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Home My WebLink About180417PJ NOTICE OF SPECIAL AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 4:00 P.M. — 5:30 P.M. -- SPECIAL SESSION 5:30 P.M. -- REGULAR SESSION WHEN: TUESDAY, APRIL 17, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2018\r180417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 1 of 4 SPECIAL SESSION AGENDA CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh REVIEW results from PAVEMENT ANALYSIS by IMS Infrastructure Management Systems WITH POSSIBLE DIRECTION TO STAFF. 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS 1) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by Maricopa County Recorder Adrian Fontes regarding election processes in 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. CONSIDERATION of approving RESOLUTION 2018-24, the first amendment to the Town's Intergovernmental Agreement with the Arizona Department of Transportation (ADOT) for the Fountain Hills Boulevard shoulder paving project [#JPA 13-0001686] between Pinto Drive and Segundo Drive. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Boys and Girls Club of Greater Scottsdale Inc. (Samuel Fowler) for the promotion of a fund raiser, to be held at 15717 East Eagle Rock Drive in Fountain Hills, from 5:00 P.M. to 11:59 P.M. on Friday, April 20, 2018. z:\council packets\2018\r180417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 2 of 4 Regular Agenda 3. CONSIDERATION of NAMING the eastern most area of the Avenue of the Fountains Plaza, adjacent to Saguaro Boulevard, the Sharon Morgan Plaza 4. CONSIDERATION of two PROP 202 GRANT APPLICATION REQUESTS by the Tourism Division to be submitted to: (i) the Fort McDowell Yavapai Nation, in the amount of $10,000.00; and (ii) the Salt River Pima Indian Community, in the amount of $45,000.00. 5. CONSIDERATION of a GRANT APPLICATION REQUEST (by the Parks Division) to apply for the Kompan playground matching funds grant ($50,000). 6. CONSIDERATION of a PROP 202 GRANT APPLICATION REQUEST by the Economic Development Department to be submitted to the Fort McDowell Yavapai Nation in the amount of $10,000. 7. CONSIDERATION of the THIRD AMENDMENT to contract C2016-128 with Geuther Electrical, LLC, to increase the amount from $120,998.00 to $135,998.00, for electrical services. 8. CONSIDERATION of RESOLUTION 2018-25, declaring as a public record that certain document filed with the Town Clerk and entitled Article 6-2 Rabies/Animal Control Leash Law. 9. CONSIDERATION of ORDINANCE 18-05, amending Town Code, Chapter 6, Animals, by amending and restating Article 6-2, Rabies/Animal Control Leash Law; and declaring an emergency. 10. CONSIDERATION of ORDINANCE 18-06, amending the Fountain Hills Town Code, Chapter 12, prohibiting texting while driving within the Town of Fountain Hills. 11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING before the State Legislature. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. z:\council packets\2018\r180417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 3 of 4 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. i.) REPORT from Fire Chief Dave Ott, on behalf of the Town Manager, regarding the location and response times for Fire Station #2 14. ADJOURNMENT. DATED this 5th day of April, 2018. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2018\r180417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 4 of 4 J NOTICE OF SPECIAL AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 4:00 P.M. — 5:30 P.M. -- SPECIAL SESSION 5:30 P.M. -- REGULAR SESSION WHEN: TUESDAY, APRIL 17, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\councilpackets\2018\rl8O4l7\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 1 of 4 SPECIAL SESSION AGENDA CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh REVIEW results from PAVEMENT ANALYSIS by IMS Infrastructure Management Systems WITH POSSIBLE DIRECTION TO STAFF. 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS 1) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by Maricopa County Recorder Adrian Fontes regarding election processes in 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. CONSIDERATION of approving RESOLUTION 2018-24, the first amendment to the Town's Intergovernmental Agreement with the Arizona Department of Transportation (ADOT) for the Fountain Hills Boulevard shoulder paving project [#JPA 13-0001686] between Pinto Drive and Segundo Drive. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Boys and Girls Club of Greater Scottsdale Inc. (Samuel Fowler) for the promotion of a fund raiser, to be held at 15717 East Eagle Rock Drive in Fountain Hills, from 5:00 P.M. to 11:59 P.M. on Friday, April 20, 2018. z:\council packets\2018\rl80417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 2 of 4 Regular Agenda 3. CONSIDERATION of NAMING the eastern most area of the Avenue of the Fountains Plaza, adjacent to Saguaro Boulevard, the Sharon Morgan Plaza 4. CONSIDERATION of two PROP 202 GRANT APPLICATION REQUESTS by the Tourism Division to be submitted to: (i) the Fort McDowell Yavapai Nation, in the amount of $10,000.00; and (ii) the Salt River Pima Indian Community, in the amount of $45,000.00. 5. CONSIDERATION of a GRANT APPLICATION REQUEST (by the Parks Division) to apply for the Kompan playground matching funds grant ($50,000). 6. CONSIDERATION of a PROP 202 GRANT APPLICATION REQUEST by the Economic Development Department to be submitted to the Fort McDowell Yavapai Nation in the amount of $10,000. 7. CONSIDERATION of the THIRD AMENDMENT to contract C2016-128 with Geuther Electrical, LLC, to increase the amount from $120,998.00 to $135,998.00, for electrical services. 8. CONSIDERATION of RESOLUTION 2018-25, declaring as a public record that certain document filed with the Town Clerk and entitled Article 6-2 Rabies/Animal Control Leash Law. 9. CONSIDERATION of ORDINANCE 18-05, amending Town Code, Chapter 6, Animals, by amending and restating Article 6-2, Rabies/Animal Control Leash Law; and declaring an emergency. 10. CONSIDERATION of ORDINANCE 18-06, amending the Fountain Hills Town Code, Chapter 12, prohibiting texting while driving within the Town of Fountain Hills. 11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING before the State Legislature. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. z:\council packets\2018\rl80417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 3 of 4 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. i.) REPORT from Fire Chief Dave Ott, on behalf of the Town Manager, regarding the location and response times for Fire Station #2 14. ADJOURNMENT. DATED this 5th day of April, 2018. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2018\rl80417\180417a.docx Last Printed: 4/11/2018 10:45 AM Page 4 of 4 'VAIN4. TOWN OF FOUNTAIN HILLS � _. lylzt TOWN COUNCIL, 7,1 .1 - Q ��-rhat is & AGENDA ACTION FORM Vx,e Meeting Date: 4/1712018 Meeting Type: Special Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Justin T Weldy Public Works Director, jweldy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): REVIEW results from PAVEMENT ANALYSIS by IMS Infrastructure Management Systems WITH POSSIBLE DIRECTION TO STAFF. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): On December 5, 2017, Mayor and Town Council approved a contract with IMS Infrastructure Management Services, LLC. to provide the mapping of the Town's roadway network, pavement data collection, asset management software, analysis and reporting of the Town's current roadway network. IMS Infrastructure Management Services has prepared a presentation to outline and discuss the 2018 pavement management program, which includes current funding levels, pavement management components and proposed future funding levels. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): Pavement Management Presentation SUGGESTED MOTION (for council use): Pagel of 2 2018 State of the Roadway Network in The Town of Fountain Hills Justin Weldy, Public Works Director Stephen Smith, P.E., Principal Engineer Scale of Investment ... ■ —24,482 people 163 CL miles of Town owned roadways 3.6M square yards of pavement Enough to build a road to the New Mexico state line Wigle largest visible Town asset valued at $1.23M/mile or $200M total F ar• j, look at the condition score: PCI = 60 (Fair/Good) Back log = 5% (tang et � 12%) B+ rating — lir`kclroppi/ Excellent Very Good Good CY c m E Fair m a Poor Very Poor 40% of pavement life has a 15% drop in quality 15% of pavement life $1 spent now has a 40% drop in quality Pavement Life Cycle Curve Costs $8 if delayed Target Zone for Pavement Rehabilitation C'1 d '•. Increased Pavement Life Ti IL 0 • ., .V n-rehabilitateq Pa vernent*Performan�e Time Concept of Pavement Management... rAl Priorities, nalysis Techniques & Reporting , Town Objectives, Policies & Budgets Balanced Approach Understanding of ® Condition / Tools to Rate the Streets — Objective Survey ... ,.a a V Condition Focuses On: Roughness (pavement deterioration) Wheel Path Rutting Alligator Cracking Longitudinal & Transverse Cracking Distortions Bleeding Weathering/Ri Patching & P, 100 o A 7 u f 0 a X 'a 60 0 50 0 U +� 40 a, E 30 M CL 20 16 JA Town of Fountain Hills, AZ Excellent - Routine and preventative maintenance, some \�"Pavement Condition Definitions Using Common Terms crack and joint sealing, localized repairs Very Good - Surface treatments (slurry, micro surface, chip seals), PCC localized remove and replace, crack seal and joint sealing Good - Surface treatments with localized repair to thin overlays, PCC slight panel replacement Fair - Thin to moderate overlays with some remove and replace, PCC moderate panel replacement .........................................\aceremoval, .......................................................................................... Marginal - Progressively thicker overlays with remove and replace, PGC extensive panel replacement Poor - Thick overlays to partial recemoval, compaction, overlay), PCC extennt andgrindin lee.................................................................................... h..................•.........................•............................I Very Poor - Full reconstruction and base stabilization 0 5 10 15 20 25 30 Time (Years) 35 40 45 50 GISIa: 1021 Image: FOUN007_001444_0014_CF.jpg a]' A Understanding the PCI ... very Poor & Poor (0 - 40) N GALATEA DR Base and Structural Failures Evident �= -Rutting on Arterials Exten ve Fatigue Cracking jFOUNTAIN coaching point where overlay urface.based rehabilitation not ,, stuMble ll1�d� PE At lowePgnd, Mbilitation need often driven by cit $ complaints or safe concerns. Streets between a PTCI of 25 to 40 a priority to avoid u],h�re fittlion201 0r.e.� :Ub Understanding the PCI ... Marginal (40 - 50) Localized base failures Rutting at intersections Extensive cracking Extensive patching 4 � r� v�16 FOUNTAIN HILLS CF Ims 2018103104 20:07:21 I .I Tired streets due for a - 4,, _ thicler overl y with structural patching. y --: Wise'to:- fOo of the network is marginal ority — Salvageable Z 1 t5/U.i/U5 zu:Lq:U�p Uaderstanding the PCI ... Fair (50 - 60) CF IMS 2018/03/03 16:40:04 return, less grinding, drainage Understanding the PCI ... Good (60 - 70) FOUNTAIN HILLS Few localized distresses Minimal base failures If distressed due to loading, may need thin overlay, otherwise crack seal and surface treat (micro/chip seal/slurry). Greatest cost benefit: Thinner strategies Less crown build-up Less intrusive rehab Maintain existing drainage Z -V 101V.D1V'+ /_V. �.VV I Uaderstanding the PCI ... Very Good (70 - 85) Very few distresses No rutting No base failures SADES BLVD FOUNTAIN HILLS Wr` Crack seal with surface treatment- early Maintains existing drainage. CF IMs Extends pavement life at lowest 2 /03/0317:40:15 `"... cost Understanding the PCI ... Excellent (85 - 10 0) GISID:860 A H- A 1 I _ Q \ QP FOYNTAIN HILLS mage: FOUNQOS_001004_0008_C jP9 Like new condition Very few minor distresses - Smooth ride, good drainage I F TPOS 1119:24 Cf IMS 2018/03/03 20:19:01 Should provide 5 to 10 years --� prior to first rehabilitation with routine maintenance 35 30 25 M L a � 20 Max Target :�; 12% Max Tolerable< 15% Town of Fountain. Hills, AZ Pavement Condition Lysing Descriptive Terms Current Network Average Condition = 60, Backlog = S% Well Below the 15% 0 - V Poor (0 to 25) Poor (25 40) Margin2l (40 to 50) Fair (50 to 60) Good (60 to 70) Very Good (70 to 85) Fxc ent (85 to 00) Pavement Condition Using Descriptive Terms Town of Fountain Hills a 6 Pavement Analysis a Condition Rating (Descriptive GFP) fa by Segment .E; -ruction 5 %4 n best 77 1 PCI r ' 1 wF 0 0 greater ,E 011: M PW MW Total Network Deficiencv and Life Cvcle Cost Estimate (Annual Budqe Total Cost Life Cycle Life Cycle Asphalt Deficiency ($) %of Total Arterial Collector Local (years) Cost ($) ACP Full Depth Reconstruction 243,100 0.4 0 0 243,100 50 5,000 Surf Rmvl + Base Rehab + Olay 6,807,000 10.7 0 198,100 6,555,000 35 194,000 FWM + Thick Olay (> 2.0 - 3.0) 27,228,900 42.8 1,608,700 2,453,900 22,872,000 20 1,361,000 EM/FWM+ Mod Olay (2.0 - 3.0) 19,723,900 31.0 2,112,400 3,560,400 13,968,700 17 1,160,000 EM + Thin Overlay (1.5 - 2.0) 7,499,300 11.8 2,526,800 1,377,500 3,574,800 15 500,000 Surface Trtmnt/ Chip Seal 929,500 1.5 210,700 299,300 395,700 10 93,000 Slurry Seal / Prvntve Mntnce 1,158,800 1.8 477,900 235,800 433,000 5 232,000 Routine Maintenance 100.900 0.2 59.600 18.200 22.700 2 50.000 Total Network : 63,691,400 6,996,100 8,143,200 48,065,000 3,595,000 M M 80 70 �. 60 30 20 10 0 10 20 30 40 50 60 70 80 90 100 Pavement Condition Index (PCI) 100- 90 - 80 70 K Q 60 .2 50 0 E 40 CL 30 20 10 0 0 10 20 30 40 50 Time (Years) 60 TO Torn of Fountain Hills, AZ RoLtire ACP and PCC Performance Curves Moderate -45 Year Curver. FPrevertative kfzint=rarx SuraTrtrrrts LO Progressively Ttkker Overlays i ACP Curve -1>. -ACP Cup.,e-2 PardRplompt -ACP Curve -3 -ACP Curve -4 j 6 ACP Cunt:. -3 ACP Curve - 6 ----- PCC Curve -9 -----PCC. Curve -14 ---- PCC Curva-11 Partial to Rd Donstrwtk)D ------------- 0 10 20 30 40 50 Time (Years) 60 TO own of Fountain Hills, ,Z ehabilitation Strategies and Unit Rates 5 ^ 85 tl 100 N Asphalt 10 Slurry Seal! Prvntve hlntnce N 77 85 I- � Asphalt 20 a Q 70 V v 88 8 Asphalt 23 SurfTrtmntJChipSea I+RR 70 tl 75 tl tl Surf Trtmnt J Chip Seal + RR 60 62 70 88 6 4.30 4.10 3.80 3.80 0.00 Asphalt 34 EM+Thin Overlay (1.5-2. 19.50 18.44 15.75 14 Asphalt 33 EM+Th inOlay(1.5-2.0)+ 0 24.54 19.40 13 Asphalt 36 EM+Th in0lay(1.5-2.0)+ EO i] d {y m d Cid 1L m 50 E?94 3 11 us J J � e� Rehab Activity � x 60 94 10 Asphalt 46 EMfFWM+Mad 0lay(2-3)+RR 40 43 50 5 Routine Pdaintenance 85 0.25 100 0.25 Asphalt 10 Slurry Seal! Prvntve hlntnce 75 77 85 85 15 Asphalt 20 Surface TrtmntJChip Sea 1 70 72 75 88 8 Asphalt 23 SurfTrtmntJChipSea I+RR 70 72 75 88 7 Asphalt 26 Surf Trtmnt J Chip Seal + RR 60 62 70 88 6 4.30 4.10 3.80 3.80 0.00 Asphalt 34 EM+Thin Overlay (1.5-2. 19.50 18.44 15.75 14 Asphalt 33 EM+Th inOlay(1.5-2.0)+ 0 24.54 19.40 13 Asphalt 36 EM+Th in0lay(1.5-2.0)+ EO 21.75 g 12 Asphalt 40 EMJFWM + Mod 0lay (2.0- 3.0) 50 E?94 26.50 11 Asphalt 43 EMJFWM+Mad0lay (2-3)+RR 50 53 60 94 10 Asphalt 46 EMfFWM+Mad 0lay(2-3)+RR 40 43 50 94 9 Asphalt 50 FWM +Thick Olay (> 2.0- 3.0) 40 43 50 96 3 Asphalt 53 FWM+ThekClay (>2-3)+RR 40 43 50 96 2 -"-sphaf 56 FWM+ThekClay (>2-3)+RR 25 30 40 % 1 Asphalt 60 Surf Rmvl + Base Rehab + 0lay 25 30 40 98 4 Asphalt 74 ACP Full Depth Reconstruction 0 10 25 144 5 Concrete 510 PCC Jnt Rehab & Crk Seal 75 77 85 85 15 Concrete 520 PCC Localized Rehab 74 72 75 88 5 Concrete 530 PCC Slight PnI Rplcmnt (<10%) 60 62 70 92 13 Concrete 533 PCC Slight PnI Rplcmnt +Grind 60 62 70 92 12 Concrete 540 PCC Mod Pnl Rplcmnt (<20%) 50 53 60 94 10 Concrete 543 PGC Mod PnI Rplcmnt+Grind 50 53 60 94 9 Concrete 550 PCC Extnsve PnI Rplcmnt (<33%) 40 43 50 96 2 Concrete 553 PCC Extnsv Pnl Rplcmnt +Grind 40 43 50 96 1 Concrete 560 PGC Partial Reconstruction 25 30 40 98 4 Concrete 563 PCC Partial Recon +Grind 25 30 40 98 3 Concrete 570 PCC Full Depth Reconstruction 0 10 25 140 5 1 025 025 0.25 0.25 0.25 0.25 6 2.60 2.50 2.40 2.20 2.20 0.00 11 4.00 3.80 3.60 3.30 3.30 0.00 11 4.50 4.30 4.10 3.80 3.80 0.00 11 4.50 4.30 4.10 3.80 3.80 0.00 19.50 18.44 15.75 15.75 0.40 1120.75 1 21.75 24.54 19.40 16.75 16.75 0.00 21.75 24.54 19.44 16.75 16.75 0.00 23 26.50 24.75 23.25 20.00 20.44 4.00 23 27.75 26.00 24.50 21.25 21.25 0:00 23 27.75 26.00 24.50 21.25 21.25 0.00 28 32.00 30.00 28.00 24.00 24.00 0.00 28 33.50 31.50 29.50 25.50 25.50 0.00 28 33.50 31.50 29.54 25.50 25.50 0.00 34 53.54 49.54 46.44 39.44 39.44 0.00 45 96.00 88.54 81.44 68.00 68.40 0.00 8 1.45 1.40 1.35 1.25 1.25 0.00 15 4.90 4.70 4.54 4.00 4.04 0.00 25 18.75 17.50 16.25 14.25 14.25 0.00 25 20.75 19.50 18.25 16.25 16.25 0.00 31 35.50 33.50 31.00 26.50 26.50 0.00 31 38.50 36.50 34.00 29.50 29.50 0.00 38 53.00 49.00 45.50 38.50 38.50 0.00 38 57.00 53.00 49.50 42.50 42.50 0.00 45 139.04 128.44 117.00 97.04 97.04 0.00 45 144.40 133.40 122.44 102.00 142.04 0.00 60 244.40 187.44 174.00 144.00 140.04 4.40 90 80 _ 70 0 cy m oo L Q% Q L 60 0 W Z to s CD W 50 0 CL 40 30 Current PCI (2018)=60 S'�•1tS Town of f=ountain Hills, AZ Ten Year Post Rehab PCI Versus Annual Budget � r r ' r � r , r ' r ' r ' r ' r ' r r ' r ' r , r , Fountain Hills Budget - PCI = 51, Backlog = 45.4%, Annual Budget = $2000k/Yr Steady State Budget - Final PCI = 60, Backlog = 30.21, Annual Budget = $3600k/Yr ----- Recommended Budget - Final PCI = 75, Backlog = 10.4%, Annual Budget = $6000k/Yr ----- Maintain Current Backlog - Final PCI = 80, Backlog = 51, Annual Budget = $6900k/Yr r , r , r , r , 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Annual Budget Each Year for Five Years ($1,000/Yr) 60 Town of Fountain Hills, AZ Ten Year Post Rehab Backlog (%) Versus Annual Budget Fountain Hills Budget-PCI=51,Backlog= 45.4 AnnuaIBudget=$24 k,Yr V Steady State Budget -Final PCI=5; Backlog=30.2 6,.ArmualBudget=$36MIVYr 40 -----RecommendedBudget- Final PCl=75,Backlog=S-3.4AAnnualBudget=$ER'+Wh,FYr � Maintain Current Badclt>g-Final PCI =80, Backkng= S%, Annual Budget= 569:?71cyYr 4 c3 44 ti4 d4 C} +77 20 +.fl dC O Control Backlog= 12% ------— ----------- -- -------------- _ I I I I Current 6acklo-g {2018} = 5% ------ – – – – – – – – – – – – – – – – – – – ------------------------------T---------- 1 1 1 1 1 1 I � 1 1 0 1,000 2,0100 3.CCC 4.006 5,000 6.060 7,006 8,00) Annual Budget Each Year for Fire Years ($1,000/Yr) 100 KII 80 70 60 50 40 30 Town of Fountain Mills, AZ 10 year Annual Condition for Various Budget Levels Forecast Trend Analysis Fa All -Final PCI = 82, Backlog = 0%, Total Cost = $M or $M/Yr ----Maintain Current Backlog- Final PCI = 80, Backlog= 5%, Annual Budget= $690ok/Y7r ---- Recommended Budget -Final PCI = 75, Backlog= 10.4%, Annual Budget= $6COOk/Yr Steady State Budget -Final PCI =60, Backlog= 30.246, Annual Budget = $36c0k/Yr Fountain Hills Budget- PCI = 51, Backlog= 45.4%, Annual Budget = $200ok/Yr Do Nothing Budget- Final PCI = 38, Backlog = 64%, Annual Budget = $k/Yr 2011 Start 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Year Town of Fountain Hills, AZ Eauity Removal Summary Starting PCI: 60 Fix AIT PCI: 32 10 year past rehab PCI from Ffoc All budget PCI Increase: 23 FtK All PCI less starting PCI Fix All Cost ($) ' 74,590,000 10 year fix all cast from Foc All budget Cast Per Point Increase (Vpt) 3,305,000 Foc all cost 1 PCI increase Equity Removal Based On PCI Restoration For PCI Controlled Agencies e nual. Annual Budget ($ r- a Starting PCr 60 9 60 Final PCI 39 45 PCI Drop: 22 15 Costto Replace Equity (S): 71,071,000 49,926,000 10 yeas Budget Expenditure ($): 0 10,000,000 Total 10 year Cost (S): 71,071,000 59,926,000 Cost Over Steady State Budget ($): 35,071,000 23,926,000 ditiona[ Annual Cost Over Steady State (Vyesr): 7,014,204 4,795,200 OOM Annual: $3.0OM Annual Steady State 2000 N 3000 3,600 60 60 60 51 1 50 9 3 0 30,471,000 10,625,000 0 20,000,000 30,000,000 36,000,000 50,471,000 40,625,000 36,000,000 14,471,000 4,625,000 0 2,6:94,200 925 ,;//-f 10�ypqp phul dtdiM Hills - A, a z -- I %.AV GI II,I I1 /-V IVI YJ;.) Rehab Plan: $6 -OM Annual Budget Rehab Activity & Year Legend centenlneI= nada Rehab AatMly $6.0m -- SWmy Seal / M,I,. Mninee X94] - 5r,nac®1�®mm®m /Culp Seel 1821 - Thin Overlay I IJ Moderate OIMW 1431 Thkk Overlay (719) 5" Rmvl + &OSB RptK1b+0IW ( 1211 Rehab Year :a 2019 pm 2021 WMa t �. ! .�� __ Dr-�eiomcsr-i� Anrrleicic �� i` 0 Year Post Rehab GFP: Segment V by Segment P. Legend IC Year Fosf Rehob GFP $6DM ,r k c-21 very roa free 25-4o Pod w -so Marginal 50-6p Fdr [Yell j !q.]p Goad i 7aE5Very Good a n i �^ ` &5 -ICO E✓xGenf l$'—I J -, F mr a--o'Ai M Hills �ICY— Rehab. Prntaman� Anrrlvrir _ Plan: $2.OM Annual Budget W Rehab Activity & Year Legend C—t`l—Erdnotles Rehgb ACWty $70M "'"""'- SlurtyS�l/PrvMveMMnce j4]i Surface fre i—m/CNP 8-1�11j TNIn Ov9rloy � I Modaoie Dv M I2) LNaG wlfl /2761 Sul R—I+B—Rehab+Ol¢ 101 Rehab Year 2018 2019 2rry 2021 2OT1 2013 :1S C �p Looe+Leaena �u rmp�in Legend ee�rgit�e eadna�e= 10 Year Past Rehab GPP $2.Om 0-25 Very Poor lratll 25-40 Par 40 -SO MWgingl (wE—) d0-70 Goad JO - B5 '- G- 85 100 Excellent fw—1 e� AV w r�rtG�,' �' �/ O dawn of Fountain Hills Recommendations ... 1. Maintain PCI well above 60 with a backlog below 10% for entire roadway network. Over the next 10 years: The actual budget of $2.OM would result in a network PCI of 51 and backlog at 45% The recommended budget of $6.OM would result in network PCI of 75; backlog at 10.4% 2. Use of a full suite of rehabilitation strategies reviewed on an annual basis. 3. Steady — effective rehabilitation and maintenance on an annual basis saves the Town money over deferred maintenance. 4. Town should resurvey their streets every few years to update the condition data, analysis models, and rehab program. Questions,? i P9 7 J Il:U 1 ARTZONA A 5. - r ii T H E R E C a R D E R r S O FFICE MANI FEST S FDR DUR CITIZENS THE TONIN PILLARS OF DEMOCRACY — PRIVATE PROPERTY AND SELF DETERMINATIO N." X May 20 Ballot by Mail, Ballot Centers and Improving the Way We Vote ARIZONA May 2018 Flp-rtonn-q •All voters will receive a ballot in the mail • 3 Jurisdictions will be voting in May (Fountain Hills, Queen Creek and Surprise) • At Ballot Centers voters can drop off ballot, vote in person or request a replacement ✓ Communal, convenient location ✓ Not an assigned polling place V Less provisional voting I G9� a CpT/ q� �0'q pey�q� 'pECONp- Op � E%f Rq ° ar. rhe 4seP+rC"'VENTS Drhe N °`dr fnry° v b a mOf b°®erg ee d p ° d r �°°um b !" mcOe° •c°M r•P.r.nce.°h wR .a°rded f°� �s`w�Rr�a�r d..�e he.,.e�xa . '4RP crelr 1 R'4hAc °Oh°n °fs•., ^'•seni.- + ailliG^ d°tome r°/ekeeAinY. entll Nb , hOEEN REOIs► nrdedenrh, n .ode,..'P41/0N,°;n, R.gpsr r°^P°Ce. rh r acting a L 5 Citizen IMer'Ye° m° ntY °ter rPRixe�yrian dera6° Pr°ridarP� �� Yeare •(d6 EOv"Eli 111110 nMiuerc��are o^ ! nllnAt ager lime uex,.. 6a de.,_YR.en...t i W. W Fed ckey Mq y� Why Move to Ballot by Mail 7 OIncreases participation Reduces cost More secure 0 Improved voter experience � P � voter ti^ I m Iste� � t R 1� sob EpRLVB �n tnllhan oNce Aanv c ur i n�'r11ry (°I1°w�nE d�notvoted an8 w11l �rootlnE °� ed th4s atpdauit sego to l declare unt9 lykona, nd that knuw�n8 dbat46t and gAadcaP ar state I un an ted the enclose RErp�4NG O e xfNG p2r4el cP 5fe4onY NtN �,. ,rr' electlon Is a Dass e,dhelow. , _„ c y ut n;., 8 with ER PEp50 , r�,,, '� �„ this aSRdavd4re�1V i,.ry unyessnot ARM fOLLO�G'i •�.. . Pers°nahV P1i�sf kfsltatilV "oOr retUmtns vaterlw�t4gnrnwas iE NE W OT LO fe4nlassls[edltf^Ed 'pahot Ical llml trIE BM1ueled vgte(S vote{s easslsta °t the reg tuming thel Providedd e illness^ V�nd ��tt�he vowf s� ecu°n m oa nstlucted hV etf�halWtrs„theY hatitiyt amustbe able tq ^� i unahVe t"u ahta tband that the vgt�e ExVbt• mark aypineY ",Tot OhYsScallY �,®nitthdY"GIN A A Pvand'Ot ubN tlttp0r U- SyvD°tyrdo ndaseen Vt �:..N:!`f.� CI O 8900 na d^ P.ertW � V nq Vq una vee a V Rrm'k nee n,i" !"• n^ he nota I mos de seta adly d°^• rnadm ode pr a°entiendo qu�svvpte end �aconN„ua �� NnBd^.le an es un a z,me „'eA °eCAR O 4 `Ty0„ deg valrca� a ualggre ,dn Wrada Pe< yptpr�• �P.eriun'rxSbn lusada aaWRue e1 astadeclaPEP`+ONp PytsOd �tarutii nEen esWl'8a�ta dea�n�a Ralca'r^CMy^ S��`{tJ tpl5 y�al�in n�M �dlo�np`e ybQ 8�g gyad �naY„l 8dn �no aW ° iaie oY e4�e� dlcb dlrectaa dehtdn la botzta v esu znlecddn aur�que Jmama matcal Sa �pd4a dev°fuel¢ dabs hace nP Pyo°Pprgye no y qye el VOWn iss'Ea 1Parav°tar tela• I orad' real Va tiro Pueda madefy°sante, Nombre del Aystente dalvgtame: 01reU}�„' del pal4enCe 5U F1RM •.XA9 Pala � v�gradd„• S -j511. t1 �yfEDP�O�N£0.6'SRP �tipM � 5p6 j51�. 14 IOU M15MP80 D� P N�OFR � PME��Ey SyEGE51t P SI MARCb SU I C 6�0 11 i 5 MARICDPA COUNTY RECORDER • LG' • 1 � �1 •r,. � y _., ,r �r �I e. a � 1 fr Maricopa County Recorder's Office f0-1 Elections Department *p-*$fOp* I April 16 Voter Registration Deadline April 25 Ballots Mailed Out (at 20 days prior*) Ballot box will be available at Fountain Hills Town Hall May 9 Last Day to Mail Back Ballots May 15 ELECTION DAY * Due to Congressional Dist. 8 Special General Election on April 24 The Voter Experience at a Ballot YOUR BALLOT CENTER f11N11i= Fountain Hills Community Center (13001 N. La Montanna Drive, Fountain Hills AZ, 85268) Early Voting Schedule • Open from 10:00 a.m. — 6:00 p.m. beginning May 5 and through the weekend until May 14 Election Day Schedule • Open from 6:00 a.m. — 7:00 p.m. on May 15 EXTRA DROP-OFF LOCATION Fountain Hills Town Hall (16705 E. Avenue of the Fountains Fountain Hills, AZ 85268) * A sealed, secure ballot box will be available r� 19 fir} ••• r•�i•�� — PROVWNI MR w�.w��-�..sn...... Al9NA771�' REQWIICE�; faR�eN NEgI'. _s I The shading of the voting precincts in this map reflects the number of voters within today's voting precincts who were eligible to vote in the 2006 General Election and elected to vote at the polling location compared to the number of voters who were eligible to vote in the 2014 General Election and elected to vote at the polling location. 150 The top number is the # of polling place voters from the 2006 General Election currently in the voting precinct. The middle number is the # of polling place voters 1 �Q from the 2010 General Election currently in the voting precinct. The bottom number is the # of polling place voters 78 from the 2014 General Election currently in the voting precinct. Percentage Decrease in Turnout of Polling Place Voters by Precinct M 75.90% and Greater 0.09% - 24.99% 5&00% - 74.99% Increase 25.00% - 49.�9F Noting Precin 49.99% Grass -hatched Voting Precincts had zero polling place voters in GE 2014 ■ Town Of Fountain Hills, Arizona Percentage Decrease in Polling Place Voters Between GE 2006 and GE 2014 MARICDPA COUNTY RECORDER n u • � VINs TOWN OF FOUNTAIN DILLS 0 ZTOWN COUNCIL ... �' AGENDA ACTION FORM Meeting Date: 4117/2018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Boys and Girls Club of Greater Scottsdale Inc. (Samuel Fowler) for the promotion of a fund raiser to be held at 15717 East. Eagle Rock Drive in Fountain Hills, Arizona from 5:00 PM to 11:54 PM on Friday, April 20, 2018 Applicant: Samuel Fowler Applicant Contact Information: Owner: Samuel Fowler, Boys and Girls Club of Greater Scottsdale Inc., Fountain Hills Owner Contact Information: - .. Property Location: -= East Eagle Rock Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Samuel Fowler representing the Boys and Girls Club of Greater Scottsdale Inc., for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA 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): NIA Staff Recommendation(s): Approve List Attachments): Applicaitons SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by. orey Povar, Rec eation Manager 4/1112018 Director's Apll�tl Rachael Gooewln, 17unly Services 0lrecWr M11/2018 A rave V. lGraitl�yy E. M�filler, To Y� /`� pager M11/2018 Paget oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 4/11/2018 • Streets Division N/A Building Safety • Fire Department • Building Division Community Services Corey Povar • Community Services Development Services Marissa Moore • Law Enforcement Fire Department Licensing x FR: Corey Povar, RE: Special Event Liquor Application Recreation Manager Attached is a Special Event Liquor Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Boys and Girls Club of Greater Scottsdale Inc. Applicant: Samuel Fowler Date(s) of Event: April 20, 2018 5:00 PM -11:59 PM Date Application Received: 04/11/18 Town Council Agenda Date: 04/17/2018 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore Fire Department Jason Payne x Law Enforcement MsOcfisber x Licensing Sonia Kukkola X Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. - 11- 1 i1 10:'09 RCVD Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, At 85007-2934 www.azliquor.gov (box) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FUK olf c: Ust VNLY Event Date(s): Event time start/end: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or It will be returned, The Department of Liquor licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or If the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: Lei U a Name of Licensed Contractor only (if any): 55QTION 2 Nan-Profit/IRS Tax Exempt Number: 86-0133718 SECTION 3 Event Location: Private Residence Event Address: 15717 E Eagle Rock Dr, Fountain Hills, AZ 85268-2268 SECTION 4 Applicant must be a member of isle qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. I. Applicant: Fowler Samuel ' • • Lest First Middle Data of girth 2. Applicant's mailing address E Lakeview Dr Scottsdale AZ 85258 _61 City State lip 3. Applicant's home/cell phoneMWIRPto Applicant's business phone: (480) 344-5694 4. Applicant's email address. samuel.fowler@bgcs.org I, (Print Full Name) I'1 L C- / declare that I am the APPLICANT filing this application as listed above. I have read the application and the contents and all statements are true, correct and complete. Xu� Sign ore Yirte/ Position Oa� Phone Number The foregoing in twuin nt was acknowledged before me this LLP Day Month Year State ty 27 County of V'ur l ic( C A R N E Li R 1 f Notary Public - Arizona My Commission Expires on: Maricopa County 4" x f Date , fiMur of Notary Public December 27, 20 9/12/2017 Page 1 of 5 Individuals requiring ADA accommodations call (602)542-2999 SIECTICIN 5 Reganding the appliaaiic ri for a special eveni permit: The Offlcel, Director, ou Cltalrperlsan of the oigaritzatfani certifies ih ai the Organizaiion meets the arilEmia in A.R.S. IIA -203.0.21H) as inc ieaied t y checking one of the bo)es telow. (1) ❑ Tl` EI Organization is a palitical party or c1 camFlaign COMITI ttEle 9L ppc r ing a candidate for public ollice. PlEIa3EI indicate the name of the aanc is ase ihat the C nganizatian supports, the office tt ai ihEl candidate seElkS, and Rei marrih and year chat th EI aarididaie V, OL Id first fill the office if I Lccessiul. Candidate: Names oHlaei Munih/lean (2) ❑✓ The Organization is a non-Flnofii entit� cutganized in Arizana, on persLant tcl ire laws of anolFer date tf ai is eligible ion designation uric en Secliion 5(11(C) of ire internal revenue code of it a L rifled Slates. I'l the Clrganizaiion is applying under cpiion I.I) as a nonprofii Elritity, please also INITIAL in tt EI 3PICICIE13 provic ed ne.Nt is all fallowing staternerils to indicate chat, to tt EI best of tt El Organization's knowledge, the follcming stalElrrlerris are CIOIrEICIt. to be Initialeld only Idy an OHic em, Director, cm Ct a irperslon elf tt el clrgc nizclllon. 