HomeMy WebLinkAboutAgenda Packet 2-7-08
NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:45 P.M. - 6:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in 2nd floor Fountain Conference Room)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, FEBRUARY 7, 2008
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 EAST 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. If there is a Public Hearing, please
submit the speaker card for that issue prior to the beginning of the Public Hearing and the
Consideration of said issue.
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 Council Members. Speakers’ statements should not be repetitive. In order to conduct an
orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require
the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts,
applause, protests or other conduct that disrupts or interferes with the orderly conduct of the
business of the meeting. Personal attacks on Council members, Town staff or members of the public
are not allowed. Please be respectful when making your comments. If you do not comply with these
rules, you will be asked to leave.
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.
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.
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Vice Mayor Ginny Dickey Councilmember Keith McMahan
Councilmember Ed Kehe Councilmember Jay Schlum
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• CALL TO ORDER –Mayor Nichols
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(A)(4), for discussion or consultation with the attorneys of the public body in order to consider
its position and instruct its attorneys regarding the public body’s position regarding contracts that are
the subject of negotiations, in pending or contemplated litigation or in settlement discussions
conducted in order to avoid or resolve litigation. (Specifically, a license agreement with MCO.)
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Larry Finch, Four Peaks Community Church
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT
i) None
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Presentation of a check in the amount of $27,217 by Dick Schmidt to the Town of
Fountain Hills representing funds raised by the ADOG organization.
ii) Recognition of Bud Oshman for his service on the Board of Adjustment.
iii) Recognition of Mark McDermott for his service on the Community Center Advisory
Commission.
iv) Recognition of Robert Hoffman for his service on the Public Safety Advisory
Commission.
v) Presentation by the Branch Director Rich Schultz of the Boys and Girls Club of
Greater Scottsdale – McKee Branch.
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 of January 8 and
January 17, 2008.
2. CONSIDERATION of approving the SPECIAL EVENT LIQUOR LICENSE APPLICATION for
Ken Bowman (Fountain Hills Post No. 58, The American Legion) for support of the Fountain
Festival of Arts and Crafts, located at 16837 E. Parkview Avenue, scheduled to be held February 22
and 23, 2008, from 9:00 a.m. to 11:59 p.m. and February 24, 2008, from 10:00 to 11:59 p.m.
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3. CONSIDERATION of approving the LIQUOR LICENSE APPLICATION for Robert Nabasny
(MLB Sports, LLC dba Overtime Sports Grille), located at 16872 E. Avenue of the Fountains,
Suites #104, #105, and #106, and the patio. This application is for a series 12 – Restaurant License.
4. CONSIDERATION of RESOLUTION 2008-06, accepting the Department of Homeland Security
(DHS) Fiscal Year 2007 Assistance to Firefighters Grant in the amount of $46,802.00 for the
purchase of new mobile and portable radios.
5. CONSIDERATION of accepting a DONATED BRONZE SCULPTURE as recommended
by the Public Art Committee for public display at the Community Center under the
previously approved Public Art. Master Plan.
REGULAR AGENDA
6. CONSIDERATION of a PURCHASE AGREEMENT with Riveer Environmental to purchase a
Sweeper Decant Disposal Facility in the amount of $149,350.
7. CONSIDERATION of approving an AMENDMENT to the CONSTRUCTION MANAGER AT
RISK AGREEMENT with Valley Rain Construction Corporation establishing the first of two
Guaranteed Maximum Prices (GMP) in the amount of $2,099,395.09 for construction of Desert
Vista Neighborhood Park Improvements.
8. CONSIDERATION of the “SIDEWALK, LANDSCAPE, AND LIGHTING EASEMENT
AGREEMENT” with Chaparral City Water Company on Parcel E at Desert Vista Park (EAA07-
02).
