HomeMy WebLinkAbout091709PZ:\Council Packets\2009\R9-17-09\090917A.docx Last printed 9/9/2009 3:05 PM Page 1 of 4
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, SEPTEMBER 17, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
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 prior to commenting and to direct their comments to the Presiding Officer
and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a
speaker chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Associate Pastor Gary Emmons, Christ’s Church of Fountain Hills
ROLL CALL – Mayor Schlum
MAYOR’S REPORT -
(i) Mayor Schlum will read a proclamations:
a. Declaring September 28, 2009 as “Family Day – A day to eat dinner with your
children”
b. Declaring October 4 – 10, 2009, as Fire Prevention Week
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Chaparral Water Company District Manager Rob Hanford regarding
the state of the Town’s water resources.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
August 11, 20, and 31, 2009.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Michael Sadik Yono, (Sports Gourmet LLC DBA Overtime Sports Grille ) located at 16872
E. Avenue of the Fountains #104-106, Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Richard Eugene Floyd, (Parkview Tap House inc ) located at 16828 E. Parkview Avenue # B & C, Fountain Hills, AZ. This is for a series 12 license (Restaurant).
4. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by
Larry R. Antes (AMVETS Post No. 7) for the purpose of a golf fundraising event, located at 17030 E.
Enterprise Drive, Fountain Hills, AZ, scheduled to be held on September 26, 2009 from 9:00 a.m. to
11:59 p.m.
5. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by William Lee Klein (American Legion Post 58) for the purpose of a fundraising event,
located at 16837 E. Parkview Avenue, Fountain Hills, AZ, scheduled to be held on
November 13, 14 & 15, 2009, from 9:00 p.m. to 10:00 p.m.
6. CONSIDERATION for approval of RESOLUTION 2009-34 abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
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the southwesterly property line of Plat 203, Block 10, Lot 11 (16309 Fountain Hills Place) as
recorded in Book 149 of Maps, Page 29, Records of Maricopa County, Arizona. EA07-24
(La Mar)
7. CONSIDERATION for approving RESOLUTION 2009-37, abandoning whatever right,
title, or interest the Town has in portions of the certain Public Utility and Drainage
Easements located at the southerly property line of Plat 505A, Block 2, Lot 8 (15521 E.
Richwood Ave.) as recorded in Book 158 of Maps, Page 40, Records of Maricopa County,
Arizona. EA09-07 (Hiller)
REGULAR AGENDA
8. CONSIDERATION of RESOLUTION 2009-38, approving a donation agreement for the
TRANSFER OF OWNERSHIP of two parcels (176-25-552 and 176-06-701A) from the Lakeside
Village Homeowners’ Association to the Town of Fountain Hills, Arizona.
9. CONSIDERATION of a SPECIAL EVENT APPLICATION submitted by DCB Extreme
Adventures for the Tour de Scottsdale Bicycle race, scheduled to be held October 4, 2009,
from 8:00 a.m. to 10:00 a.m., with cyclists traveling through Fountain Hills along Fountain
Hills Boulevard, Saguaro Boulevard and exiting onto Shea Boulevard.
10. DISCUSSION of ORDINANCE 09-09, amending the Fountain Hills Town Code, Chapter 7,
Buildings and Building Regulations, Article 7-10, Development Fees, relating to adjustments
to development fees for the Town of Fountain Hills.
11. CONSIDERATION of APPROVING the Downtown Fountain Hills Vision Plan as depicted
in the documents prepared by Swaback Partners on behalf of the Town of Fountain Hills and
the Fountain Hills Chamber of Commerce with POSSIBLE DIRECTION TO STAFF to
process the downtown vision plan as an area specific plan in conjunction with the General
Plan amendment process. If subsequently adopted, the Vision Plan would serve as the official
policy guide for future ordinance revisions, land development and economic growth in
Downtown Fountain Hills.
12. CONSIDERATION of ORDINANCE 09-07, amending the Town of Fountain Hills Town
Code, Chapter 7, Buildings and Building Regulations, to add a new Article 7-12, Illegal
Construction Site Activity, relating to certain building activities that may negatively impact
adjacent property
13. CONSIDERATION of RESOLUTION 2009-35, approving a Joint Project Agreement with
the Arizona Department of Transportation relating to the Shea Climbing Lane Project.
14. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. None.
15. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
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16. ADJOURNMENT.
DATED this 10th day of September, 2009
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.