3E�Th a Cinganiza Iiclri h cv neceiv Elc a determination lett er llrclm the Internal Reverie a ServiCiEl ("IRSI") indicating that ii is Elligible for desigricfiion as a rioripinollit eniity c ridEnl SEICliion 110] (C), eligibility or will be eligible on all days shat if Ei sFleaial eveni will ocaLr, ar has a PlElrlding application vdih ite IRS llor sL ah IrEleimElrlt chat has not been resolved bL 1 tt ai v\ ill rel road ively acv er all days 1 hat to a special event will OCCL n. (Blease provide a copy all sift Efn th a IRS deierminaiion letter or the applicialion [vdihoui atiachmenis] wish this applicaIiclrr). Th e Cinganizaficlri is rrai aware of ariy cation taken t y tt a IRS cl revoke, scspend, an Ott Elrwise Ellimirlaie tt sir 9ligibiliiy uric en 501(C ), on it tt ane is a pleading application, ih a eligibility h as riot received any inc iaaiion tt ai the IRS will c Elny its application arc has a gaud laiih basis farmed L Flan a reasonable inquiry info IRS regulafians, gL is Eflines and Iorms chat arEl eligible uric en 901 IC ). ThEI Organization undenstaric s chat ill there is c change in ciraumstanaEn allten cornplefing tt is form shat may causEl on has aaL sec ii lo lose its eligibility L rIc en 501(C ), wh ett Em before or after necei\ irig arI IRS detErlminafiari leiter, Thal it fi as an affirmative duty io notify the Department oll LigL an, v� hich may take clppropriaie aciioni reganding tt a lass of eligit ility. To be ciamplefec and by ari Off cer, C frecfa4 ar CIIalrFlemon of the onganlzatlan. I, fPdnt Full N amu; 3Zl E?SZCIc eclare If all I am an Clffiaer, Dineallan, or Ch airpeisan of tt a oilganlizaiioni cling This agplliacliic n as lisiEid above. I Fav a read the opplicalon and the cc ntenis and all siaiemerib are trues, corse and co lets. VIP 1'rtix4k, nature TtileV Position Phonei Numbei TF a for oin Hent v, as aaknowledgEic_ t efarEi me 111 is �� 2 I1 Day Month Year Stale Courity o1 CU 6-- , ,z CA RRIE ORI h alai y F u t tic Aiizana My Commission Expires on: _JQ� Dale o My cammissio5i8 �N Public aeceimbem 27, ,ICI19 SECTION 6[ Will ihis eveni be field arta aLrrerlily licensed prElmise and wiihiri the alileady approvElc premises?❑yes ✓ NO (If leis, Local Governing EI ac y Signal L rel riot reqLiiled) Name of I uslne isi Ua en se N umber Phone pnclude Ate is Coder 9,112,12017 Pacle 2 al 5 Inc 1viduals recluienicl hIDA acaorr rr oc aiicins call (t102)5j12-2999 SECTION 7 How is this special ev en'l going io condo cii all disper Ping, servir g, aria SEdiing o11 spidtuaLs Iiqu Cllua FleasEl nead R -19- J181011 Elxplariaticir and cll-e6 ane of the fallowing boxes. OF lace license in nori-u se ❑Dispense and serve all splidiuo(, 3 liquons uric en retciilElr's license [✓ Dispense and serve all spidiu ou s liquons uric Eu1 special Eiveni ❑splii pnemisEl beMeeri special e\ ent and retail lactation 019 USIING I RETA N EJCIEW:14 PLEASE ; IU BNI RI A LEM R ORA GREEMENT FIROM THEI AG ENT/O WNEIR C f Th E LIC ENSIBD PROM L 1BSI X I SIUSREINID CIR RUN CCINICURRENT Wlih THEI REIRNIA NEINII LICEINSIEI DURINIG THE SWINT. IFI THB SREC IAL EVEINT ISI ONLY U 1INGI A PCRTICN OR ]HE PRBMISIEL'i AGBNT/OWNBR W&I NEED 11O SUSRBND 77iA T PC RTICN CUI IWB PRENAJSBSI.] SECTION 8 What i5 tt' EI Klurpase of this eveni9 Son -site eansu mpfion 0011-5iia (auction/wine/distiilec sKlidis pull) Datl- SECTION 9I 1. Has tt' EI applicant been convicted of a felony, on hada liquor IiClElri5e nev cikE1d wiif in tF EI Iasi ii've da) yeanssl ❑iE13 ❑✓ NCI QII yes, atMch explunailon.i 2. How many special everts dciys have been issued to this oiiganizaliciri c u nir d tVe aalElric an yeah? � (lhe numbeti aannol exaeec la c ay s peer yeah) 3. Is tl• a cuiganization a sing tll E1 sensiees of a licensed eaniraaior on oil-eu peuson to mar age the sale ar service of alclol-ol? ❑1'EI3 ao (O yes, must he a Oaenaec canbaa'loi or lfaensce cd if mics 6, 7, 11, ai 14 4. List all PIEIOPIIEI aria onganizatiorn who will necei\El the pIUCIGE1c3. Account fon 1CI0% of il'e proceeds. T[E1 anganizaiion applying must neceiv EI 25%h�of --tt__ ``e--gras_s rrev eriues of Wh_e.�s}p-ecial EIv ert Gqu on sales. Attach an ac diiioraf page ii necessar)l. Narne t?(i`S `� �1fZ15 l:�tuJS�!lt Gr2 cXAl144.0 I J!')G Percentage: CC°�a Address Name Address Sheet cith F eilCiEintage: Stale Ip Please read ALR.S.1144101(191 Special event licie rise: rules and R19-1-2CI5 Reay liementl for Special Event License Nate: ALL A LCIOF OLICI EEM ERA GIEI SA LEI;I N US1 E E RCIF CONSUN P11ON AT TF EI EVENT !MEI ONI Y . 5. Wt at type al secuuity uric control mac is tyres will you take to pneN Eir I violaliaris of Iiqu on laws ai this evenfa (I Isl typle ar d nurrihem crl pcliculsecuiilty Flencinnel and typle till tenclnd cir ccintiol tlai rieus,11 applicable.] EAplcir aiiorc NL mben of Police 1� Numk an of Sea(, 0) flansor reel Dencir g E�arriers BC CS stElfl will moni'lon tt(i eiNiont. Tte tosiciss will him Titles 4 cer ifiec tEidemcais 1ci disnanse Eloahalici be%elEigeis. 9)112)12(11) Paget 31 of 5 Indivieuals iiacluidrig ADA ciaaamrTiac aliarns call (602)542-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4$44(15) and (17) La legd hours a serAce. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date DAY 1: D' DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: Day of Week Event Start time AM/PM 5'.0 Ikense End Time AM/PM SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, bamcades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local /udsdlcHon. Z taCal bOVefning Macy Approval 5ean0n. Date Received: N /� (-d recommend 13APPROVAL D DISAPPROVAL (covemmemomclm7 (11114) On behalf of (city. Town cognM SignaNre Dme SECTION 13 DAPPROVAL DDISAPPROVAL DATE:_J� ARstSa§e4e1m1p0t30ees:W de according to this prohibited agency action, Prohibited acts bb ov en/or<emenl: notice B. An agency sholl not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule ar state tribal gaming compact. A general grant of authority in statute does not constitute a basis far Imposing a licensing requirement or condiflon unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATETHE IMMUNHY PROVIDED BY SECTION 12�0Ai OR 12-820.02. 911212017 Page 5 of 5 Individuals requiring ADA accommodations call 16021542-2999 41912018 Google Maps Go gle Maps Imagery 02C18 Goo a,, Map data 02018 Google 20 ft h8p5,/Am..googlec nVmmW@33.6211846;1117423383,96Mdata=!3m1!1e3 riA11V TOWN OF FOUNTAIN HILLS n TOWN COUNCIL ©�� AGENDA ACTION FORM 1441 is Ar�� Meeting Date: 4117/2018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Public Works Staff Contact Information: Randy Harrel; Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (agenda Language). CONSIDERATION OF approving RESOLUTION 2018-24, the first amendment to the Town's Intergovernmental Agreement with the Arizona Department of Transportation (ADOT) for the "Fountain Hills Boulevard Shoulder Paving Project [#JPA 13-0001686-1] between Pinto Drive and Segundo Drive". Applicant: Arizona Dept. of Transportation Applicant Contact Information: Diane Gillies; Joint Project Agreement Section Specialist; 205 S. 17th Ave. MD637E; Phoenix, AZ 85007; Tele: 602-712-7344; E-mail: DGillies@azdot.gov Owner: Town of Fountain Hills Owner Contact Information: NIA Property Location: Fountain Hills Blvd. (Pinto Dr- Segundo Dr) Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): Staff applied, and MAG approved, additional Federal Aid funding for the "Fountain Hills Blvd. between Pinto Dr. & Segundo Dr. - Pave Shoulders" project. This Amendment No. One to the Town's current IGA with ADOT for this project reflects this additional Federal Aid funding amount. Amendment No. One shows a contract total of $594,876, consisting of $551,538 in total Federal Aid funding, with $43,338 in Town matching funding for this project. (Contract Total - $594.876.) Staff had originally proposed this project in 2010 (and it had been selected for funding by MAG). The Town had contracted with (and is paying all the costs for) Sunrise Engrg. for the project's design. Currently, the draft final design documents have been submitted to ADOT. Project costs have continued to significantly increase since the original proposal of this project, due to increased construction costs following the recession. (Since the Federal Aid funding amount for this project is fixed, any additional bid costs would be the Town's responsibility and would require additional Town Council approval.) Basically, this project will add 2" thick asphalt -paved shoulders to both sides of Fountain Hills Blvd., in the current two-lane roadway segment from Pinto Drive to Segundo Drive. The paved shoulders will: * Reduce run -off -the -road vehicular accidents, by providing additional pavement width. * Prevent pavement break -off in the travel lanes. * Although not designated as "Bike Lanes", the paved shoulders will provide pavement width for occasional bicycle usage, outside of the vehicular travel lanes. * Although not designated as a sidewalk, the paved shoulders will provide a hard -surfaced width for occasional pedestrian usage, outside of the vehicular travel lanes. Page t of 3 In addition to the paved shot.Iders, this project will also clliavide: *A rigl l -turn pockell norlhbot. nd approaching 11ne%irio Drive i1with a thicken pavement section (13" asphaIll on 4" aggneclate basEI'; which is sl. itable for incorporation into a potential future 2nd inlElriaii nod htound 11naffic lane). * plc c itional %iri" shoulc er widths. • Irriclnoved shoulc er c rainacle c itch es, with erosion control measures. • Irriclno�,ed/replaciEirriEinll signage and sllriping. • Hydro -seeding dislUlltElc areas will a native desert chant mix. * AI t1' icker clavElrriElnll section 113" asphalt on 4" aclgregaie base; at polenllial ft.iune, interim widenings at 1I -EI fallowing locations: - Nor l bounc, 11nomi Flinto ❑r. to Kingstree Blvd. QFor a clollerillial ft.iune 2nc riodhtound interims iraffici larie, 110 accorrimioc a11e merging trafilia from the eastbounc CIL al left t1'. rn lanes fnarri Shea Blvd. to Bmienald ❑rivEi. - Nor 1 bound aric soulht ound, t otl approaching and deparlincl from the all -way stop at Inca/Ocotillo, foil 300' each dinecition. IIFor potential inlenimi intersection widElriing, such as for potential ft, lure inlenimi lefil-turn and/or night --urn pockets at this All -Way Stop lociaiion.; • Norlhbot. rid and x01.111 bounc , fnorri 20CI' north of Sullivan Dr. to Slegunc o ❑r., for po11EIn11ial additional interirr Ill' rat, gh or turn lanes t1' ere. (This roadway Segment 1 as cilosely spaced intersections with 1 igh III. ming rrlCI% Elrrlerlis. ) [Note: IF a future, full-widtl , medianned, tlull-pavemierii-dElp111 wic ening oil F01. ntain Hills Blvd. will require a major future project, is ct, rrently urift. rided, at a cll rrently t. rispecified futt, re cionsirucition year, aric is anticipated Ila lie oullsic a tail 11 a CIL nlElni 5 -yeah CIR. AI design slut y for this ft. 11 ft, IL rEI wic ening is inCIIL ded in 111 e flow ri's b1. c get.] AS with oil Eir standard Federal Aid projects, AD0111 will t id and contract this project, aric will inspect its cionsinuction, will Town Sliaff acting as 111 a local liaison/partner. It is currently anllicipated it all t1' is clroject will be under construction 11 is aiming st, rrimien - next spring. Risk Arialysis (ocliiciris on aliernaiives with irriplicialions): 111is cioriiracit arriendment clravides fon llEl iricireaaec Federal Alic funding lion t1' is clroject (totalling 94.31/a of 11 a projecit's ciarisiruction costs;. Fiscal Impact ilinitial and ongoing costs; bucget status): The Town's project costs, pen tae IGAI, will to $43,338. (Any adc itional bic coslls, o%er 111 a commlitllElc Fedenal-Aid funding, wol. 1'd also be 11`0 Town's responsibility, but wot, Id require ac ditional autl orization.) Following the construction and warranty cleriod of this projecit, '11 e Town will cionlinue to remain nesclonsiblEl for it is roac way. Budget Reierence (page number;: 390-391. 11lawn Rnoject N L rriber SIEI053. (IN ole: 1111' a Town's current t L dget 119 295,000 in Capital Rnojeci funding) c oes not HE1111Elcil any reduction CIL a to obtaining this addiiiorial FedElral Pic furic ing, rior for any cloieriiial addiiiorial pro.jscii bid costs.) Funding Source: Capital Projeats Fund I1MLI1irlie FLncS Ltiliaed, lisil hene: N/A Budgeted; ill N ei, attach Budged AdjL stmerit Reirmi: YEia Reccirr mendatieinQs; by Sciard(s) eir Ccimmissioinl1s; : N/A EI11affl Recoimmeridatiein(s): Sltafil recorrirriends approval of Resole lion 2018-24. List Attachment(s): Rrojecit Map; 2-23-18 a-rriail shorn Diane Gillies; RBSIOLUTIOh 3018-24: Amendment No. One; IGAJPA '13-CI001880-1 Aaga 7 oil SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2018-24. Prepared Page 3 of 3 xi. Randv Harrel From: Diane Gillies [DGillies@azdot.govj Sent: Friday, February 23, 2018 2:37 PM To: Randy Harrel Cc: Adam McGuire Subject: JPA 13 -0001686 -Amend 1 -Dist C -Fountain Hills-SZ039 01D_01C-DRAFT Attachments: 13 -0001686 -Amend 1 -Dist C -Fountain Hills-SZ039 01 D_01C-DRAFT.doc; JPA 13-0001686 Dist. E&M Town of Fountain Hills SZ039 01D 01 C.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Attached you will find the above-mentioned JPA. Please review, route to all appropriate personnel for review, including the City's legal counsel, and provide any comments/concerns no later than Friday March 9", 2018. If you will require more time please provide an expected date to have comments returned. Thank you, Diane Gillies / Joint Project Agreement Section Specialist 205 5. 17" Ave, MD 637E Phoenix, AZ 85007 602-712-7344 /.SOOT Infrastructure Delivery and Operations Congdentmillty and Nondlaclesure NoticeThi, email hanSmlasion antl any aUaChmenls are intended for use by the persm(s)Ienllly(les) named above and may comele wnfidenllallprlvlleged Infonnalion Hny unauthodxed use disclosure Or Ostdbulion Ie sInelly prohibilatl If you aig not the intended reclpienL please wN.d the sender by email. and delete or destroy all copies plus allachmente Resolution No. 2018-24 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO PAVING ROADWAY SHOULDERS. WHEREAS, by Resolution 2013-42 the Mayor and Town Council of the Town of Fountain Hills (the "Town") approved an Intergovernmental Agreement with the State of Arizona (the "State") relating to the construction and paving of shoulders along Fountain Hills Boulevard from Segundo Drive to Pinto Drive (the "Agreement"); and WHEREAS, the Town and the State desire to amend the Agreement to revise the project costs; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment No. One to Intergovernmental Agreement (the "Amendment"), attached hereto as F,xhihit A _ 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 Fountain Hills, Maricopa County, Arizona, this 17th day of April, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Dickinson Wright PLLC, Town Attorneys EXHIBIT A A MENIIMDNTI Na . a NE TO IT TER G OVERNMENTAL AGREEMENT PHOENIX 11018-1 471797%2 ADOIT File No.: ICA: 13-0001(186-1 AmeindrrUnt No. Onci: 18-000(1757-1 AG Coni rola No.: F (101201130023FIE Project Uaciatiani)Name: Hountairi Hills Blvd between Slegundo Or & F into Or Type oil Wank: PavEi SlhouldEirsi Federal. -aid No.: CMAQI-F11H-0(208)8 ADOIT Plnoject No.: SZ039 01111/01C TIP/ NTIP1 No.: F11H 14 -.102 CFDA No.: 30.210E -Highway Planning and Comitnucition Budget flource Item Nci.: N/A AMENDMENT NO. ONE 'DCI INTERUM1111NMHNTAL AGREEMHNII BETWEEN 11H H STATI] C F A RI1ZC N A AN11 11HE110WN CHFCUNTAIN HILUS1 11HIS AMENDMENT NO. GINE to INTERGOVERNMENTAL AG RHEMENT (the "AmElndmElnt No. One"), is ani Bred ir.ii a this date punsuant 1 a A rizona Rev isied 9 atutesi flfl 1111-951 it rough 1111-954, as amEirided, t etvveeri the S11A11E C F AR IZO NA, aching by and through its DHPA Rl'DMEN1 C F 'DRAIN SPC RTATIC N (the "State") and thEi Towne, ad i ng by and thraugh its N A YC Rl and 'HOWN (IC U N CIL (the "'Dawn"'. The 1lovvn and Sltai El arEi callEictiv ely refenned 1 a ase tf El "Parties." WHEREAS, II El INTERGOUHRINMEN TAL AGRIHEMENT, IGA/ JHA 12-1-0001(86-1, A.G. Contract No. F1001 3013 CI(1]386, wase EI}VecutEid orl 9EITItEimben 26th, 2013, (thEi "Criginal Agreement"); WHEREAS, the Sltal a isi Eirr powened I y A riaona RlevisEid SWMEis § 38-4011 to EintEir into this AmEiridm Brit N a. One and has delegail ed to the uridEirsiigned tr El authority to execute this Ameridm Brit N a. One on behalil all tr El State; WHEREAS, the 'Dawn isi Eirr, Flawened b y A riaona RlevisEid StatutE19 § 918-57] to E[ntEin into this AmEiridm Eirit N o. One and has t y nesialutian, a copy of which is attachEid and made a pant of, nesialvEid I a EiritEir into this Am E1nidm Eirit No. One and has auithoriaecl thEi unclEmsiigned to execs to I I isl AmEiridm Brit N o. One on behalil all tl�. a Town; and NOIW THEREFCME, in cons idenaition of WEI mutual termsi expreSsMd herein, the purpose of thhi A miendmeint No. One is to revisie Project cost& THe Plartiesi desire to amend the Olriginal Agreement, as followsi: 1. RECITAUl Paige 2 IGA 13-00(1116864 AmendmEint No. CnEI: 18-0(1(16757-1 Section 1, Par agraph 'A. is i civisied, as Iollowsi: 1. Thea fedenal fu nd: will bei L sed fon the caristnL ction of the ArojEict, including the condi rud ion Eirigineening and aidrr inistraition cosi (CE). V. Ei Eistimated Projed costs airEi acs follows: SZ039 0111 (Ilroject Development Administration (ADA) casitsl'): 'lawn llund-9 @ 1100% 91 11(1,000.00 Subtotal — Scoping/h1 eMgn 10,00(1.00 SZ1183 01C (construction - Federal -aid funds @ X14.3% 31 5 _` 1,5 38.00 'Ilawn':i rr ail ch Ca E.7% $ 33.338.(10 Subtotal — Constructf on" $I 584,876.00 Estimated TOTAL Aroject (lost $I 594,876.00 Summiairyl: 'Dotal Estimated Tlawm Funds $I 43,,338.0(1 'Dotal Fedcral Funds $I 5511,538.00 * (Ammenly known as PnojEict Management 81 Lleaign Review (PM11R); (Inc]L dEis 115 oio CE (this pencentagEi is !iL bject to cit XIE1e, any ct ariflEi will nequine concL HEinoE1 from the 'Dawn) acrid 5% Pnoject contingen(1ies) 'Dt Ei Partied aicknawledge that tt Ei final Pnajecit costs mai{ EINCEIEld the initial Eistimate(s) Shawn above, and in suet cage, the'lawn i!i reglansiblEi far, and aignEie: to pay, any and all, actL al cost;i EiNceEidir.ig 1 t Ei initial es 1 irr ail El. If 111 Ei final bid am aL nt is les:i than the initial estirr ate, tt Ei dillferEmce between the final L id amour.il acrid the initial estimate will t Ei de-abligaitecl or alt Eirwise releaised from the Projed.'DhEi Town a ciknawlE1d0a!i ii rem gins respansiblEi far, and oigree; to pay acconcling to the teams of this AElrEiEim ent, any and all actual cosi s exceedirifl thEi finial bid amount. II. SCOPE OIA WORK Section II, Aaragraiph 1. d. isi revised,, as follows: 1. The StA Ei will: el. AftEir campleticm of de�iign and pnion la bid advertisemEir.ii, ir1uaicE1 thE1'flown fon 1170 actual ALTA costs, ani aipplical le, and thEi'Dawn'�i shoirEi of thEi Pnaject construction costs, a;itimatEicl at $33,338.00. A ftlen i t Ei PnajEict costa fon con!itruction airEi finaliZEid, the SltatEi Will Eiithen irivaicE1 an rEiimbunse the'lawn for the diffenencEi between esi iMA Eld acrid actual cosi s. Page 3 Seutian 11, Aanagraph 2. e. i si revisifid, asi follows: 1. The Hawn will: ]GA 13-00168(-1 Amendment No. Crier. 1EI-4(106757-1 El. Afiler ciomplEilion of deli€Irl, within 30 days of reciEiipt of an ir.ivaicie from the Stales ar.id prior to bid advertisement, pay to thEi Stal E1, any outs i aridirid PDA cio:its and thEi 'llown'si sl- arEi of the Praject aarisitrL citian coso, em imial ed al 1133,338.04. Be rEisporisit le for and pay the differEiriae I etwEieiri thEi esitimial ed and aal L a] comil ructions aostsi of th El ArojEicit, within 34 daysi of rEiaeipt of an invoice. III. MISCHLLAII EOUS 11RQVISIONS Section 111, Hanagraphsi 17. and 118. ane added, as follows: 17. The Town aakriawledgEN and will aarnply with Title VI of the Civil Rigis Act Cf 1151( 4. IEl. The AartiEcN sihall comply with the aflpliciatle rEiquirEirrEirlis of Arizona RlEiuisiecl StalLtEIS §35- 2193.(Il . EXCEPT A9 AM EN TIED, ALI 01 FIER tenmsi and conditiarisi of 11- El C ri8inal A grEiemEint will rurnain in full force and effElOt. Aage 4 1GA 13• CIC10168e -1 A miendmient N o. Cries: 18-CIC10675 a-1 THIS AMENDMENT NO. CNH sit Al b(ieome effective upon signing and elating olthe DletEmminaticrn L atten t y the 9tal a's Attanney General. IN AC(ICIR DANCE W 1111H Aniaana Revised 9tatutesi § 11-95 21 (D) attachEid and incarponated in tt isi AMEindmer.il Na. C ne is thea wnittan detenmirialion of each Panty's 1a8a1 ciaunsial that the Aairtiesi arca authoriZEid under the laws of this State to enten into thisi Amiendment No. CrlEi and that the A mandmant Na. C nci is in propen farm. IN WITNESS W1HHR ECF, tt a PantiEisi have e) Eieuted this Amendmcint No. Cna the day and year first above written. TOW N CIH FOUNTAIN H1I1L9 H}{ LINDA M. MVANAIGH N ayan A'1111EST: BEVELYN J. BENDER lawn (11enb STATE CIF AIR 1 ZCINA 11EiFl2irtm Eint of Tmansiponl ati an A, STEVE HGSCHEN, P.E. Dlivisian Diractor ADC T] HilEl Na.: IGA 13-00168C-] AmEiridmEirit No. One: 18-x(106751] A TTORNEY A PIHHCIVAL FCIHM FCIH THH TCIWIN CIF FOUNTAIN HIIIIB I lave rEiviEiwed the abavo rEiforEiriced Am Eiridm Eirit No. One la thEi C ri€linal A grEiEiment bEIM1 ien It El Stats of Arizona, aching Ly and through its I]HPA MIIMHNTl C F IRAN HIPC MAIM, and the'HCWN CH HOUNTIAIN HIL US, ari agreEim Eirit am ari€I public agEincies which, has L can reviEiwEicl pursuant to Ariaaria RlevisEid StZltl tas §§ 11-951 it rough 11-954 aricl declana tf isi Amendment No. C riEi to ba in praper form ar16 within the pawensi and aul l criq €IrantEid to tI O Town unclar the laws of thEi State ofAniaaria. No aflinion isi ElNprEissiacl as to thEi authority of the StatEi to enters ir.il a this Am Eir16M Eiril N a. C ne. I]A'HHI] this day of 20118. 'Hawn AttonrIEly RESOLUTION NO. 201342 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO PAVING DIRT SHOULDERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION I. The Intergovernmental Agreement with the State of Arizona relating to the construction and paving of shoulders along Fountain Hills Boulevard from Segundo Drive to Pinto Drive (the "Agreemenf) is hereby approved in substantially the form 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, September 5, 2013. FOR THE TOWN OF FOUNTAIN HILLS: 1-1674P11111 a. s i REVIEWED BY: Aim Kenneth W. Buchanan, Town Manager xanni�i ATTESTED TO: APP OVED AS TO FORM: f Andrew I. McGuire, Tovvn Attorney ADCIT File No.: IC -Ii 1,1-000168EII-1 AG Corilrzcl Na.: PIOCH 20'130(238E1 Prcljeci: CcirsiructPavel Guilt Stoulc einf Section. Fourilain Hills Blvd Sec endo Drive e Pinto Drive Federal-ald Nci.: FTHA(2t18)S Ali Ii No.: S,Z03EI 010 & 01C TIF/SITUP li FTH'14-102 Budget ScIL rcie Ili Ii li INTERGObIEIRNME NIA1L AGREEMENT BETWIEHN TF E E 1 ATE OF ARIIZON A AN Cl 1 CIW N OF FOU NTP iN HILA S THIS AGREEMENTI is Ertereid inifo this dale Seplemter 2601, 2101'13 purfILaril +Io the Arizona REvisec SllatLi isi §§ 'I'1-gC'I lftougll 11.354, Bis amendeic, betwoori the STATE OF ARIZONA, acting by and ihiiaugt its DEPARTMENT OF TRANSPORTATION ItFa "State") and the TOWN OF FIOUNTAIN HILLS, Coaling ty ane through illi MAYOF arc TOWNCOUNCiL (!he 1owr'). The Stai i aric ilhe Town Elie aollec tiv eily rE fened toss "Paries". I. R EIICGITA Li Tlhe State is errigoweinec ty Aiiaor a Reivisec StEdu'es § 2EI-401 to er ler irita lhis Ac iieemeril and h asi c elle gated to the u nc ensiclried the M th cuety to e) eat ie tI1.is Agueeimenl c r t eih alf of ifi e S tate . 2. The Towr is enipgwerec ty Arizona Revised SlattlEis § c1-24(1 to enter iriilo chis Agrieemerit and has by resoltilon, a cosy cil which is aitlacihed herelo and made a part hereof, reiEellvec to enler intc this Aglneemerit anc hvs authorized the l ndersigneic to exeiciulei ihisi Agree merit ori behalf of the Towr. 3, 11he work pnopclsec uricer ttlisi Agreement carsislts of comitrLciing anc paving ihei shoulcars alorg Fourilain Hills Boulevarc fuarr Seiquncci Drivei 10 Flinilo Crive wish asisciaia'ed sl ins siFlFlroiimael, di: tar ge 2.3 miles, h eireir afller rel enie d to asi the "Prci-eici°_ Th e 'flown h as compleiec anc will flnov is a the design; the Slate will advertisEi, tic anc awEind the cionsilrccllion of the PrUEcl. The plarls, esitimatd; anc sclecificsitions for the Prci`Eicl will tei cpiepaiied Grid, asi recuired, submittec tci the Siaie and Fleiderail Highweq Adminisiralion iIFIHWA) foil is apFpioval. 4. The 1111i iri orcer 10 obialri Sec Bial lurics for thei construatiari of lha Pcojeal, io willing is pravidei Tlow ri ft rids tc malc h federal fd rids iri ihei iialio recic ined c n a: f nally fi) ed Cir d deierminec by tti Ei 11owr aric li iriclucirig �cival corialnualiori erigirieenincl and eicrr iris ria'isn costs QCE), 5. The interest oil lhei Sl iEi in IMis Pru'la i is 1i he acelL isiticiiri cill lecere I fL rds for the use aric beire'il o'I the Tciwn aric lo aLthoriae such Iederal ilurics f(iii the Project FlLrfILani io fecerEil law anc regLlalians. The State f h all be 1 he des ignril ed ageir t fclr th ei To" n. 6. The F airties, she 11 pelrl 011M lh Elia re sponsitilitie si consistein wis h this A greet marit a nc an) ah ancle on moc ificalior to the Project will only oc cu n w ill the mu ival written ccrif enil cif boilh Parties. 7. The feeeral furdsi will to Lsec fcm IhE ecirstrucition of the Projecil, including tte constivilior erigirieeuirg and admirislrllion cas' iiCli The esitimaled Pnc.iecl calls aiie as fcillciws: SZ039 01 C (Const ru C111il Fec eir<Il• aid lurnc s C II94.:1`/*) $ 2155,3(141.00 Town's maloh @ f1.i % $ '15,4:IE1.00 Statei c Esign raview 11ee (S2 0219 0111;' $ I o,Oclel.or:1 Tota l E:stima ted Tovd r Funds $ 2.1,43(1(C1 Tota Federa 1 FL r c si $ 255,304 .(11(11 TOTAL Project Consrtluctior Casts"' 112(ICI,8C0.CICI (Inclu dec iri the Tow ri's 8stimaled Func s) — Illr cluc E sl '190/a C E and 5% PnojEicil cc nl it g enciicisl Ite Parties acNriowlEcge lhad it firial Prajeci aosls may excieec VEi it ilial eisilimaieis) stawn above, and In SLCII case, Rei Town is revplorisitie tor, aric agreies to pay, ariy aric all e%anlual, acdr.E1 cclsls exceecing lhei iritial eslimalE. 111 the final bic amaunl is less lNiri Ite iriilial eislimcite, ltei diffEnerce tetwecri the final tic amourd and the irliiiai esitimate will be de-cbligaled cn otherwise neleaseic fuom the Fl io ec 1. TI1 c Town aakriawlec ges it nemains rEisporisible llou, amid agreas to pay aciconding to th a lerrns al this Aclneemenl, Einy anc all evenkal, actual cos s exceeding the fir ail bid amouril. THEREFORE, in carisidenatian al the mu 1 ual aclneemenl s exF neslsec he i ain, I'1 is aic reec ausi llolloa s: It. SCOPE OF WORK 'I. The Slarle will: a. Ucari e)Eculion oil this AgneEimer1, to tte designaled agerit far the Towr, ill t1 EI Pnojecl isi appri ed tyl FI -WA anc funids ilor lte Puojecl acne avaiilaitle. b. Ugon e)ectbori of ltlis Agneemeril, and giiian to pedonrriirc or authari2ircl ary work, imaicci the Towr lou the Statile'; cesign neviEiw fEIE, cunrarilly Eisilimaled al $10,00CLOCI Once the Flnoject ccsN have been flrialiaec, the Stalle will eitter invoice or reimburse the Towri far tale diffeiienae tetweeri esitimaiec anc Eiatuail cEsiclri reviews and ciorisitrluclion costs. a. UFIon receipt of the Slate's c eisidn neviewi fee, rer iew tt ei desicln pllanci, s riecillicatior s anc olhen SLah c oclL meriisl alnc Fpio%ice varei ides nequirEd fcin tte ccinsila crtlarn bidc ing anc aonstrucition ac minus Talion of the Prgjecl acrd plrovide ccimmerils to the Towri ass appraKpiiala. d. Ii c cimFlleliciri of desiicln aric plriorr to tic adr eul isemeril, iriveice the Tow ri for She Tovrn'si s h arE of the PnoJeal cc nstri. ction cc sis, cia rrenitly est imvtec ai $1!,430.00. Orice I he PrajE of cclsl s h ave beien IlinialiaiEd, the Slla'E will either irvoice or neimtursei tte 'flown fcin tte diftEienae betwElen Eistimaiiec acrid acilual ccsts. e. Submit all cocu mentaliori raci inec to FHWA cioniainind the abcve-menlianec Pnojecit with THE recommencaliar Thal funding be Eiplpravec fou ccirisiruation. Recluesl ilhe maximum procra mmec fEcerall fu nc s fon tt E construction al Vis Project_ U por A ul lrorizaiticlrl, piiciceE c la vc verti',IE lou and Eir lEln inta cronlracltlls' with ttE aonsultaritlls; 11or the cesicri gird F1asl cesigri ofihe Pno;ecit. f. Upon reciipi of the lawn's es timai ed s l ie of tel ei Pnoject carisiru atic ri ciosis , su t rriii ali ccimmerilalion reci irsc to FH%AA ulih the racommeindalion that lurcirsg be aclptoeed far ccriOrLiotion Regi the marximurn t~piogrammec fedenail Ilunds for ttei cionsilrWion all Ii Prcljeict Shciulo coEit; Eixu ed I he ma> imum Iledei al funds z vailablEi, it is u rids ns ood aria agmed that Iheii Tcwn mill t a iesflonsiit to for arty ovemagei. gl. Upon autt &zzilion by FH WA anc with the aic zinc cion: en l cit V a Town anis the Ii rlrocieec to ac ve rtise for, recieivei anc oven tics, su bjecii tci it h e aoniciurnencei c i tli Ei FF WA anc the lllcwrs to whc m thea aiwancl i<i mzsc e, anc eriter it to a cior trzictils; with a firm ls) fort the ccirsiru atfon of ilhe Project. h. Bell gianled, withaul cost recuinemenis, the Jghi to enter clown right-olli aisi rieclr.inec to conduct any anc all cansiructien anc prei-carstricition relzilec activiilieis for sack Pnoject, iriclluc irig wilhoui limitaiicin, temperary ccirisirtation eas ii hits or lemgarair)I tights -call -Entry on to €rd o%er Eiaid rigllls•of- way c f th e Tciwr i. i, Nciilify tits Tci%n Tutt the Project tris been acimplleted acrd is carsideted acicierllatle, cacirc iriaiting milli ttl a Town as aiplprapriale: to k in river fu 11 respor sil itity of the Ptojecit impino%emenils. Cle- obligate oii oltierrvvise release aHyl rEirTziring feceinal luncs fiiom the cansiruatian phase of the PaoJecit within ninety (90) day s of f inal aacieptancei. j. plat be obligal ec to maintain saic Pnoject, should tt a Town hail to bi c c et or p ici is ei ilor pre per anc pleinpeitc ail mainienarice a;i sleit forth it this pgreremerl. 