
vehicle and upon exiting the velhicllei. This cmealels al record cif thle beginning and ending
points cif Thei trip, along with the dates and the idenlity of the rider. Upon the conclusion cif
the trip, the value of the trip is alul eimaitic ally deducted from the rider's Ride C hoic e
aic c our 1.
• Approximately lWee weeks aifier thea end of eiachl mlonth, the RideChoice contractor
piovideis Vallley Metro with an electronic file, showing all RideiChbicei trips taken. Lanai
includes the dater, tlimie, pick-up and drop-off locations, the rider's naime, the mlileagle and
the cost of the drip. Valley Meltici uses this information tci alleicatei RideiChoice costs
almiong 1 he pairtic ipalting cities. Valley Metlrel provides eachl participating city with ai
detailed report shewing ills shairei cif thiel RideiChoice service.
•
Because funds may bei limileid, Valley metro can cap enrcillmienl and)or ad'usli the subsidy
for ai gliveln city eii 11own.
Valley Metro and the Town will establish) ai cap baked cin aivailable funding. This carp may be
ad'uslled by Manley Metro at the direclicin of Aciunlaiin Hills, based on avaiilablel funds or clhaniges
in the aimlciunt cif service l to be provided to caieh eligible participant. Iniliallly, this carp is sed a1 40
particiipalnls. Once 1hei carp is reaiched, no new particiiparts will be enrolled. Instead, qualified
residents will be placied cin a waliting list. If and when parlicipants dreip off the service) and)er in
2a
FOUNTAIN HILITIS TRAINSIT SHRVICIES IGA 2(114 115
the event that Fountain Hills raises the cap, Valleys Metro will enroll qualified reisiderts on a first
ccime, first served basics until the cap is again reachled. This procedure maiM be amended bye the
mutual corsenl cif the parties.
21
FC UN TABS HILLS IRANSI'[I SERMICES ICA 2(114 15
SCHEDULE "E" - AMERICANS WITH DISIABILITIES ACT (ACT) — PUHLIC
TRAINSIFIORTATION FUNDS (PTF) AVAILABI LITYI
Acir the peiriod July ll, 20114 to June 310, 20115 the maximumi amiouni cif Public
Transpairlailicin Aunds (PITA) aivailable for 1h1e 7lcmn of Rountaiin Hillls's is $316,400.00. The 11711F1
will pay actual costs fat ADA trigs zinc other requests fain Paratrainsit service maidei by ADA
certified Riders up tai the maximium amount. A finail reconciliation ait fiscal year-end will be:
perforrnk aind adjustments, if neicessary, will be Inkei using actual ADA eligible ccists.
Any remaining ADA FMA funds not credited up la the miaiximium mey{ be requesled by
Town for citheir ADA certified rider eiligliblei expenses, ane certifieie Fly the Town's chief financial
officier or designee. RPTA will ieimibuise "lawn within thirty QCI) business days based upon
avaiilaibilily{ of funds. Town may ieiqueist thait reimbursements be miaidei electronically. Wliie
I nansfers must bei pre -an angeid thrau gh the RATA Finance Department.
Maximum amiclunt: $36,400.00
22
FOUNTA IN H 11-11-19 TRANSIT 9HRlu ]CHS ]CIA 201 a 13
SCHMUIJE "F" INMENUONALLY LH OM ELANKI
SCHDDIULIE "G" IN TEN'BIONALIJY L1]FT HIJANK
2131
FQUNDAINHIIJLS TRANSIT SERVICES ICA 2014 14
ATTACHMENT "A" - PTF EXPENSE REIMBURSMENT REQUEST
Regional Public Transportation Authority
PTF Expenditure Reimbursement Request
The information provided will be used by the Regional Public Transportation Authority (RPTA) to monitor designated lead agency cash flow to
ensure compliance with ARS 48-5103. No further monies may be paid out under this program unless this report is completed and filed as
required.
RECIPIENT ORGANIZATION NAME AND ADDRESS PROJECT AGREEMENT NUMBER REQUEST NO.
REPORTING PERIOD (Dates)
TOTAL. PTF SHARE
TOTAL_ ELIGIBLE COSTS - -
� S
TOTAL PREVIOUS PAYMENTS - -
CURRENT PAYMENT S
REQUESTED
REMAINING $ 5
FUNDING -
REQUIRED SIGNATURE
This document must be signed by the recipient's Chief Financial Officer or their designated representative.
CERTIFICATION
I certify the financial expenditures submitted for reimbursement with this report, including supporting documentation, are eligible
and allowable expenditures consistent with the Project goals and requirements, have not been previously requested, and that
payment is due. I also certify that all matching requirements have been met and sufficient documentation exists in our files and are
available upon request or in the event of an audit.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REQUEST SUBMITTED
TYPED OR PRINTED NAME AND TITLE TELEPHONE
fnstructions
1. Keep a copy of everything submitted.
2. All project records, including financial records, must be maintained for 3 years beyond project completion.
For APIA use on!
Date request received; _ Life cycle compliance review (signatureldate)
Approved for TO
funds
availability Date of funds transfer
24
FOLNTAIN HILLS TRANSIT SERVICES IGA 2014 15
VNIN TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
ljrl�� jos
Meeting Date: 9/19/2017
Meeting Type: Regular Session
Agenda Type; Consent Submitting Department: Development services
Staff Contact Information: Randy Harrel, Town Engineer; rharrel@fh.az.gov; 480-810-5112
REQUEST TO COUNCIL {Agenda Language}: CONSIDERATION of approving RESOLUTION 2017-31, abandoning
whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the
northwesterly side properly line of Plat 206, Block 4, Lot I 1 (16540 E. Arroyo Vista Drive), as recorded in Book 147,
Page 02, records of Maricopa County, Arizona. (EA2017-06)
Applicant: John Gurczakl007 Real Estate Holding, LLC
Applicant Contact Information: = N. Rosemont Court; Fountain Hills, AZ 85208
Owner: Same
Owner Contact Information:
Property Location: Same
Related Ordinance, Policy or Guiding Principle: N/A
Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the 10` Public
Utility and Drainage Easement at the northwesterly side property line of Plat 208, Block 4, Lot 11 (16540 E.
Arroyo Vista Drive, as shown in Exhibit "A". (Note: The applicant also listed an address for this property of
12240 N. Chama Drive, which doesn't appear to currently be used by any government agency.)
No building permit application for this vacant lot has currently been submitted. Although not a part of this
abandonment application, the future building permit applicant should note that substantial drainage flows along
Arroyo Vista Dr., and that this property lies on the outside of a roadway horizontal curve on a relatively steep
roadway grade. The future building permit applicant will need to provide acceptable engineering calculations
showing that their proposed house will be adequately safe from flooding during the 100 -year storm flow on
Arroyo Vista.
Chama Drive is a designated FEMA floodplain adjacent to this property, due to overflow from the undersized
culvert crossing Chama Drive at the north branch of Colony Wash, during the 100 -year flow. The future
building permit applicant will also need to show that their proposed house will be adequately above the 100 -
year flow in Chama Drive..
All of the public utilities have approved of abandonment of this easement.
Staff has reviewed the site to determine any on-site drainage issues, in addition to the Town's general interest
in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned,
with the understanding that the owners of Lot 11 are required to pass the developed flows generated by the
upstream lots across their property.
Page 1 of 2
Risk Analysis (options or alternatives with implications): NIA
Fiscal Impact initial and ongoing costs; budget status): NIA
Budget Reference (page number): N/A
Funding Source: NA
If Multiple Funds utilized, list here: NIA
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s); Staff recommends approval of RESOLUTION 2017-31.
List Attachment(s): Vicinity Map, Aerial Photo Map; Resolution; Exhibit "A" Map
SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2017-31, abandonment of the 10'
Public Utility and Drainage Easement at the northwesterly side property line of Plat 206, Block 4, Lot 11.
Prepared _ ),
Director's App
Robert PfMgerKQev relent Services Director 91612017
Ap roved: f�Jljj F
Grady E. Miller, To nager 9/8/2017
Page 2 of 2
_k\1
k%
SCOTTSDALE
TOWN OF FOUNTAIN HILLS
DEVELOPMENT SERVICES DEPARTMENT
VICINITY MAP
TOWN BOUNDARY
N
McDOWELL MOUNTAIN PARK
NZ -
10
AR
's- nn,
Gi
Ocv.
NIT
SCOTTSDALE
(Z
T
14
N �n
_mwou
Ail
E
Tw. 7
s
NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
SCALE: I" = 3500'
wAi
o g
ry
Y
a�f�r6rt is ps�'���
DEVELOPMENT SERVICES
AERIAL PHOTO MAP
PLAT 206, BLOCK 4, LOT 11
16540 E ARROYO MSTA DR
LEGEND;
LOTLI N E
ROW
EASEMENT --
FLOODPLAIN
SUBJECT SITE
N
w -Ah E
14r
s
fl 00 2CV
mm�mmm�
SCALE.. 1' = 200'
AERIAL FLIGHT DATE: 10/16
RESOL U-IION 2017-:11
A RES CIL LIMON OR THE MAYOR AND COMMON COUNCIL OF THE TCN N CIF
FOUNTAIN HILLS, ARIZONA, ABAN❑CINING " HATEVER RIGHT, TAILE, OR
INIIEREST IT HAS IN THE PUBLIC UTILITY ANO DRAIINAGB EASEMENTS
LOCATE❑ All THE NORTHWESTERLY SIDE PROPERTY LINE OR PLAII 2106,
BL CIC K z, LOT '1 '1 (116540 E. A RROYCI V ISA ❑RIV E 1, AS REC ORDER IN BOOK
141, PA G E Qa, REC ORDS OF MA RIC CPA COU NTY, A RIZONA . (EA 3a'l7-(1(I;
WHEREAS, TTe Mayor and Counail cd tl1E1 Town o11 FoLritairi Hills (the "Town CaLricil";, as the
govEinning tady of real praplerty laaa11Eid in the Town o11 Founlain Hills (Te "Tobin"J, may require the
cedication of Flublic sineels, aawer, wafer, cnainagEi, anc oilier utility easements on rigl'is-of-way within arty
rinorlasec ;iL t division; anc
WHEREAS, the Town Cou riail 1 -as the a0houily to acicerll or uejecl ofleus oil de(iaatiari of rinivale
rlrorlerty tyeasEiment, teed, sLtdivisian, plat an COEM lawfll means; and
WHEREAS, all Flresen'l ulilily aampanies ha%e ueCONed notification of the Flrorlase( abanconmenl.