9. PUBLIC HEARING of ORDINANCE 08-01, a text amendment to Chapter 18, Town Center
Commercial Zoning District, of the Zoning Ordinance. If adopted, the amendment would allow for
Greater Building Heights, Reduced Setbacks, Shared Parking, and Multi-Family Residential uses in
the Town Center Commercial District (TCCD). Case #Z2007-05
10. CONSIDERATION of ORDINANCE 08-01, a text amendment to Chapter 18, Town Center
Commercial Zoning District, of the Zoning Ordinance. If adopted, the amendment would allow for
Greater Building Heights, Reduced Setbacks, Shared Parking, and Multi-Family Residential uses in
the Town Center Commercial District (TCCD). Case #Z2007-05
11. PUBLIC HEARING of ORDINANCE 08-02, to amend a portion of the Official Zoning Map of
approximately 18.44 acres in size from Intermediate Commercial Zoning District (C-2) to Town
Center Commercial District (TCCD) in the downtown area. Case #Z2007-04
12. CONSIDERATION of ORDINANCE 08-02, to amend a portion of the Official Zoning Map of
approximately 18.44 acres in size from Intermediate Commercial Zoning District (C-2) to Town
Center Commercial District (TCCD) in the downtown area. Case #Z2007-04
13. CONSIDERATION of RESOLUTION 2008-07, relating to the Town Council's intent to
dedicate property taxes, if approved by the voters at the May 20, 2008 Special Election,
exclusively to funding public safety, fire and emergency medical services.
14. CONSIDERATION of ORDINANCE 08-04, relating to an automatic reduction in the
Town's transaction privilege tax rate upon approval of the voters at the May 20, 2008
Special Election and collection of a primary property tax.
15. PROGRESS REPORT on the established items of Council business:
a. Development fees adjustment
b. Downtown development agreement/C-2 Zoning to TCCD
c. Environmental policy
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d. General access to the mountain preserve
e. Preparing a sound town financial future
f. State trust land/Ellman development agreement
g. Town Hall water feature at Avenue of the Fountains and La Montana Drive
h. Traffic control at Avenue of the Fountains and Saguaro
16. SUMMARY of COUNCIL REQUESTS by Interim Town Manager.
17. COUNCIL DISCUSSION/DIRECTION to the Interim 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.
18. ADJOURNMENT.
DATED this 1st day of February 2008.
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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The mission of the
Boys & Girls Clubs is to
provide a positive
environment, quality
programs, healthy
lifestyles and lifelong learning skills for
school-age youth in
Fountain Hills.
Mission Statement
http://www.bgcs.org
The Vision of the
Boys & Girls Clubs
is that all youth
who participate in Club
programs will achieve
personal success and make
a positive contribution to
society.
http://www.bgcs.org
Vision Statement
Boys & Girls Clubs of Greater Scottsdale
McKee Branch
Presents
Passport to Manhood
to
Town of Fountain Hills
February 7 , 2008
http://www.bgcs.org
Executive Summary
Teen Programs
•Boys & Girls Club with a grant partnership from the
Town of Fountain Hills will operate a Teen Center and
will implement and evaluate eight NEW teen programs
over a three year period.
•These Programs will be offered to members for free
and be one hour per week for 12 consecutive weeks.
•The programs offered are: Smart Girls, Skill Tech I & II
Digital Arts Suite, Money Matters, Power Hour, Jr. Staff
Development and Passport to Manhood.
http://www.bgcs.org
PROGRAM:
PASSPORT TO MANHOOD
Logic Model
Goal Statement
What is Passport to Manhood
Program Assessment
Program Outcomes
Program:
Passport to Manhood
Logic Model
at is Passport to Manhood
Program Assessment
Program Outcomes
Goal Statement
To Teach and promote responsibility,
reinforce positive behavior and
develop character in adolescent males
grades 6th –12th.
Program:
Passport to Manhood
Logic Model
Goal Statement
gram Assessment
ogram Outcomes
What is
PASSPORT TO MANHOOD
PASSPORT TO MANHOOD is a 12 session
program that concentrates on specific
aspects of manhood through highly
interactive activities.
Example of Sessions:
Substance Abuse
Relationship with Girls
Diversity
Personal Wellness
Program:
Passport to Manhood
Logic Model
Goal Statement
is Passport to Manhood
Program Outcomes
Program Assessment:
•a minimum of two classes per year
•a least 20 hours of volunteer service in
club in two core areas
•two community service projects
•75% retention/attendance rate
•pre & post test to determine effectiveness
Program:
Passport to Manhood
Logic Model
nt
Manhood
ment
Program Outcome:
•Passport to Manhood enrolled 15 members
•Each of the Club Members have completed
over 25 hours of club service for a total of 375
hours.