'I. The Tov, n will: z Upcn e)eculiori of this Agreeimeirit, cesignvite the Stale as au horizied aged fan Iflei Town. t. L pon e> ecu tion oil this Agneemerrl, pnic r to rlarfunmirig or au 1 hat izircl z riy work arc w ith iri thirty 130; days ctl raceict cid an invoicie ilrom the StMe, reimiil tci ttEs State the Si2te's design iieekiw fee, curnenily estimalec ait s'lo,cico.ao. Be iiarioni.iii i for any c fference between the estimated snid actual cesicln aevi(m and corisitnucilior costa. ci. Prepare anc provide to tfle Sl ie iflu c iigr plans, spercifiaalions anc other sucrh cacumairIs and services iiequ iced Icor eorisiruction bide iricl arie corisili itloni of the Filrojecit anc irairporatE ccrr mesrIts ircirri the State as aflpiol iatEi. c. Eriier into asn aclteemenl with the ceisiign ciorsullani wtiah stales t1i 11i cesiclr consultanl shall provides praleisisiciiral past -design servicEis as nequired and nequesled lhiougflcrut anc uplon complaliori of 1fle conslrt.clian phases cif tl°ei Prajecci. e. Upor eiarripileticiri oil c esign, w`Ifl in It irty J:ICp c ay,l oll reiciip) oil a n innolcei fiiom the Staie aiiriid glrioii to tid edverisemenl, rsimil to t1lE Stali ttE Tlowri'si PrcjErci ciomitruclion costs, ciurreintly Eisiimzileic al $1,1,43E.M. Oncie the Projeat ccsl i t'avei teed firializeic, the Stale will either irvoicie or neimturse the llowri for th e c ifferarice be Ii en a sl imail is arid a Cl a al CM 1, . Ii ®lei ne=tponsltle fan all cases inciurned in peirfaimiriig anc aiccarr plisshir c till Ei work as set forth unser 1hit, s AglreEirt, riot cio�erec by federal furring. Shaulc tests to deerrec inaliclit lei on excecic the maximum federzil Writs avzilzitlei, i is ursders'lcod ant acpreed t12t the Town iEs nesplanuitlei Ilor Theses costs, aric pzymeri icor ttesEi ccisits shall bel made wi hirs Thirty 134; days cif receipt oil zir imaice from the State. g. Hai citlicaled to iriciur ary expeirc une shams urifcitsecesen ccsrditicrs or 6icurrstanciEs incnease the cost of saiic work required by a charige in the exteril oll scope of the worst requested by the Town. Su& ranges require Ii price agplrovai of the Stzsfe End l WP. Be ressipersiblEi fcm any ccirittlatilor claims for accitiorait cicmpensaticin ciauved by Prcjecd ciEili attiituilable to the Tawrr, FlaymEirsl fan these crista slt all t e mac Ei w ilhin 11 y 1130; c z ys of isecE iplt of ars im nice from it Ei State. t. C ertiN thait all rieue ssiary rights-oii have beeiri or will t e acquit d pricii to ac v ertiserr ein'1 for bic and alsci certify °that all obsitiiuclioriis or unailtarzec Ericioactatfrits of whalevem nalurei, either atovei or below the surfaciE o!I the PIrojecit areilei, shall li nemoved prom the prcclosEc richt-cl y, or will to reimcivEsd pniar 10 IhEi start cd aoristruciion, in acccindaricie with The Uniform FeilocEliori Assistaince aric Real Pioli Acclu isil ion Policiles Aat of 1 GI70 as amender: 49 CIFR 24.102 Basic A cqc isiitiari Policios; 491 CHR 24.4 Assuiancies, Moniloririq and Correiclive Action, parts {as; & Qbi and ADOT FICW MarlLal: 8,Cl2 Resplonlsitilitiesl, 8.03 F16me Alurictions, 9.07 Monitarling PiocEss and 9.CI8 Certificialion oil Compliance, Cooiidinalle witti the vrpinophatel tale'; Ricltl-oil-Weiy plerscnnel during any right-cf-way Fpiocess pe ri ormeic t y tt a ToA n, if E pplicat ler. i. Nol paumil an allaw ary ErcrcactmEirits upar or privalie use cif Iliei rigtl-cdl-way, except those alull iaec ty pearni in the evenl of ainy uriaaitorizew encioachmeni or improper use, thei Tciwn shall take all riece sveiry oteipsi tci reimcive or prevenl any 'IL cfl eniuroact mend or usE1. j. Grariil (he Stale, its a9lenls and/en cionleacdors, wiihod aosi, Ihe riclht to enter Tawri riclhtsi-oil- way, as rec11uired, to corduci anN and all ccinsirtctiori and preconslruciicni reitaied adkiliesi, incicding wilhor I lire ilalion, iempclrary ec risllructiclr eiaseirr erilsi ae t> imclors ry ricltts-oil-erilry to acccimpllish arricng other lhings, ,ciil anc llourication imesligaliori i. k. Upclri corril itiori cf the consitirdclion of the Pnojecit, provide ari elecilranic version cif 'Ihe as - 1 ii ill p lags lo Ariaona Deigartmeml oil Tiiansportalion Sllatewide Pnoj®c t Manademerit Secliori. I. !.iron nolificarlicri of li ccirripleitior, from the Stale, agrees to accept, maintaliri anc asisumEi full resplcinisit ililly of the Prsojeci iri v%irilirig. Ill. MISC I;LLi ANF CIUS PRO%J1,5IQNS 1. The IEirms, corditicrs and piio%isions of !hist Aclneemeril shall reimaiir it full kiiicci anc effecil unlit cicmpllellicin of staid Project, inicilucing relaii deli aric/cis neimtursemenls. Any prcvisians 11or mainlerErii of it i Pnojecit :shall be peirpelual by Ilhe Tai Furthei, this Aclneemeni may to caricellec ail any time Ji acverbaemanrl of illi Project corsitruclion coriiracil, upor thirty (120; days wrillen roilice tci the a&leiir Part), It is tricersiiocid arse agreicid 1hal, In lhes event the Towin iermimilesi this Agreeimeni, Iii State shall in rio wary to otliclateid lo maintain said Projeicd. Tte Town will bd respcirisible foo Eill costs tp Ito the lime of telrrririaticn. If the fuceral iluncing retailed to this Projeeil is teirminalled on recucec bl ihE fedesnal govennn i, on if C c riga eiss i Eisc iritis, Jails tci rcriew, c n atterwise sseducses app c rtionni on otliglailicir auihoiiiy, Ihe State shall in na way to obligated for iluncing or liable for any plod, ctrreril ors iluiures erperse i t rider dhis Agpesmeril. .1 The Stale asstri i no ftnariaial obligarlion oii !utility ander this Acreclmeirl, or iloii any resulting cionstiucilioni Project. The Towri, in regarc Io She Tciwn's relatlarsliipl wittl the State onily, assumes full respori ilily ilor this ce:siclri, plars, sipecificaitians, nepartsi, the einigineering In conneclior iteiiewilh aric the cionsitrucrion of IN imprcivemerils cionlempllateic, cosi oveii-runs aric cersitrucCon cilairrssi. It is t riderslooc anc acpeec thalt the Spate's plariicii ion is aonilinec scilEily io securirg federal aic on bdhalf oil 1 he Towne anc tt Ei fulfillment of any o1 her resporisit iliiies of the Stele as speaificlally sel forth h anein; ihal ary camages arising prom carrying aul, in any nest i, thEi Ierrrisi of this Agreicin i or any rrsocificaticr ihEiiieoll slhall bei the liatiliiy cif tree Towri and Thal to the extent permittee by Iavti, We Town hesiseby aclnees to saive E rid hcilc hay mlesls, cone rid aric inidemnify ilram loses Re Stale, any oll its c eiplartrrients, acpricieisi, cif: iters or emp 1c ye E s ilrcim aril and Fill costsi arse /oil damage ince nred by any of the at c ve anc from any ciilh e n da mage to any pe nsan or prc perty v, hail soEsv er, which is ca used t y any acitiv liy , ciondif ion, misneclneseirtatior, cisuectives, irislructiori or eversl arisiirig out of the performance or noni-perfclrrriaiince of arty pravis iars of this Agsseemeinll by 1he Sla'le, any of its cepartments, agencsies, cifficensi Eirid eirripicyees, an ills int a plenc art coritra alciris, She Town, airiy call its ager t`, eifficiersi anc eimpliciysics, or its it c eperideni ciontraclors. Clods iriciuried by tliei Sl ile> any oil ils cepartmerils, agercies, cifibcers or eimpllayfus shall inciluc a it the evert of ririy aclior , eIoc rt c asils, erd eikperises of liligal ion anc attorneys" feieis. The casl oil corisirucitic ri anc corisiti uclion Eir gineeririg we r l4 u ridesi this A grEie mE nil is lo t e coverer by ttlu flede Pial 1lurids seri asic a for th is Pro,jecl, uli maximum aiva ilait le, 4. The Town aciknowiledcles Thai thel eveinttal aoLal closls may exceec the maiximLm availablei amou r i of federz I fu ndsi, or iN1 certain coctc may not be accepter by th ei fedei al gcvernrricrit as elk iblE far IE c eral ft rads. Theo efare, I he Tawri agrereis to fL nnish ar c pi avic e th e c iffeirence t etween acitL al ciosts oil 11 a PrcijE ai a r d it a lb( eiral iluri c s cec aivec . 5. TH Ei cos 1 oil 1a Prciijecl L nde r INE Alcl ieieman, inciluc eis indiricit cion t~ approv ec by tile Federal Highvw y Ac rrinishimiciri (FHWA), ill appliuit lei. EI. Ttl Ei Parties warrant ccirripliariae with the Flederal Furic it g Accounlat ilityanc Tnar spanency Aat olll 21a06 anc asiscuciialed 200E1 Amcridmenls Ithe "Acct"). Acciiioreilly, in ai limuly mannei, thea Tavvn will ppiovice iriloirration that is negLesied ty the Siale io enable thea Stale to comply snilh the requinemenls o1 Ihei Acl, as may to applicsitle 7. This Agruirrcrtsihall teccmc eifeclivEi Lpori skiniing aric caling 09 rte Deteirrrinaiion tleiller ty R u Statei's Attanney General, 8. Th is Ag ieeimer I may be czricellec in accorc ancei with Aniaona Flavised Stalutes § 38-EI'I'1. 9. 1c Ihei extEin t ap plicable unc ern IE %, I he prov isioris gel Ilorth in A6210na FIE visiad StatL teisi §§ 35-214 anc 31,1-215 shall apply la Ihis Agree rnEirt. "0. This Aclneemaril is subject to all applliciablei provisionis al the AmEuiicaris vritt Disabilities Aat (Publics Law '(11-3.IEI, 42 L.&CI. '2'1(11-1.32113) and all applicatie lledeinal regulalian<.i uncEir the AIC, inclLcing 28 CIFIFI Parts 35 and 36. 111Fe Partieis to Ihis Agreeimarit shall aomply with Executive Orcer Nrmteiii 20C19 -CE issued by thei Goveiinon of IME State cit Ariaonia aeric iricorporaitEc hereiri ty nefEmence riclalrc it q ' Nori• Disiariminail ion". 1 Nor-Avakitilily of Furics: Every obligation ci ttei Stade undEn Ihisi AgreeirriEiril is aoricitioried tporii the availability of fords aplprapriailed of allocalec for the ilulfillmenl of sLch otliclationsi. Ill ftrdsi Ene riot allocated gird available fan the conlinuance at tHis Aclre(Miril, Ihis Agneemeni may be lenmiria'led ty Rei Steele a1 the enc of the plerioc llor wHicih the fund: are available. No liability shall accinut to the Stale in IhE event thisi provision is e)ercisec, and tte Stale shall viol be obligaiec or liable lloii any iblurei payments a: ai resiull ole tEinminatiari L rider 1 his pairagragh. 121. in the evEirit of arty conlrovarsy, which rrieiy arise oul oil Ihis Agieemeril, the Parties llemelo aigreei to abide by re quirac art itia tior ars is set fare h 11or pu blia w orlis aor Iraots in A rizania Rev isiec Slalules § '1.1- A, 8. 13 Thei Partiesi sihall comply wilh tilei aclplliciable rigLiremerilc o11 Arizona Flleivisac Statute § 41-44011.. 14. Ther Parties hereto shall comply with till EiplplliaatIc laws, rules, ileigulaiions acrd ordinances, a: may t e a menidec . 151. All riatices ou c eimarids upas any Peiry to thisi Acceemenl sihaill be in %ritirig amid sHGdl be deliveric it pe isori an senil ty mail, adc iiessied as'Iollows: Arizona Deplartrriurit of Trans iplortalicini Town oil FounUlln Hills Joinil Puajecl Ac minisilraticiri `IER05 E AveniiEI ai Rei FoLritairis 2105 S. "lj1hAverILe, Mail Cropl63rW Fou riUiiri F"lilNi, Arizonas EJa68 Ph aania , Arizona Elf 007 Phones Is a. (-e CI8) E' 6-91100 16021; 7" 2-1" 2' Fax No. 11408; 837-31'9 (60;', 7' 2-3" 311 FaH For Town Finiairicual (Vlattcr: • L he A GhEill i • ghetti@fh.az.gov 16. In accordance with Arizona Revised Statutes § 11-952(D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF FOUNTAIN HILLS ByS� II DA .1 VANAGH Mayor ATTEST' ONES, MOMMI/Em Augustl° 201" STATE OF ARIZONA Department of Transportation By LAS HAMMIT, P.E. Senior Deputy State Engineer, Development Page 8 IGAIJPA 13-0001686-1 IGAIJPA 13-0001686-1 ATTORNEY APPROVAL FORM FOR THE TOWN OF FOUNTAIN HILLS I have reviewed the above -referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF FOUNTAIN HILLS, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this S-"' day of ,m 2013. 3AP,, - Town Attorney � ayer c�rve4r i f •�'INnoNN C SUSAN E. DANS THOMAS C. HORNE OFFICE OF THE ATTORNEY GENERAL A6515TANTATTORNEAL DIRELYLINE602.54202542 CQV ATTORNEY GENERAL TRANSPORTATION SECTION E-MAIL 6USAN.MVIS�a>q-C..0= INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P0012013002386 (IGA/JPA 13-0001686-I), an Agreement between public agencies, i.e., The State of Arizona and Town of Fountain Hills, has been reviewed pursuant to A.R.S. §§ 11-952, as amended, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATED: September 26, 2013 THOMAS C. HORNE Attorney General SUSAN E. DAVIS Assistant Attorney General Transportation Section SEDA #3556M6 Attachment 7275 Watt Washington, Phenria, Rn. . nOO7-1926 . Ph. 601-5#2-7680 . Fu 602 -542-3646 CAIN li TOWN OF FOUNTAIN DILLS _ TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 4/17/2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact information: Rachael Goodwin, Community Services Director, 480-816-5135 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF NAMING the eastern most area of the Avenue of the Fountains Plaza, adjacent to Saguaro Blvd., Sharon Morgan Plaza Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Avenue of the Fountains Related Ordinance, Policy or Guiding Principle: Town of Fountain Hills Municipal Sponsorships and Naming Rights Policy Staff Summary (background): Sharon Morgan came to Fountain Hills in 1989 and quickly became involved in the community by helping found the first Welcome Wagon Club and served as the club's first president. Sharon was elected as the first female mayor of the Town of Fountain Hills in 1998 and served a total of four years with her re-election in 2000. Through her work with the Chamber of Commerce over the past 29 years, Sharon, with the Chamber, has grown the Fountain Festival and the Great Fair into renowned events which have 500+ artists per show. The events draw thousands of visitors to our community annually. Sharon's contributions reach beyond our well-known art fairs. During her time as Mayor, she championed many initiatives including the preservation of the McDowell Mountains and the development of the municipal complex now known as Cutilto Plaza, which includes Town Hall, the Community Center and Library facilities. Sharon has served on numerous boards and organizations including Sister Cities where she served as president and spearheaded the partnership between four of our current sister cities. In honor of her service and dedication to the Town of Fountain Hills, a recommendation has been made to rename a portion of the Avenue of the Fountains Plaza to Sharon Morgan Plaza. Under the Town's Naming Rights Policy section of the Municipal Sponsorship and Naming Rights Policy Section 1.9.D., the naming of Facilities or Streets, whether the person is alive or deceased, is permitted if an individual has made a donation of .... services to the Town equal to half of the cost of the facility. The document calls this "Permanent Naming". Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $1,000- Commemorative plaque, other signage or recognition, and installation. Page 1 of 2 Budget Reference (page number): Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: No Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): Location map SUGGESTED MOTION (for council use): Move to approve NAMING the eastern most area of the Avenue of the Fountains Plaza, adjacent to Saguaro Blvd., Sharon Morgan Plaza Prepared by: Director's Appro Rachael Goodwin, om nity Services Director 4/4/2018 App":: Grady .Miller, Town a ger 4/4/2018 Page 2 of 2 Avenue of the Fountains PLAZA "B' Sharon Morgan Plaza WATER FEATURE PLAZA "A" MCNIC AREA - SEWALLS FEATURES -' ME IMIRI E - ONE RACK - Z SID. 1 Avenue Plaa.iPg - 7 SNAG I TRAM RECEPTACLE $ �IE - I AC[ESLBIE 1 T3Pefl - I SID. TAH - I NOR AFEEPTpE $pe33?MB TOWN CLOCK PICNIC AREA - I wmNo SEAT TABU: - s sen. TABLE - SEAT WALLS to -' Bim �nnro,zr�o "N1UHE' - I ACCESOBLERECEPTACLE TABLE • I BEATING CETT CLE PET WATER FEATURE I IAA91 REEFPTANCH WATER FEATURE - I IAA- I OWE RACK T WASTE - i BENCH '9P N S°lASN' - I AIME RACK SiA➢GN RENCN "FUTURE" V AVENUE OF TI ,-fes _ __/-v V I V �3 I .VI pN ' FOUNTAINS AVENUE OF THE FOUNTAINS � EAST MEDIAN �TOWN OF FOUNTAIN HILLS Z TOWN COUNCIL ~ � AGENDA ACTION FORM fb'8 t r S 0 Meeting Date: 4117/2018 Agenda Type: Regular Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Grace Guetter Marketing & Communications Coordinator gguetter@fh.az.gov 480-816-5165 REQUEST TO COUNCIL (Agenda Language): CONSIDLRA"PION OF approving a GRANT APPLICATION REQUEST to apply for the Prop 202 Fort McDowell Yavapai Nation Grant Award ($10,000.00) and for the Prop 202 Salt River Pima Indian Community Grant Award($45,000.00) . Applicant: N/A Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Tourism Division has successfully applied for and in past years has been granted funding from the Prop 202 and 302 grant funds. The Tourism Division is seeking approval to continue applying for funding through these grant opportunities. Staff is requesting permission to apply for these grants in order to supplement our marketing strategy for FY 18/19 calling for larger and longer advertising campaigns to be run and marketed. If awarded, the monies would be used for the purchase of advertisements in the Waste Management Open, during the spring training season and digital retargeting advertising campaigns. Risk Analysis (options or alternatives with implications): Denial of the opportunity to apply for these grants would severely limit the Tourism Division's ability to purchase or pursue marketing initiatives or opportunities that would otherwise showcase the Town of Fountain Hills as a Destination Marketing Organization and destination. It would also jeopardize the status of comtinuing successful marketing strategies used in the past that could no longer be funded. Fiscal Impact (initial and ongoing costs; budget status): Increase in budget revenue Budget Reference (page number): 300 Funding Source: Grant Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Grant Priority Templates for AOT, Salt River Pima Indian Community and Fort McDowell Yavapai Nation. Page 1 of 2 Prepared brace by. o mm an- aAkt uener,mmunumoon�s A arTtlng Coordinator 3/272018 Page 2 of 2 TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION 'Please provide the following information and return signed originals to the office of the Town Clerk as well as all supporting documentation for the funding proposal attached. Under Arizona Revised State Statute § 5-601-02, Proposition 202 funds may be solicited by cities, touvu, and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts ofgaming, and (iii) promotion ofcommerce and economic development. NOTE: The Town will only accept and process applications for town -based non-profit organizations (Qualified Entities). The decision to process the applicant's proposal shall be made by the Town Manager, or his designee, and is subject to the following criteria: SUBMISSION REQUIREMENTS: Please refer to the attached copy of Fountain Hills' Policy and Procedures for Proposition 202 Funding, Article 1 — General Policies, for complete details. 1. If, in any given quarter, the Town submits a proposal for Proposition 202 funds, the Town will not process proposals from "Qualified Entities" for that particular quarter if the applicant is requesting funds from the same tribe as the Town. "Qualified Entities" may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 2. Where multiple "Qualified Entities" have submitted proposals for Proposition 202 funds for the same quarter and from the same tribe, the proposals shall be processed in accordance with the follow schedule of preferred fund uses: A. Public safety; B. Mitigation of impact ofgaming (i.e. education, social services and healthcare); C. Promotion ofcommerce and economic development (i.e. transportation and tourism). 3. All costs incurred by the Town in connection with (i) the administration of a proposal submission and (ii) distribution of Proposition 202 funds shall be subtracted from the total amount of Proposition 202 funds awarded if any, to the Town on behalf of the "Qualified Entity". Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (ii) auditing fees and (iii) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Proposition 202 funds to the "Qualified Entity". 4. Distribution of Proposition Funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. 5. Any "Qualified Entity/' receiving Proposition 202 funds shall submit to the Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed, a final and complete report detailing how the funds were spent. 6. The Town Council may modify the Town's Proposition 202 Funding policy at any time. 7. Deadline to apply: All applications shall be submitted to the office of the Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the respective tribes for that particular quarter. 8. Important note: Incomplete proposals will not be accepted. \\VENUS\ Drive\_Depts\CommSomicesUtacbael & Gare -Toudam\Grein ApplicatimMatt River Pitres Gomt\ 18 - 19\PmP_202_Funding_Application-S"MICFYl8-1vdm 5/1/07 Pagel o0 TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION TITLE OF REQUEST: Public Safety ❑ Mitigation of impactofgamin ® Promotion ofcommerce and economic development ❑ SECTION #1 Include the names of all officers and/or corporate directors directly related Provide a general organization to, or associated with, the proposed administration of the Proposition. 202 description including its funds. corporate and organizational Town of Fountain I -fills. structure. (Use an additional sheet If necessary) SECTION #2 - Prancay Contact Crn'ace Rodman-Guetter uetter(iial)t.az.gcv 480-816-5165 Qualified Entities' Name: Town of Fountain Hills Organization Name: 16705 E. Avenue oldie Fountains -Fountain Hills, AZ 85268 Address: Phone: 480-S16-5100 Fax: E-mail too] ism(ip th.az Dov Other relevant information: (Use an additional sheet If necessary) SECTION #3 YES ® NO ❑ Has your organization If yes, please provide the name of the Indian Nation the application was submitted to, the submitted a previous date of submission, and identify the category ofthe funding request: proposal for funds? FUNDING CATAGORIES: Public Safety ❑ Mitigation of impact of gaming Promotion of commerce and economic development ❑ SECTION #4 List contact Information for Angcta Salazar-Willeford the Indian Nation that your attach proposal is to be SRPMIC- httergovcnimental Project Manager submitted to and the date their Fiscal Quarter ends: angelawifieford( stpmic-nengov For the quarter ending: \\VETIUS\ZDrive\m DeptaComServicr,V lael@Gmee-Twrism\Grent A"Iwatimu\SahRiverPimaGrumpy 18- 19\Prop_202_FmAF_Application-SRPMIC FYI 8-I9doc 5/1/07 Page 2 of PROPOSITION 202 FUNDING APPLICATION SECTION #5 Provide the bolter amount being requested. Attach a detailed budget. Provide all supporting documentation demonstrating this funding request's relationship to the proposed use. SECTION #6 PREFERRED FUND USES: Describe in detail the Public Safety ❑ manner in which the current Mitigation of impact of gaming 0 proposal for Proposition 202 Promotion of commerce and economic development ❑ funds will be used and lire Town of Fountain Hills is submitting this letter of interest to the Identify the category of the Salt River Pinna - Maticolm Indian Community for financial Support funding request: through the Prop 202 funds. We are requesting the sum of Include a statement of how S45.000.00 to be used as promotion and advocating of tourism the proposed use of the lime, mors and advertisements. funds meets one or more of the preferred fund uses. (Use an additional sheet it necessary) SECTION #7 Attach all supporting documentation, which demonstrates that the amount requested Is directly related to the use proposed. Please be advised that 9 the tribe requests Information not specifically required, the proposals must also Include that information. APPLICANT'S SIGNATURE: FOR USE BYSTAFF. Date proposal received: ASSIGNED PROPOSAL #202 - Amount requested by the organization: % Less the Town of Fountain Hills' Administrative Fee 5% of the amount: $ Plus legal fees: $ $ Amount to be dispersed to the organization: $ ❑ Approved for Council submission Town Manager(or "Dwigme') Signagure ❑ Denied for Commit submission Date Town Manager (or"Designee") Signagam Instructions. To be placed on the click iwmm aucc rcn., 20 Town Council meeting agenda for Council consideration. \\VENUSZ Dnve\_Depts\CommServi..\ acbael & Grece - Tourism\Grum Applicmions\Salt Rive Pima GomnFY 18 - I9\Pmp_202_Funding_Application - SRPMIC FY 18 - 19.doePage 3 of 9 5,100 HRCPICSITICN 102 FIUNLING AHHLICATION FINA L REPO HT C F PRC PIOSITIC N 202 FUNDING July 1, 2111119 through Jlulne 30, 2111)10 The fallawingl infarmatian is regluiaed pei Tawn of Hounlairn Hills ploliq and plrocecuies fon Hnapasilian 202 Hunicingl frarn reciplienits cif awaid9 cufingl any, fiscal yean. The iepart is cue no less than Yl calls plrian to the enic of llle fiscal year in whicH llle funics were cisbursad sllawini8 a camipllele neAlart derailing paw 0a funds were aaluallN splenl. The 71owrn retains the rilihl 1a inspecl arnd/ar audit 1He reaards of Hraplosilian 202 explenidiluaes. Applicant Namel and Address N arr. a: A ddress: Amount of l func s racieimed: $ Usa of funds (chleak all thlal apply): F' Hublic Saftily F' Mitigalion of impacts of gaming (education, social servicas, blealll•I caro; Promol i on of carrur. once and ecanomi a duel apmanl (trlansportati on and tourism) 01har (explain: ) Itarnizad l:ist:ing ofla:lI expenditures: Mendon Purpose Amount �I gl gl gl (1Iflmorle space is needed, please lisl all axpanses on a saparata shaat attaahac to 111is neport). Authlorixid Signature: Plrintad Name: '11itl a: D ata: \uHNUS\Z_Drima'_Dapts'CommSendoes`Raahaa]&Grace-Tourism\elranl Appliaatiom\Sall River FlirriaGranfflY 18 - 19\Pvop_202_Funding_Application-SRPMICFYI 8- 19.coclia go 4 a] 9 512007 PIROAOSITION 202 NUNDIING ARBLUCATICN RESOLUTION N01. 21(ID4.341 A RESOLUTION OR THE MANOR A.NLI CCUNCILI OF T1IB TOW?, CF FOUNTAIN HILLS, A R121CINA , ADC PTIINCI THE TOWN OF FOUNTIAIN H1LU POL;K Y ANC pIROCJEDU1REf l FOR PROK SP11IC Y 2,02 FDNC ING. WHEREAS, Proposition 2Cl2 funds may br iialicited by c iiics, am ns and counties 11roin Arizcra Irdian Tr'txs far gavemmew aenices that benefrl On peneril public, including (i) public safcily, (ii; miligaiicln cif lhci irrFactn oll garniq anc (iii; prorriot'on of co irirtuirce and economic deve lapnx ni; anc wHIEREAN, various endues have requestdc that the Town cif Llountain ( illi Ithe ` Tc wit") s oilicii Prdplositian 202 func s ori thein behal11; anc W'HEREA S, the Mayon and Ccluncil of he Town of Fountain Hills ilik ""Tavrr Ccluncil'; has dciem inti That it is in the best intcr.sis of ihe citizcns cf the Tknvn to establish wit en policies to crewe a uniform air1liaanieln process for plroclt ilemer t all Propo9iiion 20 funds an hdhi if of variowi ar tint,, ; and WHEREAS, the Town Council cesincs to 4riaElish a Ealicy and plrocecures for rerluestingProp witlor 20 iuncs. NONN, THIEREKIREl BE IT RESOLVED BY THE MAYOR AND COUNCIL CIF IIHI TIONMN CIF FOUNTAIN HILLS, ARI20NPI as follows: SECTION 1. Miai the "Town of Fduntain Mlls, Arizona, Policy and Pnoiledtres for Pnopcgi1ion 2012 Ft nd.ing" (the " Pelliay") it hertby adc plied in the form atlaahcd heti tcl a.l gAhibit A anc incorperatec herein by relfertince. SACTION :I. That the Mayor, Tciwn Manageir, the Town Clerk ani the Town Altcmey are hereby auihorizec anc directed to take all steps necessary tel cmure that the policy is impilernentec anc apt€ lied to all requests for HraPlasitian a02 funidirigl. SHC DCIN 3. That tf is Reseilufan shal l bec( me effect ve imiry iec lately upon plamaae. ISIGN ATURES CIN FOLLOWING PAGE) + i'44+X+11 4W�3� rim mi P+1.'. 111 .1 "VET U S\� e` _Ilriv_Deplis`CominS aruices\Rachael & Clraaa - lourism` Grant Applicalions' 9 c It Riven Pima Granl\HY 18 - 19\1 riop 202_Funding_AppliaaIion - SRH N ICI FY 18 - 19.docPage 5 of 9 SUN PROPOSITION 202 FUINUINC APPIJICATICN FASSED AND ADCPTEDI SYI ilhe Mayou ant CIOUTtil cf The Town of FlovTtaiin Rill., Arizona July I, 2004 - FOR 1HJ; TOWN C F 7F0,91TA IN HILLS: %1. J. Nichol�y, 3yor RHVJf' D1 BY: f Timothy CII. Pickcring, Town her ATTENTEII ?U: Bevclyn J . C dcrl rovrri Cled APPROVED A 911x1 FORM: (q �. w- L Anc raw .. McGuire, Tawn A tic rntry \\N HNUS\Z_Drimle\_Dents' CommSeniices\Rauhaal & Grace- Tourisrr\Chant Appliaationa\Salt River Pima Gn nt�HY 18 - 19\Pnop_202_Funding_Alpnlima tion - SRPN IC FY18 - 19.docPage 6 oil 9 5,2001 PRIC POSITION 202 AUNDIING AAPLICA'HICN TOWN C F F01C NTAIIN HILLS, A14IZONA AOLICY AN PROCEDURES FOR PRC PUSITION 2021 FUNIDI NC In ordeal to secure fan the Town cif fountair Hills, Arizona Ilthe "Tcwn") the hert.flts cI 111e Inician Selll Reliance Initiative I"Pilop. 202"1, plassec Hy the Arizona getter: it the 20(12 $gate ge_neial eleclion anc codified in Alun. REV. S71AT. § 5-WI.Q2, and 10 promote the Heat interests cif tie Tawin, the fallciwingl Policy and Procumer fon Prop. 202 Furdinlg (this "Polin)") is hereby ad iplted t y 1he Mayar anK Council c t the Tlown (Ithe' Tbwn Council"'., Under AREz- RFv, STAIT. § 5.601.0, Prolll. 2q2 funds may be solicited by ci►ias, taw ns anc caunties from Ar'zcna Indian 711ritles fon galveimrrlev l services thal trenefit the gerieral public, iriclucirill Qi; public sallcty, iii; mitigaticln of the imllacts cil garring air Ki (iii) plroma'lian cif aormrerae anc eccmarnic developmeni- fecausu 1he legislation requires that the fundr bd solicited tly a municipality or county, the 71own has Mrs approauhec by various entiilies rue ueslingl thvii Piap, aa2 funids be pr(ivurec on thein belialll. A ccardfngtly, the Tanvn Courcil Han estatlishec tHc hollowing Pcliey to creiale a urnikim prDgasal proaess foci ouch enllities. ARTICLE 11. Generail Pclichmi 1.1 Ouallifiec Eniiliiies. The Tovrni vrill only accept and process aroplosals fere Aaop_ 202 Funds made by itself or Hy Town -bases, ramFrofll ongalnizations ]"Qt alified Entities";. 1.2 Discrelion Rg:tained Ey 711owri Manat,cr. The deicisior 1cr lrocese it Quatiflec Eintity's l mposal eha t be relained by Elie Town Mainal er, cir his ccsipnecl, subjeci to the aplplictaticir cif sections 13 anis 1.4 oflhis Anicle. 1.3 Tow,n as Applicant. llf, in anal Niven quarter, 111e Town 1 uflmiits a proposal kir Pilau. 202 funds, it will nett prod ss pronosals from Qualifiec Entities Ion that panic viii, quarter ill thea splllicani is reeltesting furids from talc same tribe w Me Town. Slush Qualifiec Emiities xray rcquest that the Town hold their prunosals fail preicessing in aI luiiure q u arteii in which the Tov T is nctl an appllicur1. L. Pileferred Fund Use Schee ale. WI cud rnlu hif. lei QL aIificld F,r titias have submiitled proposals for Prop. 202 lands fon tl a same quar am, fioar Ibc same tribd, the Froposals shall be lrocessec in accordance with the followinll scihecule oilproferred fund isms: a. Pud l is safety; b. Mili€talion of imRacits of garringl (i.e. education, sociiI servicesi anc heald care; ; a . Prc mi(lion c f cammen c anc eaanorr is do veloplment ilia., trart.,puttatian and I(ursm). \WBNUS\Z Dr'va\ Deg ts\ClommServiiaas\Rachael & Grace - Tourism�Gran'I AlpglicationsNSatl Rbiar Pima Clran11FY 111 - 19\Fuog_9119_Funding _A gplication - SRPMIC FY 18 • 19.daaPa ga 7 of 9 3/1007 PIRIOAOSITION 202 FUNDING AAPILICATICN 1.5 Kclimbtm meet Int Costs l .011 ccstsi i111LUnec t1 the Town in conm4ition witll (i) the adminis irtition of a proposal sutiti ion zinc Iii) the disttillulien of Plop. 203 funds shall HEi subtracted from the total arnouni cd Pron. 21(12 funds awtirdid, it any, la the To%r ctn bdhalf of the Qualified Emily. Sluch to�its may inicluce, bu are ncol litrlilc( to Qi) =taf1 lime spent prmie•sirf the aPAlical icn and any resultir g fatal rep(rt (ii) auditir ig fees tttud (iii) legal leets incurrec in the prKpasan of a resoluliori, intenl1Uvcrnmenial ajreerriclnt and any othetl legal doculncni i ssociatled with tiansillerring that Frop, 202 funds to the Qlualified En ityl. 1.6 Funds Budgeter by 1ruwri_ If the Qlualilied ET11I receives F nop, 2(2 funds, the d'stribution ollthosc Iluncs will rot bd uscd Ic ufplant furdirp, if iny, hudgfetec by tfle Tovm foal c istribulion is that entity, in the aT pllicable fiscal year. 1.7 E'i a. R_ep2jq Ar y Qualil6ec Hntilyl recaivingl Pian. 202 funds shall aubmiit to the Town, nic less than 310 days rocir to the enc of the fiscal yesr in which the ft nes vertu disbursed, a final and corrlpleilc tttpdrt dl tailing haw lihe fur ds were actually spgnit. 1.8 Modificatietti. The To,i,n Claunicil may me dify this Policy III tine to Lima, AR7111CIJE 2. Protma.l P—te uirtimenls 3.1 Deddline to Apply. All nropasals fon Prop. 20 funds shall be iubmi!itcd tc the Town Chi* rio les, than 6(1 days Aniol to the dcadlina fair such plropostls as ceterminec by the respective tribes III i hat par ict Im quarter. 22 Frcipclsal CCITltcrt. The pinpc>sal shall, at a nnirnmlurr, conuiin thea Ictllawirig information: a_ Qualified Entity lnfarnafignl. The Qualified Enitily shall provide it general ckscrillltian cit iurtllf, iia ludirg its narpc rate anc organizational slrucllure. This cescripricin shclwlc Act :inch, de lie mimes of all ollflcers at dA n corpotrate c in itcirsi circatly reilatec to car asrociatcd w it} tt a pro[ mti adminisiralicn of the Prop, 202 Nrids_ h. Applicant Cdritaci. The Qualificd Entity SH all puo,-ide the nan e, address, phctHi numtxr, naris mile, arnai.1 and ether relevan'I informalicin fcr tht primary conlact for the qualified Erititji, C. Deiaitec Descniaticrn_. The Qualified EfliI shall Flrovice a delailec descrillticin of the mariner in wtAh thu Min. 2(IJ furdti, it alvarded., will be used. This t esc riptiun tthouk also inaluda a suitemc nt of how i I e pi opglsed use oil the fur ds meets one os mare of the Flutpalei set forlh in Section 1.4 above. c. FstjUyj2j Costa. The Qualified Entity shall indicate itcl deillat amount bdingl requ-4ted from the tribe inclucingl a cciailcc budget_ Acditiana 11, the Qualified Elnlity shclulc pravidt art supporting dccurreltiaticn temorsimlinigl ilhai the amtuunt requester is dirttcllu relmec to the usa propoardd. 