N CI\/1 TH ERERCIRE, BE IT RIISIOL� ED BY THE MAYOR AND COUNCIL OF THE TOWN OF
RCIUNTAIN HILL SI, aslollows:
SIECTION 1. Tf at the certain den foot (110) Flublic Llility anc cnainagE1
Eiasemenl, al the northwEistEudy sicEI line of Plat 206, Blaak 4, Lot '11, Founlain Hills, as
recandec the Clffiae of TTe Canty Reaorcen oil Maricarla County, Ariaona, Baak 141 of
Marls, Pagel (12I, anc as mane partiaL larly c Eisanit ed in Ex hibil A, atlauh Eid hereto anc
inaorparaled herein ty uefEmenae, ane heuety c Elclareic to t e abanc aned by th El pawn.
Certain Ictls wilt in this su be i%ision are su tjEial is 1011=1a-101 c rainage nunoffl. Tl'e rinoperty
owner is reqLined to pass 'Te de%elopec flows generalec ty 111-e upstnEiam tats across
their rluoperty.
SIBCIIION 2. 1P at this ResoluIian is ane of atandorimenl anc discdairneu by 'IFe Town salEdy ilor
the rlcrpase of rerno�ing any po11enlial alacd an the Tille to saic rpiaFlerty anc Thal the (lawn in no "ay
attEimpis 10 ZOEici the rights o1 any Flrivale rlarty to aFlposE1 the atanc anmeril or assEir any night nese Ilincl
&ere from an Eixiaing precious Ta any ac11ion ty the Town.
PASSED AND ADOPTED BY the Mayor aric Couriail of the Town of FOL ntain Hills,
Septem bear 19, ;1( 13.
FOR THE -ICIWN CIF RCIUN-RAIN HILLS:
Linc a M. Kai anagll, Mayan
REVIEWED BY:
Grac y E. MillEm, Tawn N anaclEm
A-ITESTED TO:
Bev Elly n . BEinc en, Town Clerk
APPROVED AIS -ICI FORM:
A nc new McGu ire, Tauzin Atlorriay
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"'
PLAT 206 BLOCK 4 LOT 11
'f
/ 1 GALLERY
/ r
10 // r ` CONDOMINIUMS
/ 1 1
tx 11 rr
ABANDON 10'
P.U.E. & D.E. r, r
11 j rl
\01 r
'gyp '0a, BLOCK 4 1 r
�o LOT 11 r
1
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DATE: 9-5-17
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Meeting Gate: 9/1912017
Agenda Types Consent
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Staff Contact Information: Grady E. Miller, Town Manager
Meeting Type: Regular Session
Submitting Department: Administration
REQUEST TO COUNCIL (Agenda Langwage): CONSIDERATION of approving Resolution 2017-32 ratifying the Towyn
Manager's execution of a Cooperation Agreement with Maricopa County for the Towyn of Fo Untain Hills to participate in
the Urban County Community Development 'Block Grant Program (CDBG).
Applicant: N/A
Applicant Contact Information: NIA
Owner: NIA
Owner Contact Information: NIA
Property Location: NIA
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): On June 5, 2017, the Town Council authorized the Town Manager to execute a
Cooperation agreement with Maricopa County enabling the town to participate in the Urban County Community
Development Block Grant Program (CDBG). As a participant in this program, Fountain Hills will be able to
apply for grants from the federal Housing and urban Development agency (HUD) to help fund qualifying capital
improvement projects and human service programs. There is no record of Fountain Hills ever participating in
this program which is unusual as all cities and towns in the region are eligible to receive grant funding for
community development projects and human services needs that meet CDBG criteria.
Following the execution and submittal of the Cooperation agreement in late June, Maricopa County learned
that HUD required additional minor changes to the agreement that had been executed between the Town of
Fountain Hills and Maricopa County. The changes were made to the agreement and executed by all parties.
Since the content of the cooperation agreement appears to be an intergovernmental agreement, it is requested
that the Town Council approve Resolution 2017-32 ratifying the action previously taken by the Town Manager.
Risk Analysis (options or alternatives with implications): NIA
Fiscal Impact (initial and ongoing costs, budget status): NIA
Budget Reference (page number): NIA
Funding Source: NA
If Multiple F=unds utilized, fist here: NIA
Budgeted; if No, attach Budget Adjustment Form: yes
Recommendation(s) by Board(s) or Commission(s): NIA
Page 1 of 2
Staff I' iecommendation(s): Staff recommends that the Town Council approve Resolution 2017-32 ratifying the
execution of a Cooperation Agreement with Maricopa County,
List Attachment(s): Resolution No. 2017-32
Cooperation Agreement
SUGGESTED MOTION (for cou,noii use): MOVE TO APPROVE RESOLUTION 2017-32
execution of a Cooperation Agreement with Maricopa County enabling the Town of Fountain
apply for grant funding through the Urban County CDBG Program.
Prepared by:
NA 9/19/2017
Director's Approval:
NA 9/1912017
A proved:
Grady E. Mille o n N€anager 9/1912017
RATIFYING the
Hills to seek and
Page 2 of 2
RESOLUTION 2017-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE COOPERATION
AGREEMENT WITH MARICOPA COUNTY RELATING TO A COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND RATIFYING THE TOWN
MANAGER'S EXECUTION OF THE RELATED COOPERATION AGREEMENT.
WHEREAS, the Town of Fountain Hills (the "Town") and Maricopa County,
Arizona (the "County") desired to enter into a Cooperation Agreement (the "Agreement")
relating a Community Development Block Grant Program; and
WHEREAS, due to timing restrictions, the Town Manager executed the Agreement
before receiving approval from the Town Council; and
WHEREAS, the Town Council desires to approve the Agreement and ratify the Town
Manager's execution of the Agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town Council hereby (i) approves the Agreement attached hereto as
Exhibit A, and incorporated herein by reference and (ii) ratifies the Town Manager's execution of
the Agreement.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 19, 2017.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor
REVIEWED BY:
Grady E. Miller, Town Manager
3068557.1
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION 2017-32
[Agreement]
See following pages.
3068557.1
C� '11- c S� —01
A COORBRAI ION AGRBEMBN1 OSTWEON THE COUNTY OF MARICORA
AND
PARINGIRATING MUNICIPAUITYI
F OR A COMMUNITY C ON EUORMEN 11 BLOCK GRAN 11 PROGRA M
11HIS AGRERMEN11 is made and enlened info This 23rd day of August, 2017 by and
beWleen the Clounty o'l Maiicona, a political sut division of tt a Sale o'l Anizona,
hereinEfter called "County", and the Town of Fountain Hills, located in 'Ile County oil
Maricopa, hereinafiler called "N unicipality".
W171t 81998TH
WHEmEias two laws have been enacted, Public Law 93.383, Ile Housing and
Clorr munity E evelopment Act of '1.974, Title I as amended, and Public Law '1 (11 -625,
F OME Investment F a h nei st ip Plat at Utile II of the Cransta n-Clonzales Nal ion a l
Aflordable F ousing Act of' 990, as amended; heieafier called "tk a Acts"; and
Wheneas the Clounty, as an "L nban Clounty " as therl term is usEid in the Acts, is
eligible la receive iluri ds Linden tk e Acts, has ilincd nes pons ibility -lor selecting Community
Development Bloal, Grant (CDOCI), HOMO Investment Partnerships Pnogliam (HOMO)
and Omergency Solutions Grant (BSG) aativities, and is Mithorized to undEniake or to
assist in tk a undertaking oil essential corn munity development and ha using assistanae
activities wt ich st all be ilundecl ilrorri annual CDBG, F OMB and 89G grants biom
-lederal Riscal Years 20' H, 2019, 2020 appropriations and fion any program income
generalEid ilram the Eixpenditure of such funds, and
Wheneas the CDOG, HOME and 090 regUlaiions issried piinsuanil to tt a Plats
provide that qualified unban Collnlies must s Libmit a Consolidated Flan and Annual
Action Plans helElafier called "Plan" or "glans", and Consolidated Annual Perfonmance
and Evailuaiion Reports (CIPIRERs) to the U. S. geparlment o1 Housing and Lnban
Developrmenl (F LO) fon use of ilunds and that aities and iowns Witt in the mEitrcipohilan
area not qualitlying as rrietiopoliian cities may join tk a Clouniy in said Flans and
CARBRs and thereby become a part of a rnione campnohen9ive Urk an Clounty eflorl.
NOW lIh BRHF ORB, the Cloun ly and Municipality agree as ilollomis :
This Agreement shall coven the CDOG Entitlerrioni nragnam, the HON O
Investment F artnership (HOMO) and Bmeigency 9oluticins Grants (BSG)
Pnognarris.
1
o.
3
I[ a period o-1 n erfoi mance of this Agi eemeni s half:
a. Be for -11 a fedenal Fliscal Yeans 2018, 2019 and 2020, (JLily 1, 20'18 ihnough
June 30, 2021) under -It a plan which shall commence on the date oil HUD
an piioval of the Clounty's Annual Action Hlan and
b. Remain in effect until the CIOBG, F OME and OSG funds and 11he pnognam
income necehied with respect to activities carnied ou11 dining the llhnee-yean
qualilication peuiod and any successive qualification peniod, iii apnlicable, are
e>ipended and the funded activities completed.
c. The County and the MLrnicipali'ly cannot terminate on withdnaw from the
coopena-lion agiieemenll while it remains in effect. 9ubjecil to nenewal in
Raragrapl 3, this Agneemen-1 shall nemain in eiflecl until Eii-lheu funds are
Ei>ipended, or the ilunded aclhii-lies ane comnleled, or 3 yeans, whicheven
occuns linsl.
Au-lomalia Renev al:
a. The Agneemenl may bEi au-lomaiiaally renewed for participa-lion in successive
Ihiee-ycan qualillication peniods, sinless the Cloun-ly on thEi Muniainalily
nnovides written noil ice it eleats not to nar iainale in a new qualillication peniod.
b. By the da11e specified in thEi F L 11 urban county qualilica-lion notice fon the next
quali-licaiion peniod, the County shall notitly the Municipality in writing of the
Muniainalily's right not 'Io parlicipate.
c. A copy oil the Clounty's nolitlicaiion -lo if a Municipality will be sena to 'If a HUD
Rield Oflice by 11he date snecited in Section II of -It a unban county qualillication
schedule.
d. RailurEi by eullhen parly to adopt an amendment to the Agneemeni
incorporating all changes necessary) to meet -11 a requinemenis for coonenation
agreemen-Is set for I in the L rban Clounty Qualilicalion No -line an plicable for a
subsequent thnee-yeah urban county quailliaaiion peiiiod and to sUbmi-1 the
amendment to F L D by 11he due date, shall void the cuitomatic renewa I of such
qualifia al ion period.
The Cloun-ly and the Muniaipaliiy agree -Io coopenale to under akE1, on assist in
undertaking, aommunilly nenewal and lowen inaome housing assistance aclivi-lies.