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NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, SEPTEMBER 17, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
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 prior to commenting and to direct their comments to the Presiding Officer
and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a
speaker chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Associate Pastor Gary Emmons, Christ’s Church of Fountain Hills
ROLL CALL – Mayor Schlum
MAYOR’S REPORT -
(i) Mayor Schlum will read a proclamations:
a. Declaring September 28, 2009 as “Family Day – A day to eat dinner with your
children”
b. Declaring October 4 – 10, 2009, as Fire Prevention Week
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Chaparral Water Company District Manager Rob Hanford regarding
the state of the Town’s water resources.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
August 11, 20, and 31, 2009.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Michael Sadik Yono, (Sports Gourmet LLC DBA Overtime Sports Grille ) located at 16872
E. Avenue of the Fountains #104-106, Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Richard Eugene Floyd, (Parkview Tap House inc ) located at 16828 E. Parkview Avenue # B & C, Fountain Hills, AZ. This is for a series 12 license (Restaurant).
4. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by
Larry R. Antes (AMVETS Post No. 7) for the purpose of a golf fundraising event, located at 17030 E.
Enterprise Drive, Fountain Hills, AZ, scheduled to be held on September 26, 2009 from 9:00 a.m. to
11:59 p.m.
5. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by William Lee Klein (American Legion Post 58) for the purpose of a fundraising event,
located at 16837 E. Parkview Avenue, Fountain Hills, AZ, scheduled to be held on
November 13, 14 & 15, 2009, from 9:00 p.m. to 10:00 p.m.
6. CONSIDERATION for approval of RESOLUTION 2009-34 abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
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the southwesterly property line of Plat 203, Block 10, Lot 11 (16309 Fountain Hills Place) as
recorded in Book 149 of Maps, Page 29, Records of Maricopa County, Arizona. EA07-24
(La Mar)
7. CONSIDERATION for approving RESOLUTION 2009-37, abandoning whatever right,
title, or interest the Town has in portions of the certain Public Utility and Drainage
Easements located at the southerly property line of Plat 505A, Block 2, Lot 8 (15521 E.
Richwood Ave.) as recorded in Book 158 of Maps, Page 40, Records of Maricopa County,
Arizona. EA09-07 (Hiller)
REGULAR AGENDA
8. CONSIDERATION of RESOLUTION 2009-38, approving a donation agreement for the
TRANSFER OF OWNERSHIP of two parcels (176-25-552 and 176-06-701A) from the Lakeside
Village Homeowners’ Association to the Town of Fountain Hills, Arizona.
9. CONSIDERATION of a SPECIAL EVENT APPLICATION submitted by DCB Extreme
Adventures for the Tour de Scottsdale Bicycle race, scheduled to be held October 4, 2009,
from 8:00 a.m. to 10:00 a.m., with cyclists traveling through Fountain Hills along Fountain
Hills Boulevard, Saguaro Boulevard and exiting onto Shea Boulevard.
10. DISCUSSION of ORDINANCE 09-09, amending the Fountain Hills Town Code, Chapter 7,
Buildings and Building Regulations, Article 7-10, Development Fees, relating to adjustments
to development fees for the Town of Fountain Hills.
11. CONSIDERATION of APPROVING the Downtown Fountain Hills Vision Plan as depicted
in the documents prepared by Swaback Partners on behalf of the Town of Fountain Hills and
the Fountain Hills Chamber of Commerce with POSSIBLE DIRECTION TO STAFF to
process the downtown vision plan as an area specific plan in conjunction with the General
Plan amendment process. If subsequently adopted, the Vision Plan would serve as the official
policy guide for future ordinance revisions, land development and economic growth in
Downtown Fountain Hills.
12. CONSIDERATION of ORDINANCE 09-07, amending the Town of Fountain Hills Town
Code, Chapter 7, Buildings and Building Regulations, to add a new Article 7-12, Illegal
Construction Site Activity, relating to certain building activities that may negatively impact
adjacent property
13. CONSIDERATION of RESOLUTION 2009-35, approving a Joint Project Agreement with
the Arizona Department of Transportation relating to the Shea Climbing Lane Project.
14. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. None.
15. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
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16. ADJOURNMENT.
DATED this 10th day of September, 2009
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.