•Each of the Club Members have completed two
community service projects:
National Kids Day Event
Meth Awareness Event
•15 of the 14 members attended 100% of Mtg.
•Change in knowledge from Pre-Test to Post-test
was a 22% increase
•Over 270 members
participated
•Increase in Teen Membership
of 10%
•Over 3000 community service
hours
•An average of 24% increase in
knowledge based.
•Increase in # of hours per
member usage of 50%
http://www.bgcs.org
Teen Programs Highlights
Jeff G.
Boys & Girls Club
Member
Passport to Manhood
Testimonial
http://www.bgcs.org
Town of
Fountain
Hills
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 2/7/2008
Meeting Type: Regular
Agenda Type: Consent
Submitting Department:
Administration
Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: CONSIDERATION of approving the Town Council MEETING MINUTES of January 8
and January 17, 2008.
Applicant: NA
Applicant Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of
the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the
Town’s website in compliance with state law.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
SUGGESTED MOTION: Movet to approve the consent agenda.
Attachment(s): None
Submitted and Approved by:
Town Clerk 1/29/2008
Approved:
_________________________________________
Interim Town Manager Date
805364.1
RESOLUTION NO. 2008-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ACCEPTING AN ASSISTANCE TO
FIREFIGHTERS GRANT AWARD FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY.
WHEREAS, the U.S. Department of Homeland Security (“DHS”) has awarded the Town
of Fountain Hills (the “Town”) an Assistance to Firefighters Grant Award (the “Grant”) in the
amount of $46,802, for the purchase of new mobile and portable radios; and
WHEREAS, the Council of the Town of Fountain Hills desires to accept the Grant
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Grant Agreement Articles (the “Agreement”) between the Town
and DHS is hereby approved in the form attached hereto as Exhibit A and incorporated herein by
reference.
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, February 7, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney
805364.1
EXHIBIT A
TO
RESOLUTION NO. 2008-06
[Grant Agreement Articles]
See following pages.
Agreement Articles
U.S. Department of Homeland Security
Washington, D.C. 20531
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program
GRANTEE: Town of Fountain Hills
PROGRAM: Operations and Safety
AGREEMENT NUMBER: EMW-2007-FO-01728
AMENDMENT NUMBER:
TABLE OF CONTENTS
Article I Project Description
Article II Grantee Concurrence
Article III Period of Performance
Article IV Amount Awarded
Article V Requests for Advances or Reimbursements
Article VI Budget Changes
Article VII Financial Reporting
Article VIII Performance Reports
Article IX DHS Officials
Article X Other Terms and Conditions
Article XI General Provisions
Article XII Audit Requirements
Article XIII Additional Requirements
Article I - Project Description
The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public
and firefighting personnel against fire and fire-related hazards. After careful consideration, DHS has
determined that the grantee's project submitted as part of the grantee's application, and detailed in the
project narrative as well as the request details section of the application - including budget information -
was consistent with the program's purpose and worthy of award. The grantee shall perform the work
d ib d i th d t li ti it i d i th t d t il ti f th li ti
described in the approved grant application as itemized in the request details section of the application
and further described in the grant application's narrative. These sections of the application are made a
part of these grant agreement articles by reference. The grantee may not change or make any material
deviations from the approved scope of work outlined in the above referenced sections of the application
without prior written approval.
However, in keeping with this year's program guidance, grantees that have grant funds left over after
completing the approved scope of work prior to the end of the period of performance have three options
for the use of the excess funds: 1) they may return the unused funds to the Federal government, 2) they
may use a maximum of $5,000 to expand the activities for which they were awarded, or 3) create or
expand an existing fire prevention program. Grantees are encouraged to review the program guidance
for more information in this area.
Article II - Grantee Concurrence
By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts
and agrees to abide by the terms and conditions of the grant as set forth in this document and the
documents identified below. By receiving funds under this grant, grantees agree that they will use the
funds provided through the Fiscal Year 2007 Assistance to Firefighters Grant Program in accordance
with the guidelines provided in the Fiscal Year 2007 Assistance to Firefighters Grants program
guidance. The grantee agrees that Federal funds under this award will be used to supplement, but not
supplant, State or local funds for first responder preparedness. All documents submitted as part of the
application are made a part of this agreement by reference.