5. The Coun-ly and the Municipality will take all actions necessary) to assullEi
comp liance with the Cloun)I's cer ificalion nequii ed k y section 104 (b) oil Title I oil
the Housing and Community Development Ac'l o-1 -1974, as amended, neganding
`f ill la VI o-1 11he Clivil Rights Ac -1 of 1962 , the Hain F ous ing plat, and affinmal ively
furthering fain housing. The Parties will also comely with Elecl ion '1 (19 of Title I o-1
the F ousing and CommUnily DEivelopment Act of '1974, as amended, which
incorporates Eleiclion 504 of if a Fehabililalion Act of 1973, as arriended and the
Age Discniminaticir Act of 1975, as well as, the Americans with Disabilities Act ai
1990 and all other applicable laws.
0. The County and the Municipality recoglnize the pnohibition oil unk an caunty
ilunding fon activities cir in supgar a1 a Municipality that daes not affinmativeily
iludhen lair housing within the Municipality's awn junisdiation or Thai impede 'It e
County's actions to comply wi-11 its lain housing certilicaiian.
7. The Clounty and the Municipality recognize Ihat puns uar t to 22 CRR 570.501 �jb),
the Municipality is Subject -Io the samo nequiremonis applicable to s ribnecipients,
including the neiquinemenl a1 a v+inillen aglneement sel Horth in 24 CFR 570.503.
8. 11 a County and the Muniaigalily recaglnize Thal:
a. Thci Caunty is -If a govarnmental entity nciquired to execute any grani
aglneement neceived punsuani la its Plan, and that the Counly shall lhareby
become logally liable and nes pons ible theneunder ton the pnogen performance
of the Fila n and pnagnam.
b. The Counly has final nes pons ibiiiiy lion selecting C❑BG, F OME, and EVIG
aativities and submilting -If a Conscdidaied Ran lo F L 11 ion the County and the
HONE Consorl ium.
c. Rur her, -If a Municipalily agnees la hold the County hanmles9 lnam ar y los 5,
damage on liabili-Iy that may arise out of the performance or lailune lo canryl nut
the requinemenls of Ihis pnagnam whene the Mur icipality has beein given
nesponsibilily aven any asipecl 01 11' ei pnognam by it e Counly.
9. lir e Caunly and the Municipalily agnee that a fully executed amendment cin
amendments to this Agneement shall k e eniened into anly as requined -Ion the
punposo of complying with any gnani agneemeinl received on negulalions issued
punsuani lo the Picts.
10. -fl[ a Clounly and Municipalily agree that the teams, conditions and obliga-lions of
this Agpeemeni anci enfonceable and Shall remain in effect unlil such time as 1ho
Aglneamenl is not renewed punsLianl to Fanagraphs 2 and 'I. P otwilhstanding if e
foregoing, if any action is taken by any federal agency on insirumenialily 'Io
suspend, decrease on tenminate its fiscal obligation affecting the aapacily of the
Flair i€is to aonlinue 11 is Agneemeni, the Radies may amend, suspend, deaneas e
on tenminate its abligalions unden on in aannection wilh this Agneement.
11. Thi9 Agneemonl is subject to it a pnovisians of A.R.S. § 38-51-I .
12. -No ass ist the Caunly in performing its functions unden thei Acts, then s hall r e a
Community Developmeni Advisoryl Commiltee, heneafller called "CILIAC",
autharized by the Clounty E oand of. upeRiisons consisting o1 nepnesentatives from
the Caunly disinicis and cooperating municipalities. CI❑AC's necommendal ions
shall k e advisogl and shall not r ind the Clounty.
3
'13. The Clounty Agnees to include the Municipali-ly in its Flans unden the AGIs.
'Iz. The participating Municipality undenslands Thal it:
a. May not apply lion grants fncm apnncnnia-lions under the 9 -late CDBG
Rrograms fou fiscal yeans duningl the peniod in which i-1 participa-les in -Ile
Counly`s CI❑13CI Rnognam.
b. May neceive a _k nmula alloca-lion unden the F OMB Rrognam only lhrougl the
County. TlhLis, even if the County does not neceive a HON E fonmLila
alloca-lion, the Municipality canno-1 1lonm a F OMB consorium with olhen local
govennmenis and shall not participate a F OMB consortium except ihnouglh t1 e
County.
c. N ay neceive a -k nmula allccation under II a EFICI Rrogram curly thnough -II e
Caun-ly.
'15. The Muniainality has adop'led and is enforcing:
a. A policy pnohibilling -II a use oil excessive fonce by law enfoncement agenaies
within its junisdiclion againsl any individuals angaged in non-violent civil nigt is
derrionsiraiians; and
b. A policy o-1 errbncing applicable State and loaal laws against physically banrir g
entrance to on exit fnom a facility an localic n which is the subjaci oil such non-
violent civil nigh -Is demons-lnail ions wilhin junisdictions.
'16. 1 he Muniainality agnees II all it shall be included in the Plan the Clounty makes to
HUD fon Tillle I Fausing, and CDBG, F OMB and ESC] 11unds, and that .Ihe
population oil the Municipality shall be ulilizad along with the popula-lia n of othan
municipalities and the ur incorporaled aneas of the Cloun-ly to quality the Clounty
al 111 a populaiion level necessaryl io be an l nban Clounty as defined unden the
Acis.
'17. 111a Municipaliiy agrees to underake cerain aclions as detanmined by the
Couniy to caiiryl oull a ccmmunity development pnognam and -Ihe appnoved
Cc nsolidated Rlan and,lon to meet othen nequinaments of the O❑BG, HOME] and
E ICI F nognams and other applicable laws. These aclions include bull ane not
limi'lacl lo:
Complelian o-1 a perfonmance repot on an annual and lliva-yeah basis in a
-k nmai and k y such deadlines as clatermined by the County -lo be used in the
HUD requined GAPER.
'IS. 11 e N unicipality agnees i1 shall coaparale m itI the Counly in all Offor s henaund0n
and that i-1 shall assist in doing any and all Things nequined and appnapnialEi -lo
comply wi-lh the pnavisions of any giianil agiiearnien-1 neceived by thEi Clounly
punsuani to -Ile Acis and negula-lions in canr}ling atit CDEICI, F OMB and EEICI
programs and II ho appnc ved Consolidated F Ian, as well as othen applicable Sla-le
a
and Icical laws. FurthenmonEi, the Municipality agnEies -1a be named as ilhe
bEinaiiciary, of -It a deed of ilrusl flop all mul-Ii-tarn ily iienllal HON E funded activities
within iIs juiiisdiction.
19. lit a undersigned N unicipality hereby authonizes Manicopa Counly la aat on ills
bet all and to modify and amend this Cocipeiiation Agneement in anyway nequined
in onden io comp ly with fedenal s-latu-le or nEigulailion.
20. Immigration law and nEiglulaiions oar ifications — lihe President's Executive Clnden
-113465 of June 6, 2008 and Arizona REivised Siatuies i1A.R.S.) Seclion 4,1-42 0'1,
nequiiies all government eniiiies to (insure Thai each gavernmeni eniiiy, aonlnacion
and subaoniracicin it canducis business wilt comp lies with federal immigl cation
laws and negUlaiions 'It all relate to thein Employees and A.R.%S. 8eation 213-214,
Subsa ciian Al. All govennmental eniiiies, vendors, contnaaions and subaaniracions
ML ST certify use o-1 the &Ver. 61 SNslemi establist ed by the Depart meal of
Homeland Secunity.
21. llhe undensigned Municipality undEirstands 1ha1:
a. If any provision on por icin of a pnovision of chis Agneen Einl is determined to be
imialid or unenlcmceable, it st all be deemed omitied and the remaining
pnovisions of this Agneern an shall nemain in full Nonce and efleat.
b. Excepi whenEi Federal statutes apply, This Agreement is govenned by and
consinued in accondance with ilhe laws of the .91a -1e oil Arizona.
c. This Agneemenl conslilutes iha entinEi agreemeni betwoen the n ar ies wish
nespeci to 'It a subjeat maiilen hereof, and all pnion agneemenis,
nepnEisenla-lions, statements and underlay it gs ane henaby , expnEissly
cancelled.
22. ThEi Mur icipaliiy agrees ihail it may not sell, trade, on otherwise inansfeii all or any
porion of stich funds ici another such meiropolilan city, unban counily, tinii of
ganenal local gavennmoni, an Indian tribe, on insular area tha-1 diuectly on indinEiclly
recEiives CIDBG fonds in exchangEi lion any othEin funds, anedits an non-FEideral
cansidenalions, bull mull use such funds for actiAties eliglible under ili-Ile I al the
Acil .
5
IN MIN E SEI VjIj EREOR, the parities have caused It o Cooperation Agueemeni to be
execullod llhis �5 day ofl , 2017.
WIWIt OR ROI, N TAIN HILLS
Ely: Ja'� -ri�
I awn Mara er
A -UE S7:
By:
CleuN oil th Murafcipality
MAF ICIORA CIOUNTM
aN: Al -I
Chairman, Board of I:lup rvisors
ANTE S7:
Jerk aIllhe Board
110 2 a 2111
The llenms and provisions o-1 this Agneoment ane fully auihonized under.'Ella-le and local
law and provide the Counily with the authoniiy to under ake and assist in undertaking)
essential community development and hOL sing assistance activities.
APFI ROVS11 AS 10 RCI RM:
BY:
Attorney for Muniaip aliiy
Dale
APFIROVaO AS 10 RORM:
M.
Dep ugly)Poun-ly
Dale
M
TOWN OF FOUNTAIN HILLS
Z.
:;"N:,
TOWN COUNCIL
`' a�v AGENDA ACTION FORM
ghat is A��'1'
Meeting Date: 9119/2017
Meeting Type: Regular Session
Agenda Type: Consent Submitting Department: Public Works
Staff Contact Information: Justin T. Weldy, 480-816-5133 jweldy@fh.az,gov
REQUEST TO COUNCIL (Agenda Langbag(): CONSIDERATION OF Approving the second Amendment For
Cooperative Purchasing A-reernent 02017-079 with Utility Construction Inc.. in the anlnullt of $10,240.00 for additional
lighting upgrades to Fountain Park, Desert Vista Part:, and Four Peaks Park.
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 Town's lighting maintenance program oversees over 366 installed lights at
Town owned facilities, parks and rights—of-way. As part of the maintenance program, staff replaces outdated
and damaged lights as needed. This contract will allow for staff to replace outdated incandescent lighting with
modern light emitting diodes (LED) that are dark sky compliant and will result in reduced maintenance cost and
increased electrical efficacy
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing casts, budget status): 10,240.00. 162,508.88
Budget Reference (page number): Various
Funding Source: NA
If Multiple Funds utilized, list here: CIP, General Fund
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Staff recommends approval of the second Amendment to cooperative purchasing
agreement 02017-079
List Attachment(s): Second Amendment to Cooperative Purchasing Agreement C2017-079, Quotes.