919t1110t%Nq . Pn2 N i y • Q Av n -?3-14.1 'VENUS\Z Drivt Lepls'CommSeraiaes�Raahael&Grace-TourismClraniAppliaakons\SallRiverPimaGranORY18- 19\Paop_202_F lunding_Application-SRPMiC HY18 - 19.cocPage 8 089 5.12007 P140POSITION 202 BUN DING APPIRCATICN a. Information R2ques'ed by [tet Tribe. 1n the event that tte tribe I' as issued a solicitaticln c 1 proposals [hall rcqucsIs inllormaiictn not specifically Iequirod by, this Article, the propogals must inclu de I hat info mall ian as well. 2.3 1ncomplem Proposals. Incomplete nrciplosals a ill not bd procesmee _ 9196.41)F%P cT. R12 pWic .rld« 61!3 Od6 t 'VENUS\Z Drive Depls'CommSenic&RAahael&Grace-Tourism\ClranlAppliaationm\Sa11IRiverPimaGnintTY18- 19\Piap_202_ Funding_Appliaa tion - 9RPN ICI FY18 - 19.docPage 9 a A 9 5.12001 APPENDIX A: Grant Priority Template Department: Community Services Grant Request Project List for FY 18-19 Project Name Council GoolICIP Relation Brief Description Target Dates Priority Funding Amounts Grant Opportunities Alternative Plan if not funded by grants Potential Project Manager Salt River Tourism Prop 202 FY 18-19 High $45,000.00 Salt River Limited Grace Pima Indian Stakeholder funding will Pima Indian marketing Rodman - Community Partnerships be used to Community exposure Guetter Prop 202 add Prop 202 Funding additional Funding marketing exposure for tourism. This form can he found on the Intranet under Document Library. 2257174.5 APPENDIX B: OMB Circular and Publications Descriptions Catalog of Federal Domestic Assistance: This site provides a full listing of all federal programs available to state and local governments (including the District of Columbia); federally - recognized Indian tribal govemments; territories (and possessions) of the United States; domestic public, quasi- public, and private profit and non-profit organizations and institutions; specialized groups; and individuals. Visit: https://www.cfda.gov/ Code of Federal Regulations (CFR): This site provides the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the federal government. Visit: httt)://www.gpoaccess.jzov/cfr/index.html Federal OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (relocated to 2 CFR, Part 225): This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments and federally -recognized Indian Tribal governments. Visit: httv://www whitehouse eov/sites/default/files/omb/assets/omb/fedrey/2005/083105 a87.pdf Federal OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments Common Rule: This circular establishes consistency and uniformity among federal agencies and federal grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with state, local, and federally recognized Indian Tribal governments. Visit: http://www whitehouse ?ov/sites/default/files/omb/assets/omb/circulars/a102/a102.i) Federal OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (relocated to 2 CFR, Part 215): This circular sets forth standards for obtaining consistency and uniformity among grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with institutions of higher education, hospitals and other non-profit organizations. Visit: htti)://www whitehouse.eov/sites/default/files/omb/assets/omb/circulars/al I0/2cfr215-0.ndf Federal OMB A-122, Cost Principles for Non -Profit Organization (relocated to 2 CFR, Part 215): This circular establishes principles and standards for determine cost of federal grants, contract and other agreements with non-profit organization. The principles are designed to provide that the federal government bears its fair share of costs except where restricted or prohibited bylaw. Visit httpi//www whitehouse eov/sites/default/fileslomb/assets/omb/fedrep/2005/083105 a122.ndf 2 2253174.5 Federal OMB A-133, Audits of State, Local Governments, and Non -Profit Organizations: This circular is issued pursuant to the Single Audit Act of 1984, P.L. 98502, and the Single Audit Act Amendment of 1996 P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among federal agencies for the audit of states, local governments and non-profit organizations expending federal awards. Visit: http //www whitehouse gov/sites/default/files/omb/assets/al33/al33 revised 2007.pdf Federal OMB A-133 Compliance Supplement: The compliance supplement is based on the requirements of the Single Audit Act Amendments of 1996 and 1997 revisions to OMB Circular A-133, which provided for the issuance of a compliance supplement to assist auditors in performing the required audits. While supplement is intended to provide a tool to both federal grantor agencies and auditors in setting forth the important provisions of federal assistance programs, it also provides guidance to recipients of federal assisted programs. It includes program objectives, procedures, and compliance requirements. Visit: http://www.whitehouse.gov/omb/circulars/al33 compliance supplement 2012 Grants Management Common Rule: On March 12, 1987, the President directed the federal grant making agencies to issue a grants management common rule to adopt government wide terms and conditions for grants to states and local governments. In 1988, OMB revised Circular A-102 to include guidance to federal agencies on matters not covered by the grants management common rule. The attachments to Circular A-102 were replaced by the grants management common rule. OMB maintains a chart which includes the locations of federal agency codifications of the grants management common rule. It is important for a grantee to review the regulations of their federal awarding agency. Visit: ft://www.whitehouse.gov/omb/grants chart/ Single Audit Act of 1984 and Amendments of 1996: The Act requires governmental entities that spend over $300,000 a year in federal awards to prepare a Schedule of Expenditures of Federal Awards (SEFA), which is audited annually. (OMB Circular A-133 revised this threshold to $750,000 beginning in 2015.) This is the responsibility of the Town Finance Division. OMB Circular A-133 incorporates the requirements of the Single Audit Act. Copies of the Town's most recent Single Audit Reporting Package are available upon request from the Finance Division. The Single Audit Act was enacted to ensure the accurate accounting of federal grant funds are in compliance with program standards. Material non-compliance findings cited in the Town's Single Audit Reporting Package, including failure to accurately report federal expenditures on the Schedule of Expenditures of Federal Awards, could result in loss of grant funding. Grantors are required to monitor their sub -recipient's single audit findings to help ensure that findings are corrected. The Finance Division and the department administering the grant ensures that grant activity is accurately reported on both the grantor financial reports filed with the grantor agencies and thea Schlcidu?Ici afl ENplendituiesi of Pedeial Awards pieplarcid B) the Finance D:ivis:ion foi the Town s Single Audit Mciplorting P acldage. APPENDIX C: Grant Project Profile Worksheet This farm can be found on the Intranet under Document Library. 2253174.5 GRANT PROJECT PROFILE WORKSHEET 1. In one sentence, describe your project Prop 202 funding will be used to add additional idea. What will you do? Where? With marketing exposure for tourism. whom? When? And why? 2. What broad categories of Town needs Tourism Promotion or opportunities does your project address? (Think in terms of general labels or frames.) 3. Describe the specific need or issue in In our Town, the current situation is this: we do the Town that your project will address. not have funds to increase tourism awareness 4. What specific changes or outcomes do We intend to achieve the following specific you intend to achieve in the Town as a outcomes: increase visitation, spending and result of your project? overnight stays S. What are the major steps you will need Research, design and implement new to take to make these changes happen? marketing strategies 6. What resources will you need to IT support, Chamber of Commerce partnership accomplish these steps? (people, equipment, materials, training, supplies, services, other Town departments, etc.) 7. Approximate total cost: $45,000.00 Match $0.00- 0.008. 8. Who else has a vested interest in Chamber of Commerce, golf courses, working with you as partners on this restaurants, McDowell Mountain Regional problem or opportunity? Park, outdoor recreation retailers and event Tanners and promoters 9. What information, tools, data, etc., will Measurable ROI — web statistics, social media you use to decide whether your project impact, onsite surveys and collateral succeeded? distribution 10. Who will be the grant project manager? Grace Rodman-Guetter Submitted By: Grace Rodman-Guetter Date: 3/27/18 Telephone: 480-816-5165 This farm can be found on the Intranet under Document Library. 2253174.5 APPENDIX D: Grant Check List Project Name: 208 AOT Grant App. Due Date:_ Department: Community Services Contact Name: Grace Rodman-Guetter Ext. # 5165 I. Procedures for Developing and Submitting Grant Applications • Confirm purpose of the grant project meets Town Council Strategic Plan Goals and Operational Priorities/department goals. • Read and understand entire grant application to ensure that your department has the appropriate resources to comply with the grantor's requirements. • Develop grant concept including estimated budget and expected funding sources approved by Department Director. • Grant entered into the grant management system. This system includes project description, total cost, grant amount requested, source of funding, match, ongoing cost implications including additional staff, if any, special conditions and application due date. • Consult with other affected departments (e.g. engineering if it is a construction project) who will support or have the capacity to implement your project. • Town Attorney to review if Resolution is required prior to grant submittals. • Obtain Town Manager's signature prior to grant application submittal. • Prepare draft Council communication requesting authorization to apply and accept grant if necessary. • Complete final review and editing (a pair of fresh eyes are best), making sure to check the application against the grantor's instructions or the RFP. • Send copy of the signed application to the Grant Project Manager for archiving and distribution. II. Procedures for Accepting Grant Awards and Post -Award Procedures Congratulations! Now you need to: • Whoever receives an award notice/notification should send a copy of the award notice/notification to Grant Project Manager for archiving and distribution to Finance. Grant Project Manager will forward a copy of the award agreement to the Finance Division with a completed contract/grant information sheet for tracking purposes. • Set up a meeting with the Grant Project Manager and the Finance Division to reconcile the accounts associated with the grant. During this meeting, you will review the grant requirements and you will be responsible for meeting all of the grant requirements and the current Town and/or State approved record retention schedules. 6 2253174,5 TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 PROPOSITION 202 FUNDING APPLICATION 'Please provide the following information and return signed originals to the office of the Town Clerk as well as all supporting documentation for the funding proposal attached. Under Arizona Revised Slate Statute § 5-601-02, Proposition 102 funds may be solicited by cities, town, and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts ofgaming, and (iii) promotion of commerce and economic development. NOTE: The Town will only accept and process applications for town -based non-profit organizations (Qualified Entities). The decision to process the applicant's proposal shall be made by the Town Manager, or his designee, and is subject to the following criteria: SUBMISSION REQUIREMENTS: Please refer to the attached copy of Fountain Hills' Policy and Procedures for Proposition 202 Funding, Article 1 — General Policies, for complete details. 1. If, in any given quarter, the Town submits a proposal for Proposition 202 funds, the Town will not process proposals from "Qualified Entities" for that particular quarter if the applicant is requesting funds from the same tribe as the Town. "Qualified Entities" may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 2. Where multiple "Qualified Entities" have submitted proposals for Proposition 202 funds for the same quarter and from the same tribe, the proposals shall be processed in accordance with the follow schedule of preferred fund uses: A. Public safety; R. Mitigation ofimpact ofgaming (i.e. education, social services and health care); C. Promotion ofcommeme and economic development (i.e. transportation and tourism). 3. All costs incurred by the Town in connection with (i) the administration of a proposal submission and (ii) distribution of Proposition 202 funds shall be subtracted from the total amount of Proposition 202 funds awarded if any, to the Town on behalf of the "Qualified Entity". Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (a) auditing fees and (iii) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Proposition 202 funds to the "Qualified Entity". 4. Distribution of Proposition Funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. 5. Any "Qualified Entity" receiving Proposition 202 funds shall submit to the Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed, a final and complete report detailing how the funds were spent. 6. The Town Council may modify the Town's Proposition 202 Funding policy at any time. 7. Deadline to apply: All applications shall be submitted to the office of the Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the respective tribes for that particular quarter. 8. Important note: Incomplete proposals will not be accepted. \\VIMSq Drive\_m o\CommSer ices\ltwbael & Gme -Tourism\Gant ApplicationsTurt McDowell Yavapai Gant\FY 18 - 19\Pmp_202Funding_Application -FMDFYl8-19Aoc 5/1/07 Page laf9 TOWN OF FOUNTAIN HILLS 4O fN 16705 E. Avenue of the Fountains o Fountain Hills, AZ 85268 3 ^ Phone: 480-816-5100 °r Fax: 480-837-3145 9jr[ istalo. 0 rha PROPOSITION 202 FUNDING APPLICATION TITLE OF REQUEST: Public Safety ❑ Mitigation of impact of gaming ® Promotion of commerce and economic development ❑ SECTION #1 Include the names of all officers and/or corporate directors directly related Provide a general organization to, or associated with, the proposed administration of the Proposition. 202 description including its funds. corporate and organizational Town of Fountain 1 -fills. structure. (Use an additional sheet if necessary) SECTION #2 - Primary contact Glace Rodman-Guetter gguettci Ih.az.gov 480-816-5165 Qualified Entities' Name: Town of Fountain Hills Organization Name: 10705 E. Avenue of -the Fountains - Fountain Hills, AZ 85268 Address: Phone: 480-816-5100 Fax: E-mail tou ri sm �cG tll.az. goc Other relevant Information: (Use an additional sheet If necessary) SECTION #3 YES ® NO El Has your organization If yes, please provide the name of the Indian Nation the application was submitted to, the submitted a previous dale of submission, and identify the category of the funding request proposal for funds? FUNDING CATAGORIES: Public Safety ❑ Mitigation of impact of gaming Promotion of commerce and economic development ❑ SECTION #4 List contact information for Selena Castancda - Tribal Council Secretary the Indian Nation that your attach proposal is to be Fort McDowell Yavapai Nation submitted to and the date their Fiscal Quarter ends: 110 Box 17779, Fountain Hills, AZ 85268 For the quarter ending: vVENUS\Z Drive\_Depts\CommServiea,VRachael&Gone -Tourism\Grant ApplicatimaTon McDowell Yavapai GmntF 18- 19\Pmp_202_Funding_Application -FMD FY I S -I Uoc 5/1/07 Page 2 of PROPOSITION 202 FUNDING APPLICATION SECTION #5 Provide the dollar amount being requested. Attach a detailed budget Provide all supporting documentation demonstrating this funding request's relationship to the proposed use. SECTION #6 PREFERRED FUND USES: Describe in detail the Public Safety ❑ manner in which the current Mitigation of impact of gaming proposal for Proposition 202 Promotion of commerce and economic development ❑ funds will be used and The Town of Fountain Hills Tourism Division is akina for grant identify the category of the tlindin g in the amound of 510,000.00. The Town would use the funding request: numles aW:vdcsl to create this new advertising project. aimed directly Include a statement of how towards increasing our visibility as a golf destination. We would the proposed use of the place a specific emphasis on Fountain Hills being home to World funds meets one or more of veno\vned golf courses. with specific attention to the We -Ko -Pa Golf the preferred fund uses. ('nurse. (Use an additional sheet If necessary) SECTION #7 Attach oil supporting documentation, which demonstrates that the amount requested is directly related to the use proposed. Please be advised that if the tribe requests Information not specifically required, the proposals must also include that information. APPLICANT'S SIGNATURE: FOR USE BYSTAFF: Date proposal received: ASSIGNED. PROPOSAL 9202 - Amount requested by the organization: $ Less the Town of Fountain Hills' Administrative Fee 5% of the amount: $ Plus legal Fees: $ $ Amount to be dispersed to the organization: $ El Approved for Council submission Town Manager (or."Designee') Signagare ❑ Denied for Council submission Date Town Manager (or "Designee') Signagure Instructions: To be placed on the ('11A bcre LO 20 To. Conned meeting agenda for Council consideration. \WI]JUS\Z Drive\_Deets\Co�mnServica\ftacM1ael & Grace -TounmMGmm ApplicationsTort McDowell Yavapat Ganr\FY IS - 19\Pmp_202_Funding_Application-FMD FYI8-19.doc Page 3 urn 52007 PMC PC SITIC N :102 BUN DING APPLICA'1110N FINA L I REPO MT OF PRC NOSITIC N 20211 UN DIN G July 1, 21111119 throu gh Ju nfl 30, :I010 The following inikirmaticin is recluinad pen Town of Hauntain Hills plulicy and plracecunas fon Anaposition 1013 Hun(in�l from recipients of awauds curing any fiscal dean. The report is cue no less than 3(1 cays prion to the enc of the fiscal year in which the funds were( ijburjed showing a carripllele report del ailing Haw IHe funds were acttiallN sAleni. The Town retains the right Ia insplecl and/or audit IHe records of HroAlosili(in 1013 exFlenditunes. A pp lican t Naim c ain d Ad d ress N am a: Addfless: Amount cifIfur ids racleived: $ Usa of funds (check aa] thal app I y): ( Put l i c S afal y r' Mitigalion of impacts of gaming (education, social serviicas, heallh care' (Prom cilion of aamlmlaree and eaanomia develapm aril (transporlatian and tourism) ( C than (explain: ) Itamizaac lasting oflaal axpend:iluras: Vendor Purposa Amount �I �I �I �I (If masa spaae is needed, please list all axpansas an a separala shaet attaahad to this report). Aulharilzed Signallunaa: Prided Nama: Till] e: Dal e: "VAI` U 9 \[ _Drive`_DepisK IonuriSarvices\Rachael & Graaa-11ourism`Grant App licai ions\l oil McDowell Yavapai Grant\f Y 18 - t9\f rop_202_Aunc ing_Appliaation - AMD A7Y18-19.doa Page 4 of 9 61011Ilyi PRC PIC SITIC N 102 FUNDING AAPLICA'BICN RESOIJUI ICN NO. 204.34 A RESCLLMCN CIF THE MAYCF AND COUNCIL CIF THE TCIWN OF FOUNTAIN HILIISI, ARIZCNA, ADGP'IING THE 1l'CWN OP FOUMIAIN HULL c POLIC) AND PRC CEDURESI FOR PROPCI'. n IO N 2101 FUNDING WHEREAS, UNDINCI- WHEREAS, Prcipositian 202 funct way be sialicitec bbl cities, towns and c(urities from Arizona Imian 'Ihibes lois gavarnrrent servicta Illat beneiil the general plublia, includingli; public sakal-, ilii) rniiliga1ion oil the impacts (A glarring and iliii; Arcltncticlln of carnwice anc eccmamic develap menta ar d WHEREAS, -ariciu; cmtities have requaslec shat the 'Ikwn cf Fountain Hills Ilthe ` raun"; solicit Proplo5ilion 20-2. funds on 11 heir bdhalf; and 1M1IHEFIEAS, the Miiyur anc Council cl the Town oil Fountain Hills Ithe 'Town Cuunail") has determined that it isi in thea best interests of the citizens oil iihe'Ilovrn 10 establi:ih wriven policies Ici crc ate a unikrrm aflplication process foo plrocurenaem of Ploplositian 1021 funds on htlhrlll of varicius cintititis; anc WHERHA51, the Town Counxiil dasires to establish a policy anc procectrrs for re -questing Ropositicm �0? funds. r OIIV, THER1IFORE, BE 111 Rl[SOLVED E Y THE MAI YC F AND COIUNCIIL OF T1IE TCIWN OF FOUNTATIN HILLS. ARIZONA as Ilcllluurs: tIE�ION 1. Ttlat the `Town of Fcuniair Hills, Arizona, Policy) anc Frocecure; 1kili Araposilieln 2(12 Fant ing" ilOc "Holic.y"I is hercibl, adoptec in the farm u1tach(idtervoask&hjbjd A w d inceirpunatcd herein by nmferar ae. SECTIGIls 21. Thai the Mayan, Ilawn Manager, the'hewn Clerk and tho Taiwn Aunrnciy arc hereby at lhurizud and c ins tec la wke all steel neo a as ary la einsurt t1at the Pciliq is implemented and applied to all raique5ts ION Proposilian X121uncinil• SECTION =. That this Resoluticin shall flLc me efllec ive immediatelN upon pas5•agc. [SIC NATURESI GIN FCILLOWINCI FIA QEJ -% 0)01, 1'013.-V M., q, .,,,. . li. WA \'vHNUS\Z_Drnie Ilapts' CommServiia as\Raa ha e 1 & Grace- TourismWirant Applia a tionsTor N cllovtiall Ya va pa i Clrant\F1 18- 19\Pnop_202_Hunding_Aplllication -FN II AY I8-1q.doc Page 5of9 512001 BROBOSITIC N 202 BUN DING ABBLICA'HICIN PAWED AND AD0PTED FY 14 Ma;,ar anic Cctrncil oi' 1hc. T"anrn all F'(Iurtain Hills, Arizona, July 1, 2004- 1FCIR'IIHi; TOWN OF 7F0"TA IN HILUS: WI. J.lichal�y.gycar — REVIP".M BM-. / T miuth y Q. Pickering, Tawe Ma cr 1INt01=L .L'uNl�l Rry�\Y]k.I�.m Ji. 7-7nftil ATTESIRD TUI: f Ae clyn1. I9$dc�rnvn Cieii(; APPROVED AS 714 FORM: �j Andrew J. McCuire, Town AItairnay UVHNUS\Z_Dniva\ Dal is\ClommSeniiaas\Rachaal & Graice - Tourism�Grant All lications\Fort M aDoviall Yavapai GraintTY 18 - 19 \F i op_20 9 _Hunding_Al plication - HM D FY 18-19.doc Ngo 6 a 1 9 142007 PRCPCS]IIICN 202 FUNDING APPIJICIATICN TOWN OF F007'AIN HIULS, ARIZONA PC I I CT AN U PRIOCIE D URES FC R; PRIOPOS ITION 2q2 FUNDING In order to setrurt for the 71own of fotntaiin Hills, A rizana Qthe "Tnvrrl") the teneflts of ,Ihe Irlcian !lelf Relianc-4 Iritiative i1"hlop. 21113'; plasseid Uy the Arizona r(iter; in the 2002 state toneral eleclien and codified it ARR. Rbv, eTAtT. §'I-6()1.011. and to prorncFe the beat inlleresis cif tic Tawn, the fcilkwing Policy tine P iaedurer fora Prop. 202 Funding (this "policy") is heredy ac opted Ey 'he Mayor acrd Council oil the "Do -ii 11the " Tciwn C ouncil"' . Under Aelz_ REV. STAITI. § 5.6(;.(11, lilrap. 21(12 funds stay be solicited by cities, lawns and counliets from Aruna Inlc ian 11ribes 15c Ilovemmet t services that ltd nelPlil the genet tial plublic, ircluding Ili; plublic safety, jiil miiligallicn of ilhe imiElacis of gamirg and (iiii llromadan all commence anc econcirn.ic davelopmert. Because the legislation requires that 1he funds be solicited by, a municipality or cotntp, the Town has bedn apgraaahod Uy various enifiAcs raquestinigl tha Prdpl. 202 fund; be procures an thelia beha lf. A cecrrdinlllly, Ilse Talvn Council has tsuHlishec the followiinpl P(Ilicy to cniate a tinliklrm proposal process for sucH amities. A111711CIIF 11. General Pkilkiec 1.1 Oualifiec Entities. The Town vrill only acccl t and procrels! proposals for Aron. 202 Fends made by itself cirty Town -bases, non-plrafll organizations I"Qt alifled Entilies";. 1.2 Bliscrelion Rettainc( by Tlowri N1anaggr The decision to grocass a Qtatiflec Er iiy's propc;sal shal be retained by die Taurr Manager, cir his ccsignea, subject to the aAplicaticraf,lecdors 1.31anc 1.4 oftlii Article. 1.3 Tonm as Applicant. If, in anal Niven quarter, tle Tawn Iullmits a propclsal llor Pool. 2(12 fundal, it will not p nips proposals frorr Qe alifiec lintities flog th,.t particular quarter if the applicanl i9 liegtesting funds from) d1c same tribe as the Town. St cih Qualifies Entities may rcquest that the 71own lend their pnoposails fens processing in ai future quarrel it which the Tlov7l is not an apAlicari. J..4 Prdferrec Fund Use Schedule. Where multiple Qualified F.rtities have submiitled 11rciposals fort Prop. 202 Hands llor IHe same gptarcg, fmml the same iribd, he plroposals shall bd proctssm in accordance) will rte following schedule clllpnferrec fund cues: a. Put I ic safely. h. Miti€ aticm oll impacte of gamling f i.c. educt tic n, socia servicers and health care'; C. Pndmaltictn of comnerrccl anc ecommiia develciprrenl (i.e., Iransllartaiion anc tciuriam). "VET U S\Z Drive` DepIs`ComniSer%iices\R. ahael & C race - Tourism' Granl Appliaalia nsTor McDowell Y avapai Clranl\l Y 18 - 19\f iiop_202_Funding_Appliaal ion - FM 11 F1 18 . M .doc Page 7 of 9 5.12001 HROAOSIAON 202 FUNDIINC APRIJICIATICN 1.5 Eeimtumen= foil Costs. All cost: incurred by the ilcwn in a4nneeiticn vrith fi) the acministralion cif v nroposal aultmission and ilii) the disilribulinn oil Nap. 202 funds shall be aulltraculd fromi the to a 1 arnounit cif Flrc p. 202 tlunds awtardcd, if ary. to the Town cin bdhall cif 1 he Qvaliftec Ertiily. .cluch coats maN iralude, but arei not limned tei Ili; sufil tine spglnt processing IN apAllieaticn and any relsultingl final report, Qii; auciring Ilecis anc 11iii) Icppl fees incurred ini the plrepanvion oil a relscllulion, intergavcnirricinlal aplreenlert anc ary other leillal document associated with transferringlhe Ptkip, 2021 ftlncs to the Qualifled Endly. LEI Finds 8ucgaied by Town. 11 the Qualillied Erdtit}l receiver Prop. 2(12 lunids, Itle distributieri of ihost fun(.,- will nal he used to supplant finding, if ary, t ucgelec fly tHa 7 cwn for distribution io than enlity iri the applicable flsaal year. 1.7 Final Renoir. Any Qurilifiec Entitll receivirg Prop. 202 Runes shall stili tci 11e 710% n' no loss it an 30 (ams prion to the and of the flsaal'letu it which rte funds were c irtlasec, a final ak canplete repclrt detailing) hour the Ii vacs actually splent. 1.8 Macifutmian. Tho Town Council maj rriodifN this Folicy Ibnm time 10 Brno. ARTI CLE 2. Praggal RectuintmenA 21.1 De.Jdlitde to Apply All Arcposals fou Prop.:,02 funds shall he sulirnitiec ilo tl-.e Town Cleiil: nci less than 60 days prior io the deadline Ilos such proposals as cclermine( by the re.11active tribds fon that pairticularquarea_ 2.2 Pctiposal_ Contcnt. The proposal shall, at a mir inium, contain Iter following inllarmation: a. Qualified Elntity lnilarrri the Qualified Ertity shall plrci)ke a gcmenll do scr.'ipiion oI itself, including its ccrpt ntcl and onganlizalict al structure. This do scriplion should also include the names all all officans ardlon corpo>eate direc•tcrs directly relates to or associated with the proposelc adrninistraticsi of the Prop, 2C2 funds - h. Applicant Cda tact. The Qualific a F3oaity shall plravide the name, addrem, phone numNtl, facsimile, Email arld clher relevant informaftion Inn the primanq contact Ilor I}le Qualified Eritily. a. Detailed Eltscriptioni. The Qlualificid Emil±, stlall plrovice a detailed dejarptian elf Ifle marintr in which ihci Propl. 2(12 furds, if aiwardcd, will be wed. This it a& ripCon shaulc also include a sititerrxinl of hciw -1he pi oplosed use oil iha funds meets one or mclre cif the purposes set larth it Section 1A above. d. Elstimated Costs, THe Qualiilied Entil) shall indicate the ciclllall amctunt bdin€I requester frcrr the tribe includinil a detailed fludgel-Acditianally, Cm Qualified EntitN should pravids any :urpclrtiriig docurrier icin domeinistnauin€l that the amount rucluestec is cirecnly related to the use plralost d. nt5t1S1( EVr rcq. Vie: ry:Jh� eI,,Art 643bs•I "VENUS\Z_Drivt Depls'ComniSerciices�Rd(ihael& Grace- Touristr'Grant Appliaation!iWor McDowell NavapaiClranl\f'Y 18- 19\Pnop_202_Funding_Appheation - FMD FiN 18-lq.doa Page 8 of 9 5.12001 IIROAOSIMION 2021 AUINDINC APIIILICIATICN C. Information Rues ed by it Tribe. In the evclm that the iItiNe li i issue( a scllicilation oil prope als Wal requvts informalicm riot spgcifically requirad by this Article, the prop(Isals tr ust incl[ de ghat information as well. 2.3 Incotrlplellcl Flropolsals. Inc off iplele prcpolsals will riot be ppceussec- 91 k.i ME -r qp. 303 Mich -.,a,dm e. 1t.ai.t NNEINUS\Z Drive\_Dapts\OommSeniiaes\Rachael & Grace - TourismNGraint Alpglications\Fort M aDaviall Yavapai GraintTY 18 - Iq\Frop_902_Hundin8 All plication - HM D BY18-19.doc Pago 9 all 9/2007 APPENDIX A: Grant Priority Template Department: Community Services Grant Request Project List for FY 18-19 Project Name Council Goal/CIP Relation Brief Description Target Dates Priority Funding Amounts Grant Opportunities Alternative Plan if not funded by grants Potential Project Manager Fort Tourism Prop 202 FY 18-19 High $10,000.00 Fort Limited Grace McDowell Stakeholder funding will McDowell marketing Rodman• Yavapai Partnerships be used to Yavapai exposure Guetter Nation Prop add Nation Prop 202 additional 202 Funding Funding marketing exposure for tourism. This form can be found on the Intranet under Document Library. 