¾Center of Downtown Commerce¾Promotes Entrepreneurship¾A Variety of Commerce Opportunities & Business Uses
Avenue District¾Core of the Downtown¾Comfortable Atmosphere¾Shopping Destination¾“MUST VISIT” Magnet for Visitors
South End District¾Small Neighborhood Oriented Businesses¾Mixed-Use Residential¾2ndStory Offices¾Specialty Shops¾A “Village Square” Park
Residential District¾Condominium Developments¾Provides a Resident Population for the Downtown Area
West Side District¾A True Mixed-Use District¾Possible Location for a FutureLarge Entertainment Anchor
Civic District¾Current Home of Town Hall, Community Center, Library & Museum¾Possible Future Location of otherCommunity Resources such as a Pool
Service District¾Existing Commercial Plaza (Bashas)¾Community Oriented Businesses¾Important Component of the Downtownand Community as a Whole
¾Dynamic Transformation¾Amenity Oriented¾Public Open Space¾Performance Venue¾Small Specialty Shops,Retail & Cafés
Park District¾Majority to Remain as Passive Recreation¾More Amenities such as Trees, Lighting,Seating, Signage, & Other Furnishings
The Downtown Vision Planhas been designed with the aim of developing aflexible and pro-active framework in which the town can work on its own, or withdevelopers to create a vibrant, safe, and successful downtown. Each districtoutlined in this vision plan will have its own unique character while still blendingwith the other districts in the downtown area to provide many benefits including:¾Allows the Town to take a more precise approach to targeting specificdevelopment types and identifying specific locations for the developments.¾A Guide for developers who have done similar projects and Outlines the desiresof the Town and its residents.¾Assists in developing a specific outreach package to engage developers andbusinesses and encourage them to have a Fountain Hills presence.¾Creates an invigorated atmosphere that attracts both local and out of towncustomers to the area and helps our local businesses succeed.¾Enhances the quality of life for the town residents as well as attracting newvisitors.
Staff Recommends Approval of the Downtown Fountain Hills Vision Plan& That Staff be directed to process the Downtown Vision Plan for adoption as an Area Specific Plan in conjunction with the General Plan amendment process.
1095281.1
RESOLUTION NO. 2009-35
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
CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG WESTBOUND
SHEA BOULEVARD FROM FOUNTAIN HILLS BOULEVARD TO
PALISADES BOULEVARD.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the intergovernmental agreement with State of Arizona relating to
construction of roadway improvements along westbound Shea Boulevard from Fountain Hills
Boulevard to Palisades Boulevard (the “Agreement”) is hereby approved substantially in the
form attached hereto as Exhibit A.
SECTION 2. That 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 17, 2009.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
1095281.1
EXHIBIT A
TO
RESOLUTION NO. 2009-35
[Intergovernmental Agreement]
See following pages.
1095780.2
ADOT File No.: IGA/JPA 09-052I
AG Contract No.: Pxxx200xxxxxxx
Project No.:ARRA-FTH-0(203)A
Project: Roadway Widening
Section: Shea Blvd.-Palisades Blvd
TRACS No.: SS64601C
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF FOUNTAIN HILLS
THIS AGREEMENT is entered into this date ________________________________, 2009, pursuant to
the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the “State”) and the TOWN OF
FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL (the “Town”). The State and
the Town are collectively referred to as “Parties” or separately as “Party”.
I. RECITALS
1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of the State.
2. The Town is empowered by Arizona Revised Statutes §48-572 and the Fountain Hills Town
Code to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a
part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this
Agreement on behalf of the Town.
3. Congress has authorized appropriations for the American Recovery and Reinvestment Act of
2009 (ARRA 2009) for the disbursement of funds and investment in certain projects, including but not
limited to, roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other
infrastructure projects to save and create jobs for long term growth and stability
4. The work contemplated under this Agreement is for roadway construction which shall consist of
rubberized asphalt overlay and road widening of Shea Blvd. from Palisades Blvd, to Fountain Hills Blvd.,
hereinafter referred to as the “Project”. The State shall advertise, bid and award the Project.
5. Such Project lies within the boundary of the Town and has been selected by the Town; the survey
of the Project has been completed; and the plans, estimates and specifications will be prepared and, as
required, submitted by the State to the Federal Highway Administration (FHWA) for its approval.
6. The interest of the State in this project is the acquisition and distribution of ARRA/Recovery Act
Funds for the use and benefit of the Town and to authorize such ARRA/Recovery Act Funds for the
project pursuant to Federal law and regulations. The State shall be the designated agent for the Town.
Page 2 IGA/JPA 09-052I
1095780.2
7. The ARRA/Recovery Act Funds will be used for the design and construction of the project,
including the construction engineering and administration cost (CE).