SUGGESTED MOTION (for rn enol _Se): Motion to approve the second Amendment for Cooperative Purchasing
Agreement C2017-079 with Utility Construction Inc, in the amount of $10,240.00 for additional lighting
upgrades to Fountain Park, Desert Vista Park, and Four Peaks Park.
Pooe 1 of 2
Page 2 of
CONTRACT/GRANT INFORMATION SHEET- AMENDMENT
Date: 9/19/2017
Staff's Name: Name: Justin T. Weldy Department: Department: Public Warks
Vendor's 'Name: Utility Construction Company Inc I Vendor Number: 11081
Address: PO Sox 1744 Gilbert AZ 85299
Phone: 480-654-3100
Received W9:❑ Y [5] N ❑ ALREADY IN SYSTEM
Business License #:6527 Exp. Date: 5/16/20118
ACCOUNTING SUMMARY
Org
Object
Project/#
$
Accounting Code:
Brief Description of Service:
Lighting up grades
If Renewable:
2'"d Amendment I
Accounting Code:
0
FY Cumulative Vendor Totals:
Does this Contract put it over $50,000 1
® Yes
Accounting Code:
Contract Beginning Date:
9/19/2017
Contract Expiration Date:
2/11/2018
TBD(used for variety of different
things/departments/funds):
Various
6290
Budget Page #:
Various
CONTRACT SUMMARY
Contract Number Assigned:
C2017-079.1 — —
Current Contract Total:
10,240.00
Total Contract Amount with
Renewals: 162,508.88
Grant Number Assigned:
Brief Description of Service:
Lighting up grades
If Renewable:
2'"d Amendment I
Total # of Renewals Max:
0
FY Cumulative Vendor Totals:
Does this Contract put it over $50,000 1
® Yes
No
Contract Beginning Date:
9/19/2017
Contract Expiration Date:
2/11/2018
Budgeted Expenditure:
M Yes
❑ No
Budget Page #:
Various
Approved by Council:
[K Yes; [late: 4/20/2017
❑ No
❑ N/A
Insurance Certificate provided:
N Yes
❑ No
❑ N/A
Warranty Period:
❑ Yes
Z No
if Yes, expires Click here to enter a date.
Estimated Start Date:
9/19/2017
Estimated Completion Date:
2/11/2018
GRANT SUMMARY
Paid for by Grant:
❑ Yes
❑ No
Name of Grantee:
Grant Number Assigned:
Resolution Number:
Date Council Approved:
Revised 12/21/16
Contract No. C2017-079.'1
SECOND AM HNDMENT
TO
COO NERATIVD PURCHIA SING A G REDMENT
HH'IIVNDDN
THE 'DOWN OR FO UNTA IN WILLS
AND
UTILITY CICNSTRUCTION COMPANY, INC.
THIS SECOND AMEINDMHNT TO COOPHRATIVE PURCHASING AGRHHMEINT
(11his "Hacond Amiendmarrt") is anilerac inlla as cif Seipteimber 19, XIII, totweari tNei'lowri of
Founlain Hills, ari Arizona muniaipal carplaration (thu "Hawn";, air.ic UtilitN Construclion
Campan}l, Ina., ari Auizona corporation (Itha "Contractor"].
PIRCITAT C
A. Af or a corn plotitiva prod momarit pt ocass, tE a C ity of Peoria, Auizona (I"Paoria")
eintemed into C aril rail No. ACON(14:I 1(, darted Hale rUary 12, 2016, and amaric ad by C antracrt
Amendmieint No. One, dalod Decombar 5, 20'16, with 1he C arilrador for the Cantractor to provide
lighling mairitenarice and inspciatiari services (eallactivaly, tha "Paoria Carilraal").
H. The'Iawn and tl-ei Contracrtor entared inla a Coopleralive Purchasing Agraomar.it
catad April 20, 2017 (the "Initial Agreament"), pasod upari the Peoria Contract, foci 11-ei
C ar.itraetor to plrau ide 0o Town with lighting mainuiriair.ica and inspection sermices (111• ei
"Matatiials and 9amicas"'
C. The Initial Agreament was amaridad onca on May 15, 2011, to purcl-aso
additional Malerials and Sarmicas and iricmeasa Contractor's corriplar.isation. The Inilial
Agmaracrit aric tha First Amebic m ent arc aollactiveIN refcrrcid to r etre ri as tr a "Agrcomcrit." All
cap talizac terms not alherwise defiriod in this Sacond Ameindmanil hava ll'e sama mminings as
contained in 1he Agmemarit.
D. 'the Town I- as daturnineld t11 at addil Tonal Malerials and Scmu icas by t11 a
C aritraclor ave riaceissary ( the "Ac c itiariail Materials and Services").
EI. 'lhe'lown and tl-ei Contractor dosim to ariler into leis Sacond Arriondmeirit to
plravide fdr tha inareiase in complansatiari to 1he Conlractar for t1la Additiarial Materials and
Sarvicas.
AGREEMHNT
NOWI,'1HHRHFORH, iri consideralion of tha fdrogoing inluodLatiari and recitals, whicr
aro incarplauatac I-oreiri IN raference, 1he following mutual covemiants and conditions, and othem
good and valuables considaratiari, 11•a raceipll and sufficianiay of whiaE ara 1•oreby acknowlacged,
tE a'lown and the Contractor 1- areby agrea as fallow s :
1. Compar.isation. 'lhe Town sl-alI increasa the complansatiari to Contractor by not
mora thari 511(1,240.(1(1, of wHah 911,000.(10 is an owniou's continganay wHch shall ba Litilizac at
3066335.1
tha dawn's solei discuiotiori, f6v t1la Malorials aric Sarvicias al 11ho rates sort fbrlh in 1he Paoria
Contract aric lho Aroplosals daled Auplust -'I, 21(117, wilicih arca attac&ed hercilo as Elxhibil A aric
inciorplovatud hurain 1:N refuroncu, rusu ltirig in an inicireaso of th o agplrogato no1l-to-oxcieuc
compensation fhom $1 `12,2101.88 to $1 62,5C18.88.
2. Elfftict ofl Amicandment. In all othcar rospoclls, thea Agrecamenl is affirrrod aric
ralificad aric, caxccapll as expressly mocificac hercain, a111orms and conditions oflthca Aplrcaemant shall
rcamairi in full forcca aric efftacrt.
_ . Non-Dcafaull. By caxeculling lIhis Seaorid Amendmicarit, thca Contracitor affirmati-vel}l
asserts 111- art (i; the down is noel currently in dcafk 1t, nor has becari in defau It art any 1 imca prior to
th is S acond Am ondmcaril, u ric or aril of th ea tcarms or cionditions of thea Aglioem ont and (ii) any aric
all cilaims, known aric unknown, relating to 1I1 -a Agreement and exislling on or 1: afore the date of
th is Second Am endmeant are forever waaivcad.
4. Conf ict of Irilercast. This Second Amendmcar.it and the Agrcaemicant maN bei
aanccaled by 111-o 'flown pursearit to ARIZ. REV. THAT. § 38-51 1.
191GNA'IIURBIS ON FOLLIOWINC PAGES]
3066115.1
21
IN Y41TNBHS )MHHREOH,111 ei parl ices 1 eirell ca haves excioutoc this instrumarit as of t1 ei dates
and year first seit fbrih above.
"Town"
TOWN OF FOUNTAIN HIIJLIS,
an Arizona municipal ciorporation
Cnady H. Milleir, Town Manager
ATTHH`B:
Beiveilyn J. Haridar, Town C lark
(AC KINOW JHDC IU HN`II;
STATH OF AR12IONA )
ss.
COUNTY OF MA141COPA )
On , :1017, 1 eifbna me personally appearead Grady E. Millar, thea
Tawn Manager of it a 'HOWNI OF FOUNTAIN HILUS, ani Arizona municipal aorflonatiori, w1 asea
is eintily was provean to mea on t1 a basis cif satisfaeitory avidearicie to ba thea person who N ea claims to
ba, and aakr cawladged t1 at he signed thea a1 ove documearit, on beahalf of the Tawn of Haunilairi
Hills.
Nolary Public
(Affix notary seal hereat
3066335.1
"Contractor"
UTILITY CONS
an Arizona oorpo
Name: Ken Nickum
Title: General Manager
COMPANY, INC..
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On September 5th . 22017. before nie personally appeared
Ken Nickum , the General Manager of UTILITY CONSTRUCTION
COMPANY, INC., an Arizona corporation, 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 corporation.
*F#BRETT THOMAS FREDERICKotary Public - Arizona
Maricopa County
mm. Expires May 9. 2016 Notary Pu L
(Affix notate seal here)
3066335J
I
4
HXHIBIT 1
TO
SECOND AMENDMHNT
TO
COOPIERAITIVIE HUIRCHASIN G AGREHMHN H
HH`HWHHN
`HHH "DOWN OF FOUNTAIN HILLS
AND
L.ITILI`HY CONSTRLIC11ION COMHAM, INC.
lPlropos�la ls]
See fol lawing pagers.
3066335.1
�[jr3ltYl�trx.�L�i1o3t3�
August 3, 2017
Town of Fountain Hills
Community Services Department
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Mr. Kevin Snipes
Supervisor of Parks
ksnipes@fh.az.gov
(480) 816-5178
Project ('Project'): Town of Fountain Hills
Outdoor Lighting LED Upgrade
Contract No. 02017-079
City of Peoria Contract No. ACON04216A
Subject: Change Order Proposal
Electrical Repairs at Desert Vista Park
Mr. Snipes,
Arizona DDT DRE Contractor #20052947
City of Phoenix 58C7 5&E Contractor
California DBE Contractor 437975
Neaada DRE Contractor #w0I244UCPN
New Mexico D3E Contractor
Texas DBE UCP Contractor
Utility Construction Company, Inc. ('UCC') is submitting this letter to The Town of Fountain Hills ('Town') to
provide cost estimates for work in addition to the original scope of the subject project.
10 Background
UCC's original proposal was for the installation of 120-277 volt LED retrofits at Desert Vista Park. Upon
completion of work, it was discovered that the electrical distribution to some of the lights needed repair.
These items were discuss with the Town at a meeting on 7/19/2017.
2.0 Additional Scope of Work and Pricing
Per the terms and conditions of the master contract agreement, work will be completed and billed on a Time
and Materials basis. For budgetary purposes, the following ,provides an estimated cost.
Item Descri
E.1. Hourly Rate, Lighting Under 60 Feet.
HolderReplace/ Install Fuse
E.1. Hourly Rate, Lighting Under 60 Feet.