22531145 APPENDIX B: OMB Circular and Publications Descriptions Catalog of Federal Domestic Assistance: This site provides a full listing of all federal programs available to state and local governments (including the District of Columbia); federally - recognized Indian tribal govenmtents; territories (and possessions) of the United States; domestic public, quasi- public, and private profit and non-profit organizations and institutions; specialized groups; and individuals. Visit: https://www.efda.pov/ Code of Federal Regulations (CFR): This site provides the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the federal government. Visit: http://www.apoaccess.eov/cfr/index.html Federal OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (relocated to 2 CFR, Part 225): This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments and federally -recognized Indian Tribal governments. Visit: htty://www.whitehouse.eov/sites/default/files/omb/assets/omb/fedree/2005/083105 a87.1)df Federal OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments Common Rule: This circular establishes consistency and uniformity among federal agencies and federal grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with state, local, and federally recognized Indian Tribal governments. Visit: http•//www whitehouse gov/sites/default/files/omb/assets/omb/circulars/a102/alO2.pdf Federal OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (relocated to 2 CFR, Part 215): This circular sets forth standards for obtaining consistency and uniformity among grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with institutions of higher education, hospitals and other non-profit organizations. Visit: http•//www whitehouse aov/sites/defaultifiles/omb/assets/omb/circa lars/al 10/2cfr2154pdf Federal OMB A-122, Cost Principles for Non -Profit Organization (relocated to 2 CFR, Part 215): This circular establishes principles and standards for determine cost of federal grants, contract and other agreements with non-profit organization. The principles are designed to provide that the federal govemment bears its fair share of costs except where restricted or prohibited by law. Visit http•//www whitehouse eov/sites/default/files/omb/assets/omb/fedrew2005/083105 al22.pdf 2 2253174,5 Federal OMB A-133, Audits of State, Local Governments, and Non -Profit Organizations: This circular is issued pursuant to the Single Audit Act of 1984, P.L. 98502, and the Single Audit Act Amendment of 1996 P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among federal agencies for the audit of states, local governments and non-profit organizations expending federal awards. Visit: http'//www whitehouse ¢ov/sites/default/files/omb/assets/al33/al33 revised 2007.pdf Federal OMB A-133 Compliance Supplement: The compliance supplement is based on the requirements of the Single Audit Act Amendments of 1996 and 1997 revisions to OMB Circular A-133, which provided for the issuance of a compliance supplement to assist auditors in performing the required audits. While supplement is intended to provide a tool to both federal grantor agencies and auditors in setting forth the important provisions of federal assistance programs, it also provides guidance to recipients of federal assisted programs. It includes program objectives, procedures, and compliance requirements. Visit: hftp�//www.whitehouse.gov/omb/circulus/al33 compliance supplement 2012 Grants Management Common Rule: On March 12, 1987, the President directed the federal grant making agencies to issue a grants management common rule to adopt government wide terms and conditions for grants to states and local governments. In 1988, OMB revised Circular A-102 to include guidance to federal agencies on matters not covered by the grants management common rule. The attachments to Circular A-102 were replaced by the grants management common rule. OMB maintains a chart which includes the locations of federal agency codifications of the grants management common rule. It is important for a grantee to review the regulations of their federal awarding agency. Visit: http://www.whitehouse.jzov/omb/uants chart/ Single Audit Act of 1984 and Amendments of 1996: The Act requires governmental entities that spend over $300,000 a year in federal awards to prepare a Schedule of Expenditures of Federal Awards (SEFA), which is audited annually. (OMB Circular A-133 revised this threshold to $750,000 beginning in 2015.) This is the responsibility of the Town Finance Division. OMB Circular A-133 incorporates the requirements of the Single Audit Act. Copies of the Town's most recent Single Audit Reporting Package are available upon request from the Finance Division. The Single Audit Act was enacted to ensure the accurate accounting of federal grant funds are in compliance with program standards. Material non-compliance findings cited in the Town's Single Audit Reporting Package, including failure to accurately report federal expenditures on the Schedule of Expenditures of Federal Awards, could result in loss of grant funding. Grantors are required to monitor their sub -recipient's single audit findings to help ensure that findings are corrected. The Finance Division and the department administering the grant ensures that grant activity is accurately reported on both the grantor financial reports filed with the grantor agencies APPENDIX D: Grant Check List Project Name: 2018 Prot) 202 Funding App. Due Date: TBD Department: Community Services Contact Name: Grace Rodman-Guetter Ext. # 5165 I. Procedures for Developing and Submitting Grant Applications • Confirm purpose of the grant project meets Town Council Strategic Plan Goals and Operational Priorities/department goals. • Read and understand entire grant application to ensure that your department has the appropriate resources to comply with the grantor's requirements. • Develop grant concept including estimated budget and expected funding sources approved by Department Director. • Grant entered into the grant management system. This system includes project description, total cost, grant amount requested, source of funding, match, ongoing cost implications including additional staff, if any, special conditions and application due date. • Consult with other affected departments (e.g. engineering if it is a construction project) who will support or have the capacity to implement your project. • Town Attorney to review if Resolution is required prior to grant submittals. • Obtain Town Manager's signature prior to grant application submittal. • Prepare draft Council communication requesting authorization to apply and accept grant if necessary. • Complete final review and editing (a pair of fresh eyes are best), making sure to check the application against the grantor's instructions or the RFP. • Send copy of the signed application to the Grant Project Manager for archiving and distribution. II. Procedures for Accepting Grant Awards and Post -Award Procedures Congratulations! Now you need to: • Whoever receives an award notice/notification should send a copy of the award notice/notification to Grant Project Manager for archiving and distribution to Finance. Grant Project Manager will forward a copy of the award agreement to the Finance Division with a completed contract/grant information sheet for tracking purposes. • Set up a meeting with the Grant Project Manager and the Finance Division to reconcile the accounts associated with the grant. During this meeting, you will review the grant requirements and you will be responsible for meeting all of the grant requirements and the current Town and/or State approved record retention schedules. 6 suv7a.5 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 4/17/2018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, 480-810-5135 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a GRANT APPLICATION REQUEST to apply for the Kompan playground matching funds grant ($50,000) Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town of Fountain Hills Grant Policy Staff Summary (background): Kompan Playgrounds is offering five matching grants, up to $50,000, for playground equipment purchases between June 1 and December 31, 2018. The grant requires an application and 200 word description of vision for the play space. Staff looks to apply for this grant in an effort to increase funding options for the redevelopment of Four Peaks Park. The matching funds for this grant, if received, would be sourced from the CIP allocation for this park project. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $50,000, matching funds Budget Reference (page number): Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: No Recommendation(s) by Boards) or Commission(s): Staff Recommendation(s): Staff recommends applying ofr grant funds List Attachment(s): Grant Terms and Conditions SUGGESTED MOTION (for councli use): Move to approve a GRANT APPLICATION REQUEST to apply for the Kompan playground matching funds grant ($50,000) Page 1 of 2 Prepared by: Director's Approval Rachael GoodWn, Crqty Services Director 414/2018 Aper Grady E. Miller, To Mana r MM2018 Ped. 2 oft NOMPANVII off 1pcln) Oursic iq (/oar--stary) dews (/news) Calremi Vcaieeirl-cliatal-rrlclnw) Clatalodsl�lcadalclgs) Carilcld (/contact-Norrlpan) Spare Flalrts(http://spaicipcifi.karvlipcin.ccrml/clnl-U9) Q (l)lseanchl 'X 111c art', Harnle MATCHED FUNDING GRANT PROGRAM - INFIORMA1110 N, TERMS AND CONDITIONS GElnenal OvErvie" clIMato hec luncing Gnanc Program As plarl CII aur aarrimitrrlenl t(i b winging Play to local cammunitiEls, KCIMPAN Inc. is clffening upl to dive i eaipients it e uprICInunity to be aw anc eC a giianl lon clualifying pnujents consisling al lC1C1% malchEI( lunding, SUbjEICt to lhEi Iennls anc cunc iliam bEdaw. TI el SEIIEICtEId miaipienls mill be granted laC1% malahElc fun(ing Ion 'Iheiin l4 CIMPAP Ina. playground or litnEISS PlncijElct anc qualifying K OMWIN In C. ServicEIS, up 1a a maximurrl valUEI of $SCI,Oaci. VaIUEI is baSElc an list Plniae. Qualifying EIKIOFlmElnl is all Stan( and K OMPAN In n. pllaygnaun( an( VnEISS ElquiPIMMI—cuslarn ElquiPlmElnt is not Elli(liblEl kin malchEld llunding gnanls. Qualifying KONIPAN Inc. sElrviaes incluce Sur aning anc ins Iallalicin. How to participate To aplpIty kin the MCdchElc Aunc incl Giant, you will nEIEld la fill oul the NlalchEld Funding Grant application lunm IclaalElc an (iull M ebsilEl here (/lets-play-gi ant). You must also meklt cell entry and Eligibility, requirements unc dEISClllbe your idElal playground cir 1ltnEISS pnajEICI in 2(10 "arcs cir less. Gncin1EIEls will be noldiec by plhcinEI in June 2CI18. Entry and Eligibility Requirements Eaah pli oject musI LEI ablEI to ccimmi1 to 10a% KCIM PAN Inc. EIKIOFlmElnI and seiniiCEIS including Kcimplan surfacing anc installation. Qualifying sElrviaes cci ncll inaludEl any IIUIUIIEI nEIFllains. ThEI plcirtlalpcinl has buc gEd Ion the Elnllrel plrcijEICt SEICUAEI( clll will hCIVEI it SKUNK by May 31, 2(118. Eaah pinojecl has a minimum value crl a1 IEICISI $3C1,(Iaci. CamPIIEIIEI( MatchElc lunc ing Guan1 aplplliccition must be IIEIaeiVEld by KOMPAN Inc. via Submission though thEI w ebsilEl link IiS1Elc ab ove by 5:aci p.m. Pacillic TImEI cin Nlay 31, 2(118. The parlicipant mull bEl nElCidy lcir equiprrlElnl instclllalicin to begin beitMlElen .lune 1, 2al8 cind DeiCElrrlbEln 31, 2al8. REICidy 11ar ecluipmenl inslallalicin inclUC EIS but is not limited to 1hEl follawing: Clustarrlen is nesplcinsible 1CI c cl all SitEl wank pnicir tcl inslallalicin. I PIEICISEI dcl nal install any surlucing malElrials Arian I(i IhEl equirllmElnl cig anc inslallalicin pluiaess. I ThEI Si1El shaulc bEl as level cis PIOSSiblEl Cinc Ml ST hciVEl ncl mcirel lhcin CI V lin ah) in ICI' 11I00 slope) Cir ahangEI in elevation avec the IUII IElncllh and w is lh cil thEI glaygi ound cireicl. I � 0 uvenhElac 113' 6" cir I(wen) Cin UndElrgii(iun( (within 3' 6" of SUrfaCEI) CIbS1CICIEIS. I Cus'lurrIEln Is IIEISFIICInsIb le kill nEIrTICIVal Cif any Exis'ling ElgUipmElnt iI ObS1CIaIEIS pillion 1CI installation. I Addllicinal inslallalicin exPlEln9es may applly i1 hall( nack/lecge is c isccnlenElc at'IimEI Cil inslallciticin. Adc iiicincll inslallalicin ahcirgEIS M ill qualify fun the 1(Ia% rncilched Ilun cind guanl, subject la the $5a,Cl(Ia maximurrl Clncinl limit. All ClpplicciliCln s lhcit mElel 1hEl 4ni1EIIIi(I Will bEl Ervulualec 5a")b cin 1hEi 2C1(I-wanc c eisaliglion Cil thein dIlElarrl playground all liineiss project and 50% cin thElir suitabilityIon lunc ing Mom a Site visit, which muss be cancucted belaiie JunEl 8, 2018. Acc ilional lenms, aanc itions, Cinc Elli(libility nElquillElmElnts aplpI)I anc cine seit'lurlh bEllCiM. Dew ription of Dream Playground ThEI 20CI-wciiC CElscriplian of youn c reicim pllaygnaunc an tiro eiss prajEICt is par al yaun application an the website tleirel (theft -p lay -grant) anc M Ill b el IIENIEIwec aanclss 5 aalEIClaIIiEIS, with 1EIn plaints plusslble In Elaah CCItEIgclr)l: CIIElalivity (2CI%): Imaginaticin cin c aniginal idEICIS within lhel c esaripticin cil yaun ( IIElarrl playground cir JitnElss pIICIjEla1. Community Spirit 12CI%): SenSEI Ol community ICElntlty and Spillil anEICIteC bll thEI playground cir 11tnEISS rIACIjEICI. Rlay VaIUEI 120%): Haw will thEl playground or litnElss OHM suppor child or plensan(II dEIVEdoprrlElnt cls well as tEling llun? Inclusive play 12C196): F aw will thEI plCydnawnd on llitness piiojeat ciccommodate nlUltirllE1 UgEIS and abilities? InvinclnmElnt 12(11/0: C esaniptians o1 tl Ea surrounding Elnvironmeint and hcM thEI playground or 1itnEISS SitEI w ill canlpleinlenl this anEla. SitEl Visit Fallow incl the s ucaes sflul SUL mission oil youn cippllicatian via the Mltlsite pagEI and vEmiliaatian all eliclibility, we will cinncingEl a SiIE1 Visit (SUt jElat t0 CIVCIilal: ility) w hich will Involve EIVOluaticln a1 SEIVEIral categories rind must takEl plaCEI piniar ta.lunEl 8, 2018. In thEI unlikely cincumstancEl that a Si1EI visit is nut plossidlEl in thEl given timErlrame, k OMPAN Inc. resernlEIS the riclht to IIEKIUEISt (Idditiancl SitEI-SpEICiiic infonmcition ilrorrl the applicant that cicidnesses the categories ton site visit cansidElraticln. The cateCIOniEIS Ion considenatian aIIEI: Implact cil nEM pllaygraund or 1itnEISS ElquiRlmElnt an thEI CCIMmunity and visitors. Qucinlity all pleapllEl in the aanlmunit) thEI playground SElrves. I ocalion all the nElw pllaygncwnd cul fitness park. Is the loaatian centrad lar the w haIEI community (11 USElrs? N ill it tl a CICCEISSitlE1 la rlElarllEl 01 Citi Utilities? line the site conditions suitat IEI far playground or 1itnEI3S ElquiRlmElnt? C aes the nEM playclraund an llitnoss pcirl project CompllEIMElnt thEI claclls and OtjEICtiVEIS of your olKlanizcition? Selection Prcicleslsl Applications will t a marl ad 50% on 1 he ] 00 -word clesaription of their dnea m playground oil fitness piiojeilt and 10% on thein suita bilily fon ma lched llunding prom a site visil. Please see Site N isil sect`on above for furthen inlonma tion. Gencival 1kIrmsl and Carlditionsl NO PU ITCH ASEI N E9CE:SSA RY Ta APPLY HOR A MATCHED HU N CI IN G GRANT. Vaid w heIIEI pnal itited. Of en is only valid for proplasud F1rojEldS to LEI located within the 18 cantiguous l nit8d 9tcitEIS. All ciplpliaanls must d a al least EliclhtElen (14) years alc . EmpICIyEles and canlractans cd Karrlpcin, Inc. an an)l a1 i1S affili(IIEIS and membElrs oll thein inlmEldiatEl IamiliEIS anEl not eligible to arlpl)l• Matched Funding gil(In1 recipients will be SE110cled Hann eligitlEI Elntries at H WW's solo disanEltian. Malahed Funding grants cannot LEI Ironslenred on Elxchanclec and tharo is nal cash CIItEmnalive. ]his afer cannot tle aorridinEld with crlhan c isaounts on splenial of Ems. Aplar from any Maichec Funcing grant awardEK undEul this program, Kamplan shall ncd be abligcited to aonmpensale ciplpliaants in anyway. Gil(Int recipients anE1 solely 110splonsiblEl flan any luxes, including incamEI (Inc/or sales 1cixEl3 associated with any Matched Funding gii(Int. Rerm issionsl Ry sub milling an Uppllication, ihEI Alar icirl(In1 chants K OMWIN Ina. thEI night to contact them IIEKlarding the NlalchEK Iunding grana program and olhon markEliing activiliEls. Aplpliaanis also assign all riclhls, including capynicll 1s,1ci 1hEIi1I arlplicutians materials 1a Kompon, Inc. Kamrlan Shull hCIVEI the SclEl right to usu, allElr, anc don plutlish submitlec aplpllicatian malunial and/ar intarmcrlion supplied dy an applicant. 11 cin applicant is SEIIEIctEld liar a Matchec Funding grant, t a or shEI furl hen agrEles lindivic ually and lan an LEI[ ai11 of ciny individu(ills), entities, art organiaalions he an shEI nEIgInEISElnts) that Komp(In nlciy plutlish the n(ImEIIS), lil enEISS(EIss), anc /an dElscriplianis) al the ciplpliaanlls) and lon the propasec an llinal piiojed conditions. Apart from any Matched Funding grant awarded, Kompan, Inc. shall not be obligated to compensate any applicant or grant recipient in any way for the use of information or publicity. Indemnification and Hold Harmless All applicants lindividuaily and/or on behalf of any individualli entities, or organizations he or she represents) agree to indemnify, defend, and hold harmless KOMPAN Inc. from any third -party claims arising from or related to the applicants participation in the Matched Funding grant program. In no event shall KOMPAN be liable to an applicant or grant recipient for acts or omissions arising out of or related to the Matched Funding grant program or the applicant's participation in the program. For any questions about the Matched Funding Grant Program, contact us at 1-800-426-9788 Matched Funding Grant Program hosted by: KOMPAN Inc., 821 Grand Parkway, Pflugerville, TX 78660, Phone: 7- 800-426-9788. Email: ossales(litkompon.cum lmailro:ussoles@kompon.com) 'auIn r 1PFa0N IDAHO ° WYOMING 4 XFBPPSKP IOWA NEVADA United States AIA. caraenoD ram-. BPHSP6 MD" LIF°nNIP ILea Vegea O ARONA AYKPI an dlepoiENEV/nrPzlco v ti °a OYI "Zift Mexico OUR TEAM IS READY TO HELP YOUR Our team of exAgRsayE�E... be happy to (/f n4,&WdBWk[honsu Itanq your project. KOMPAN PLAY IMSTIRTIE VINSIGHWITNAPAN-PLAY-INS7IME) VI WORLDWIDE PRODUCTS (/KOMPAN/KOMRM/ W DUCTS) WORLDWIDE) TERMS & CONDITIONS I/TERMS- CONDITIONS) CATALOGS CONTACT VCATALOGSI (/CONTACT- KOMPAN) CopyrightOKOMPANNS.AIIPigbts Resemed Legal Nome and Disclaimer Vlegal roXceantldlsdaimea Pmoq Polity and Security VNrivaE Dm1icWnbttcurirydl SRemap rem—'(1careersglobal menu) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 411712018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration �- Staff Contact Information: Scott Cooper Economic Development Director scooper@fh.az.gov 480-816-5104 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving GRANT APPLICATION REQUEST to apply for the Prop 202 Fort McDowell Yavapai Nation Grant Award (10,000.00) Applicant: N/A Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Prop 202 grant funds will be used for the design and development of a new economic development website to better market the region as a place for business, business attraction, and quality of life. The current marketing budget is insufficient to complete this marketing piece, so additional resources are needed. These funds will be used to find a competitive economic development focused website design firm to better meet our needs and goals. A new website will also allow for better tracking of analytics and help to determine what is and is not being targeted on our site. This will allow staff the opportunity to know where our focused messaging should be directed and if that message needs to shift. If approved and the grant request is successful, then implementation would begin as early as July 2018. Risk Analysis (options or alternatives with implications): Denial of the opportunity to apply for this grant would limit economic development's ability to expand additional marketing initiatives or opportunities that would be used to showcase the Town of Fountain Hills as a place for new business and business expansion. Fiscal Impact (initial and ongoing costs; budget status): Increase in budget revenue Budget Reference (page number): 296 Funding Source: Grant Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Grant Priority Template, Fort McDowell Yavapai Nation SUGGESTED MOTION (for CDundl use): Move to APPROVE grant application Page 1 of 2 Prep ed by oper, tconornic Peveiopmenxor 4157201 Director's Approval: roved: c . l Grady E. Miller, vm anager 4/5@018 Page 2 of 2 ,pr attr TOWN OF FOUNTAIN HILLS so N 16705 E. Avenue of the Fountains o i Fountain Hills, AZ 85268 c Phone: 480-816-5100 r e Fax: 480-837-3145 o' 9jrthat is AAsp9 PROPOSITION 202 FUNDING APPLICATION 'Please provide the following information and return signed originals to the office of the Town Clerk as well as all supporting documentation for the funding proposal attached. Under Arizona Revised State Statute § 5-601-02, Proposition 202 funds may be solicited by cities, town, and counties from Arizona Indian Tribes for government services that benefit the general public, including (t) public safety, (it) mitigation of the impacts ofgaming, and (tri) promotion ofcommerce and economic development. NOTE: The Town will only accept and process applications for town -based non-profit organizations (Qualified Entities). The decision to process the applicant's proposal shall be made by the Town Manager, or his designee, and is subject to the following criteria: SUBMISSION REQUIREMENTS: Please refer to the attached copy of Fountain Hills' Policy and Procedures for Proposition 202 Funding, Article 1 — General Policies, for complete details. 1. If, in any given quarter, the Town submits a proposal for Proposition 202 fords, the Town will not process proposals from "Qualified Entities" for that particular quarter if the applicant is requesting funds from the same tribe as the Town. "Qualified Entities" may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 2. Where multiple "Qualified Entities" have submitted proposals for Proposition 202 funds for the same quarter and from the same tribe, the proposals shall be processed in accordance with the follow schedule of preferred fund uses: A. Public safety, B. Mitigation of impact ofgaming (i.e. education, social services and healthcare); C. Promotion of commerce and economic development (i.e. transportation and tourism). 3. All costs incurred by the Town in connection with (i) the administration of a proposal submission and (ii) distribution of Proposition 202 funds shall be subtracted from the total amount of Proposition 202 funds awarded if any, to the Town on behalf of the "Qualified Entity". Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (it) auditing fees and (iii) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Proposition 202 funds to the "Qualified Entity". 4. Distribution of Proposition Funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. 5. Any "Qualified Entity' receiving Proposition 202 funds shall submit to the Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed, a final and complete report detailing how the funds were spent. 6. The Town Council may modify the Town's Proposition 202 Funding policy at any time. 7. Deadline to apply: All applications shall be submitted to the office of the Town Clerk no less than 60 days prior to [he deadline for such proposals as determined by the respective tribes for that particular quarter. S. Important note: Incomplete proposals will not be accepted. R1 vp+202+Fwding+Applicatim Econ Dev.doc 511AY7 Page I of9 TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480-816-5100 Fax: 480-837-3145 yp�_yia�o \that is AA% 0 PROPOSITION 202 FUNDING APPLICATION TITLE OF REQUEST: SECTION #1general Inde the names of all officers and/or corporate directors directly related Provide a organization toclu, or associated with, the proposed administration of the Proposition. 202 description including its funds. corporate and organizational Town of Fountain Hills. structure. (Use an additional sheet If necessary) SECTION #2 - Primary Contact Qualified Entities' Name: Organization Name: Address: Phone: Fax: E-mail Other relevant Information: (Use an additional sheet if necessary) Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 480-816-5100 scooper@fh.az.gov SECTION #3 YES LJ NO ISI Has your organization If yes, please provide the name of the Indian Nation the application was submitted to, the submitted a previous date ofsubmission, and identify the category ofthe funding request proposal for funds8 FUNDING CATAGORIES: Public Safety Mitigation of impact ofgaming List contact information for Selena Castaneda - Tribal Council Secretary the Indian Nationthat your attach proposal is to be Fort McDowell Yavapai Nation submitted to and the date their Fiscal Quarter ends: PO Box 17779, Fountain Hills, AZ 85268 RWap+202+Funding+Application Econ Dev.doc 5/UW Page 2 of9 PROPOSITION 202 FUNDING APPLICATION SECTION #5 Provide the dollar amount being requested. Attach a detailed budget. Provide all supporting documentation demonstrating this funding request's relationship to the proposed use. SECTION #6 PREFERRED FUND USES: Describe in detail the Public Safety ❑ manner in which the current Mitigation of impact of gaming ❑ proposal for Proposition 202 Promotion of commerce and economic development funds will be used and The Town of Fountain Economic Development Division is asking for identify the category of the giant funding in the amount of $10,000.00. The Town would use the funding request: monies awarded to create a new economic devlopment specific Include a statement of how website, aimed directly towards increasing our visibility as a region the proposed use of the that is desircable as a place for new business and businesses looking funds meets one or more of to relocate to Arizona. The desired result is to provide a marketing the preferred fund uses. outreach campaign that would reach targeted businesses and creat (use an additional sheet if high wage jobs for our areas. necessary) SECTION #7 Attach all supporting documentation, which demonstrates that the amount requested is directly related to the use proposed. Please be advised that if the tribe requests information not specifically required, the proposals must also Include that Information. APPLICANT'S SIGNATURE: FOR USE BY STAFF: Date proposal received: ASSIGNED PROPOSAL #202 - Amount requested by the organization: S Less the Town of Fountain Hills' Administrative Fee 5% of the amount $ Plus legal fees: $ $ Amount to be dispersed to the organization: $ ❑ Approved for Council submission Town Manager (or "Designee") Signagure ❑ Denied for Council submission D:n� Town Manager (or "Designee') Signagure Insfnrc6pns: To be placed on the Clickhcre m.vne, text., 20 . Tarn Cmnrail rnf..I... a�,m,da for Council consido,t mt. E:i p+202+Fuoding+Applica1ion Econ Dev.doc Puea?ofe '007 PRCPC9I11]ICN 2Q:1 FUNDINC APPII]ICIATION FINAL MEFORT OR PMOPC SITION 2021 FU Nl]INC July 1, 2009 tHi ough June 30, 201 (1 The fallowing informalian is nequirec per Tawn of Fountain Hills policy, anc plracedures far Praplosilion 2Cl2 Funding fikirri aeciplienls of awards c urin€I any f19aal yeah. The report is c ue na leas Man 310 days xpriar 101he end of the fiscal yeas in whiah the funds were disEursec showin€I a carripllele report delailingl haw the ands were aclually splen). The Town nelains the richt 1a inspect and/or audit the records of Anapasilian 2Cl2 explekiture9. Applicant Name and Address Narr cr Address: Amount ofIfur.ics recleived: $ Usel of funds) (chock all llhat apply); : rl 'Public Saftltyl rl (Mitigation oflimpacds ofIgaming (jaduclatian, social sorvicles, hoalth aare) n 1Promotion oflcommercia and economic development I11ransportalion and lourilsm) f' 1 Cther (expla:in: ) Itemized liE ing of all expenditures: Vendor Hurpase Am ounl gl gl gl gl (If mons) spacie is neleded, please list all elxpansesl cm a separate sheep attacll,Ied to this) report). Aul cirilaed S ignarllmel: Prilnled Nama: Tille: Date: E U rc p+202 Funding+Application Hcon Dev.doc Page 4 ofl 9 5.12U U 7 PIROFOSIMION 202 AUINDIING APFiIJICATICN RHSOLUTMIN N01. 2(104.341 A RESCLl.1TICN CF THE MAYOR AND CCIUNCIIL CIR 71IiE TCIM'N OF FOUNTAIN HILLS, A NIi OYA, ADC PTINCI THE TOM'.Tsl CIF FOUNTAIN HILUS POLICY ANE PROCEDURES HOR PRCIPCISf: PROPOSITION 202 FUNDING APPLICATION PASMHIl AND ADOPTHU BV the Mayor and Council of 1N Town cil Faunuin Hllk, Alrizuna.luIy 1, 20014. FORMETOWN OF FO TAIN HILLS: W. J. Nichal3.,�Nlliyn1- � — � ~ ll RE11'1"T,D BY: Timalhy G. Pick -ming, Tci%vn M gcr IN a ):'a %'M" P „ X? W lK. m d .- :2W14t AMBSTED VO: I3talI !_ B3 A; vruwn Clerk APPROVED AS TO FORM: Andrew J. McCluira, Town ?ll lamey H:\Pmop+202i Fundings P pplication Econ Dev.doc Page 6 of 9 5,12007 PROPIOSITICN :102 AUNDING AAPLICA'BION 71011'N OR HOUVI AIN Ell LL9, ARIZONA POLICY ANU F ROCEDU'RFS FOR PRIUIPOSI]TICIN 202 FUNCIINGI In circer rct smtrc lan the Town c Fat nu in Hills. Arizona (the "Towns' the ba r.efivs of 11a India a Sell Reliance It itiative ("Plopl. 21)2") pa;ised by the Ar zuina voters in tha 2002 state genera Cloonan and codified in Atrial. Rt:v. STAT. § 9-Sfll.Cl?, anc 10 promote the test inter=.tl Of the Tawin, tlla ilollowing Policy and Pdoa ecu rcis for Prop. 102 Flunding Ilthis " R licy"1 u heraby adapltec by the M aycit and Cat:neil of th(i Towt Ithe "Town Council"). Unc eu AR12_ Rtiv. S-nru. § 5-601.02, P1u G1. 2(12 ilunds tray bd solicited by cities, towns and counitas Ilrom Arizc no Indiatn Tribes ltr gcverr 1rlent services th11 be rt fit the teneraI pudic, including (i) public safety. Ilii) mitigaltian (I the irriplacts of gwmtngl nnc Viii) pnimotinn oil commenx and anonomie dv,clolplmerit. Because the legislation requ itXIF than the lknds be solicited by a municipahly cir county. the Town has been approached by various entities reques'ling that Prop. 2(11 funds hd plrocu acc cin their tki alf. Accurc irigly, the Tuwn Cour c-il has esitall li shed t a falloivingl Rolicy to cruala a oriiform pruplosal plroctss fcrsuch erititier. ARTICJI,R 1. Ginieral Policies 1.1 Qualified Entitie:j. TK Town will onl;• accept and plrocass fllrr pasals 1101 Prop. 2Q3 Ruads made by itself on Uy Town-hasec , non -Froth alrganiaations ("Qualilled Enlities'I. 12 rftarelian Retairtd by Town Mana£cn. "llhel deci�-ion to process a Qualifiec Entily's prciprsal shall be ne1ained by the Towr Managar, ori hip• cmipneei, subject to the applicatirin c 0 sections 1.3 and 1.4 of this A n irle. 1.3 Tit as Applicant. If, in an)i flivea quaver, the Town submiits a propgaal &m Prkin. 202 funds, it will not 1P'cwers plronosals fmrri QualiOiec EnWivs fat 11hal pariculasquatier i1 the annlicant is uequt sling funds fromi the same Ir`h(! ar the Tovrr. finch Qualif iec L•ntiti(s n a, rcqueit that the Town hold thein pnonasals I'm proccssing in a lluture cuaiieu in which the Tov,n is not an applicant. 1 .� Aneferrtu Fund Use 51chec t le. WI ore mu Iti f la Qua lificid F.rititics haves subm iitad Ircposals fon Prop. 2(12 funds Ilon the same gturan. fnarri the same tribil, the proposals !hall be proee;set in accalydar ce with thci fallowing) sahecule o1 pra0eraed furd rlsas: a. M I1c Safety. h. Miti€latictn (11 irr pacts a flaming (Ii.a. educaticm, socicl serviccis anc health canis; C. Rromr tion of cornu eruc anc econ(mic develeiplaicnt (i.e., it'anspurtation and triur sm ). H:\Psopi 102-+ Fundingi Apptiaation Eaou Deli.doc Page 7 of q Sd2007 PIROAOSITION 202 AUINDIING APFILUCATICN 1.5 Rcirrburymer t 11(1n Costs. All costs ineurmc H;' the. Town in connec tiro wit] ti the adrainirtraticn oil a pmpnsal submimicut and (ii the dislriHutfor of Prupl. 202 Bunds cliall be st biniciee drain the total amount oil Noll. 201 funs s avrartkn:. iIan-.-. to the "flown am behalf at' the Qualified Rntily. Sich aasis ma,• incluse, Hut aiie not lin-Mcc to {i) stailf time rplent praversing he application anc any res ulling final repelrt. ltij audi ing ilae!i anid ,jiii; Icgal Peas incurrac in the plrapanarticir of a ivisolution, inter€lo+,eirnmantat amearrieri and any, ether legal dccurnatil assaciatec ic•iih tnansfemnp the] Brop, 20 fundi to the Qualified Entity - Lt Huncs Buc geted by Town. If the Qualifies Entity receires Rrop. 112 furd!i. the cistribution cif those funds will nut i>d uscc la tiupplant II'undini,. ifl anv, budgeted b!• the Twi n fbn dictribu ion I IHat entitc it the applicable fisezI year. 1.11 flinel Rc®or. pry Qualified Entity neceil•ing Prop. 2a2 funds shall subiniit to the Town, no less it in 30 da -s prior to the end cd the fiscal] ;car in which the funis were dishunsec. a final and actmpletc rapt n cictailing how the 1luncs vrcre actually splent, L8 hIodifiration. 11he Town Clounoil may rr odill] this Holies- fivitr.i time to tima. AF 711CL812. Pratnmal Rlectuhmimenits 2.1 Ddadhne t 4ci 41pply.l All proposals fan Propl. 2102 funds shall he sullmditicc to the Town Cleuk no less Ihan 60 days prior to the daadlinc llon such prorev is as cetenrtinec bi, the respective iritis fur that particularquaren. 2.2 Arf prnsal Gnntenit. The puopc.ral shall, al a minirriun, contain thci hollowing information: a. Qualificc Entiir Infnnratior. The Qualified Ertiq shalt plrovide a gencnal descrij ficin sill itvclf, including its corpurula anc arganizafiemal sirucituni. 'this ccscrigticin should aha inc k de the names of all officers and/or corporate c inx-tors circatly reilatec to nr associated will t11e. Fliapaeee adtministrauon of the Prop. ]p2 funds. b. Applicant Contact. Ite Q ualificd Entil1, shall pro-ide thea name, adclrcrs. phone r umber, ilacsimtile, erniail and cher relevant information fcir the primary contact kr the Q ualitied Er City. C. Delailec 11usctiptian. The Qjtalifiac Rnttly shall provide a detaileic ceseripticn of tha mianwir in which the Oran. 102 fundi, i1 m+,arcec, will be usetd. This description should also include a ria cment of ho+v the plupasec uses Cil thei funds meets one os non of i he F urposes sat forth in Sccl ian Li aho c. d. Estimacd Costs. The Qualifies Entity a•hall indicate the collar amount bding rtiquested befit the trifle inclucing a ectailed budget. Pccitionally. the Quulifiec Univ should nrovidf um• supiporinll doounieniatioin ccrrionstraiing Mat the :mount rcquusted is direcili related to the use puopgsed. 