The current Project costs are as follows:
TRACS No. SS64601C
ARRA/Recovery Act Funds $1,081,614.00
LOCAL Funds $ 131,000.00
Other Federal Funds (MAGTIP) $2,164,000.00
*TOTAL Project Costs $3,376,614.00
*(Includes CE and project contingencies)
The parties acknowledge that the eventual actual cost may exceed the estimate, and such case the Town
is responsible for any and all costs exceeding the estimate.
THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows:
II. SCOPE OF WORK
1. The State will:
a. Review the design plans, specifications and other such documents and services required for
the construction bidding and construction of the Project and incorporate comments from the Town as
appropriate.
b. On behalf of the Town, perform work and prepare documents required by the FHWA to
qualify certain projects for and to receive ARRA/Recovery Act Funds. Such work may consist of, but is
not specifically limited to, the review and approval of the prepared environmental documents; the
preparation of the analysis requirements for documentation of environmental categorical exclusion
determinations; review of reports, design plans, maps, and specifications; geologic materials testing and
analysis; right-of-way related activities and such other related tasks essential to the achievement of the
objectives of this Agreement.
c. Upon approval by the FHWA, and with the aid and consent of the Town and FHWA, proceed
to advertise for, receive and open bids subject to the concurrence of the FHWA and the Town. The State
will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project.
Administer contracts(s) for the Project and make all payments to the contractor(s). Be responsible for
contractor claims for additional compensation caused by the Project delays attributable to the State.
d. Enter into a Project Agreement with FHWA on behalf of the Town covering the work
encompassed in said construction contract and will request the maximum ARRA/Recovery Act Funds
available, including construction engineering and administration costs. Should costs exceed the maximum
ARRA/Recovery Act Funds available, it is understood and agreed that the Town will be responsible for
any excess cost not covered by ARRA/Recovery Act Funds.
e. Upon Execution of this Agreement and prior to Award of the Project, invoice for the Town for
the Town’s share of the Project costs.
f. Not be obligated to maintain said Project, should the Town fail to budget or provide for proper
and perpetual maintenance as set forth in this Agreement.
Page 3 IGA/JPA 09-052I
1095780.2
2. The Town will:
a. Upon execution of this Agreement, designate the State as authorized agent for the Town.
b. Provide the design documents required for construction of the Project and provide comments
to the State as appropriate.
c. Upon Execution of this Agreement and receipt of an invoice from the State, the Town will
remit the Town’s share of the Project costs.
d. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement
for bid. Hereby also certifies that all obstructions or unauthorized encroachments of whatever nature,
either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or
will be removed prior to the start of construction.
e. Not permit or allow any encroachments upon or private use of the right-of-way, except those
authorized by permit. In the event of any unauthorized encroachment or improper use, the Town shall
take all necessary steps to remove or prevent any such encroachment or use.
f. Grant the State, without charge, cost or additional documents and agreements, permission to
enter Town lands as required to conduct all construction and pre-construction activities related to the
Project, including and without limitation, temporary construction easements, or temporary right-of-entry.
g. Be responsible for any and all costs attributable to any engineering change orders requested
by the Town not covered by ARRA/Recovery Act Funds. The Town will also be responsible for
contractor claims for additional compensation caused by Project delays attributable to the Town.
h. Annually provide for the cost and proper maintenance of the Project, including all of the
Project components.
i. Except for penalties, assessments or sanctions of any kind that arise out of acts, errors or
omissions by the State, any of its departments, agencies, officers and employees, or its independent
contractors, pay the State full compensation for all penalties, assessments or sanctions of any kind
resulting from the Town’s failure to comply with any ARRA/Recovery Act requirement, including but not
limited to, auditing, reporting and monitoring the project and its costs.
j. Enter into an agreement with the design consultant which states that the design consultant
shall provide professional services as required and requested throughout the construction phase of the
Project.
k. Provide a set of as-built plans upon completion of the construction phase of the Project. An
electronic version of the as-built plans shall be forwarded to Arizona Department of Transportation Local
Government Section.
l. Upon completion of the Project, provide a Letter of Approval and Acceptance to ADOT
assuming full ownership of the Project.
III. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect for a
period of (5) five-years from the effective date, unless this Agreement violates any Arizona law, rule or
regulation, either now enacted or which may be enacted in the future. Further, this Agreement may be
cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30)
written notice to the other party. It is understood and agreed that, in the event the Town terminates this
Agreement, the State shall in no way be obligated to maintain said Project. Promptly after termination of
Page 4 IGA/JPA 09-052I
1095780.2
this Agreement, the Town will return to the State all property belonging to the State which is in the Town’s
possession, and the State will return to the Town all property belonging to the Town which is in the
State’s possession.