Qnt Unit Unit Price Extended Price
6 Hr. $ 75.00 $ 450.00
2.5 Hr. $ 75.00 $ 187.50
Mesa, AZ - Phoenix, AZ. • Tucson, AZ_ San Antanio,'rX - EI Paso, TK - Columbus, N;kl
P. 0. Box 1774 - Gilbert AZ 85299 Phone (480) 654-3100 • Fax (480) 654-8374
Arizona ROC # 124(123 (A -Gen) - Arizona ROC #200356(A-17 L.leclrical) - Ancona 17CJC # 122544 (C-11 Electrical)
Caliromia CLSB #906004 (A -Gen) - Nevada SCIS #0()73368 (A -Gen) - New Mexico RLD-CL(7 #3&7690 (GS08) 1947 -7617
Arizona DOT DBE Contractor 020052447
City of Phoenix 58C j SBE Contractor
California D8E Contractor 037975
Nevada DBE Contractor ONVOI244UCPN
New Mexico DBE Contractor
Texas DBE UCP Contractor
F.2. Additional Materials— Fuse Holders 10 Ea. $ 22.85 $ 228.50
F.2. Additional Materials —# 12 Wire 50 Lf. $ 1.33 $ 66.50
Installation of 480V Rated Fixtures where 277V were proposed
F.2. Additional Materials -480V Drivers 57 Ea. $ 50.00 $ 2,850.00
Total $ 3,782.5(1
3.0 Notes:
a. Labor and Materials costs are estimates only based on information provided. Final costs will be billed
for actual work performed, per the contract requirements
b. Does not include permits / permit fees
c. Does not include special inspections
Sincerely,
Jess Daniels
Project Manager / Estimator
jessd@utilityconstructionco.com
Mesa, AZ • Phoenix, AZ • 'rucson, Az • Sun Antonio, TX . El Paso, TX • Columbus, NM AM
P. 0. Box 1774 • Gilbert AZ 85299 • Phone (480) 654,3100 • Fax (480) 654-8374
Arizona ROC # 124023 (A -Gera) • Arizona ROC 9200356 (A-17 Electrical) Arizona ROC 4122544 (C- I 1 Electricai)
California CLSB #9061149 (A -Gen) Nevada SCIS 40073368 (A -Gen) • New Mexico RLI -CID #367690 (GS08) �asz-snrr
a�a
August 3, 2017 REVISED 8/31/2017
Town of Fountain Hills
Community Services Department
16705 F. Avenue of the Fountains
Fountain Hills, AZ 85258
Attn: Mr. Kevin Snipes
Supervisor of Parks
ksn1l2es@fh.az.gov
(480) 815-5178
Project ('Project'): Town of Fountain Hills
Outdoor Lighting LED Upgrade
Contract No. 02017-079
City of Peoria Contract No. ACON04216A
Subject: Change Order Proposal
Additional Work at Fountain Park
Mr. Snipes,
Arizona DOT DBE Contractor #2©052947
City of Phoenix SBL f SBE Contractor
California DBE Contractor #37975
Nevada DBE Contractor #NV01244UCPN
New Mexico DOE Contractor
Texas DBE UCP Contractor
Utility Construction Company, Inc. ('UCC') is submitting this letter to The Town of Fountain Hills ('Town') to
provide cost estimates for work in addition to the original scope of the subject project.
1.0 Background
UCC's original proposal was for the installation of LED retrofits at Fountain Park at the locations described in
UCC's proposal and attachments. Upon completion of work, additional work was requested to be performed.
These items were discuss with the Town at a meeting on 7/19/2017.
2.0 Additional Scope of Work and Pricing
Per the terms and conditions of the master contract agreement, work will be completed and billed on a Time
and Materials basis. For budgetary purposes, the following provides an estimated cost.
Item
Qnt Unit Unit Price Extended Price
F.2. Additional Materials—Shields 9 Ea. $ 150.00 $ 1,350.00
E.1. Hourly Rate — Lighting under 60 ft. 4 Hr. $ 75.00 $ 300.00
Additional LEi Retrofits at r Parking Lot
%lesa, AZ • Phoenix AZ • Tucson, AZ • San Antonio, TX • El Paso, TX • C'ofutnbus, NM AM
P. O. Box 1774 • Gilbert AZ 85299 • Phone (480) 654-31510 • Fax (480) 654-8374
Arizona ROC #124023 (A -Gen) Arizona RUC #200356 (A-17 Elcctrical) • Arizona ROC #122544 (C -I I Electrical/
Cah1bmia CLSB #90(3009 (A -Gen) • Nevada SCB 90073368 (A -Gen) • Netiv Mexico RLD-CLD #367690 (GS08) x942.31037
1k
I a_ 4 a s
a a i s r
Arizona GDT DBE Contractor #20052947
City of Phoenix 58C / 58E Contractor
California DBE Contractor #37975
Nevada DBE Contractor #NVO1244UCPN
New Mexico DBE Contractor
Texas DBE UCP Contractor
F.2. Additional Materials — LED Retrofits 8 Ea. $150.00 $ 1,200.00
E.1. Hourly Rate =- Lighting under 60 ft. 5 Hr. $ 75.00 $ 375.00
Total $ 3,225.QQ
3.0 dotes:
a. Labor and Materials costs are estimates only based on information provided. Final costs will be billed
for actual work performed, per the contract requirements
b. Does not include permits j permit fees
c. Does not include special inspections
Sincerely,
Jess Daniels
Project Manager/ Estimator
lessdEputilityconstructionco.com
Mesa, AZ Phoenix, AZ * Tucson, AZ • San Antonio, TX • EI Paso, TX - Columbus, NM ism
P. G. Box I774 • Gilbert AZ 85299 - Phone (480) 654-3106 • Fax (480) 654-8374
Arizona ROC 4124023 (A -Gen) . Arizona ROC#200356 (A-17 Electrical) • Arizona ROC 4122544 (C -I I Elec(rical)
4valirorma CLSB #9(}64169 (A-Gcn) • Nevada SC13 #0(173368 (A -Gen) • New Mexico RLD-CLD #367640 (CSU$) x►aY xo=�
August 3, 2017
Town of Fountain Hills
Community Services Department
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Mr. Kevin Snipes
Supervisor of Parks
ksn-ipes@fh.az.gov
(480)815-5178
Project ('Project'): Town of Fountain Hills
Outdoor Lighting LEC) Upgrade
Contract No. 02017-079
City of Peoria Contract No. ACON04216A
Subject: Change Order Proposal
Electrical Repairs at Four Peaks Park
Mr. Snipes,
Arizona DDT DBE Contractor #20052947
City of Phoenix SBC / SBE Contractor
California DBE Contractor 937975
Nevada DBE Contractor NNVO1244LJCPN
New Mexico DBE Contractor
Texas DBE UCP Contractor
Utility Construction Company, Inc. ('UCC') is submitting this letter to The Town of Fountain Hills ('Town') to
provide cost estimates for work in addition to the original scope of the subject project.
1.0 Background
UCC's original proposal was for the installation of LED retrofits at Four Peaks Park. Upon completion of work,
it was discovered that the electrical distribution to some of the lights needed repair. These items were
discuss with the Town at a meeting on 7/19/2017.
2.0 Additional Scope of Work and Pricing,
Per the terms and conditions of the master contract agreement, work will be completed and billed on a Time
and Materials basis. For budgetary purposes, the following provides an estimated cost.
Item
Qnt Unit Unit Price Extended Price
Dig down and find existing conduit, open trench
NIA 70 Lf. $ 2a.o4 $ 1,400.00
to existing pole, tie in conduit
Repull Wire, terminateJexisting
Mesa, AZ • Phocnix, AZ • Tucson, AZ • San Antonio i°X • El 11aso,'1 X - t:oluntbus, NINI
P. U. Box 1774 - Gilbet9 AZ 8.5299 • Phone (480) 654-3100 - Fax (480) 654-8374
Arizona ROC it 124423 (A -Gen) Arizona ROC 4200356 (A-17 Electrical) • Arizona ROC #122544 (C -I 1 Electrical) %!*Wf
Cahlornia C1S13 #906009 (A -Gen) • Nevada SCB 4'0073368 (A -Gen) • New Mexico RLL -CLD 9367694 (G508) rsax :aaa
J
� __� i• � l� !W 7
Arizona DOT DHE Contractor #20052947
City of Phoenix SBC J SBE Contractor
California DBE contractor 437975
Nevada DOE Contrntor #NV01244UCPN
New Mexico DBE Contractor
Texas DBE UCP Contractor
E.1. Hourly Rate, Lighting Linder 60 Feet. 6 Hr. $ 75.00 $ 450.00
F.2. Additional Materials — 3 x # 10 Wire 250 Lf. $ 1.33 $ 332.50
Additional Materials — Misc. connectors, fittings,
F.2. 1 Ls. $ 50.0[} $ SOAO
and hardware
Total $ 2,232.50
3.0 Notes:
a. Labor and Materials casts are estimates only based on information provided. Final costs will be billed
for actual work performed, per the contract requirements
b. Does not include permits/ permit fees
c. Does not include special inspections
Sincerely,
Jess Daniels
Project Manager / Estimator
essd E uti l ityconstructi+o nco.com
Mesa, AZ - Phoenix, A7 - 'Tucson, AZ - San Antonio, TX - El Paso, TX - Columbus, NNl l
P. 0. Box 1774 • Gilbert AZ 85299 - Phone (430) 654-3100 • Fax (480) 654-8374
Arizona ROC 1["124023 (A -Gen) • Arizona ROC 4200356 (A-17 Electrical) - Arizona ROC 4122544 (C-11 Electrical)
California CCSB 9906009 (A -Gen) - Nevada SCB 90073368 (A -Gen) - New Mexico RLD-CLD 9367690 (GS08) 1sn2-2097
�a N TOWN OF FOUNTAIN HILLS
Z TOWN COUNCIL
�"� AGENDA ACTION FORM
,, ____ �4
�h$t is A���
Meeting Date: 9/1912017
Agenda Type: Regular
Meeting Type: Regular Session
Submitting Department: Development Services
Staff Contact Information: Robert Rodgers, Development Services Director: 480-818-5138; rrodgers@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF appointing two (2) Planning and Zoning
Commissioners for two (2) year ten -ns beginning on October 1, 2017 until September 30, 2019.
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure
Staff Summary (background):
On September 5, 2017 the Town Council Executive Subcommittee interviewed two (2) applicants requesting
consideration to be appointed to serve on the Town of Fountain Hills Planning and Zoning Commission. The
Appointed two (2) applicants will serve a term beginningOctober 1, 2017 until September 30, 2019.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number):
Funding Source: NA
It Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s): Subcommittee recommendations will be provided separately.
List Attachment(s):
SUGGESTED MOTION (for Council use):
Move to appoint and to serve on the Town of Fountian Hills Planning and Zoning
Commission for two year terms beginning October 1, 2017 until September 30, 2019.