91'kJ.WttiYrua. Jcr; pp6,:y,3 ui� S •?7 •Ui-7 13:'Prop 1202+ Funding+ Application Hcon Dev.doa Pago 9 oil 9/2007 PRIOPIOSITION 202 FUNDING APPLICAUION e. ➢nfdrmat'an Rloqueaaee by Ile Mibn. In dl.e eiveni thait tho tribe has issued a solicitation cf 1 ruposais tIi it rcqumis ilnfarmiation reale sp uifrlcal, y required by IH is A r[ic]e, the propgails Qnust. incii that irfoln°iation as wal8. :1.3 Inc w ipleile A 90=119. In( icirnple`tei props sal s will not be F Meessed_ 919d4011j", a W pCm1r)*.+3fjDC d,231Di.1 E:\Frop+202+Paneing+Aplplicatfon Edor.i Democ Hage 9 ol9 5/2107 APPENDIX A: Grant Priority, Template Department: Administration Grant Request Project List for FY 18-19 Project Name Council Goal/CIP Relation Brief Description Target Dates Priority Funding Amounts Grant Opportunities Alternative Plan if not funded by grants Potential Project Manager Fort Economic Prop 202 FY 18-19 High $10,000.00 Fort Reduce Scott McDowell Development funding will McDowell regional Cooper Yavapai Stakeholder be used to Yavapai marketing Nation Prop Partnerships add Nation Prop efforts 202 additional 202 Funding Funding marketing exposure for regional economic development. This form can be found on the Intranet under Document Library. 22ssn+s APPENDIX B: OMB Circular and Publications Descriptions Catalog of Federal Domestic Assistance: This site provides a full listing of all federal programs available to state and local governments (including the District of Columbia); federally - recognized Indian tribal governments; territories (and possessions) of the United States; domestic public, quasi- public, and private profit and non-profit organizations and institutions; specialized groups; and individuals. Visit: httl3s://www.efda.gov/ Code of Federal Regulations (CFR): This site provides the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the federal government. Visit: htti)://www.apoaccess.goy/cfr/index.html Federal OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (relocated to 2 CFR, Part 225): This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments and federally -recognized Indian Tribal governments. Visit: htt)://www.whitehouse.gov/sites/default/fileslomb/assets/omb/fedrew2005/083105 a87.pdf Federal OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments Common Rule: This circular establishes consistency and uniformity among federal agencies and federal grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with state, local, and federally recognized Indian Tribal governments. Visit: http'//www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a 102/al O2.1df Federal OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (relocated to 2 CFR, Part 215): This circular sets forth standards for obtaining consistency and uniformity among grantees and sub -grantees (sub -recipients) in the management of grants and cooperative agreements with institutions of higher education, hospitals and other non-profit organizations. Visit: http•//www whitehouse.gov/sites/default/files/omb/assets/omb/circulars/al10/2cfr215-0.ndf Federal OMB A-122, Cost Principles for Non -Profit Organization (relocated to 2 CFR, Part 215): This circular establishes principles and standards for determine cost of federal grants, contract and other agreements with non-profit organization. The principles are designed to provide that the federal government bears its fair share of costs except where restricted or prohibited by law. Visit httn://www whitehouse aov/sites/default/files/omb/assets/omb/fedreg/2005/083105 al22.odf 2 2253174.5 Federal OMB A-133, Audits of State, Local Governments, and Non -Profit Organizations: This circular is issued pursuant to the Single Audit Act of 1984, P.L. 98502, and the Single Audit Act Amendment of 1996 P.L. 104-156. It sets forth standards for obtaining consistency and uniformity among federal agencies for the audit of states, local governments and non-profit organizations expending federal awards. Visit: http://www.whitchouse gov/sites/default/files/omb/assets/al33/al33 revised 2007.pdf Federal OMB A-133 Compliance Supplement: The compliance supplement is based on the requirements of the Single Audit Act Amendments of 1996 and 1997 revisions to OMB Circular A-133, which provided for the issuance of a compliance supplement to assist auditors in performing the required audits. While supplement is intended to provide a tool to both federal grantor agencies and auditors in setting forth the important provisions of federal assistance programs, it also provides guidance to recipients of federal assisted programs. It includes program objectives, procedures, and compliance requirements. Visit: littp://www.whitehotise.eov/omb/circulars/al33 compliance supplement 2012 Grants Management Common Rule: On March 12, 1987, the President directed the federal grant making agencies to issue a grants management common role to adopt government wide terms and conditions for grants to states and local governments. In 1988, OMB revised Circular A-102 to include guidance to federal agencies on matters not covered by the grants management common role. The attachments to Circular A-102 were replaced by the grants management common role. OMB maintains a chart which includes the locations of federal agency modifications of the grants management common role. It is important for a grantee to review the regulations of their federal awarding agency. Visit: littp://www.whitehouse.gov/omb/grants chart/ Single Audit Act of 1984 and Amendments of 1996: The Act requires governmental entities that spend over $300,000 a year in federal awards to prepare a Schedule of Expenditures of Federal Awards (SEFA), which is audited annually. (OMB Circular A-133 revised this threshold to $750,000 beginning in 2015.) This is the responsibility of the Town Finance Division. OMB Circular A-133 incorporates the requirements of the Single Audit Act. Copies of the Town's most recent Single Audit Reporting Package are available upon request from the Finance Division. The Single Audit Act was enacted to ensure the accurate accounting of federal grant funds are in compliance with program standards. Material non-compliance findings cited in the Town's Single Audit Reporting Package, including failure to accurately report federal expenditures on the Schedule of Expenditures of Federal Awards, could result in loss of grant funding. Grantors are required to monitor their sub -recipient's single audit findings to help ensure that findings are corrected. The Finance Division and the department administering the grant ensures that grant activity is accurately reported on both the grantor financial reports filed with the grantor agencies and thea Schledulc of Expaidituiles of Badenial Awards piiepared BN trlei Financia Division foil tl:la Iawn's Single Audit Reporting Aacklage. APPENDIX C: Grant Project Profile Worksheet This form can be found on the Intranet under Document Library. 2253174.5 GRANT PROJECT PROFILE WORKSHEET 1. In one sentence, describe your project Prop 202 funding will be used for additional idea. What will you do? Where? With regional economic development marketing to whom? When? And why9 better showcase the surrounding area for business attraction. 2. What broad categories of Town needs Regional economic development or opportunities does your project address? (Think in terms of general labels or frames.) 3. Describe the specific need or issue in In our Town, the current situation is this: we the Town that your project will address. lack additional funds to increase regional economic development awareness 4. What specific changes or outcomes do We intend to achieve the following specific you intend to achieve in the Town as a outcomes: increase awareness for our region as result of your project? a place to (re)locate business and increase high wage employment opportunities 5. What are the major steps you will need Research, design, implement and increase to take to make these changes happen? marketing strategies 6. What resources will you need to Support from IT, Chamber of Commerce, accomplish these steps? (people, FMYN economic development department, equipment, materials, training, supplies, Greater Phoenix Economic Council and the services, other Town departments, etc.) Arizona Commerce Authority 7. Approximate total cost: $10,000.00 Match $0.00 8. Who else has a vested interest in Chamber of Commerce, Fort McDowell working with you as partners on this Yavapai Nation, Greater Phoenix Economic problem or opportunity? Council and the Arizona Commerce Authority 9. What information, tools, data, etc., will Measurable ROI — web and social media you use to decide whether your project analytics succeeded? 10. Who will be the grant project manager? Scott Cooper Submitted By: Scott Cooper Date: 4/4/18 Telephone: 480-816-5104 This form can be found on the Intranet under Document Library. 2253174.5 APPENDIX D: Grant Check List Project Name: 2018 Prop 202 Funding — ED App. Due Date: TBD Department: Administration Contact Name: Scott Cooper Ext. # 5104 Procedures for Developing and Submitting Grant Applications • Confirm purpose of the grant project meets Town Council Strategic Plan Goals and Operational Priorities/department goals. • Read and understand entire grant application to ensure that your department has the appropriate resources to comply with the grantor's requirements. • Develop grant concept including estimated budget and expected funding sources approved by Department Director. • Grant entered into the grant management system. This system includes project description, total cost, grant amount requested, source of funding, match, ongoing cost implications including additional staff, if any, special conditions and application due date. • Consult with other affected departments (e.g. engineering if it is a construction project) who will support or have the capacity to implement your project. • Town Attorney to review if Resolution is required prior to grant submittals. • Obtain Town Manager's signature prior to grant application submittal. • Prepare draft Council communication requesting authorization to apply and accept grant if necessary. • Complete final review and editing (a pair of fresh eyes are best), making sure to check the application against the grantor's instructions or the RFP. • Send copy of the signed application to the Grant Project Manager for archiving and distribution. II. Procedures for Accepting Grant Awards and Post -Award Procedures Congratulations! Now you need to: • Whoever receives an award notice/notification should send a copy of the award notice/notification to Grant Project Manager for archiving and distribution to Finance. Grant Project Manager will forward a copy of the award agreement to the Finance Division with a completed contract/grant information sheet for tracking purposes. • Set up a meeting with the Grant Project Manager and the Finance Division to reconcile the accounts associated with the grant. During this meeting, you will review the grant requirements and you will be responsible for meeting all of the grant requirements and the current Town and/or State approved record retention schedules. u5sv4.5 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 4/1712018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Kevin Snipes, 480 816-5178, ksnipes@fh.az.gob REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF the THIRD AMENDMENT to contract #2016- 128C with Geuther Electrical, LLC to increase the amount from $120,998 to $135,998 for electrial services Applicant: Geuther Electrical, LLC Applicant Contact Information: 745 N. Gilbert Rd. #124, Gilbert, AZ 85234 Owner: Dan Geuther Owner Contact Information: 480353-8650 Property Location: Town Property Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Staff has been utilizing this vendor to repair and upgrade electrical in the Town's parks. The dog park at Desert Vista Park had several light poles that were damaged or knocked down from storms causing a safety hazard. As work progressed at the dog park additional electrical issues were discovered, thus increasing expenses. A contract amendment would allow for the completion of this work as well as have this vendor be available for additional projects as they come up through the end of the fiscal year. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Not to exceed $135,998 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Various Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approving this amendment. List Attachment(s): C2016-128.1, C2016-128.2 and C2016-128.3, SUGGESTED MOTION (for Council use): Motion to approve the THIRD AMENDMENT to contract #C2016 -128C with Geuther Electrical, LLC to increase the amount from $120,998 to $135,998 for electrical services. Page 102 NHA 7 � 4/4/2018 Director's Approval Rachael GcptlWn, Corr"Services Director 4/4/2018 Alp P vetl: 4 Grady E Miller, Too ger• 4/4/2018 Paget of2 calx r, Town of Fountain Hills 16705 East Avenue of the Fountains i m E `g Fountain Hills, Arizona 85268 :! �7 Phone: 480-816-5100 Fax: 480-837-3145 www.fh.az.gov REQUEST FOR QUOTATION For Electrical Services 2016-128 1! All quotes due by July 13, 3:00 P.M., Local Time, Phoenix, Arizona. The Town of Fountain Hills (the "Town") is seeking a licensed and qualified vendor to provide all material and labor required as described below on an as -needed basis for a period of one year, with four renewable one- year options. Section I — Project Information Vendor will perform all manner of electrical services for the Town to include, but not limited to: receptacle and switch repairs, lighting installation and repairs and troubleshooting electrical wiring issues. Pricing will include the hourly labor rate for normal daily business hours services and the hourly labor rate for off -hour emergency services. The quote will include the vendors source to where a majority of the required parts or materials are purchased from. Also include any mark-up or discounts to parts or materials the Town may experience. The Contract created by this request and the resulting quotation will automatically renew for up to four successive one-year terms, unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then -current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature, prior to the end of the then -current term. Section 11 Instructions and Conditions This is an indefinite quantity and Indefinite delivery Agreement for Services, which shall only be provided when the Town chooses to move forward with a pending project and proper authorization and documentation have been approved. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. Vendors must state the manufacturer of each product quoted on in conformity with the specifications. All quotations must contain the quoting firm's name and be signed by an authorized agent, officer or employee. Award will be made to the Vendor whose quotation is the most advantageous to the Town. Please attach your Quotation behind the Exhibit A cover sheet and submit this document to the address above. If you need additional information or have questions please contact Raymond Rees by email rrces!ulh.az.uov '3]51763 III VOL need .ac ditiorial infammatior cir havei cluesl ions please cor tact Raymond Rues by email rnecsna�fh.az.acrv. Section III — Pr cingl llhei Cialilican shall to Ettactec tereito ais E)hibit A anc rhall ceiniain p0cinig. Nola: Prices ofieaec stili iricluc a appliieablei state ane lacail i aneiei. !lection Ill -- Ex ecL tic it anc Slubmissicin By eMaeL tin® tt Is docL n e nit anc sub midi ing a c u of anion tci the Tcwn of FOIL stain Hills, thea aL til c iiia eic aglarit a®Ire e s ill h e/she t as reiac i h e Tc wr i's ! I ani Te nmi anc Canditioris, c ateid Cleciumb er --I, X1114, ai seR fcartt can the Town of Four I Win HIII9 w eibsitei alwwui.ilh.az.a¢cav/pa-i arms), whict ane incoglorateid irtci aind baeame ii narl cf the ciompaanys cuotatior offer as if sat fcarih fLQy heineln airid (11) 11 company shell bei toured by thea Stant arc llemis and Conditions, datcc Deiciembea 3, 210914. By signilrig bcicaw thea ccimplairiiy is ofilerir g to Fleo%ide the scan ices seat fcirt h Irii xt it it A anc L pion wnitteni a cce ptancaca al th ei carr pilriy's ofile r ty the Town, it will t a%e anterec iris c a t irid ing agreement. Tt a affe r st all t e ccinisidcnaec halt open fcii (l0 d ays Tram the cIIL otes c u e c atea seat north above. Painited Name: t )A tj s Tit e: Carnpary Name: . - Adc ness: nA s Q- C4.1 t _zC:;k? ._(' Xj 012 L- clity: CAI I -r Stone: Email Ac dress: GL4k'tgg I�,C;X ' k ( n (' �ht ^ + i _ llelcaplhone Nca. ' � ,S ��5� 9 IyM Cluotetions fcar $3113,000 or greater w1111 nol t e aiul horizec and will neiqu Ire a fcirrrial nrociureiment plrocess. AICCEP11ANCEI OR OFFER AAID CC NTRACf AMI ARD (Ror llciwn all Rau rtaln Hills L sai Orafy ) lite Contractor Offer is t erab) acuepi ed. lite Cc ntracton O ail rot commence any billable H ark ao provi(ei any mal eriah cin service uric er tt is Contract pries lo til a dial a it is Ca rtnact is S) Saul ed. Town oil Fownil aain Hills, aro Auizciira municipal canporaticari 0 Dates: / 1 l o/,',,� IN= Mile] Torn ri PIttcnarey' vat: 831913170 241alr A i 2 2375176,a 8) HISIT BI TO F EQUEST FOR QUOTATIC N FOP (Prise Sheat) 3375176.3 Ge u it H ur C]lual riaal, LILC A43 N. Gilburt Rd. Stu. 1'14 PM 13 193 Gilbarl. A21 Elf 234 I N.ime,l Ac dress I 'I ov m of Fountain Hiila Parks and Revroatic n 16705 fi. Ai -c. c tithe Fountain: Mountain Ifill,, Ai. 852611 Estim ate Date plstirr atei Al 7,113/2015 192 Cusllomen 9igratara Flncijeal Desariplicln all COW Tc tal Ia hihi A 1- Labda rate !x a hnua Onc Electrician 1 80.00 80.00 2- U bd n rate !x a he ti Tera Gectaician r 1 120.00 1 �O.00 3-A om A 1 busincs:- haws - htondav through TridaY f 1:00 AM to 2:00 PNI 4-1'c ur houn minim um al argc fon emergency call out norrr al rate applies. ii c do nc I aharge additional cont for of •crtimc. 5 -Mont crani rratcrial is purchased form CLD Scottsdale. 6.Our eitar daad mark tip it , 0%. Sah•+ Tax 0.00 0.00 T 011all S100,00 Cusllomen 9igratara FIRST AMENIINMNT TO CONTRA CTI NO. C1016-128 BETWEEN MIE TIOWN OF MUNDAIN HU 11 SI AND GEU- IRELECTRICAL,LLC MS RMST AMENDMENT TO CONTRACT 'NO. C21016-12 8 (this 'Tint Amendment") is made a: of Octoben 6, 2016, between the Tbwu of Acuntain Hills, an Arizona municipal corporaatic n (the "Town"), and Geuther Eleicatrical, LLC an Ariz c na limilted bahlility company) (the "Contractor")„ RHCITALS A. The Tcwn isisued Request for Quotation C2016-128 (tba "QSIP") seekinlg bids from cicntractcrs tc pelrform electrical siervicesi (the "Slerviicesi"). Thea Ccntractcr w,;iponded to the Q SF and the Town and C ontrlacalor entered into Ccritract Nc . C206-1128, datead July ] ., , 210115, for the ppaovision of the Slervicaes (the "Contract"), a trule and caornect copy cflwh>ich is on fine with the Town C leak. All of the capitalized terms not c therwi.ie d efined in this First Amendment hate the siame m eaninp a, i d efin ed in the C c ntraM B.. Thda 'Down ML -,i detemninead that it is raece4maryl fon the Contracicr to performs additicnaal electrical services (the "Additional Services"). C. Thea Tkwn and the Contractor de.irea to enterl inks thL Firstl Amendment to (i) extend the terms cif the Agreement and (ii) provide fir tole increme in cc mplensati c n tc th e Corahlacton for thle Adds ticnal Slerviices. AGREEMENT NOW, TITEREFCRE, ira ccnsideratiovi cifl the foregoing) int loducticn and re:citalsl, whicbl area incicrporated Herein b131 refbrence, the following mut" caovenantsl and conditions, and cther gpcd and valuable consideration, the receipt and sufFicienay of which are blenebly acicdcwleadgead, the Tbwn and the Contractor Herebly11 agrlee to amend tole Conatraict as fc llcwsa: 1. TkmL Thea term of the Ccntract its Hereby emtended through July ]I<I, 2017. 2. C c mpensation. The Ec wn siblall increasie the aompensation It i Contralctor blyl not mane than $301,000.00, foie the Additional Services at the raalle, set forth ini the Contract, resiultirig ins an increase of tie aggilegato not) to -exceed compens aticin fidrn $29,9991.001 tc $59,999.00. 3. Effect of Amendm ent, in all other resiplecatsl, th e C c ntrlml is affirm ed au d raatifiead anad, exceplt asi expressly me difled herein, all term and conditions of the C ontrlacil shall remain in full force and effecat. 2rn75P.1 4. Nona-Defaulti Ey executing this first Amendment, the Ccntrwtor affirmativeily asserts that (i) the Town is not currently in default, nicr has been ini default) at any time y1dcr it thisi First Amendment;) under anryl of the terms or conditions of the Contract and (ii) any and all claims, known and unlmcwnl relating) to the Contract and existing cn or bleRm the date of this First Amendment) are foireveii waived. 5. ]Israel. Contmctor certifies that) ill is not currently engaged in;l and agreeis far the durartion of this Agreement that itwill nctl engage in, a `Icyaotf' of Israel, &q that term is defined in Am. Rdv. SITAT. �j 3211-393. 6. C c nflict of Interesit. This Fir;,W Amendm end) and the Contrast may be cancelled Plursuantl tc ARm. Rev. STA 1. § 38-511. [SIIGNATURESI ON FOLLCWINGPAGES] 27171iISP A IN WITNESS WHERBOF, the parties hureitc flaw executed the sl instrumlenll as of the data and yeiar seal forth above. 'Town" IOWNI Of BOUNTAIN HILLS, an Ari zc na municipal cc rporatlon Grady E. ler, To Manag er ATTBSIT: is � M. —MM � I (ACKNOWLEDGMENT ) STATE CF ARIZONA ) ) Ssl. C GUNTY OP MARICC PA ) On Ct-OoU-j, jt-� , 2016, before ma personably appearad Grady Fl. Milled, the Tc wn M snag er of tha TOWN Of FC UN TAIN HILLS„ an Aril c na ro unicipal c orporatlonll m hose identity wasi provan to me on the Basis of siaitisifaictcry evideincei to be tha person mlho het claims) to ba, and aclknowled g ed thal be signed tl a above c ocumentl ori behalf) c f tha Town c f Dour twin Hulls. JE=stateofPlri;iona S EON:otaryPubliclri;ionaN aj, (IoiresA FI9 (Affix nc tart' s eall Elm) 11 S I GNATURES CONTINUE] CN P OLLC WING P AGB] 2 IT 924.1 z N ry Pul6lic 11 S I GNATURES CONTINUE] CN P OLLC WING P AGB] 2 IT 924.1 z "C oHntrac it oin" GEUITHER E LEC TRICAL , LIC an Ariz ona limited l iatlili ty co mrp any By- )N-1,sli Names: Title: (ACKN OWLE ID GME NT) S TATE C F A.RI2 ONA ) CC UNTX 0 F MARJICO PA ) Or :2 r; r�bea-to—?}-'-,h/--, 2016, tlefcrti me reisorially appleazeid } (rt LC a e the , 4of C E VTHER ELECTRICAL, LIC!an Arizenai limited llability cemiplany; willow idemtityl vcu provien tc me on the basis of siafsfactory evidence to be the person wblc hle/sible claims to be; and ackdcwleidgled that ble/siHe ,signed the ablc va d ocum ent om bleHalf of tb e limited liability) company. 05 �N arm Sar�l � paCoPubUd ourdy, kkm I At COM. EVkw 03-10an (Affix nsc tary ,seal hesres) :17779AU A Notary Public Ccirlracl No. C2016-128.7 SECOND AMENDMENT TC CC NTRACI'll NCL 02016.1128 BETWEEN THE TO WN OF IF OUNTAIN HMLS AND GEUT'HER ELECITJit11CAi., LLC TIES SECOND AMENDMENT TIO CONTRACT NO. C2016-1281 (this "Second Amendmemt'� is made as ofIEeblruary 2, 2017, beatweaen the Town of Fcauntalin Hilhi, an Arisona muniaipal caorparaldlon (the "'Towns), and Geuther Elleactricaal, LLC ani Arizcma limited liability company) (d a "Cc ntra cl or'). REIMALS A. Thea 'Down) h sued Requlest fon QuotaltIonl C2016.128 (thea "Q9P") soaking bids from contractars 110 perform electrical se:rviaes (the "Services"). The Contractor nespgpdead td the QSH and thea Town and Condradton entered in110 Ccmdrad No. C7016-178, dal ed July 1 _I, 201`1, as axneandad by that First Amemdnr emit, dated Ocatot eii 6, 20181, fox the provision of the Serviacaes (caallecti vely, the "`C onitr'alet , a true and ec niecl copy cafl which is on B a with the Town Clerk. All cif thea aapitalized terms not otherwise deafined in this Seacond Amendment haavc the same meanirgs as defined in the Contralcat. E. Thica Town has determined that it it necessaryl for tha Contradtcui to perform additional cdectrica' sierviaes (the "Additional Services"). C. The Tawn and thea Contrzactcul dasiirea to eaten inato thisi Socond Amenidment to provide fan tha increase in caompense lone to the Clonitraclox fon thea Additlonal 9ervice.i. AGREEMENT Nota, THEREFORE, in cions iderationl of d e fbregaing intro duction and recitals, whish are inlcarporated hcnieinl by neferencae, the folllowing mutual covenants and ccmditions, and othear good and valuable consideration] d a receipt and sti fiaicmlcy of which are hexieaby acknowledged, thea Town and the C ontracl on herebyl agrelci to amenld thea Centxact as ft llcws: 1.. CcLmpenslatiom The Town shall increase the caompensation to Cc ntracl on li y not mcnie than $1510,0001.00, fon the AdditlonaJ Servicaes at thea rates set forth in the Cloriftwlt, neisultinlgl in art increase cif the aggregate riot -to -exceed compensation frcam $59,999.00 to SIOSI,S199.00. 2. Flffect cif Amendment. In all other nespeacts, the C loci tralct is affirmed and ratified and, exaept as exprvislyl modified herein, all tdrms and con itlons cif the Contralcat shall remain in falll fbWe and effbct. 3. Non-Dlelfault. By executing this Seccmld Amendmenat,l the) Ccmtreem affirmatalvelly asserts that Ili) the Town is not currently in default) nar blas Emu in defy ull al any time prior tca 2178266.11 Colida utoe, GHUTHERI EILHCTRICAI, ULC an Ariaonei limited liabillity1 coir pany Title: t9 /. t4ae- 1IAC KNOWLEDGMEN T; STAB OF ARIZONA ; ss. COUNTY OIl MARICICPA On Z:61A I :}. 20117, befone ine pamondy appeared t>Gtylle I S G eu ,S/ tb aint" ev— afl GEUTHF M BHECTRIC AL, ILC an Arizonai hmlted haib:ility company, w ose ideinfityl wail proven to me on tte basis of satisfactory eviidericei to be the persan vuho he/she claims to be, and adnowledged that ha/shu signlec The abovei document on beihalf ofltbe limited liability campmM. l pwft (Affix notary steal here) 287826(.1 r this Sucon d Amen dmeint, under aryl of tb a terms on cared itions of thea C antracl and (ii) any and all claims, knawni and unknown, nelatinlg to thea Cantract and exi; t ng on or before tbei dalci of this Second Amendmant ara fbreNien waived 4. Clonf icd afllnteneist. Thais Secianid Amer dmeint and tta Contrast may tla cianceilled pursti an 10 ARIZ. REVI. STAT. ,I � IN W]TNESS WHEREOF, tta partie.,i heireilo haves wiecnrteid this instrument as ofIde date avid yeah sat forth at ave. "T(wn" TOWN OF FCfUNTIAIN HJILLIS, an Ariaomi municipal corparatilon GradN E. Mil r, own Manager ATTIESTI: 141 =�AMMJ (ACKNOWLHDGMEN'II; STATE OF ARIIZONA Hs. COUNTY OF MARICOPA On 201, befbiie me personzdly appeared GradN E. Miller, the Tciwn Mlanager of tt e TOWN CIF Il OUNTAIN H LIII S, an AxL- ona municipal corporation, wt ose idenlityj wa, praven tame on the t asisi of satishielory evidence tc bei the pear; c r wbla Ila claims to ba, and �icknawleidgcd that hes signad the at ave documents an behdlfI of thea Town of Flountzin Hills. FPIULAD ?doff ryn=AuWQu9 MA• a i Tvlyis' 6210 (Affix notary seal henei) a 878:! MI.I i op'" Nc tary PuBlic [SIGNATURES CONTINUEI ON F OLIIIOW ING PAGH] Coin 1 Ir ad No. C2016-138.3 THIRD A MENS ME INTI TC C C NTIRACTI BETWEEN THE TC WN OF FOUNTIAM MULIS1 AND CEUTIHERELECTRICAL LEC THIS THIRD AMENUMEM TC CCNTRACT (lhis "Third Amendment") is anlered inlo as of April 17, 2018, bletWeen the 'Down of Aauntairi Hills, ari Arizoria municipal corporation (thea " Ilown" ), and Geuther Ell ectrical LLC, an Arizona limited liability complanyl (the "Clontractor"). RECITAL 9 A. The Town issivad Request fbr Quotatior CM16-128 11the "QSPP') seeking bids from coritracllors to perform electrical serviaes (the "`Services"). The Coritraclor reisponided to the QSPI and the 'Down avid Contractor entered inlo Contract No. 2016-128, dated aul)I 15, 2015, as amended b)I that Furst Am aridmarit, dal ed Oct obar E , 2016, that Slecond Amemdmerit, dated Flebruary 2, 2017, and that Change Crdar, dated October 16, 2017 foci the prioviisiori of the Serviced (collecilivelyl, the "`Coritrad"). All capitalized terms riot otherwise defined in this Third Amendment have the same meaning as aontalined in the Clontract. B. The 'Dowr has d etermiinad th ait it is niecessary fon the Contractor to perform additional ellectrical services (thle "Addit7lonal Slermices"). D. The Town and the Clontriactor desire to eniter into this Third Amendment to eaatend tile term of 1t a Coritracl and to provide for the incream in complarisalion to 11ha Couhlactor fon the Additional Slermioes. AC RE HMENT NOW, THHREFCRE, in corisidaration of the fbragoing intrloductlon and nciaitals, Which are incorplorated herein tly neferenaa, the following mutual covenants and conditilons, and other good and valuable consideration the rece:ipll and suffioienc)l of whlicih are blerebyl acknlowlladgad, the Towr and the Conitracllor herebYl aigree as fbllIows: 11. Terni of the Contract. NotWithstanding any provision to the contlary, the Contract shat] remain in full force and affect until April 16, 2019, unless tenninaled as otherwise provided pursuant to the harms and conditions of the Contract. Following the conclusion of th's term, and upon the writtean caonsent of the Partied, the Cor.atract may be extandad fbn upl to four additional one-year terns. 2. Compensation. The Town shall p aM Cor tractors up lo $13,000.00 fon thea Additionaa Servi:icmi at the naleas set forth in lhei Contlact, nesulting in an :incarciaso of thea aggiegatea not-to-exccaed compensation fromi $;120,998.00 toll E15.,998.00. �I. Effecit of Amcandmcnl. In all other nespcactEi, the Contracat is affirmed and ratificad and, excepll as expineEisay modified heneir.i, all terms and conditions of thea Contract sball nearrain in full forcie and effect. 4. Non-DoMult. 1331 executir g this Third Amendmcanl, the Contracaton affinmativel)l asserl s 1 haat (i; thle Towr is not caurrcnl 1}l in deafault, non b as peen in d efaulll at any time plrim to this Third Amendment, under any of the rearms on conditions cf the Coritraol and (ii,' ar.y and all olaims, kdown and unknown, relating to the Contraol and existing on or bofbro thea d ato of this Third Amendment are foremen waivod. 9. Isnacal. Contractor codifies that it is not (iunentl)l ongagead in, and agilees fbr tl a dui atlon of I i hi s Con traol that it will not enigag a in a "boycaotl ," as 1 hat term is d efinod in ARIZ. REV. STAT. § _� 5-393, of llsi aell. E . Conflict of Inl eresl . This Third Amendment and the Contracat may lie oaricel ad byl tho Town pursuant to ARI2. RHVI. STAT. § _� 8-511. [SIGNATURES ON FCLLCWING PAGES] "Comitnacltor" GBUTHBR BI IBC IIRICA I IIIJC By: Name: -D � &g'L1;`( f� I IA CKNOWLE D GE MEN T) STATE OF AR1210NA ) SS. CIOUNTYI CF MARICC PIA On y Z , 2M, , blefbile me petlsonally appciared �M d e&41zey , 1he ,qw«lr— of Geuther Electrical LLC, an Ari2ona limnted liabliliiq company, whose identity was pilo-vienl 10 me on tra basis of Eiatisfactory cividarlce to Ho the penlsonl w1lo lie cdairris to bei, and aekn'owledged than Hci signcid the abovci document, on behalf lof Cauthen Electrical LLC. i%a^tr��B MELIMADRI9P NE NEIIEL NIEI9 PIf1N Notarl Public,S[ata cf Pa na lria PvaimCounty r<; My Cloramisi,ission Expires \nom/ At dust 01, 203CI i lA ffix notalry scial hcra) P Mr. N � m' � M., - I, IN WITNESS WHERECF, the particis harate have emecutad and paused to be signad by thair duly authcrized raprasantdtives, this instrument on the date first wrtlen abova. "Town" TOWN C Fl FC UNTAIN HIEILISI, an Arizona Municipal Corponalicn Giiady H. Millen, Tcwn Managers ATTHSIT: Havalyn J. Bar.idar, 'flown Clark (A CKT O WLEUGHM EN -H; STATE CH A.RIZC NA ) ) ss. CC UNTIL OF MARICOPIA ) On , 2018, Hafora me personally appearad Grady E. Miller, the Town Managaii N CFR FC of the TCWUNTA.IN HILLSI, an Arizona municipal aorponalicr.i, whosa kenitit� Wass proven to rria on the basis of satisfaatory evidenaa to be the parsons who he claims to be, and aakrlowladgad that he signed tl a above doaumarit, on behlalf ofltble 'flown of FRountain Hills. Notary P'ublia (Affix notary scial hare' , [SIIGNATURESI CCNTINUE ON FOLLC WINC FIAC H] rV AM�N TOWN OF FOUNTAIN HILLS . 