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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 Page z:\council packets\2008\r2-7-08\agenda 2-7-08 .doc 2/1/2008 4:09 PM Page 1 of 4 • 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. Page z:\council packets\2008\r2-7-08\agenda 2-7-08 .doc 2/1/2008 4:09 PM Page 2 of 4 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 Page z:\council packets\2008\r2-7-08\agenda 2-7-08 .doc 2/1/2008 4:09 PM Page 3 of 4 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. Page z:\council packets\2008\r2-7-08\agenda 2-7-08 .doc 2/1/2008 4:09 PM Page 4 of 4 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 z:\council packets\2008\r2-7-08\aaf minutes.docx Page 1 of 1 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