Article III - Period of Performance
The period of performance shall be from 28-DEC-07 to 27-DEC-08.
The grant funds are available to the grantee for obligation only during the period of performance of the
grant award. The grantee is not authorized to incur new obligations after the expiration date unless the
grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after
period of performance to incur costs associated with closeout or to pay for obligations incurred during
period of performance. Award expenditures are for the purposes detailed in the approved grant
application only. The grantee cannot transfer funds or assets purchased with grant funds to other
agencies or departments without prior written approval from DHS.
Article IV - Amount Awarded
The amount of the award is detailed on the Obligating Document for Award attached to these articles.
Following are the budgeted estimates for each object classes of this grant (including Federal share plus
grantee match):
Personnel $0.00
Fringe Benefits $0.00
Travel $0.00
Equipment $52,002.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect Charges $0.00
Total $52,002.00
Article V - Requests for Advances or Reimbursements
Grant payments under the Assistance to Firefighters Grant Program are made on an advance or
reimbursable basis for immediate cash needs. In order to request funds, the grantee must logon to the
Fire Grant System using their user id/password (used to submit the application), the grantee fills out the
on-line Request for Advance or Reimbursement. If an authorized user needs access to the application
but does not have the user id or password, they may be obtained by calling the help desk at 1-866-274-
0960.
Article VI - Budget Changes
With prior DHS approval, grantees may make changes in funding levels between the object classes (as
detailed in Article IV above), in order to accomplish the grant's scope of work. The grant's scope of work
is outlined in the project narrative and in the request details of the grant application. The provisions of
this article are not applicable to changes in the budgeted line-items listed in the request details section
of the application as the line-items in the request details section (i.e., scope of work) cannot be
changed.
Article VII - Financial Reporting
The Request for Advance or Reimbursement mentioned above will also be used for interim financial
reporting purposes. At the end of the performance period, or upon completion of the grantee's program
narrative, the grantee must complete, on-line, a final financial report that is required to close out the
grant. The Financial Status Report is due within 90 days after the end of the performance period.
Article VIII - Performance Reports
The grantee must submit a semi-annual and a final performance report to DHS. The final performance
report should provide a short narrative on what the grantee accomplished with the grant funds and any
benefits derived there from. If a grantee's performance period is extended beyond the initial 12-month
period, a semi-annual report is due every six month increment until closeout.
Article IX - DHS Officials
Program Officer: Tom Harrington, Deputy Director of the Grants Program Office, is the Program
Officer for this grant program. The Program Officer is responsible for the technical monitoring of the
stages of work and technical performance of the activities described in the approved grant application.
Grants Assistance Officer: Christine Torres is the Assistance Officer for this grant program. The
Assistance Officer is the Federal official responsible for negotiating, administering, and executing all
grant business matters.
Grants Management Branch POC: Belinda Bedran is the point of contact for this grant award and
shall be contacted for all financial and administrative grant business matters. If you have any questions
regarding your grant please call 703-605-0757.
Article X - Other Terms and Conditions
A. Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the
DHS Program Office.
B. Quotes obtained prior to submittal of the application - for the purposes of applying for this grant - are
not considered to be sufficient to satisfy the requirements for competition as outlined in OMB Circular A-
110 below. All bidding activities implemented for competition must be sought and obtained after award,
i.e., during the period of performance. Grantees may be jeopardizing their awards if the requirements
set forth are not adhered to.
Article XI - General Provisions
The following are hereby incorporated into this agreement by reference:
The program's annual Program Guidance.
44 CFR, Emergency Management and Assistance
Part 7 Nondiscrimination in Federally-Assisted Programs
Part 13 Uniform administrative requirements for grants and
cooperative agreements to state and local governments
Part 17
Government-wide Debarment and Suspension (Non-
procurement) and Government-wide Requirements for Drug-
free Workplace (Grants)
Part 18 New Restrictions on Lobbying
31 CFR 205.6 Funding Techniques
OMB Circular A-21 Cost Principles for Educational Institutions
OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes
OMB Circular A-122 Cost Principles for Non-Profit Organizations
OMB Circular
A-102
Uniform Administrative Requirements for Grants and Agreements With State and
Local Governments Assistance to Firefighters Grant Application and Assurances
contained therein.