Page 1 of 2
Prepared by.- `{
FLTI �' '
Paula Woodward, Executive Assistant 9!5!2017
Director's Approval;
RobertAodge01-fJevelopment Services erector 915/2-017
Ap ov d: �� [[
Grady E. Miller, To nager 9/512417
Page 2 of 2
11kily � TOWN OF FOUNTAIN HILLS
z
TOWN COUNCIL
AGENDA ACTION FORM
�Fd fti AYy
Meeting Date: 911912017
Meeting Type: Regular Session
Agenda Type: Regular Submitting Department: Community Services
Staff Contact Information: Rachaei Goodwin, rgoodwln a@fh.az.gov, 480 816-5135
REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
SUNSET of the McDowell Mountain Preservation Commision.
Applicant: NIA
Applicant Contact Information: NIA
Owner: NIA
Owner Contact Information: NIA
Property Location: NIA
Related Ordinance, Policy or Guiding Principle: Ordinanace No. 14-04
Staff Summary (background): Council unanimously passed Resolution 2014-28 on August 7, 2014 to
consolidate four advisory commissions: the Community Center, Parks and Recreation, Senior Services and the
McDowell Mountain Preservation Commission. The McDowell Mountain Preservation Commission was
agreeable to this consolidation with the other commissions but wanted to wait until the trailhead at Adero
Canyon was developed or by December 31, 2017, whichever came first.
The Adero Canyon Trailhead bid is expected to be awarded and construction to begin in 2017 with a grand
opening planned for 2018. The sunset date for the commission currently precedes the traiihead opening. At a
minimum, the McDowell Mountain Preservation Commission would like to see the project through to
completion.
The McDowell Mountain Preservation Commission spends numerous hours working with staff to keep the trail
signs and maps updated as well as maintain the safety of our trails. The Commission also assists in the
marketing of our trails by promoting them in at our Town fairs and keeping the literature full at our kiosks.
Risk Analysis (options or alternatives with implications): NIA
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number): NIA
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): The McDowell Mountain Preservation Commission
recommends extending the Commission and the terms of the Commissioners through 2018.
Page 1 of 2
Staff Recommendation(s): Staff recomends extending the Commission and the Commissioners terms until
December 31, 2018.
List Attachment(s): Resolution 2014-28 and Ordinance 14-04.
SUGGESTED MOTION (far Council use): Mone to direct staff to work with the Town Attorney to prepare a
resolution for Council consideration at our November 21, 2017 meeting that revises the by-laws of the
Community Services Advisory Commission to allow for consolidation of the McDowell Mountain Preservation
Commission into Community Services Advisory Commission as of January 1, 2019.
Prepared by:
NA 912/2617
Director's Approval:
ac ae Good t mmunity Services Director 7
Approved:
rady E. Miller, o anager 91612{797
Pagc 2 oF2
RESCIIL 111 ON NO. 2014-28
A RIESOLUTIION CIH T1HEI MANOR AND CCUNCIL OF 'IIHEI TIOWN OF
FOUNTAIN HILLS, A 14121ON A, CONSOLIDATIINCI 1HI3 PA RK S AND
14EC RIEA T11ON COMMISSION, T1HE C OM M UN ITN C EN TIE14 ACV 1SOMY
COMMISSION A N J❑ TIHE SHNIOR SE114V ICEIS A ❑V 1SC 14Y COMMISSION
INTO A NOW COM M L Ts IT11 SHRVIC ES ADVISORY COM M ISSICIN ; AND
A CICIPTIING BYLAWS.
W HDREAS, the Mayor arc C CIG rlcil of the Tlown of Fou nitain Hills 111 he 4" lowri
Couricil"; praNiousl) auenlec Q the Harks and Rleawaliani Ccimmissioni pursuanit 10 Arliala 9-3 of
the Tlown of Hou ntairi Hills Towr Code, Qii, tH a Commu nuly Ceinitan Advisory Cammissiori
pu rsu ant to RJusolution N o. 3(100-4 SI and 11iii, it h e Seinicir Senii(les Adv isoryC omm issiori pu rsu ani
ii Resole l iori No.' I(IC151-54; and
WHEREAS, based ori Ihcl commari inheres) s af, the Parks -aric Fkareatian Commission,
i1he Senior Serviacls Advisor)l Cammissiori and 1he Community Ceniler Advisory Commissian
illha "Hxislirig Commissions"), the 7lawni Council desires Io aonisolidaita the Existiri8
Commissions and Io cineate the Tlown of Hounilaini Hills Commurlill) Semices Advisory
Corrimissiori (Ihe'`Communily Serviacis Advisory) Commission"; Io aal in an ac%isoryl aaFlaai,) in
su FIF ort of the Tlown of Fou main H ills (I h e "Tlown"; Commu niily Servicies Claparimenil; avc
WHBREIAS, the Towni COUricil cesires la acopt bylaws to acaommocatei the transition of
the aonsolidaiion of ihotilreci Eristinig Commissions aric govern tha operaiiori ofltlie Communily
Services Advisory,) C ammissiori.
NOW, THBRBFCRD, BB IT RESCIJVBEI 911 TIHEI MAYC114 AND COUNCIL CIF
TH 91IO%A N OH FOLJN TIAIN H ILL S as follows:
SEICTIION 1. The waitals abave are hercil:y inacaTpralec as if fully set forth herclin.
SElCTIION 3. 'Me Elxisiim8 Cammissions arca hereby aonisolicated into a view Communiit)
Semiaes Advisaryl Cammissiori, anc rafbreniceis to iihe Oxisliniji Cammissious in Towni doaumanis
shall be ruplaaeic wish a neflcmeniae to the Community Semiaes Advisory Commissiari.
SECTIION -I. Tlhe Bylaws fcir the Communily Serviaes Acvisoryl Commission arca heweb)
adopilad subsilanilially in the form altaahac haueila it Elxhibil A, arc iniciorporateid Herein by,
reiferenae.
SEIC TION 4. Tile Mayor, iI h e TIa" ri Manager, tH e Towni 0u6 anc I h o 'flown Atil amay
anci hereby auilhoniaed anc direeiec to take all stags nciacissaryl ila aarr) out tHei purFlose and inilenii
clfl I h is Rlesolu t ian.
11713931
PASSE 11 AND ADOPTED 1:y tha MaNcu anc Couricil cif thlei Town of Fourlair Hlills.
A c g ust 7, gal 4.
FOR TI HE TOWN Of FOUNTAIN HIE IIS:
da M. Ka anagh, N aya
14EVIEVVBDI BY:
Kcir nieth W. Buchanan, Tciam M aim gc r
17111] 3
2
ATTESTED TO:
APTI GVHD AS TO FIORIM :
A r dren v J. McC u irei, flown A. l tarney
EXHIBIT A
TO
RE SOLUMON NO. 2014 -28
Bylaws for de Community Sera ices Advi,lory Commi,lsion]
Sae follow in g page S.
21111393.3
BY IJAWS
CC MMUNITIY SEIRVICIRS ADVISORY C OMMISSIC N
TOWN OA AOI NTIAIN H ILUS, ARI2IONA
Creanlion; Plurncisei.
A. Clneeiticani. Therei is heareby cruale(, cionstitulec anic eslablishead a Community
Serviceas Adviscary Commission (tH a "Ccammissican '), mih ich sH all su I su mei and
neplacie exist irn8 Sean icua Servikies A c % isoryl Commission, Clommu r ill) Ceamlar
A c v isoryl Clommissioni an( Harks and Rlecineation A c % isoDy Commission
(1colleacilively, rhea "Existing Commissions"'.
B. AUipose amd Du1y of the Clommissicani. 'lhea Commission is faurned to aril ini an
ac%isoryl caipaciily ini suprIcart of t11ea 71owr oft Fourilain Hills Mho "Towne")
Commuriit) Serviiae Darlarlmenl's queasl to tarovidu exceApicanal cu slomer searviice
tca arihanicea thea quality ofl U6 by prav is ing and mainu ininig safes, availab lea an(
acceassiblea pairks and fhoilities, reacreaalioni pro€trams, eiveints, and surviiaes 1hal will
meed thea inlelleacilual, social, cultural amd leisure neaec s ofl down rusidurits of all
Eges.
C. Inlenlioni of 1he Bylaws. Muse Bylaws airea initemdead to a iccicammodaitei thea
1Mansilion oflai aansolidatiani cafllhmei Exislirn8 Clammissicns as well as servia ais IM
Bylaws 8oveirnirg lhei Clcammissian.
2. Tnamiition Hrociess; Meimbeirshia.
A. Tlranisitiani Pemiac.. THei eonisolication traansillior is irlericec ca spam thea peanicac
ffcam the inilial corisclidalec Commissior meeating in Sl aplember 20141 lhrou8h
Deaceamb ear 31, X1171.
BI. Eligibility for lriii ial A ppoinilmenil. All cu nienil membems of the Existing
Clommissicans shall be eliElible for appainlment to the Commission. A 11 inlereasteid
Exislimft Commission mumbears shall ricatifi thea Cammunity Survieeas Diuecitor of
lheair iritorelst rat (alar than .lune 110, 2(114. Ifllhea number cafl inlerasteic Existing
Clommissican membems is lass tHan minei, the Direetan shall Ili) iriitialea thea prociess
fbr soliciting new Commissioni members anc (ii) eaoncueii a process fbr fhirly
assigning thei tangoing members to slaggelreid lerms to eanryl cut thea intent of
Sexil icari 3 below. If thea niu rrab e1r of aonil it u in€t ac u 11 members is grualer tH an eighil,
t1lei Director shall easlablisli thea initial Commissions membanship as seat forth in
subsecatiani 2(1C) below.
C. Membem Seleaetion and 3learms. In cmdear Ila fhirly anc impartially acacammodaito the
members aft thea Owe aamb ineac Existing Clarnmissions, a raindom, blind craw oft
names fhom tH a members aft tH a Existing Clammissions who flava eaxpluessec
inteniest Flunsuairit to subseiailion 3119) above will bei acanducted suct t1lait each will
2110815.4
to assigned lcl a telrm oft time, lwa or lhrcia dears. It is recti€iniaed that share cioc Id
t a as mar) as 1 EI talc l membars available to sarvie on lha Commission c u uir g tt e
1 rarisition period. Tf a panic am, t linic draw will be cion( u ated as fclllaws:
The first six mamas dramiri will saniia lhrough Ductimbar 31, 2017;
The saaor c si) narriels drawn will sarve lhrau8h 17aciarriter 31, 2(116; anic
A ry remaining namas will servo lhrougH Duciumbau 211, 201!.
The1 tcmms will ciammenicie al the flrsil muciting ofllite cionsolidalec Cclmmissiori,
largelec for 9elptarriter 2014. Tlhe teirm of each mamHar fhorri one ofl lha Existing
Commissions serving ori the conisclli(atcid Commission will to eixtenidec lhrough
the tate ceteirmineid by the blind draw.