22) TOWN COUNCIL Qa Meeting Date: 4117/2018 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance director, 480-816-5162; crudolphy cx fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF 1. RESOLUTION 2018-25 declaring as a public record that certain documents filed with the Town Clerk and entitled "Article 6-2 Rabies/Animal Control Leash Law" 2. ORDINANCE 18-05 amending Town Code Chapter 6 "Animals" by amending and restating Article 6-2 "Rabies/Animal Control Leash Law"; and declaring an emergency. Applicant: Applicant Contact Information:. Owner: Owner Contact Information: Property Location:. Related Ordinance, Policy or Guiding Principle: Town Code Article 6 Staff Summary (background): The Town currently is responsible for the licensing of all animals that are of a species that is susceptible to rabies. The Town has been providing the residents of Fountain Hills with the ability to license their dogs locally since 1994. The Town is also the only municipality in Maricopa County that undertakes animal licensing; all other communities allow Maricopa County Animal Care and Control to be responsible for animal licensing. Currently, up to five staff members are involved with the processing of new or renewal licenses. Animal licensing was never intended to be a revenue generator but now staff time could be better utilized in providing basic administrative services. Maricopa County Animal Care and Control has been contacted and a transition plan has been established. The effective date of the turnover is proposed to be July 1, 2018. Risk Analysis (options or alternatives with iimplications):. Town could continue to administer animal licensing Fiscal Impact (initial and ongoing costs; budget status): Estimated revenue for FY18-19 was $40,427 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here. Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve Page 4 of 2 List Attachment(s): redline copy Town Code Article 6-2 SUGGESTED MOTION (for Council use): 1. Approve Resolution 2018-25 declaring a public record the document entitled "Article 6-2 Rabies/Animal Control Leash Law" 2. Approve ORDINANCE 18-05 amending Town Code Chapter 6, Article 6-2 Prepared by: Director's Approval- Craig Kuaoipryj, Finance rao ix2uTF Approved: Miller, 4/32018 Page 2 of 2 Fountain Hills Town Code Article 6-2 RABIES/ANIMAL CONTROL LEASH LAW Sections: 6-2-1 Definitions 6-2-2 Powers and Duties of the Enforcement Agent 6-2-3 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification 6-2-4 Anti -Rabies Vaccination; Vaccination and License Stations 6-2-5 Dogs Not Permitted at Large; Wearing Licenses 6-2-6 Impounding and Disposing of Dogs and Cats; Pound Fees 6-2-7 Handling of Biting Animals; Responsibility for Reporting Animal Bites 6-2-8 Unlawful Interference with Enforcement Agent; Unlawful Keeping of Dogs 6-2-9 Violation; Classification; Dogs; Liability Section 6-2-1 Definitions In this chapter unless the context otherwise requires: A. "Animal" means any animal of a species that is susceptible to rabies, except man. B. "At large" means on or off premises of owner and not under control of owner or other person acting for the owner. A dog shall not be deemed at large for the purposes of this section: 1. If it is restrained by a leash, chain, rope or cord of sufficient strength to control the action of the dog; or 2. If the dog is in a suitable enclosure that actually confines the dog; or 3. While the dog is being trained or used for hunting purposes; or 4. While the dog is being exhibited at a town approved show or other town sponsored evert; or 5. While on the dog owner' s property, the dog is under the direct and immediate control of the owner. C. "County pound" means any establishment authorized by the Maricopa County Board of Supervisor; for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent. D. "Department" means the Arizona Department of Health Services. E. "Dog" means a member of the canis familiaris family. F. "Enforcement agent" means the town manager or the town manager's designee who is responsible for the enforcement of this article and the regulations promulgated thereunder. G. "Impound" means the act of tatting or receiving into custody by the enforcement agent any dog or other animal for the purpose of confinement in a county pound in accordance with the provisions of this article. Page 1 of 6 Fountain H'llhi Towr Cocci H. "Mennal" mcians an anclosed, conlro:lled area, :inacaciss:itle to othar animals, in wHal a purscr.i kaepls, harbors or mainlains five aji morci dogs undar conljioLlad conciilions. I. "I ivaslock" mcians r.iaat animals, horses, shaepl, goals, swine, mu:las and asses. a. "Owner" mcians any parson kaeiping an animal athaii than livestock far mora lhan six conseiculiva c ays. K. "Rabias quaranlina area" maar.is anN area :in wh:iah a 91ale of amargancy has bean c aclareid to exist cue to tha acaurrence of raljies in animals in or adjacanl to 11 his area. L. "Rab:ias vacainalian cartifieata" means a melllod of reeord:ing ane duplieading rab:ias information that is in compllianca wilh tha enforcamant agent's :licansing syslani or ar.ifbreamanl agent's prescrill ad forms. A "Stray dag" mcians anN c ag lhrea months aflaga or older running al larga that is not wearirig a valid licanse tag. N. "'laccination" means it adm'nistraliar.i oflar.i anti•raties vaccine to animals ty a vellarinarian. O. "Vailariniarian", un] ass alherwiisa indicatcc, moans any valeirinarian l:iaensad to practicei in this stata or anN vaterinanian amp]oyad in this state by a govarnmani a:l aganay. P. "Velerinary hospila:l" means any establishment cparat& by a vederinarian l:iaewad la praciliaa iri lhis slate that provides clinical favi lities and houscis ar.iimals or birc s for darkil, medical or surgical lreatmenl. A vatarinaryl hospila] may have ac jaaenit to :i1 ar in conjunal iar.i with i1, or as an :ir.itagral plan oflil, pens, sla:11s, cages or kennels fbr quarantine, abseirvat:icn ali baard:ir.ig. Q. "V:iaicius animal" means any animal of tha order carnivaiia that las a pljiopensity to attack, to cause injury to or to otheirwisa endanger tha safely of luman t e:ir.igs w:ithoul ppiavocation or that has bean sa daclarad altar a hearing before a jusilica cfllhe peace aii a cill}l ar tawni magislrale. 1111-07, Arnence(, 06100 13013; N-08, A miendec, 0103/21006; 03-21, Arr enc ed, 12118)IJ003', Sciet�lon 6.2-2 Fowen9 and Dutieis of the Enfoneeiment Agent A . 'ill a enfarccunent agent shall: 1. Enforca the provisions afllhis an isle ane any regcllalions promulgatad EN the catir.icil A. Issue aitatiansfbrtha do.lationofthaprovisionsofthisarticle. The praceduaefor lhe:issuanca oflnoliaas to applaar shall be as pravidcc for plaaae officars in A.R.S. § :I 3-; SICK, exaeplt that tha enforaamenil aganl shall not make an arrasl t aforei issuing tha nat:iae. H. In addition to a] I p lawars gganl ed lo tha sl al a ane the aounl y, 1 he l acal enforcam and agenit may decdaiia a rab:icis quaranlina aiiaa wilhin tha town's juriscicdicn. Whim a quaranlina airea has bean declared, lha ar.iforaamanil agent shall macd with tha slala velerinarian ane reprasantat:ives filom 111 Aiiaona Dapartmanl of Heialth Sarvices and the game and fish departnianil to implament an emerganay program fbr the caritrol of ratices within that araa. Any ragulalions restricling or involving tha mavemenls of livastock willhin 111anl arcia shall bei sutjeat la applraval by tha stale Paga 2 of 6 Fountain Hills Town Code veterinarian. C. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13- 3899. Section 6-2-3 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification A. The eeuaaO sli," --' _---wner of a doe shall pay an annual license fee, as established by the enforcement agent, _..__. as r___ __ ____ Town's ______. ___a_. _. _, separate __,,,,.__,..., ....._...,...... bepaidfor each dog three months of age or over that is kept, harbored or maintained within the boundaries of the town for at least thirty consecutive days of each calendar year. T' e eetmeil may, sh.11 he ,L.. T - The licensing period shall not exceed the period of time for revaccination as designated by the state veterinarian. A penalty amount __..-,....d L. .L.. Cetineil b...esel ..: eFas .. _f the Town's annu- budget shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this article. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession in the town less than thirty consecutive days. B. Durable dog tags shall be provided L•.wn. Each dog licensed under the terms of this article shall receive at the time of licensing, such a tag on which shall be inscribed the name of the Commytown, the number of the license and the date -en ev arin which it expires. The tag shall be attached to a collar or harness which shall be worn by the dog at all times while mnaing at large, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee to the enforcement aeentestab4she449y the C. Twat --}License fees may be set at a rate that isare lower for (i) persons over the age of 65, upon proper proof of age and (ii) dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall furnish adequate proof satisfactory to the enforcement agent that such dog has been surgically altered to be permanently incapable of procreation. D. Any person who fails within fifteen days after written notification from the enforcement agent to obtain a license for a dog required to be licensed, counterfeits or attempts to counterfeit an official dog tag, or removes such tag from any dog for the purpose of willful and malicious mischief or places a dog tag upon a dog unless the tag was issued for that particular dog is guilty of a class two misdemeanor. (09-08, Amended, 07/02/2009; 06-08, Amended, 02/02/2006; 03-21, Amended, 12/18/2003' I $Q„ -Amended. 0 4/1 7/2 0 1 81 Section 6-2-4 Anti -Rabies Vaccination; Vaccination and License Stations A. Before a license is issued for any dog, the owner must present a vaccination certificate signed by a veterinarian stating the owner's name and address and giving the dog's description, date of vaccination, and type, manufacturer and serial number of the vaccine used and date revaccination Page 3 of 6 Flounta:in Hills Town Codec is cue. A cLiplicate of ciach rabieas vaccinalion ccrtiflaail a issuead shall bei transmitlad to lhea eriforcomeant ageanl on ar bcifore thea lenlh day of tf ei mionlh followirig the mar.ith curir8 wh:iah thea dogi was vaccinaled. No dog s1 a:1] be licear.isead un ass :il is vaaci:inanlead in accordance wilh the provisions ofthls arlicle. B. A dog vacainatec in anN other slail ea pri cir to entry :into Ar:iaona maaN be liceansad :in 1he town provider IIal, at thea limie of Iiaansing, thea owner of such dog prescints a vacaination aerlificatea, signeae IN a veatearinarian Iieensec 10 plracalicae in 1I1al statea or a veatcirinarian cimploycid by a governmcintal ageanq in that stale, slating the owner's name and address ane giving thea dog's desariplion, calci of vaceinat:ian, ane type, maanufacatureir and serial number caf the vaacine user. Thea vaccination musl ba in caonfbrmAy with thea plrov:is:icans oflthis artidlei. C. The onforcaemienl agionil sl a:ll makea provisions for vaacinalion dlin:icas as doemiec necessary. Thea vacainat:ian shall ba performer by a valerinarian. Secilion 6-2-5 Elagm Not Pfanmitted at Large; Weaning Licenses A. No person shall :irderlioria:lly, knowingly, reack]essly or neagligenlly permil, allow or cause a feamalci dogi during I or breading or mating seaason or a vicious dogi to bci al larges. For thea purl osas of this subsecat:ion only, a female cog curing her breading or mating seaason ar a v:icaious dog shall I ci doemed al large if it is not wilhin a su:ital le encdosurea 11 al acatual:ly aanfineas tli ei dab, or whean such dab :is noel within a svi'lab] a cinclosure, if it is riot restrainead ly as :leash, ahain, roplea ar cord aft sufiicienl silronglh to aonlrol thci action of thea c ag-. B. No person shall intentionally, knowingly, reek eassly ar ne€Ili€1en11y parmill, allow or cause a -lag in a rabieas gLiarantine area to bee at langca. While on any owncir' s plraperly, eaacah dog shall bei corifinead withln an eanclosure on sual proper N, seacureid so that thea dog is caonfir.ied onlircily to thea owner' s properly, ar otherwise uncer Ito dijact ane immeadiate caonlral of 1Ihe owncir. When not on tl e awr.ieir'-s plraperly, such dogi shall be on a :loash not to eaxacied six feaeit :ir :langlh -and dirciclly under thea owncar'-s coritro:l. C. Na persons shall inlonlional:l}I, knowingly, reoaklossly ar neagl:igen11y permit, allow ar cause a -dog to be al largea waithln the tcawn bounearies. D. Thea cawrier of any dog over the ago of lhreci months shall not permit, allow ar eausci suet dab to la outske caf a suilable analosurea that acatualIN car.iflncis tNa cag w:ilhoul a collaia or harrieiss 1Ia whlah is atlaahec a valid l:icaensea lag :issueae plLrsuanl to this artial a. Dags, while being used or trainead for hunling car dogs whilea being eaxh:il itead or trainee al a town approved eaveril, and suah c ags while being lransplarlec to and from such aveants, neead nat weaar a collar ar harness w:ilh a valk :liccanse altaahead plrovidad that lheaN are properly vaaacinaled, l:iaensead and cordro:llec. B. Any dog al :largo may ba aplpreheandeac and irripoundead by the enforceameant aglanil. 1. Slaid ageant s1 a]] have thea right to anter Lipon plrivatea propleartN when it :is necessary to do so in order to appreaherad any dog that is al langea. Suah eantrancea uplan privale properly shall ba in reasonable pursuil of sLiah cog and shall not :include enlry into a domicilea or encdasurea which confineas the c ag Lnless ill bo at thea :ir.ivilailion of a person reasiding lhercaon. .I. Sak aglan1 may issua a citaticin 11 ca thea dab ownar, person acting for thea dog owner, austoc Tari Pago 4 of 6 Flounlaiin Hills Town Code or athcr parson whom sa:ic eigenl maN reiasonaibly believe peirn 'ittcid, aillaweid or catiscid thea dag to be al largei. =1. In thci judgmanl oflthea anforcieimenil agent, iflanN dag at large or athar animal 1hal is dangarous or flarce arid a lhreaat to human safely cannot be safiay impounded, it maN bei slain. F. Nollwithslanding anN atharprovis:ian of this artie'la, any dog awncr, parson acating for the dag awr.iar, ciuslod:ian or athar parson wha permits, allaws ar ciauseas a dog to be al larges in violallion of: 1. Subsacaticr.i A ar H of this secit:ian is guill}I ofIa cilass aria mis dameaancr. 2. Subseiaticr.i CI or D or this secit:ian is guill}I cafla alass three misdamciancar. ((13-211, Amended, 12118,12(1(13; Secation 6-2-6 Impounding and Disposing of Dogs and Cats; Hound I cies A. Thal thea town has enlerad inta an irnlargavanu enla:1 agraemar.it w:ilh 1he Mar.'aopaa Claunty Board oflSupeniisors to prov:ida fbr impaunding and cisposing ofldogs and oats art county pounds. B. Thal all Ries, chmiges, rules, regulations and procedures shall be as aulhoriaec by :law arae :implemienled by thci rules and regtilalions of M aricaopa CaLr.ity. Secation f-2-7 Handling of Biting Anim gals; Rlesponsibilit31 fan Rlcapanting Animal Hitas A. An unlicar.isad ar unvaccainatk dog or cal llal bales any person shall ba aanfincad and quarei line in a ciaunl}I pounc or, uplan raquesl of land al 1he expanse of 1he owner, at a veleninary hospital fbr a pericc aflnat leis s thein seven days. A c ag properly l:iaer.iscad and vaaainaled pursuan'I la this arlicala llal bales any plerson maN be confines ane quaranlined at 1Ihe lames oflthe owner or wherever the dog is harborac and mairnla:inad with 1Ihe canseant of and :in a manner prescaribcid by tha anforaamanl agent. B. Any animal olhar Than a dog ar cart 11al biles anN person shall be caonfined and quarantined in a aaunty pound ar, upan request aft and all thea expanse aft thea owner, al a vel erinary hospila:l fbr a pciriod oflnol leiss than four) ecir.a days, provided that liveslaak shall la confines and quarantines fdr 'Iha fburtaen day period in a maanncr regglatec by 1he Ajiaana livcistocik board. If 1he animal is a aagac rac ed, it may be acr.iflncad and quarantined al 1he home of 1he owner ar where i'1 :is hart ores or mainla:inad, fbr thea raquircad period of lime, wilh 1Ihe consent cafl and in a manner presaribad IN 1ha anfUraemer.at agar.at. CI. Any wi:lc anima] wh:icah biles any person may be kill& and sul miltac to 1he enf6rcaman'1 aganl fdr transmission to an apprapriata diagnaslia laboraatory. D. Wlennaver an animal bides any parsari, thea inaidar.at shawl be raportcid to thea anfaraemar.it aganl immediately by anN parsar.i having direct knowlacge. H. Thea enforaemenl agent may daslroy any animal acr.ifincad and quarantined pursuant to this artiala pr:icr to 1he tearminalion of 1he minimum acr.iflnamant period fkar laboratory examinaatiar.a fear rabieas ift Page 5 afl E Fountain Hills Town Code 1. Such animal shows clear clinical signs of rabies. 2. The owner of such animal consents to its destruction. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unowned. G. The enforcement agent shall destroy a vicious animal upon an order of a justice of the peace or a town magistrate. Ajustice of the peace or town magistrate may issue such an order after notice to the owner, if any, and a hearing. Section 6-2-8 Unlawful Interference with Enforcement Agent; Unlawful Keeping of Dogs A. It is unlawful for any person to interfere with the enforcement agent in the performance of his duties. B. It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by the terms of this article. Section 6-2-9 Violation; Classification; Dogs; Liability A. Any person who fails to comply with the requirements of this article, or violates any of its provisions, is guilty of a class two misdemeanor. B. Injury to any person or damage to any property by a dog while at Inge shall be the full responsibility of the dog owner or person responsible for the dog when such damages were inflicted. PHOENIX 77018-1 445484VI Page 6 of 6 RESOLUTION NO. 3018-25 A RESOLUTICN CF THE MA)IOR ANI] 'IIOWNI CIOUNCIII CP AOUNTAIN HILLS, MARICOHA CIGUNTY, ARIZC NA, DECLARING AS A PIUBUIC RHCIORI] THAT CERTAIN DOCUMEN'Ll HILHDI WITH THH TCWN CIIIHRK AND ENTITLHDI "A RTICLH (-2 RABIES/ANIMAL] CONTROL ABASH LANK19 SD IT RESIQ IIV ED BY 'HHE MAYOR AND TC WN CC UNCIL CF THE TC WN CH HC UN'BAIN HIIIIIS as follows: SECTION 1. THal certain document anlit:Iad "Articile 6-2 Rabies/An:imial Conival Ileashl Ilaw," alllacHed hleveto as Hxhibit A, of which one Ilapaii eapy and anti alecilranic copy maintained in compliarice with Amiz. REv. STAT. § 44-7441 aiie on file in the offica of the '➢awn C:Icuik and open for publhic inspleclion during nonna:I business hlouvs, :is heraby dac:IEirad to ba a public vocovd, and said eapicis are ordemad to remain on file with thle dawn Clerk. PASISIHDI AND ADOPTED Ely lhla Mayor and Council of thla Town oft Hounta:in Hills, Mariicopa County, Arizona, this 111h day of April, 20:18. POR THE TOWN OF HOUNTAIN HILLS: A TTESITED TO: IJinda M. Kavanagh; M ayov MEVIEVNIHDI BV: G vady H. M i:l l eii, Town M anagen Bevie:lyn J. Bendev, Town Clauik A NPRC V ED AS TO FC RMI: Dickinsan Wright ALLC, Town Atlornays Ch IATIFIICATI6AI 1, Bevelyn J. Banc ani, tha duly appointed Clcuik of thle 'Dawn of Rauntain Hills, Ar 21cina, do haraby cerify tHal the abova and fdrego;ing Raso:lution No. 20:18-2ft was duly passed by thle Mayoii and Clauncil of thla Town of Fauntain Hills, Arizona, at a regular maat:ing Hellc an April 17, 2018, ainc thle rall gala ofltHe vote 1Haneon was Ayas, Nays, and that Iha Mayor and Councillrnambers waiie present thleneat. Bevalyn J. Banc ar, 'flown Clark 'Dciwn of lRountain Hills, Arizona EXHIBIT A 'DO RESOLUTIC N NO.2018-2�I [TC WN COIUB AR`DICLB 6-2 RABIEWA.NIMAL CONTROL LEASH LAW Seei fol:lawinig pagles. Pound aiin Hills 'flown Code Anticla 6-2 RABIES/A?IMA L C C NTROL LEA SH LAVH Sections: C-2-1 Deflnitllow 6-24I Powenm and Duties oil the Enforaem ant Agent b -2-2I Ilicense Recis ibn Dogs; Issuance ail Dog Tags; Rlecend9; Penalties; Classif cation C-2-4 Anti -Rabies Vaccination; Vaccination and Viccmisci Stationm b-2-5 Dads Not Penmitlled all Langci; Wearing Viccmiscis C-2-6 Impounding avid Disposing of Dogs and Cats; Pound Fees C-2-7 Handling ollBill i8 Animals; Rlespansibilit8 ibn Reporting Animal Hitcs C-2-8 Unlawflal Interference with HnIdncement Agent; Unlawful Nceping oil Dogs C-2-9 Violation; Clam sification; Dogs; Viability 8ectlon E-2-1 Definitions Id lh's chap'ler unless the aonllexl oll erw:isc requires: A. "Animal" means any animal of a glecies that is susccptiblc la rabies, exaepl marl. B. "At large" means on or off prc m isc s of owns r and nol ur der aantrol afl awrier or off er pc Pisan acd ir8 fbr the awiner. A dog shall nat be deemed at large for the pugpses afllhis scallion: I . If it is res'Irained b}; a It ash, chain, rople or core of sufficient strcr.igth to aonlrol the aalion aft the dog; ar 2. If the dog is in a suilab.le cncilosure'Ihat aatuadl}; confries the dog; or 3. While Ile dog is b e ir8 Ua:ir.ied or used fbr hunt:ir.ig purposes; or 4. While lit e dog is b eing c Mbit ite d at a town appgraved show or oll er town sponsors c event; or 5. While on the dog owner' s props rty, it e c ag is undeii the c ireat and immc c f ate control of the awr.ier. C. "C ounl}; pound" means any establishmlc nt aulhoriaec b N the Mariaopa ClauntyHaard oflSuplervisars for the oonfir.iemenl, mainlcnanae, safekeeping and aonljial of cogs and athcr animals Thal comic info the custody of the cnfbrcemenl agenl. D. "Dcparlmenl" means the Ar'aonei Deplarmicr.it afHcallh Services H. "Dag" means a memo e afllhe cc iii isi familiarzsi family. F. " F of braernenl agent" means 4 he town mzinage r aji 1 Y e town manager's c c si gnc e who is responsible for the cnforciamenl oflthis eirt:icdc and the regulat:ians pramulaaled thuieunc er. G. "Inipaur.id" mcians tha act ofltaking or reicciving inla auslody by the enfarcamcnt agcnl an} dab ar other annimial fbr tha pure asci aft canfinc mient in a aounl} pours in aacorc anae with the prauisians of 1 his ail icd e. Page : af16 F ounl ain Hi 1 ] s Town Cada H. "Kannal" means an endlascid, contrallad arcta, inaiccessiblo to other animals, in which ai parson keops, hajibors ar rria:irlains five or maria dogs L rider car.ttrollai cond:itiarls. 1. "Ifivostock" moar.ts nciat animals, harsos, sheop, goats, swing, mules and asses. 1. "Ownor" moans any person keoping ari animal other than li justack Mr more than s:ixi aar.tsamtti jo days. K. "Rab:ias quararitiria area" rrear.ts any area ir.i which a slate of omorgoncy has bean cealaiiad to mist cue to tho occurrenae oflrat ies in animals in or adjacoml to ilhis area. 11. "Rab:ias vaacinalion cart:ifiaata" moans a mothad ofljiocardin€1 and duplicating rabicis infdrmait:ian thal :is in aamplliarico wits' tho enfkircomont agerit's liaciraing systom ar enfbrccimcint agctr.tt's plrescribck fkirms. M. "Stray dog" moans any dog thi oa momll s oflago or older runnir.ig at :largci lha1 is nat wearing a val:ik license slag. N. "Vaccinalion" moans tho administration of an anli-rabios vaccina lla animals by a vcderinariar.i. O. "Veterinarian", unless atharwise :in6aatcid, means any velenr:inariian licar.isad to pracliaei in this silato ar arty uell aririarian amployad in this stada by a gavarnmenla] agency. P. "Veleriinary hospilal" means any establishmcint aperatad by a voterinariari l:ican:iod to pracliao ir. this Male that provides clinical fkcilities and housci9 animials or birk s for der.ital, medical or slrgical lreatmienl. A vatarinary hospila] may have ak jacenl toil aii in oonjunclion w:ilh ill, or as an :ir.itcigilal part of l ill, pens, sil all s, cages ar kannal s fdr quarantine, at s arval iar.i or boarding. Q. "Vicious animal" means arty anima] afllhe ordcir Carnivora Thal has a prapons:ily to ailtack, to causo injurN 10 ar 10 atharwiise em angor 1ha saf6ty oflhuman baings will 1. out provacal:iar.i aii 1hal has t oar.i so declared afler a hciarir.ig t oforci a just:iae ofltha ploace or a city or town magisilranlei. (13-07, Amended, 06,106,12413; (16-08, Armenc ed, 02b102 x100(; C13 -',I1, Arriendec, 1',V18/]C103; Seclion 6-2-2 Powers and Duties cif the E nkraeimfint Ageint A. The enfarcamant agent shall: 1. Enfdrea the provisions afllhis article ank any iiagulalions promulgatck Ily 11e council. 2. Issuocitatiar.isMir theviolation oftha provisions afthis artiala. "➢hoprocedurefor ill aissuar.ica of noticas lla appaar stall be as provided fkir poace offiaojis in A.R.H. q 13-3903, oxcepl 1hal tha enfkircamant agent shall not maks ar.i arresil bafora :issuing the noliaa. B. In addilion to all powers grantod to the stata and 1I1a eaunty, tho local onfbrcemiorit aganil maN daclara a rat ies quarantine arcia with] rill 1 o town's jLrisdic6on. Wi en a quarantine arcta l as t oer.i daclarad, tho onfbrcemenl agant shawl mioat wilh the state vatariinariar.i and replrosenlallivas fromi tha Arizona Deplarmenl ofl Hoalth 9orvicos and tha gams ank fish department to :implamunl an amargenay program for tha contra] of rab:ias w:ilhin ilhall ai oa. Any regi laliar.is restricting aii involving 1ho miovemenls aft livastack wilhin 1hal arca shall ba sLtbjciat to approval by ullo state Pago I cif 16 Pounl ain Hil l s Town Code votariinarian. C. The issuancie of ailalions pursuant to lhis section Shall bei subjecit to thci pravisions of A.R.S. §I 13- 'MCISI. Scation f-2-3 Iiceinsei Fleeis fbn Dogs; Issuances of Dog Tags; Reiccmds; )fleinalties; Classification A. `Dhe owner of a dagl shall pay an annLial licar.isei ftie, as established by the enfbrccrnent aganl, fbr aaal dab lhrea mond 9 of age an over that is kcipt, H anboreid ar maintained within the bounc aries of ttci town fan al lezisl thirty consaculiva daN3 of ciaal calcir.idar yean. Tha licensing period shall not axcaed 41ei pariiod of time for revaccination as des:iggallad by the stale vcitarinairian. A penally amauir.it sl all be ac c cid to life licar.is a fba in tha event that application is made subsequiant 10 thci datei on wh:i ch tha dagl is regi iii ec 1 a t a l iaensec unc ar the pravi Bions of 1 his art i al e. ' lhl s penally Shall nat la assassad against aplpllicanls who furnii9h ac equata praafllit all the cog to be l:iaen9ad has leen :in their pla9sms:ian in the town lass than th:irly consecutiva days. B. Durable c ag tags shall be providec . Each dog licensed under lit a tarms of this articila shall receive at the lime of licensing, sual a lag on which shall be inscriit ad the r.iama of the C ciunty, the nuimill or ofltha licensci and the }fear in which it cimpirm. Me tag Shall be atlaalcid to a collar ar harriess which stall be worn by the dog al all limies whila running at large, axicept as athcirwise providck in this article. Whanevar a dog lag A lost, a dupliaale lag shall be i9sued upon application ly the owner and paynlcir.it afla foie to the anforaemenl agent. C. Ejaense fees may ba set at a rale than is lower for (ji) persons over the aga of165, uplan plraper praaf of aga and (ii] dogs permanenlly incapal le of proareat:iar.i. An appliaanl for a license ftir a c ag alaimad to be inaaplabla ofplrocraalion shall furnl:ish adequate praaflsalisfaataryl to thci anforaamenl a8en1 Thal such dab has teen surgically altcirad to be permar.iently inaapal la of procreation. D. Any person wlo fails within fifteen Gays after wriltan nolifazition frorn the anforaemenl a8en1 to oillain a liaensa fbr a dog recluirck to to liaensck, counterfd:its or altampls to aauntcrfeit an official dagl tab, ar remova9 such tag ffcim any dog fdr the purpa9a oflw:illfill arid malicious mischleflar plaaas a c og tagl uipjan a c ag Linhus tha tag was issued for that partiaulan c ag is gLlilty of a class Iwo misdemeianor. ((ISI -08, A mendec, nwl/20(19; 06-018, Amended, 0211021,12CI(16; (13-21, Armenc ed, 121,118,12CI(13; 18-C15,A.rrlenced, (144TOO18) Seiction F-2-4 Anti-Raities Vaacinatian; Maccinatian and I iicemisei Stations A. Bciforci a liaanse is issued for any dog, the owner must preser.it a vaac:ir.iation cart:iflaata sigrik IN a vetarinarkin staling) the owner's names zinc adcrass and giving the dog's cascript:ian, dale of vacainatian, and type, manuf iatLrar and sari al numl or afltl a uaacinei wised and c atci ravaaainatiar.i is cue. A cLipl:iazite of eaal ralies uaaaination aerlifiaale issued shall ba transmitlad to the enforcement agent on ar bafbre the tenth day of I the mar.ith flal:l awing the manth curing wh:i ah tha dog was vaacinal ed. No c ag shall t a liaensck unless it is vaac:inal ad in aacandanae wilh tha provisions oflhis arliale. B. A dog vaccinated in any olher stats prior t a entry) inta Arizona may be liccinsad :in the 1 own providec that, at the Aima of licensing, the owner of such dab prasanils a uaciaination aerlificata, 9ignad IN a veterinarian liaeinsed to pracliaa in that 31 ala or a uell arinar:ian employed by a 8overnmental agency Page 3 ofl( Aounlain KIN Town Ccido in that s l al a, stating 11 a awr.ior's nama and addrass and giving tha dog's c eiscrip- ion, dm i of vaacinal ion, and' ype, manufauturcir and serial numbcir of - he Naac:ine used. Me vaccinat:ian must be :in aanformil } with tha praNisions of this ail iala. C. Thu unforcuman agant shall make provisians for vacaination alinics as deamad nocassary. Me vaacinalion shall be pcirformad by a Nalarinar.'an. Section 6-21-5 Dogs )\cit P enmitted at Lange; Weiaring Dicenses A. N a plarson sl all inlonm ionally, knawingly, recklessly ar negligar.itl}l plarmit, allow ar aausci a female dog curing her breeding ar mal ing season or a vic:iaus dag to be al large. Far lit a purposcis of lhis sLibsuclian arily, a female dog during har tracking or maling seasan ar a v:iaiclus dag shall to deamad at laiige :if it is nal within a suitat la ar.iclasLre that aatua] IN aanfinas the dog, ar whan such dog is not within a suilable enalasura, if ill is nat restrained EN a leash, chain, rape or (lard of suifflaier.it slrerigth to caritrol Ile aut:ian of lite dog. H. Na parson shall intentionally, knowingly, recklessly or negligently pormil, allow or aausa a c ag in a rabies guaranline aroa 4a lie at large. Wb;ilci on aril awner' s praplarlN, each dog shall be car.iflned within an enclosure on such plraperly, secwad sa that the dag is aonfined enliraly to tha ownar' s proparty, or otharw:isa under the dineat and immadiata aonlrol of the ownar. Wt an nal on 41a owner's proparly, such dog shall ba on a leash nal la amcciad six fuel in lenglt ane dineut'IN unc or that owner's aonVral. C. Na parson shall intentionally, knowingly, recklessly or negligently peirmil, allow ar aausa a c ag to be a1 larga within the tawn bounc arias. D. Tha awneir of any dog ovar 111: ei aga of l lu ea monl t s shall noll ptnnit, allow ar ciausc i such dag lo to auts:ic a aft a suilabla enclosure that aalually cariflnes the dag wilhoull a collav or harness to which is atllaahed a valid livensai 1 ag :issuec plursuanl la lhis ailialai. Bags, while being used or trained for hunting ar dogs while being amli kited or lrainec al a lown approved avenl, and such dabs while being Vransporled to and from such evarAs, need nal waiar a (lallan ar harness wilh a valk laicar.iso atlaahec praNidad Thal they ara proparly vaccinal ed, Iiaensai and aonlroll ed. H. Any c ag at large may be applrahended aria implaundec EN 4t ei enfarcemiar.it agent. 1. Said agant shall halve the ripltt to enter uplar.i privale propcirty whan it is nucassaryl to ca so in arc or lo apprc it end any dog 1 hal is at large. Sual er itrar icc i upon private prap len N shall t a in reasonable pursuit of suah dap) are shall not incduc a entry) :into a damaa:ile or enclosure which confir.ias the dog unless it be al the invitat:ian afl a parson residing thamean. 21. Said agent maN issue a cilalion to the dog owner, person aciling far lite cag ownar, cuslod:ian ar olher parsar.i wham said agent miaN reasonably ba l i cva parmitl ad, allowed or caused -ha dog t o t e at 1 arga. 3. hi llhe.judgmlcrit of the criforcoment aplenl, ifl anN dab Est large or other an:mEd thEd is c an€larous ar f arca and a throal lo human safely cannot be safcily :impounc ad, it maybe slain. F. Natwilhstar.ding any olt erplraNisian aflthls article, any dap) awr.iar, person acling fkr the c ag ownar, custac ian ar of her parsan wha para 'its, allows ar causas a dog - a ba at lavge in vialatian af: Pagai 4 of E Aoun11 ain Hilll si 'Ilovwn Code 1. Slabs ciclion A cir B of this sacRicn :is guilty ofla class ona m sdamaancr. 2. & abs cicl ion C or D or this saal iari "is gu:i lty of I a class 1 hr eci misdamicianor. (1(13-21, Arriendec, 12/18/2(103) Seiction F-2-6 Impounding wind Dispasin8 of Dogs and Cats; Your id Feces A. That thci lawr.i has enlercid :iao an intargovarnmanilal agrciemienl w:ilh 1he Mariaopa Courity Boars of Supervisors to plravida fbr :impouric ing ane displcsing of c cgs and gals al aounly pounds. B. That a:ll faces, ahargas, n alas, ragglat:icr.is and plraccicures shall la as autl oiled by law ane imp:lamanlcid by 1he ru:lcis and ragulal ions aflMariaapa Counly. Seiction F-21-7 Handling of Biting Animals; Reisponsibility 1bn Wponting Animal Bites A. An unl:iaenscid or unvacainaled dog ar ea1 that bilas any parson shall ba cariflnad and quariantinec in a salinity pound or, upon raquest of and a1 tha axparisa cif Itha awinar, at a vatarinary hospital fbr a pariod oflnol less than smen daNs. A dag properly l:icenscic and vaccinaled pursuant to This arliela that bilas any parscn may be confiried and quarantines al tha hama of 1he owner or wharevar 1ha dog is hart: ares aric maintainad with tha consent of and in a mrannar presaribcc EN 1he erifbrcamaml agant. E. Any anirria:l othar than a dog ar cal that utas any parson shall ba confinad and quarant:inad in a catirity plaund or, upon requast aft and at 1he axpansa of the awrier, al a uatarinary 1 asplital fbr a period of not lass than fburtcien daNs, provk ad that Livastack shall t a confined ane quarantined for tha fburlecn day plaricc in a manner regulaled by 11 a Arizana livaslock boars. If 1he animal is a caged rodent, it may be confines aric quararit:inad al 111a home afllhe owner or where it is hart ared or miaintaincid, for 1he requires pariiod of lima, will tha consent ofland in a manriar plresariibcic by tha cnforcerrienl agent. C . Any wild animal which t itas any parson maN t a killed ane submill ed 1 ci the enfcuiccimunt agent for trar.csrriiss:icn to an appraplriale d*agnostic laboralory. D. Whanevar an animal t itis any person, tha incident shall la repartcc to tha anforcerrienl agant immadiately by any person having dircicl knawledga. B. Tha enfbrccimcnt agant maN deslrcy any animal confines ane quaranlincic pursuant to this article prior to tha termination cflll a miriimum confinement plariac fbr laboratory examinalion for rat ies i f- 1. Such animal shows claar clinical s:iggs ofIrat ies. a. The owner ofIsuch animal consarits 10 its cestniation. F. AnN animal sut jest to :licensing undar lhls article fbunc w:ithoul a tag idenlifying ills owncir shall la c aamKk uncwnad. Paga `I of 16 Fountain Hills Tawn Code G. 'Ilhe enfamcamtnt agtnt shall desilroy a vicious anima] upon an ordcir of a justicci of thea pcaacia cm a 1 own magistrate. A juin 1 iae of the plcaae or town miagi s1 ral a may issue such ari ok er after notiae to 1 he owner, i f any, and a hearing. SectionC-2-8 Unlaim kil Intcirlcirenciei mith Dnflaircieimeint Agent; Unlaawflul Klleeaping cif Dods A. I1 is unlawfull fam any parson to iratarfera wilh thea anforaemienl agent in tha perfarmanaa of hls dul itis. B. I1 is un] awful fLm a plarson to keep, harbor or maid air i a c ag waithlr.i the tawan cn cept as provided by the term s afl l his ar i cl e. Section F-2-9 Viedation; Claassificsition; Dogs; Liabilit31 A. Any person who foils to compl}I wilh 1Ihe maquiremienls ofl this arliala, ar violatas any ofl ills provisions, is gui llI N afl a alass Iwo rn isdamaanaja. B. Injuiry to any pajiscin ar dam aga to any prof artN t N a dog whilca at l argei sl a:l l be 1 he full:l rcasponsit i:l ity of tha dog awnar or plarson respons:iblci fbr tha cog wt an such damages waare infliatad. RHC ENIX 17(1'18-1 4� 94840 Paga E of 16 ORDINANCE NO. 18-05 AN C RDINA NCE CF THE MAY ORI AND CC UNCIL OA THH TC WN CF FCUNTAIN HILLS, ARIIZCNA, AMBNIaING TC WN CCDB CHAIITHRI 6 "ANIMALS" BY AMBNI]ING AND RIES'HATING A14TICLIE 6-2 "RABIES/ANIMAL CC NTRIC II LBA SH UAW"; AND DECLARING AN EMBRG EN CY . WHEREAS, the Town of Founlain Hills :is the only municipalilly :in Meiricopa Counily pnomiding its own dog 1iaans;ing serv;icies, which raqu;iras c adicall ad staff dime and riesourcie; and WHERIEAS, Marioopa County is willing to pnouide dog l:iaans;ing for 1Iha nesidenlls of Pounta:in Hills as it does fon all alhar muniicipalitias in Mariaapa Caunily; and WHERIEAS, the Town Counail blas dell wminied lhlat it is in the best interast of lhlei rasidant:i of Pounla:in Hills to amend Chlaptar E oflthle Town Cade, by amcinding and raslating Articile E-2; and WHERIEAS, the Town Council dealaned Articile 6-1 of 1ha Town Code, which is inaorparaled heraini by lhlis nafenenca, a public necoiid by Resolution No. 2(118-25 and ondeiiied one papar oopy and ona e:laotnonic aapy mainta;inad in complianaa with APJIZ. REM. STA']. § 44-7041 on files in the offica of the town Clerk avid open for public :inspactian during normal business hours; and WHERIEAS, the Town Council has determinad That the changes to the Town Code ane neaeissany: to pnomota the hleia:llh, safety, and ganaral weafare of the iiesideints of Founlain Hills; to maka the basil use ofIthe Town's staff and resounoes; and to arciate oonsistenay fhn naw Pasidenls moviing to Founlain Hills w;ilhl dogs. NOW, THEREFCME, HE IT ORDAINED BY THH MAYORI ANIS CCUNCIIII CF THE TOWN OF FOUNTAIN HAILS as follows: SBCTICN 1. The iiec;iIals abovie aiie haraby incorporated as if fully sat fbrth harain. SBCTICN 2. All dogs shall bei subjaot to 1Iha licensing iiequiiiemenls of Anicla E-2 of tha Town Cadet. Tha Town Manager is diiiecl cid to appoint a designlee to acct as the enforciemenil agent pursuant 1 o Art ic:l a 6-2-3I. SBCTIC N J. If any sealion, subsciation, clause, phrases on portion of This Oridinanca oii any part of the amendad and restaleid Town Clade Articile E-2 is flan any raason hold invalid on unaonstittlional by thle decision of any court of ciompetanl jurisdicition, such dacision shlall not affi:icit lhla maliditM of the ramiaining portions lihmaofl SBURION 4. Because ofl lhla ungant need fon the implemenlation of the Town's nagulations cioncierning dog licensing, and lhla immedialei operalion of this Oiidinanca :is naciessary fon 1ha pneseniation of 1ha haalthl, safety, and genenal welffira, an clmeiigency is hereby dcicilaried to clxist and this Crdinalncie, shall ba :in full fiirucl and clff ict from anc afllaii its passalga alnd approval by thle Ma yar and Council as iiequircic bylaw and :is hereby exempll fram 111a iieferendum piiovisions of the Constitutian anc laws oflthle Slate oflArizona. PASSED AND ADOPTED by thle Mayar and Counuil of 111a Town of Hounla:in Hills, April 11 7, 2(118. FOR THE TOWN OF FOUNTAIN HILLS; Ilinda M. Kavanagh; M ayov HEVIEVNED BU G vady Mill ass, Town Manager PHOIENIX 74018-1 44TA98v'I ATTESTED TC : Haavalyn a. Banc crani, down Clark A PPMOVED AS TC FORM: Dickinson Wright H1111C, down Attamay TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 47712018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Town Attorney, Mitesh Patel REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF ORDINANCE 18-06 WHICH AMENDS CHAPTER 12 OF THE TOWN CODE TO PROHIBIT TEXTING WHILE DRIVING IN FOUNTAIN HILLS. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: Ordinance 18-06, adopting Section 12-2-13 to the Town Code Staff Summary (background): The purpose of this item is to amend Chapter 12 of the Town Code to add a new Section that will prohibit texting while driving within the Town of Fountain Hills. The ban will only probhit the use of portable elecontric devices for written messenging, and will not impact voice calls or the use of "hands-free" systems. Certain exceptions to the prohibition are provided, including communications with emergency services, first responders and medical facilities. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): Ordinance 18-06 SUGGESTED MOTION (for Coundl use): Move to APPROVE Ordinance 18-06 A 5 Prepared by. Paget &2 Director's Approval: Ap ved: M . l 4 Gra . Miller, Tomo 4/5/2010 Page 2 oft ORDINANCE NO. 18-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING TOWN CODE CHAPTER 12 "TRAFFIC" BY RENUMBERING EXISTING SECTION 12-2-13 "PENALTIES"; ADOPTING SECTION 12-2-13 "USE OF PORTABLE ELECTRONIC DEVICE; PROHIBITED CONDUCT; EXCEPTIONS"; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Fountain Hills is concerned about the threat to public safety created by drivers who are texting while driving; and WHEREAS, the Town of Fountain Hills desires to prohibit such conduct in order to mitigate the threat to public safety; and WHEREAS, the Town Council has determined that it is in the best interest of the residents of the Town of Fountain Hills to amend Chapter 12 of the Town Code, by renumbering existing Section 12-2-13 "Penalties" as "12-2-14," and adopting Section 12-2-13 "Use of Portable Electronic Devices; Prohibited Conduct; Exceptions" as set forth in Exhibit A; and WHEREAS, the Town Council has determined that the changes to the Town Code are necessary to protect the health, safety, and general welfare of the residents of Fountain Hills. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The use of portable electronic devices while driving shall be subject to the requirements of Section 12-2-13 of the Town Code. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance or any part of the Town Code Section 12-2-13 adopted by this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. Because of the urgent need for the implementation of the Town's regulations concerning the use of electronic portable devices while driving, and the immediate operation of this Ordinance is necessary for the preservation of the health, safety, and general welfare, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval by the Mayor and Council as required by law and is hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, April 17, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady Miller, Town Manager PHOENIX 77018-1 4500330 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Dickinson Wright PLLC, Town Attorney EXHIBIT A TO ORDINANCE 18-06 [TOWN CODE SECTIONS 12-2-13 AND 12-3-14] See following pages. PHOENIX 77018-1 4500330 Section 12-2-13 Use of portable electronic device; prohibited conduct; exceptions A. A person shall not operate a motor vehicle or a bicycle on a street, sidewalk, or trail while using a portable electronic device to compose manually, send, or read a written message for the purpose of non -voice interpersonal communication, including but not limited to texting, emailing, and instant messaging, while the motor vehicle or bicycle is in motion. B. Definitions 1. "Hands-free use" means the use of a portable electronic device without the use of either hand by employing an internal feature of, or an attachment to, the device. 2. "Portable electronic device" means a wireless communication device that is designed to engage in calls; and/or receive and transmit text, images, and/or data; but excludes devices that are physically or electronically integrated into a motor vehicle and are operated hands-free so that the user composes, sends, accesses, communicates, or receives messages or data without the use of a hand except to activate, deactivate or initiate the hands-free use. 3. "Operating" means being in actual physical control of a motor vehicle or bicycle on a street, sidewalk, or trail and includes being temporarily stopped because of traffic, a traffic light, stop sign, or otherwise, but excludes operating a motor vehicle or bicycle when pulled over to the side of the road or off an active roadway and when stopped at a location in which the motor vehicle or bicycle can safely remain stationary. C. Exceptions. This section does not apply to any of the following: 1. The use of a portable electronic device for the sole purpose of communicating with any of the following regarding an immediate emergency situation: a. An emergency response operator; b. An ambulance company; C. Fire department and rescue service personnel; d. Law enforcement personnel; e. A hospital; or f. A physician's office or health clinic. 2. The activation or deactivation of hands-free use, as long as the portable electronic device is securely configured and attached to the vehicle or integrated into the vehicle. 3. Law enforcement and public safety personnel, and persons operating authorized emergency vehicles, using a portable electronic device while operating a vehicle in the course and scope of his or her duties. D. Enforcement and Penalties. 1. Any peace officer may stop a motor vehicle or bicycle if the officer has reasonable cause to believe a violation of this section is occurring. 2. Any person who violates this section shall be guilty of a civil traffic violation and shall be fined one hundred dollars ($100.00) plus court assessments for the first offense, two hundred fifty dollars ($250.00) plus court assessments for a second offense, and five hundred dollars ($500.00) plus court assessments for any subsequent offense within a twenty-four (24) month period. 3. Aggravated. A person commits aggravated use of a portable electronic device when he or she violates subsection (A) and in committing the violation he or she was involved in a motor vehicle or bicycle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. Any person who commits aggravated use of a portable electronic device shall be guilty of a Class 1 Misdemeanor. (18-06, Adopted, 04/17/2018) Section 12-2-14 Penalties Violations of this article shall be punishable as set forth in Chapter 1, Article 1-8, Section 1-8-2, Subsection B, of this code. (18-06, Renumbered, 04/17/2018; 12-02, Amended, 03/01/2012; 98-08, Added, 02/19/1998) PUP LEGISL( WWWAZLEAGUEORG BULLETrIN Issue No. 13 — April 6th, 2018 Legislative Overview Today marks the 89th day of the legislative session. Budget discussions continued this week in small group discussions. April 17th will mark the 100th day of the legislative session, however it isn't yet clear whether the legislature will adjourn sine die by this date given the current status of the FY '19 budget. As of today, 204 bills have passed the legislature, with 153 having been signed into law by Governor Ducey. An additional three bills have been vetoed by the Governor this week, bringing the total to five. ACTION ALERT — SB 1140: COX Cable License SB 1140 certificates of authority; video service, sponsored by Sen. Gail Griffin (R - Hereford) is awaiting action by the Rules Committee next Monday in the House before proceeding to the Committee of the Whole. SB 1140 was subject to a strike -everything amendment that was adopted by the House Appropriations Committee that contained substantially similar provisions as HB 2579, both of which are sponsored by Representative Jill Norgaard (R -Phoenix). HB 2579 was held from consideration in the Senate Government Committee. The strike -everything amendment and the original bill are both a one-sided, corporate friendly attempt to deregulate cable services in Arizona under the false premise that it will create more competition and increased customer satisfaction. It continues to remove the ability for local government to effectively manage their rights-of-way or ensure cable companies are held accountable to their subscribers and citizens who may have their neighborhoods and rights-of-way disrupted by poor construction practices. The bill continues to prohibit any oversight from local government or the Arizona Corporation Commission; it will also allow cable companies to nullify their existing long- term license agreements with cities and towns. The proponents continue to dismiss our attempts to make this bill work for consumers who subscribe to cable services as well as taxpayers who do not. Please contact your legislators and ask them to oppose this damaging legislation this year and request a more thorough stakeholder process be conducted in the interim to ensure this will not have negative impacts. SB 1387: Home -Based Businesses We continue to oppose the strike everything amendment to SB 1387 regarding home based businesses. The sponsor of the issue and the original bill (HB 2333), Representative Jeff Weninger (R -Chandler), held a small group meeting with representatives of the Goldwater Institute, the Free Enterprise Club, legislators, a City of Phoenix council member and city staff from three communities to see if there is any opportunity for a compromise. According to the city staff who attended, there was good discussion but the parties left the table "agreeing to disagree" on the basic tenets of the legislation. It would not be surprising to see additional amendments proposed to address some of the concerns raised by the city representatives. While we will analyze any proposal, the fundamental differences we have over the approach to managing the impacts of these businesses that locate in residential areas will make it difficult to reach a compromise that all parties can agree to. Currently, if they truly are "no impact" businesses, cities and towns are not interfering with them. But, once they have an impact on their neighbors, the city may be asked to remediate. Please continue to work with your neighborhood groups to keep them informed about the negative impacts of this legislation and continue discussing your concerns with your legislators. League Resolution: Streetlight Improvement Districts The second League resolution of the year passed the finish line this week in the legislature and is waiting for the governor's signature. SB 1281 street lighting improvement districts; consolidation, sponsored by Sen. John Kavanagh (R -Fountain Hills) passed the House on Wednesday with a vote of 53-4. The bill will allow the consolidation of two or more streetlight improvement districts (SLIDs) that have contiguous boundaries, with the consent of the majority of property owners in each of the districts, and allow the addition of new territory into an existing SLID, under certain conditions. Consolidating SLIDs will achieve a more evenly distributed property tax for the payment of energy costs and increase the administrative efficiency for the municipality and the county assessor that, over time, will save taxpayer money. HB 1465: Sober Living Homes; Certification This week SB 1465 sober living homes; certification, sponsored by Sen. Kate Brophy - McGee (R -Phoenix), passed its final vote in the legislature. It now awaits the Governor's signature. The bill creates a statewide licensing system for all sober living homes in the state through the Department of Health Services. Last year, the League adopted a resolution to address the issue of unregulated, poorly -run sober living homes through state or federal action. This came about due to years of frustration with bad actors in the industry that chose to take advantage of the growing opioid epidemic by providing cheap, unhealthy and unsupervised housing for recovering alcohol and drug addicts. As a result, many of these homes degraded into abusive environments where residents used drugs and created nuisance and public safety problems for the surrounding neighborhoods. Unregulated sober living homes, particularly in California, Florida and recently Arizona, have proven to be detrimental not just to the safety and welfare of neighborhoods but also to the sober home residents themselves who need a healthy, supportive environment to continue their sobriety. SB 1465 provides for a robust statewide licensing system in Arizona to protect our neighbors in recovery, as well as our neighborhoods, from negligent and abusive sober housing providers. HB 2371: Food Truck Licensing This week the Senate approved amendments to HB 2371 mobile food vendors; state licensure, sponsored by Representative Kevin Payne (R -Peoria) that addressed the outstanding issues raised by cities and towns. The underlying bill is intended to provide a statewide, streamlined process for health and food safety inspections, licensing of food truck operations and address the varying regulations adopted by counties, cities and towns. The amendments adopted by the Senate this week allows for restrictions of food truck operations in areas where this business activity may not be appropriate, such as residential areas; provides reasonable restrictions on parking, including parking duration and occupying areas with insufficient parking capacity; provides a streamlined process for required fire inspections of food trucks; and provides online access of required food truck license applications. Food trucks have grown in popularity in recent years and are seen at many public events in the state. After hearing the concerns and the challenges faced by food truck owners navigating the varying rules, it became clear that local and state regulations have not kept pace. HB 2371 is the first step in easing the regulatory burden for these small businesses to operate successfully in our communities. We appreciate Representative Payne for bringing this issue to our attention and look forward to working on continued reforms. The bill as amended passed the Senate with a vote of 21-7. It was transmitted back to the House where it waits for procedural action and a final vote before it will be transmitted to the governor. HB 2532: Occupational Licensing While there is no evidence that cities and towns are misusing their current authority related to the issuance of occupational licenses, bills have been introduced in the last two sessions which would have placed limitations on municipal governments to regulate certain professions. Over the interim we worked with the proponents of these bills to see if there was some middle ground that would protect our authority to address concerns within our communities and provide assurances that we were not making our license provisions overly burdensome for individuals or small businesses. The concept that we agreed on is to create a "sunrise" process for any new occupational licenses. This would require notice to the public and a council hearing before imposing any new licensure requirements. Additionally, a city or town would have to revisit these licenses every five years to determine whether they were still necessary. Finally, a city or town would have to review all of their existing licenses within five years of the enactment of the legislation. This amendment was put onto HB 2532 occupational regulation; municipalities; counties; prohibition, sponsored by Rep. Kevin Payne (R -Peoria) in the Senate this week. We greatly appreciate that Representative Payne worked with us to find a compromise. Even though this bill will require municipalities to go through some additional process to adopt and renew these licenses, it is reasonable to periodically review these requirements to determine whether they are having the results the city or town intended. Reminder: League Policy Committees League Policy Committees will resume in a few weeks. Participation on any of the five policy committees are your opportunity to be involved in policy development resulting in League Resolutions for cities and towns. Resolutions adopted at the Annual Conference provide direction for our legislative program the following year. Meetings will be held at least once a month in May, June and July. All mayors, council members and city staff may participate on any committee. The League Policy Committees and their respective staff are as follows: • Budget, Finance and Economic Development (BFED) Tom Savage, tsavage@azleague.orq • General Administration, Human Resources and Elections (GAHRE) ➢ Tom Belshe, tbelshe@azleague.org • Transportation, Infrastructure and Public Works (TIPW) Tom Savage, tsavage@azleague.org • Public Safety, Military Affairs and the Courts (PSAW) ➢ Alex Vidal, avidal@azleague.org • Neighborhoods, Sustainability and Quality of Life (NSQL) Alex Vidal, avidal@azleague.org If you are a member of a policy committee and want to remain on that committee, you must notify the League staff member assigned to your committee. If you are not currently on a committee or wish to serve on a different or additional committee, please let the League staff member assigned to that committee know of your interest. Legislative Bill Monitoring Our Legislative Bill Monitoring system is available on the League website. We have implemented a self -updating list through Arizona Capitol Reports, providing you with the most up-to-date information possible on bills we are tracking. Click here to browse through our Legislative Bill Monitoring page! Issue No. 14 — April 13th, 2018 Legislative Overview In addition to this week's regular legislative activity, a variety of proposals were made regarding teacher -pay. These competing bills ultimately gave way to Governor Ducey's revise budged proposal that would boosts teacher pay by 9 percent in the upcoming school year, for a total raise of 10 percent since 2017. That equates to $274 million for teacher pay in the proposed budget for next year. Today marks the 96th day of the legislative session. As of today, 264 bills have passed the legislature, with 194 having been signed into law by Governor Ducey. April 17th will mark the 100th day of the legislative session; however it isn't yet clear whether the legislature will adjourn sine die by this date given the current status of the FY '19 budget. ACTION ALERT — SB 1140: COX Cable License SB 1140 certificates of authority; video service, sponsored by Sen. Gail Griffin (R - Hereford) narrowly passed the House this week with a vote of 31-27. It is now in the Senate where it will receive a final read. If the bill passes, it will be transmitted to the governor. Now is the time to reach out to your Senators and ask them to please vote NO on SB 1140 and request a thorough stakeholder process in the interim that will achieve a consensus bill that protects the rights and responsibilities of local government, and protects consumers that subscribe to cable services and taxpayers who do not. Cox has not addressed the concerns we have outlined throughout the process and continues to use misleading talking points stating otherwise. SB 1140 continues to remove the ability for local government to effectively manage their rights-of-way and ensure cable companies are held accountable to their subscribers and citizens who may have their neighborhoods and rights-of-way disrupted by poor construction practices or have their services interrupted. The bill still prohibits any oversight from local government or the Arizona Corporation Commission on these de facto monopolies and will allow cable companies to nullify their existing license agreements with cities and towns. SB 1140 changes the substantive rights because the legislation allows the termination of these existing contracts "by operation of law" despite previously being negotiated in good faith by the parties and allows the cable operators to walk away from their obligations. Without a significant and legitimate public purpose, this legislation fails the test and is an unconstitutional impairment of contracts. SB 1140 releases the cable industry from its obligations under existing licenses that were designed to protect taxpayers and residents. This legislation contains significant changes that benefit only cable companies. This sets a dangerous precedent that any private entity can negotiate a contract with a government body and then renege on their responsibilities when it suits them. Governor's "School Safety" Bill SB 1519: protective orders; schools; appropriations, sponsored by Sen. Steve Smith (R- Maricopa), was introduced on Wednesday with special permission from the Rules Committee. The bill is the result of several drafts that had been circulated between the Governor's Office, majority leadership at the legislature and other stakeholders. The bill includes the following provisions: Appropriations: • $11 million for the Department of Education (ADE) to expand the School Resource Officer (SRO) program. • $3 million for AHCCCS to expand mental health services in schools. • $1.1 million for DPS to establish the Center for School Safety within the Arizona Counter -Terrorism Information Center, train SROs to respond to active school shooters using virtual or simulated reality, and establish a school safety hotline. Administrative Policies: • Requires schools to establish a school safety plan in coordination with law enforcement and expand mental health and suicide prevention services. • Moves administration of the SRO program to ADE and DPS. Severe Threat Order of Protection (STOP): • Prohibits a person under a STOP order from possessing or purchasing a firearm and makes violating a STOP order a class 4 felony. • Allows a law enforcement officer, family member, legal guardian, household member, significant other, school administrator, or mental health professional to petition the Superior court for a STOP order. • Requires the county sheriff or local law enforcement agency where the subject resides to transport the person to the court as soon as practicable for a hearing and transport the subject to a healthcare facility for a mental health evaluation, if the court finds by clear and convincing evidence that the person poses a threat. The bill is opposed by some groups that think it does not go far enough and others that think it goes too far. It was scheduled for a hearing in Senate Commerce and Public Safety on Monday, April 16 but that meeting was cancelled to allow more time for discussions. The impetus for the bill came after a national debate about school/gun safety was sparked following the shooting in Parkland, Florida where 17 students were killed at Stoneman Douglas High School. Home Based Businesses (SB 1387) There was no action this past week on SB 1387, sponsored by Representative Jeff Weninger (R -Chandler), but it could go to the House floor as early as Monday. Representative Weninger has shared a draft amendment with us that attempts to address our concerns. While we appreciate his efforts, we must continue to oppose the bill. The protection of neighborhoods is a core function of local government. We cannot agree to language that limits our ability to manage the impacts of commercial activity in residential areas and opens the door to more litigation and claims against cities. Home based businesses are flourishing and neighborhoods are being protected today. This legislation is unnecessary at best and, at worst, harmful to our communities. Please continue to communicate with your legislators about your concerns regarding this issue. Legislative Bill Monitoring Our Legislative Bill Monitoring system is available on the League website. We have implemented a self -updating list through Arizona Capitol Reports, providing you with the most up-to-date information possible on bills we are tracking. Click here to browse through our Legislative Bill Monitoring page!