2. The State assumes no financial obligation or liability under this Agreement, or for any resulting
construction Project. The Town, in regard to the Town’s relationship with the State only, assumes full
responsibility for the design, plans, specifications, reports, the engineering in connection therewith and
the construction of the improvements contemplated, cost over-runs and construction claims. It is
understood and agreed that the State's participation is confined solely to securing federal aid on behalf of
the Town and the fulfillment of any other responsibilities of the State as specifically set forth herein; that
any damages arising from carrying out, in any respect, the terms of this Agreement or any modification
thereof shall be the liability of the Town and that to the extent permitted by law, the Town hereby agrees
to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or
employees from any and all costs and/or damage incurred by any of the above and from any other
damage to any person or property whatsoever, which is caused by any activity, condition,
misrepresentation, directives, instruction or event arising out of the performance or non performance of
any provisions of this Agreement by the State, any of its departments, agencies, officers and employees,
or its independent contractors, the Town, any of its agents, officers and employees, or its independent
contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall
include in the event of any action, court costs, and expenses of litigation and attorneys’ fees.
3. The cost of construction and construction engineering work under this Agreement is to be
covered by the ARRA/Recovery Act Funds set aside for this Project, up to the maximum available. The
Town acknowledges that the eventual actual costs may exceed the maximum available amount of
ARRA/Recovery Act funds, or that certain costs may not be accepted by the federal government as
eligible for ARRA/Recovery Act funds. Therefore, the Town agrees to furnish and provide the difference
between actual costs and the ARRA/Recovery Act Funds received.
4. The State will follow reporting requirements in accordance with Section 1201and Section 1512 of
the American Recovery and Reinvestment Act of 2009.
5. This Agreement shall be filed with the Arizona Secretary of State and shall not become effective
until the date of said filing.
6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
7. All books, accounts, reports, files and other records of any Party relating to this Agreement or the
work done under this Agreement shall be subject at all reasonable times to inspection and audit by the
other Party until five years after the termination of this Agreement. Such records shall be available for
inspection upon five business days' notice at the offices of the Party in possession of the records.
8. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act,
including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order
Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding “Non-Discrimination”.
9. Non-Availability of Funds: Every payment obligation of the State or the Town under this
Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such
obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement
may be terminated by the State or the Town at the end of the period for which the funds are available. No
liability shall accrue to the State or the Town in the event this provision is exercised, and the State shall
not be obligated or liable for any future payments as a result of termination under this paragraph. Each
Party is responsible for funding its respective obligations under this Agreement, whether from general
funds or from other revenue.
Page 5 IGA/JPA 09-052I
1095780.2
10. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree
to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-
1518.
11. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows:
Arizona Department of Transportation
Joint Project Administration
205 S. 17th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
Town of Fountain Hills
Attn: Randy Harrel, PE, L.S
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
(480) 816-1404
(480) 837-3145 Fax
12. To the extent applicable under Arizona Revised Statutes Section 41-4401, each Party and its
subcontractors warrants their compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with the E-verify requirements under Arizona Revised Statutes
Section 23-214(A). A breach of the above-mentioned warranty by any Party or its subcontractors shall be
deemed a material breach of the Agreement and may result in the termination of the Agreement by the
non-breaching Party. Each Party retains the legal right to randomly inspect the papers and records of the
other Party’s or its subcontractors' employees who work on the Project to ensure that the other Party or
its subcontractors are complying with the above-mentioned warranty.
13. Pursuant to A.R.S. Sections 35-391.06 and 35-393.06, each Party certifies that it does not have a
scrutinized business operation in Sudan or Iran. For the purpose of this Section the term “scrutinized
business operations” shall have the meanings set forth in A.R.S. Section 35-391 or and 35-393, as
applicable. If any Party determines that another Party submitted a false certification, that Party may
impose remedies as provided by law including terminating this Agreement.
14. 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
By ______________________________
JAY T. SCHLUM
Mayor
STATE OF ARIZONA
Department of Transportation
By ______________________________
SAM MAROUFKHANI, P.E.
Deputy State Engineer, Development
ATTEST:
By ______________________________
BEV BENDER
Town Clerk
1095780.2
IGA/JPA 09-052I
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, acting by and through its TOWN COUNCIL, an Agreement among public agencies
which, has been reviewed pursuant to A.R.S. § 11-951 through § 11-954 and declare this Agreement to
be in proper form and within the powers and authority granted to the TOWN OF FOUNTAIN HILLS 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 __________________ day of __________________, 2009.
___________________________
Town Attorney