OMB Circular
A-110
Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education, Hospitals, and Other NonProfit Organizations Assistance to
Firefighters Grant Application and Assurances contained therein.
Article XII- Audit Requirements
All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations. The main requirement of this OMB Circular is that
grantees that expend $500,000.00 or more in Federal funds (from all Federal sources) must have a
single audit performed in accordance with the circular.
As a condition of receiving funding under this grant program, you must agree to maintain grant files and
supporting documentation for three years upon the official closeout of your grant. You must also agree
fil il l f i DHS G l i
to make your grant files, books, and records available for an audit by DHS, the General Accounting
Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant
program or to ensure compliance with any requirement of the grant program.
Article XIII- Additional Requirements (if applicable)
Vehicle Awardees:
Vehicle awardees for FY 2007 will be required to include an advance payment bond as part of the
contract with their vehicle manufacturer. An advance payment bond is like an insurance policy that
protects you in the event that the manufacturer with whom you contracted to build your vehicle cannot
fulfill the contract, i.e., cannot finish building your vehicle for any reason. An advance payment bond is a
financial tool used to guarantee that , in the event of manufacturer/contractor default, funds will be
available to finish the construction of your vehicle and ensure its proper operation. From the vehicle
grantee's point of view, the insolvency of a contractor during the construction of a vehicle will most likely
result in delayed completion of the vehicle, additional expenses for a different manufacturer/contractor
to finish the work, or even loss of grant funds. For this reason, we now require
manufacturers/contractors to provide a bond from an independent bank, insurance company or bonding
agency so that the vehicle grantees can recover damages they may sustain if the
manufacturer/contractors default during the construction of a vehicle. The amount of the bond should be
equal to, or greater than, the sum of any payments, compensation and/or consideration provided prior
to the delivery of the vehicle. If no down payment is required in the purchase contract, an advance
payment bond is not required.
Regardless of whether a performance bond is obtained, each vehicle purchase contract must include a
performance clause. The performance clause stipulates a certain date when the vehicle will be
delivered by the vendor. If the vendor does not deliver the vehicle by the date stipulated in the
performance clause, penalties are administered to the vendor. These penalties should be of a severity
sufficient to provide the vendor with incentive to deliver the vehicle at the earliest possible date but no
less than $100 per day.
Regional Hosts:
Grantees that are the hosts of regional projects as provided for in the annual program guidance will not
be responsible for equipment purchased with grant funds if that equipment is disbursed to other first-
responder organizations under a memorandum of understanding which places the responsibility for the
equipment in the hands of the recipient.
Modification to Facilities Requirements:
DHS is required to ascertain how proposed modifications to any facilities that will have sprinkler
installation may be impacted by requirements related to the National Historic Preservation Act and the
National Flood Insurance Program regulations. Modification projects must be evaluated for compliance
with applicable statutory and regulatory environmental/historic preservation requirements and must be
approved by DHS prior to project implementation. No funds may be requested for construction until all
these requirements are fulfilled. If the installation site is a building that is 50 years old or older they shall
not proceed with proposed modification projects, other than planning, until being notified by DHS that all
reviews have been completed. Noncompliance may jeopardize receipt of federal funding.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
1a. AGREEMENT NO.
EMW-2007-FO-01728
2. AMENDMENT
NO.
0
3. RECIPIENT NO.
86-0650150
4. TYPE OF
ACTION
AWARD
5. CONTROL NO.
W437673N
6. RECIPIENT NAME AND
ADDRESS
Town of Fountain Hills
16705 E. Avenue of the
Fountains
Fountain Hills
Arizona, 85268-3815
7. ISSUING OFFICE AND ADDRESS
Grants Management, Operations
Directorate
245 Murray Lane - Building 410, SW
Washington DC, 20528-7000
POC: Belinda Bedran 703-605-0757
8. PAYMENT OFFICE AND ADDRESS
FEMA, Financial Services Branch
500 C Street, S.W., Room 723
Washington DC, 20472
9. NAME OF RECIPIENT
PROJECT OFFICER
Scott Lagreca
PHONE NO.
4808379820
10. NAME OF PROJECT COORDINATOR
Tom Harrington
PHONE NO.