EI. Vcltiri . All meirriters will to clarisidcmed valini® Corrimissicin meimbelrs. In the
event c& a tia Nota during the tralnsilion peiricld, lhci Town Caunciil shall be
infbmmeid ofltEa lank oflconscirisus and lhci matter shall ha ftirmiardeid la the Tlowni
Council fbll reiview.
E. Aaslaonieid Rleplaciemeril. Iflal transilion period Commission mcimbem leaves clfflua
pricm to eixpinaliori oflhis or her apIrloinilmeint pauicic (as sal forlH ini subsucltion 2(C;
at civ e; , lhci v auanci) cireateid will not bei fillet.
F. Transilioni Pcmioc Cariclusion. At the conicilusion of tHe1 lralrisition appaintmeint
parioc s asta t IisHad in subsecilicln 2(C) abovei, Commission mamters shall ba
a ppoinilec as follows:
Twa Cammissiclri membcirs shall bci appointeld for a thllecl-year lewm
baoinniing on January 1, 201E arc elndirig Daceirrit ar 31, 201 EI.
Three Commission mcimbcros shall bei appainled for a lwa-year lemur
be8inr ing or January 1, 2017 and eindirig Eleiciemter 31, All 9.
iii. Four Cammissior memters shall ba appointed for a thneci-year teirm
baginiriing on January 1, 201 EI alyd andirig 1]aciemter 31, 21010.
G. Attericancie of MCDowtill Mounlairi Preiseirvei Commissiclri Wapreisentativu. Far
tte lime lhu McDowell Mountair Areserve Cclmmissiari is in plane, a member aft
tfe McDowell Mauntaini Proservia Cammission stall be ari c)-offiaia, niclri-volini€I
memter ofllte Commissiclni. Tile Cammissioni Chalirpelrson shall recluest Thal lha
MaDawell Maunlairi Preserve Commissiclri annivally aflpoinil a rcirlllescrulke to
attend the Carrimissian muctings.
2170815.4
F. 'lrarisition Clfflaers. At diel first Commission rr1ac11inia, the Commissian slIali alclall
a C h airF ersori and u icer -CH alirF ersor fhom amcir g lhei members. Tile C h aiurlersoni
and Viae -C H air prsar shall assu ma raspansibilities at tH a rem l sah ec L lac meatir g.
Thu offiacros' tarms will mplira ori I]eaamter 31, 2015. Thel dulicls, vacancy, arc
uamoval Fluocadure sat fork ini Selallioni 5 telaw shall arlply ilo 11 -le offiacros. On lha
expiralioni of the iniilial offiaaus' lerms, officers shall ba edacled as sell forth it
sutsod ion IA' belami.
Meimbens & Ayyointments Following the Tirvnisilion Period.
A. NLmbelr oflMembag. Following the iInansitian pariads, 1ha Cammissior shall ba
aomposcic of mina mcimbeins, inialuciniFl oniei you1lh mcimbeir.
B. Anpoiritmerls. Follawiing tNci lranisition Fleriocs, alppainilmelnits to tPe Cammissian
shall to maldei by the Tomiri CaunaiI aacicudinis 1o, and fhom almarg uesicelnlls ofltHa
Tawni tHat meat the minimum dLalifiaaliaris w oullincic in, the Town Couricil
Rules oft Proacldura. Adult eirlpoinitmenils shall be fbr ei term oftthree years. Onia
appainlee shall bei the youth reFlrasontation, wflci shall ba a Tciwr rasideril ftm ore
yclalr, sh all b a al rasidanit h igH sahaal stL der 1, t e a mamfl or cif tH a May, or's You 1h
Coumail and serve) a ora -year team ori the Carrlmissian baginining wilh 1ha start ofl
tlia school Neau.
C. BillingoflVaglricies. Any vaaaricy on the Clommission shall remain vaaanil uritil a
naw member is ar Floinitud bbl the 'Hawn C au nail to fill the v aaamay. U pori a
vacialricy occurring, leaving an unelxpired Floniori ofla term, arty alppointmarit to fill
sucH veicanicy shall be for the) a riexpirad rlartion of laic term. Ini aascls of a vaaaniay
due to the expivaliori ofla member's Term, the member shall ramain sealer until a
suaaessor is appainilec and qualificic.
D. 'Herm. Unless arpoiriteid to fill al vaaaricy mid-term, aaah adult membcul's telrm oil
office shall be lhreie yciars, unless the membeul resigns saaneir or is removeld fham
H is or han pasition.
E. Attericanae. All members ara raquirad to attemc all Commission meanings Lrilam
axcusad ty the CHairpersari, with ilhe cariaunienae oil tile Commissiani. 'throe
suaaclssiv a unaxaL sad or unix plair ed at selnaas fhom airy netlL lam or spaaiall
meeting sHall be deemelc al vaaaray as outlined it 1ha'lown Courciil RlLles of
Proaec L ue.
F. Rlamaval,. Any marriter may be rarrlaved as sal faith in lhei'lawni CaLrcil RlLlels
of Proaec L 1 e.
2170811.4
4. Plowersi ain 6 Dul itis of the Com m fission.
TN a C ammissicini shall have th a Flowers anc du 1 ieis tci:
Alat iri advisciryl capaait) to the Tciwri C au nail, -flown Manager avid
Commuriit) Services Circlatar ini matters pertaining la the Cammunily
Services Duplan merit.
ii. Consicer provisions ofl lhei anrival Commt,r.iity Services ❑epartmeir.it
buc got curirig tha pracess of Ihu pruflaratian of lhcl budget and make
ruaommendaliclris wilh respect lhereto to the Commlrull) Sculviaus
❑ireclar.
iii. Assisl in the pllaririing of eccaaliorial and raeraalicirial prapplams for the
rclsiderils clfllhe Tawri; Fluomatu grid slimulaltcl puhlia intertisl lhereiini.
iv. Perfhrm such other duticls nal inconsistanl miith lhusei Bylaws as may bu
rciclueslac b) Zhu 'flown Cou riail, 'flown Mariagan or Comml reit) Surviacls
Diraulor.
f1. Com m ission Officers and Staffl
A. Organiaaliori. At the first ruHularl)-schecLlcic Commission maulirg c& each
calanc ar year, th a Commissian slall aleel a C hairpursciri and Viae -Ch airplersori
fecim arricirig the members. The ClIairplarson aind Viac1-Chairpersclr.i shall asst mei
rasplonsibililies a1 the next suhe(c lec meating. The lerm ofllhe Chairpersori anic
Viati-Chairpunsani shall da for anie year. Ani) member sclrving as Chairperson all
Viau-Chairpersclni shall he eligible fbr re-aleelior, providuc, however, lhal each
mclmber ma) serva nio more Ihani twa aanseaLtive tears for that spleci fia afflae.
B. DUlies cifl the Chairperson anic Vieei-Chairperson. Thu Chairpelrsclri shall (i;
p111esic a all sill Ccimmissiori meietings, (ii) c Beide all ploinu of carder anc procedure,
Iliii) arlrloinil work aiiaups ifl rieaassary aind cloordinale Zhu wcuk of the work
@groups, Iliv) serva as a reprusantaltive of the Cammissiori to other govurnmanlal
c nails am SLCP matters as h ave been approved and cicisignattic by 11-e Clcimmissiclni
and Iw; plerfbrm an) cities as rciqLired by law, ardirianae ar lhase Bylaws. The
Chairpcirsari shall have Zhu right to make molionis, sciaonc maliclris anic vole cirn all
matters bufbre Ihu Commissiani. The Viae-Chairplersori shall aat as ani aic to the
Clhairpursciri and shailI purform the du lies of Ihu Chairperson in h is or her absciricei
an iriabi lily 10 scirvu. Iri tha ahsencle clothe Chairplersclri arid Viau-Chairplersori, Ihci
"flown Staff Liaison shall call the maeling to order aric a simple majority afl Ihci
members than present shall salacl an aicling Chairplcirsari for tNe macilinig. Ifllhe
Clommissiciri members plreserit acre unahlu to salacil airs meting Chairplersciri, the
meeting shall be awtamaliaally acjourned anc adl eigenica Mems shall be carriuc
civ er to t h e nes 1 C ommissiciri meeting.
217061'.4
4
C. Order oft Filling Clfflcier Vaaanciicis. Thei Vices-Chairplarson shall fill a Nacancy in
thei afficei of thea Chairplersari. A vacarcry in lhci office) of Vicei-ChahTprson shall
bel fillet by, a Commission member ty majarity Nota of the Commission al tHa
neixt meieliniji wheire as c Lorum ofltha Commission is preasanl.
D. Offrccir Blemovail. til a Chairpeinson or Vicci-Chaairperson may, to reimoNeid fi•am
office) aa1 any limen al a maelinHl of thea mamters by an affirmatiNe Notea ofla Ihrcia-
fbLrlhis majority of Ihei total mcimbeirs (if lthei Commission, wHca must to flrescirit to
v al e.
E. 71own Staff LliaisorL. Th e Community Semites ❑apartmeirit Clireaclor car au tH cuai2 ed
casigniae shall Sonic as the Town Staff Lliaisari to flurnlish sLppor7 iia the
C cammissiciri as ret L esteid or as rcic u ireid to advises arid flumish ppaofcssicirial ant
1 eah nical advices.
E.
Cam missiani Meelings.
A . Fraqueancy. Cammissiari meaetings shrill to healc monilhly al thea flown Hall
Council Chambers, Acsuntaini Hills, Arizona, unless posled ciffeirenilly at least :141
hours in acv ante.
B. A c dil ionial Cammissioni Mciatin s. A c di1 ianial C cimmissiani mciatings mast', bei h alc
on the call of thea CH airplerson an tH a reaqueu 1 oft two ar mane mcimbens by giving
notices to all thea members bN leleptonci, camaail car pearsonal dciliveDl ar ty vcrtal
comment eurinig a reign lar mcating. All notices shall bei given, anc ploslcid
accarc ing tea aappliaable law, al leml 34 tours b efcne the mael in g.
C. Aarliaipaatian by the Public. Commission maestinigs shall ba apleni Io lhcs plLblic.
For any matter a rider cionsic eiral iari, ariy plersoni may, submit writtcini commcirlts
anic, iflattemidirig in plersani, may fill csLt a sreaakeir care and spleaak Io lhu issues uplcan
beiing rcicognliaad by lhei C h airplersani amid staling His ar hero mama anc. if
aapplicab lei, thea neimas ofl any plersani or angariiaationi on wh ose t eH alfl he an shea is
arpeaarinlg.
D. OuorLm. A Clcsmmissiani meieling wharci a majcnily of its mcimbeirs ares prescirit
shrill constitule a qucarum. A majorily vole oft thosea membcirs prosenl shall be
require( to We caffraial aaclion. Na action stall be lakein at anN meeting in
aab sense of a qucaru m, excepll 10 ac joumi th a meieal inifl 10 a sL bsec L en1 c atea.
E. ABanda. Tlhei aflandaa shall Ea preapareid bye thea Tcawn Staff Waison, rev ieweid bN
lhca CHairplarsonl, anc posled no less than 24 hours bcfbrca the Commission mewling
in aaaorcance wilh lhei Arizoria Open Mucting Law.
A. Mingles. M inules oft thea pioaaec Ings shrill be ratairiec and filed with thea Tawri
Clank or authoriacac cosigriaea who will, ini lurni, file acid post tba mirlLteas acacaardir8
to applicat lea law.
21701111.4
G. Open Meeting IJaw. THe Commissicin is subject 10 the Arizaria Open Meefinpl
Lam i.
7. Spacial Corr mittees.
Tlhe Commissions may cireate spacial committees far specific purplases. Such committees
shall to subject 1a the p1ravisiars afl the Arizona Opur Meating Haw. Any special
aammittae cireateid b), the Commissiari shall automatically c issalve when its world is done
and afler the Cammission has aciceppit its final report.
Amcu dments.
ey tH a affirmative) vote ofl a two -1h irc s majority oft ail the members aft tlia Commission,
the meimbems may reaomrrieind amerdmen1s to these Bylaws to the) Town Council fbr its
approv al.
SI. HeRail Counsel.
The Cammission may reiclucisl 4,rougli du Towne S1afflLiaiscir that the Towr Attcmniey„ or
auil h oriaec deisignela, prav is a lei€lal k v ioe ar d rulings an pjoir is of ander, proaedurei or
athero maltems reilalec to 11-e Commissian'S c ulieis.
2170819 A
6
ORDINANCH NO. 14-CI4
AN OMDINANCEI OF THE MAYOR AND COUNCIL CIA 1T}HI TOWN OF
AOUNTAII, HILLS, AR1.121CINA, DELH'1-ING ARITICLE194 OF TH9 FOUNIIAIN
HILLS TOWN CODEI, PARN�l AND FIE]CIRIEATIION COMMISSICIT�, RBLAIIING
11CI TI --111 CONSOLIDATION OA THH FIAIRIKS AND 1413CAE]A111ON
CU0V NS1CIT, 11FE] S13NIOR SERVICES ADVISOR'd COMMISSION AND
THE CICIMM17N1T'� CIE:I\TER ACN]90111f COMMISSION INTO A N13W
COM NUN ITY SE1RN ICEI9 A LIN ISCIFIY CON/ N 19910N.
WHEIRE A 19, l:Iu rsuant 1 o Flesalul icor No. 2014-28, tl- e Malycw arc CDL ncii I of the Tlowr of
FoLntalir.l Hlills (Ihu "Town Clourlail") eansolidaltcld lhca Parks anc Flecrclaliarn Cammission, tre
Ccammuriily Clerllcm A cvisciD Commission anc tl-e Seriior Sarvicas Ac r isor}I Commission into a Flew
C ammL r ily Sciniicels Alcviiauy Commission; anc
WHEREAS, illle 'flown Cauncil dasium ilo celele Arlicdel 9-� cif lha Hlaunlain Hills flown
Cada, rcllaiting a thea Panks and Aticreialion Commissiar, iia leflcaatsuah canlsolicalion.
D© IT CRUTAI1NEU BY 11H11 MAYOFI Al\❑ COUNCIL OA TF E! 110\k1\ CIA
FOUNTAIN HILILS as fbllows:
KC -ZION 1. Tl -a Faunlain Hills Town Cace, CI-aplcw SII (Packs anc Rlaeraation), Ailicle 9-%
(Parke and Racramican Commissions) is heirciLy dcaluleac in its anliraty.
SHCTION 2; Tha Mayou, 1ha Town Malniager, Ilhe Towri Clark anc the Towne Altarncay Ella
Haraby aallouiz ac and dinectcad to caxecure all doaurrlerils and taika all stepls nacassaa-Nl to caarry aul Zhu
r: u rpasa arlc inlenl of tH is Cludinariaei.
PASSED AND ADOPTED BY t1'e W)or arid Council of 11,e 11owr of FOLritain Hills,
Arb ona, August 7, 3G 14.
F10P THETOWN OF FOUNTAIN HILLS:
/7"
da M. Kav nap h, May
RDS II©WIED Ell:
" U). a-66-�
Kcannath Vu. Bucl-anari, Town Ma1Fla1E1er
111 MI.]
ATTESTHEI TO:
APP VI D AS 'HO FORM:
Anldrawl J. Mc uirca, Tcawn Atlornay
Meeting Date: 911912017
Agenda Type: Regular
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Regular Session
Submitting Department: Development Services
Staff Contact Information: Randy Harrel, Town Engineer, 480-815-5112;
Rachael Goodwin, Community Services Director, 480-816-5135
REQUEST TO COUNCIL (Agenda Language); CONSIDERATION of authorizing staff to SUBMIT AN APPLICATION
to the Maricopa Association of Goverrunents (MAG) for federal Aid (CMAQ/TA-MAG) funding, for an Urban Trail
along Glenbrook Blvd. (Initially Estimated funding: Grant - $700,000; Town - $250,000)
Applicant: NIA
Applicant Contact Information: NIA
Owner: Town
Owner Contact Information: NIA
Property Location: Glenbrook Blvd.
Related Ordinance, Policy or Guiding Principle: 2012 Urban Trail System, 2017 Strategic Plan
Staff Summary (background): The Maricopa Association of Governments (MAG) has announced a call for
projects for Federal Highway Administration suballocated funding, including for Congestion Mitigation and Air
Quality (CMAQ) funding, and for Transportation Alternatives (TA -MAG) funding, for the FY 21 and FY22 years.
As an inter -departmental effort, the Development Services, Public Works, and Community Services
Departments have reviewed the grant and identified a potential pedestrian project suitable for this funding. A
detached pedestrian path, approx 1.5 miles long, along the south side of Glenbrook Blvd (Bainbridge Dr. to
Fountain. Hills Blvd.) is the Staff recommended project for this grant. Staff considered multiple options and felt
this project held the most merit. The installation of this pedestrian pathway would effectively complete the
McDowell Mountain Urban Trail, the fourth of six interconnected trails identified and adopted by the Council in
2012. It will add roughly 7,000 feet of concrete trail.
Glenbrook Blvd. currently carries a maximum of only 2,000 vehicles per day (per the Town's 2014 traffic
count; development of the State Trust Land area would only add 700 vpd (ref: Fountain Hills ASLD, Traffic
Impact Study by Kimley-Horn, dated Jan '08)). Staff anticipates typically narrowing this overly wide street (and
reconnecting existing driveways) to accommodate this trail.
Completion of this trail will substantially improve the safety of local youth and families by providing dedicated
access to walk -able and bike -able routes to all four Fountain Hills Unified School District locations, as well as
to parks, commercial and multi -family areas, and to the future State Trust Land.
MAG's available CMAQ plus TA -MAG funding totals $26,096,000 for this grant cycle. Federal funds can
provide up to 94.3% of eligible construction costs; with the Town providing 5.7% matching funds for eligible
construction costs, plus funding for all other project costs (including scoping, design, ADOT submittal
Page 1 o1 2
documents, ADGT review fee, utility relocations, right-of-way/easement costs, and any construction costs
beyond the grant funded amount). This project has an initially anticipated total cost of $950,000 ($700,000 in
Federal Funding plus $250,000 in Town funding).
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status): If grant approval is received, Town CIP funding would
need to be planned for FY1 9 through FY22..
Budget Reference (page number): NIA
Funding Source: Multiple Funds
It Multiple Funds utilized, list here: Grant Fund, Capital Projects Fund
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NIA
Staff Recommendation(s): Staff recommends authorization to submit this grant application.
List Attachment(s): Project Area Map, Typical Section, annotated Urban Trails Map
SUGGESTED MOTION (tor Councu Use): Move to authorize staff to SUBMIT AN APPLICATION to the Maricopa
Association of Governments (MAG) for CMAQfTA-MAG grant funding for the Glenbrook Blvd. Urban Trail
Project.
a red by j
c,
A
Page 2 of 2
RESTRIPE
EXIS IING-
P Vpl' I
R/W
42'
32'
6' 12' 12' 12'
CANE IWU WAY LANE
CEF I I OR19
CANE
16'
oom�v��
moc��wmne�voao��oev amooamE,b 0oa000m,_,�v
NEW 3" AC
6" ABL;
42' R/W
32'
NEW S/W ESM' I
(WHERE UCCURS)
VARIES
I
6, N Ew
URBAN I
TRAIL I
I
1
m oo oo`.00c o-,..�
REMUVE EXIS I IMU
- MEW RuCC CURB &A.C. & EX I RUDED
GUTTER wEDUE CURB
TYPICAL SECTION
LOOKING EAST
McDowell Mountain Regional Park
,7 18.
............................ ......
GLENBROOK URBAN', *5'
TRAIL PROJECT
Town's
Urban Trail Plar
I P(-Ir-K;n
CIVIC CENTER TRAIL 3.2 MI
A%
FALCON TRAIL 1.7 MI
-------------
SUN RIDGE TRAIL 3.8 MI
RnRE
FOUNTAIN PARK TRAIL 1.9 MI
LAKE OVERLOOK TRAIL 1.9 MI
"re0 FOUR PEAKS TRAIL 4.3 MI
rande Blvd
DESERT VISTA TRAIL 2.0 MI
mom
McDOWELL MOUNTAIN TRAIL 2.5 M
NORTH HEIGHTS TRAIL 4.0 MI
CL
-pm-
0
RnRE SUNDOWN TRAIL 4.5 MI
Jr tiny; TRAIL COMPLETED.
FUTURE TRAILHEAD.
4f�{�l �� it �,_ �� �f � • � ���
L6
FM 1E
04
9
14
RTA:
xn
GLENBROOK URBAN', *5'
TRAIL PROJECT
Town's
Urban Trail Plar
I P(-Ir-K;n
CIVIC CENTER TRAIL 3.2 MI
A%
FALCON TRAIL 1.7 MI
-------------
SUN RIDGE TRAIL 3.8 MI
RnRE
FOUNTAIN PARK TRAIL 1.9 MI
LAKE OVERLOOK TRAIL 1.9 MI
"re0 FOUR PEAKS TRAIL 4.3 MI
rande Blvd
DESERT VISTA TRAIL 2.0 MI
mom
McDOWELL MOUNTAIN TRAIL 2.5 M
NORTH HEIGHTS TRAIL 4.0 MI
CL
-pm-
0
RnRE SUNDOWN TRAIL 4.5 MI
Jr tiny; TRAIL COMPLETED.
FUTURE TRAILHEAD.
4f�{�l �� it �,_ �� �f � • � ���
L6