1-866-274-0960
11. EFFECTIVE DATE OF
THIS ACTION
28-DEC-07
12. METHOD OF
PAYMENT
SF-270
13. ASSISTANCE ARRANGEMENT
Cost Sharing
14. PERFORMANCE PERIOD
From:28-
DEC-07 To:27-DEC-08
Budget
Period
From:01-
OCT-07 To:30-SEP-08
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM
NAME
ACRONYM
CFDA NO. ACCOUNTING DATA
(ACCS CODE)
XXXX-XXX-XXXXXX-
XXXXX-XXXX-XXXX-X
PRIOR
TOTAL
AWARD
AMOUNT
AWARDED
THIS ACTION
+ OR (-)
CURRENT
TOTAL
AWARD
CUMMULATIVE
NON-
FEDERAL
COMMITMENT
AFG 97.044 2008-M7-0001GF-25000000-
4101-D
$0.00 $46,802.00 $46,802.00 $5,200.00
TOTALS $0.00 $46,802.00 $46,802.00 $5,200.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should
print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program
legislation cited above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
N/A
DATE
N/A
18. FEMA SIGNATORY OFFICIAL (Name and Title)
Christine Torres
DATE
17-DEC-07
EMW-2007-FO-01 42470 66228
PURCHASE AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PETTER INVESTMENTS, INC. D/B/A RIVEER COMPANY
THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of February 7,
2008, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and
Petter Investments, Inc. d/b/a Riveer Company, a Michigan corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, the GSA Federal Supply Services (FSS)
entered into contract No. GS-07F-5997R (the “FSS Contract”) with the Contractor for the
purchase of water purification units (the “Services”). The FSS Contract is attached hereto as
Exhibit A and incorporated herein by reference.
B. The Town is permitted to purchase the Services under the FSS Contract without
further public bidding, and the FSS Contract permits its cooperative use by political subdivisions
including the Town.
C. The Town desires to contract with Contractor for the Services under the FSS
Contract for a cost lower than would otherwise be available.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the covenants and promises set forth below and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Contractor shall provide to the Town the Services under the terms and conditions
of the FSS Contract and in accordance with the Contractor Proposal, a copy of which is attached
hereto as Exhibit B and incorporated herein by reference.
2. The Town shall pay Contractor a price not to exceed $149,350.00 for the Services.
3. This Agreement may be cancelled pursuant to ARIZ. REV. STAT. § 38-511.
[SIGNATURES ON THE FOLLOWING PAGE]
802279.1
EXHIBIT A
TO
CONTRACT FOR SERVICES
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PETTER INVESTMENTS, INC. D/B/A RIVEER COMPANY
[FSS Contract]
See following pages.
802279.1
802279.1
EXHIBIT B
TO
CONTRACT FOR SERVICES
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PETTER INVESTMENTS, INC. D/B/A RIVEER COMPANY
[Contractor Proposal]
See following pages.
805044.1
RESOLUTION NO. 2008-07
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING THE INTENTION OF THE
MAYOR AND COUNCIL TO DEDICATE ALL AMOUNTS RAISED BY
PRIMARY (AD VALOREM) PROPERTY TAXES EXCLUSIVELY TO
PUBLIC SAFETY, FIRE AND EMERGENCY MEDICAL SERVICES.
WHEREAS, the Town of Fountain Hills (the “Town”) provides public safety, fire and
emergency medical services within the corporate limits of the Town; and
WHEREAS, the cost to the Town to provide public safety, fire and emergency medical
services presently exceeds $6.1 Million annually; and
WHEREAS, on January 17, 2008, the Mayor and Council of the Town of Fountain Hills
(the “Town Council”) adopted Resolution 2008-05, submitting a $4.5 Million annual primary (ad
valorem) property tax question to the qualified electors of the Town for consideration at a special
election to be held on May 20, 2008, to offset a portion of the cost to provide public safety, fire
and emergency medical services to Fountain Hills residents; and
WHEREAS, the Town Council desires to declare its intention that all amounts raised by
such primary property taxes be dedicated solely to funding public safety, fire and emergency
medical services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Town Council hereby declares its intention to dedicate all
revenues collected pursuant to a primary property tax approved by the qualified electors of the
Town of Fountain Hills exclusively to funding the costs associated with public safety, fire and
emergency medical services.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk, the Town Finance
Director and the Town Attorney are hereby authorized and directed to take all steps necessary to
implement the Town Council’s intent as set forth herein.
[SIGNATURES ON FOLLOWING PAGE]
805044.1
2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, on February 7, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney
805131.1
ORDINANCE NO. 08-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE
TAX; PROVING FOR AUTOMATIC AMENDMENTS TO THE TOWN TAX
CODE TO DECREASE THE RATE OF TAXATION FROM TWO AND SIX
TENTHS PERCENT (2.6%) TO XXXX PERCENT (XX%) UPON THE
OCCURRENCE OF CERTAIN CONDITIONS; PROVIDING PENALTIES
FOR THE VIOLATION THEREOF; AND PROVIDING FOR SEVERABILITY.
WHEREAS, on January 16, 2003, the Mayor and Council (the “Town Council”) of the
Town of Fountain Hills (the “Town”) adopted Ordinance 03-01, amending the Town Tax Code
by increasing the transaction privilege (sales) tax rate from 1.6% to 2.6%, provided that the tax
was to remain in full force and effect only until such time as the earlier to occur of (i) formation
of a fire district that provides fire and emergency medical services to the entire incorporated area
of the Town of Fountain Hills and the levy and collection of a secondary property tax by said
district to fund such fire and emergency medical services or (ii) approval of a primary property
tax by the qualified electors of the Town of Fountain Hills at the special election on May 20,
2003, and the levy and collection thereof; and
WHEREAS, the primary property tax was not authorized at the May 20, 2003, election,
therefore, the sales tax increase remains in place, subject only to possible termination upon
formation of a fire district; and
WHEREAS, the Town Council desires to provide a stable funding source for critical
public safety, fire and emergency medical services; and
WHEREAS, the Town Council recognizes that the Town’s budget is currently overly
dependent upon state and local transaction privilege (sales) taxes as the primary funding source
for critical public safety, fire and emergency medical services; and
WHEREAS, in an effort to diversify and stabilize the Town’s revenues, and to more
fairly allocate the cost of public safety, fire and emergency medical services among all Fountain
Hills residents, the Town Council identified a primary property tax as a possible source of
revenue to replace a portion of the transaction privilege tax; and
WHEREAS, on January 17, 2008, the Town Council adopted Resolution 2008-05,
submitting a $4.5 Million primary property tax question to the qualified electors of the Town for
consideration at a special election to be held on May 20, 2008; and
WHEREAS, if the primary property tax is authorized by the qualified electors, the Town
Council desires to reduce the Town’s transaction privilege tax by an appropriate amount.
805131.1
2
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the tax rate in each of the following sections of the Town Tax Code
shall be set at XX percent (XX%) upon the date both of the following conditions have been met:
(i) approval of a primary property tax by the qualified electors at the May 20, 2008, special
election and (ii) collection of such primary property taxes and distribution of such revenues to
the Town:
Section 8A-410 Amusements, exhibitions, and similar activities.
Section 8A-415 Construction contracting: construction contractors.
Section 8A-416 Construction contracting: speculative builders.
Section 8A-417 Construction contracting: owner-builders who are not speculative
builders.
Section 8A-425 Job printing.
Section 8A-427 Manufactured buildings.
Section 8A-430 Timbering and other extraction.
Section 8A-435 Publishing and periodicals distribution.
Section 8A-444 Hotels.
Section 8A-450 Rental, leasing, and licensing for use of tangible personal property.
Section 8A-455 Restaurants and Bars.
Section 8A-460 Retail sales: measure of tax; burden of proof; exclusions.
Section 8A-470 Telecommunications Services.
Section 8A-475 Transporting for hire.
Section 8A-480 Utility services.
Section 8A-610 Use tax: imposition of tax; presumption.
SECTION 2. That, if the conditions set forth in Section 1 above are satisfied
(specifically, a primary property tax is approved and the taxes are collected and distributed to the
Town), Ordinance 03-01 shall be immediately repealed without further act of the Town Council.
SECTION 3. That any person found guilty of violating any provision of the Town Tax
Code shall be guilty of a class one misdemeanor.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
805131.1
3
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, February 7, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney