HomeMy WebLinkAbout120301P
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, MARCH 1, 2012
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may
be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to
such recording, or take personal action to ensure that thei r child or children are not present when a recording may be made. If
a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name 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 M eeting 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
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Mary Kubes, Church of the Ascension
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) RECOGNITION of Community Center Advisory Commissioners Grace Jakubs and
Kathie Kelly for their contributions.
ii.) RECOGNITION of McDowell Mountain Preservation Commissioner Bob Sanders
for his contributions.
iii.) RECOGNITION of Parks and Recreation Commissioner Fred Bedell and Youth
Commissioner Amy Sanders for their contributions.
iv.) RECOGNITION of Senior Services Advisory Commissioners Ed Cisak and Larry
Mallek for their contributions.
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 ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
January 26, 2012 [Retreat] and February 16, 2012.
2. CONSIDERATION for approval of RESOLUTION 2012-03, abandoning whatever right,
title, or interest the Town has in certain portions of the public utility easement located at the
rear property line of Plat 401-B, Block 6, Lot 28 (10406 N. Demaret Drive) as recorded in
Book 155 of Maps, Page 12, Records of Maricopa County, Arizona EA2012-01 (Martin).
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Valerie Ann Stasik representing the Fountain Hills Theater, Inc., for the purpose
of a fundraiser to be held at 13001 N La Montana Drive, on Sunday, March 18, 2012, from
5:00 PM to 11:00 PM.
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4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Samuel D. Coffee representing the Sons of AMVETS Squadron 7, for the
purpose of a fundraiser to be held at 12925 N Saguaro Boulevard, on Saturday, March 17,
2012, from 10:00 AM to 6:00 PM.
REGULAR AGENDA ITEMS
5. CONSIDERATION of ORDINANCE 12-02, an amendment to the Fountain Hills Town
Code, Chapter 1, Article 1-8, and Chapter 12, by creating provisions related to enforcement of
civil violations.
6. CONSIDERATION of the Fourth Amendment to the Professional Services Agreement
(PSA) to HDR Engineering’s design contract for the Shea Boulevard/Saguaro Boulevard
Intersection Improvements Project. This PSA Amendment #4 increases the project design
cost by $50,139 and extends the contract time to August 31, 2012.
7. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director
Julie Ghetti.
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.
8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim
Town Manager/Finance Director Julie Ghetti.
9. ADJOURNMENT.
DATED this 23rd day of February 2012.
_____________________________________
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.
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, MARCH 1, 2012
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may
be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to
such recording, or take personal action to ensure that thei r child or children are not present when a recording may be made. If
a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name 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 M eeting 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
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Mary Kubes, Church of the Ascension
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) RECOGNITION of Community Center Advisory Commissioners Grace Jakubs and
Kathie Kelly for their contributions.
ii.) RECOGNITION of McDowell Mountain Preservation Commissioner Bob Sanders
for his contributions.
iii.) RECOGNITION of Parks and Recreation Commissioner Fred Bedell and Youth
Commissioner Amy Sanders for their contributions.
iv.) RECOGNITION of Senior Services Advisory Commissioners Ed Cisak and Larry
Mallek for their contributions.
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 ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
January 26, 2012 [Retreat] and February 16, 2012.
2. CONSIDERATION for approval of RESOLUTION 2012-03, abandoning whatever right,
title, or interest the Town has in certain portions of the public utility easement located at the
rear property line of Plat 401-B, Block 6, Lot 28 (10406 N. Demaret Drive) as recorded in
Book 155 of Maps, Page 12, Records of Maricopa County, Arizona EA2012-01 (Martin).
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Valerie Ann Stasik representing the Fountain Hills Theater, Inc., for the purpose
of a fundraiser to be held at 13001 N La Montana Drive, on Sunday, March 18, 2012, from
5:00 PM to 11:00 PM.
Z:\Council Packets\2012\R3-1-12\120301A.docx Last printed 2/22/2012 3:22 PM Page 3 of 3
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Samuel D. Coffee representing the Sons of AMVETS Squadron 7, for the
purpose of a fundraiser to be held at 12925 N Saguaro Boulevard, on Saturday, March 17,
2012, from 10:00 AM to 6:00 PM.
REGULAR AGENDA ITEMS
5. CONSIDERATION of ORDINANCE 12-02, an amendment to the Fountain Hills Town
Code, Chapter 1, Article 1-8, and Chapter 12, by creating provisions related to enforcement of
civil violations.
6. CONSIDERATION of the Fourth Amendment to the Professional Services Agreement
(PSA) to HDR Engineering’s design contract for the Shea Boulevard/Saguaro Boulevard
Intersection Improvements Project. This PSA Amendment #4 increases the project design
cost by $50,139 and extends the contract time to August 31, 2012.
7. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director
Julie Ghetti.
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.
8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim
Town Manager/Finance Director Julie Ghetti.
9. ADJOURNMENT.
DATED this 23rd day of February 2012.
_____________________________________
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.
1625759.2
ORDINANCE NO. 12-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN
CODE, CHAPTER 1, ARTICLE 1-8, AND CHAPTER 12, BY CREATING
PROVISIONS RELATED TO ENFORCEMENT OF CIVIL VIOLATIONS.
WHEREAS, the Town of Fountain Hills Town Code (the “Town Code”) contains
provisions pertaining to penalties for various violations; and
WHEREAS, most violations of the Town Code are, by default, designated as class one
misdemeanor offenses; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) desire to adopt Town code enforcement procedures that mirror existing practice to first
seek compliance prior to issuance of a civil citation or criminal complaint; and
WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills to
have a uniform set of standards for civil enforcement of Town Code provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Town Code, Chapter 1 (General), Article 1-8 (Penalty),
Section 1-8-1 (Penalty Provisions), is hereby renamed Section 1-8-2 (Criminal and Civil Traffic
Penalty Provisions) and amended as follows:
Section 1-8-2 CRIMINAL AND CIVIL TRAFFIC Penalty Provisions
A. Any person found guilty of violating any provisions of this code WHERE NO
SPECIFIC PENALTY IS PROVIDED THEREFOR AND NO OTHER PENALTY
PROVISION IS RE FERENCED, except as otherwise provided in this code, shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed two thousand
five hundred dollars or by imprisonment for a period not to exceed six months, or by both such fine
and imprisonment. Each day that a violation continues shall be a separate offense punishable as
hereinabove described.
B. Any violation of or failure or refusal to do or perform any act required by Chapter 12
of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of
A.R.S. Title 28, Chapter 6, Articles 20 and 21 and amendments thereto.
C. Any person who is found or pleads guilty to a misdemeanor criminal offense in the
municipal court and who, as a consequence, is incarcerated in any jail facility, may as a part of any
sentence imposed by the municipal court, be required to reimburse the Town for any costs of such
incarceration charged to the Town by the jail facility in which the person was incarcerated.
1625759.2
2
SECTION 3. The Fountain Hills Town Code, Chapter 1 (General), Article 1-8 (Penalty)
is hereby amended by adding a new Section 1-8-1 (General Provisions) thereto, to read as
follows:
Section 1-8-1 General Provisions
A. Each day any violation of any provision of this code or of any ordinance
continues shall constitute a separate offense. In all cases where the same offense is made
punishable or is created by different clauses or sections of this code the prosecuting officer may
elect under which to proceed; but not more than one recovery shall be had against the same
person for the same offense; provided, the revocation of a license or permit shall not be
considered a recovery or penalty so as to bar any other penalty being enforced.
B. When two or more persons have liability to the Town or are responsible for a
violation of this code, their responsibility shall be joint and several.
C. Nothing in this Section shall in any way impair or act as a bar to any charges or
costs assessed pursuant to Chapter 5 of this code.
SECTION 4. The Fountain Hills Town Code, Chapter 1 (General), Article 1-8 (Penalty)
is hereby amended by adding a new Section 1-8-3 (Civil Penalty Provisions) thereto, to read as
follows:
Section 1-8-3 Civil Penalty Provisions
A. This Section applies whenever in this code or in any ordinance of the Town any
act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or
ordinance the doing of any act is required or the failure to do any act is declared to be unlawful,
and where a civil penalty is declared to be applicable.
B. Unless otherwise specified, written notice and/or civil citation may be issued for
the failure to do or perform any act required by this code.
C. Notice of Violation.
1. The Town may seek voluntary compliance with the provisions of this code
before issuing a civil citation or criminal complaint, as applicable. This shall include a
written notice of violation given to the responsible party.
2. A notice of violation may be issued by the Town Manager or authorized
designee.
3. The notice of violation shall set forth the nature of the violation, a
reference to the section(s) violated, the action required to come into compliance with the
provision of the code, the time period provided to come into compliance, and the person
at the Town to contact for further information.
1625759.2
3
4. The Town shall use reasonable efforts to ensure that notices of violation
are received by the responsible party; provided, however, failure of the responsible party
to receive a notice of violation shall not preclude the subsequent issuance of a civil
citation or criminal complaint, as applicable.
5. Nothing in this Section shall prevent the Town from taking immediate
action to protect the public from an imminent hazard to health or safety as otherwise
provided by law.
D. Civil Citations.
1. Unless otherwise designated as a criminal offense, if a violation continues
past the compliance time set forth in the notice of violation, a civil citation may be issued
to the person or entity responsible for the violation.
2. A civil citation may be issued by the Town Manager or authorized
designee.
3. The civil citation shall include the date of the violation, a reference to the
section(s) violated and, if applicable, the location of the property or site at issue.
4. The civil citation shall direct the defendant to pay the fine imposed
pursuant to Subsection 1-8-3(E) below or appear in the Fountain Hills Municipal Court
within ten days of the issuance of the citation.
5. The civil citation shall provide notice that if the defendant fails to pay the
fine or appear in the Fountain Hills Municipal Court as directed, a default judgment will
be entered in the amount of the fine designated on the citation for the violation. In
addition, a default fee may be imposed for failure to appear.
6. Service of the citation may be accomplished and will be deemed proper
and complete by any of the following methods:
a. Hand delivering the citation to the defendant.
b. Mailing a copy of the citation by certified or registered mail, return
receipt requested, to the defendant’s last known address.
c. Any means allowed by the Arizona Rules of Civil Procedure for
the Superior Courts of Arizona.
E. Civil Penalties.
1. A person or entity convicted of a violation of the code pursuant to this
Section, unless otherwise specified, shall be punishable by a base fine of not more than
$500.
1625759.2
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2. Any defendant who fails to pay the fine or appear in the Fountain Hills
Municipal Court as directed by a citation issued pursuant to this Section, or who fails to
appear at the time and place set for trial of a matter arising under this Section, shall be
subject to an additional default fee in an amount established by the Fountain Hills
Municipal Court.
3. Any judgments issued by the Fountain Hills Municipal Court shall be
subject to all surcharges and fees imposed by state law in addition to the base civil fines
required by this Section.
4. Judgments shall be collected in the same manner as any other civil
judgment as provided by law.
F. Recidivist Properties/Persons.
1. The recidivist process is designed to provide relief via an expedited
enforcement process for problems with persons or entities who repeatedly violate any
provision of this code or Town ordinance and who have demonstrated an unwillingness
to comply with this Section 1-8-3. Any violation of this chapter, whether initially
deemed civil or criminal in nature, which is committed by a person deemed a recidivist as
set forth in Subsection 1-8-3(F)(2) below, shall be deemed a misdemeanor and shall be
addressed as set forth in Subsection 1-8-2(A) above.
2. A person or entity shall be deemed a “recidivist” if such person or entity
has been issued a notice of violation and/or civil citation, and/or criminal charges filed
for two or more times within the last two-year period relating to violations of the same
provisions of this code.
3. To address frequently occurring violations on recidivist parties or
entities, the Town Manager or authorized designee may initiate non-complaint based
inspections/code enforcement on recidivist parties or entities after case resolution to
check for a recurrence of the same violation(s).
4. Cases for which the persons or entities involved have been designated as
recidivist shall be submitted to the Town Prosecutor for further action consistent with
this chapter.
G. The penalties set forth in this Section shall be in addition to any penalty, fine, fee,
assessment or surcharge that may be assessed pursuant to state law.
SECTION 5. The Fountain Hills Town Code, Chapter 12 (Traffic), Article 12-2 (Traffic
Control), Section 12-2-13 (Penalties), is hereby amended as follows:
Section 12-2-13 Penalties
Violations of this article shall be punishable as set forth in Chapter 1, Article 1-8, SECTION
1-8-2, Subsection B, of this code.
1625759.2
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SECTION 6. The Fountain Hills Town Code, Chapter 12 (Traffic), Article 12-3 (Parking),
Section 12-3-12 (Penalties), is hereby amended as follows:
Section 12-3-12 Penalties
Violations of this Article shall be punishable as set forth in Chapter 1, Article 1-8, SECTION
1-8-2,. Subsection B, of this code. Each day that a violation continues shall be a separate offense
punishable by imposition of a civil sanction not to exceed three hundred dollars.
SECTION 7. The Fountain Hills Town Code, Chapter 12 (Traffic), Article 12-4 (Private
Parking), Section 12-4-6 (Penalties), is hereby amended as follows:
Section 12-4-6 Penalties
Violations of this article shall be punishable as set forth in CHAPTER 1, ARTICLE 1-8,
SECTION 1-8-2, Ssubsection B, of Article 1-8 of this code.
SECTION 8. 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.
SECTION 9. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
March 1, 2012.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Julie Ghetti, Interim Town Manager Andrew J. McGuire, Town Attorney
1668987.1
FOURTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
HDR ENGINEERING, INC.
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Fourth Amendment”) is made as of March 1, 2012, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and HDR Engineering, Inc., a Nebraska corporation
(the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Professional Services Agreement
dated May 15, 2008 (the “Initial Agreement”) for the review of the existing traffic conditions and
geometrics at the Shea Boulevard/Saguaro Boulevard intersection and for recommendations to
improve the intersection performance and safety as part of the Shea Boulevard Widening Project
(the “Project”) as the first phase of design services related to the intersection improvements. The
Initial Agreement was amended by that certain First Amendment to Professional Service
Agreement on August 7, 2008, to continue with the second phase of the intersection
improvements (the “First Amendment”), by that certain Change Order on December 31, 2009 to
add supplemental survey activities not part of the original scope of work and extend the term of
the agreement for the Project (the “Second Amendment”) and by that certain Third Amendment
to Professional Services Agreement on June 2, 2011, to add additional services and extend the
terms of the agreement for the Project (the “Third Amendment”). Collectively the Initial
Agreement, the First Amendment, the Second Amendment and the Third Amendment are
referred to herein as the “Agreement.”
B. After execution of the Third Amendment, the Town approved an amendment to a
development agreement related to Firerock Plaza (the “Development Agreement Amendment”).
As a result of the Development Agreement Amendment, the Town agreed to include certain
roadway-related improvements into the design for Shea Boulevard that will impact the Project.
The Town has determined that additional services are needed with respect to the Project to
incorporate the changes resulting from the Development Agreement Amendment (the
“Additional Services”).
C. The Town has also determined that it is necessary to extend the term of the
Agreement to allow for completion of the Additional Services.
D. The Town and the Contractor desire to amend the Agreement to provide for the
Additional Services and extend the term of the Agreement.
1668987.1
2
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the
Contractor hereby agree to amend the Agreement as follows:
1. Scope of Services. The Contractor shall provide the Additional Services as set
forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.
2. Compensation. The Contractor’s total compensation under the Agreement shall
be increased by no more than $50,139.00 from $349,163.00 to $399,302.00 as consideration for
the Additional Services as more particularly set forth in Exhibit A.
3. Term of Agreement. The term of the Agreement shall be extended from
December 31, 2011 until May 31, 2012.
4. Effect of Amendment. In all other respects, the Agreement is affirmed and
ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall
remain in full force and effect.
5. Non-Default. By executing this Fourth Amendment, the Contractor affirmatively
asserts that the Town is not currently in default, nor has been in default at any time prior to this
Fourth Amendment, under any of the terms or conditions of the Agreement.
6. Conflict of Interest. This Fourth Amendment may be cancelled by the Town
pursuant to ARIZ. REV. STAT. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
1668987.1
3
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
Julie A. Ghetti, Interim Town Manager
ATTEST:
Bevelyn J. Bender, Town Clerk
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2012,
by Julie A. Ghetti, the Interim Town Manager of the TOWN OF FOUNTAIN HILLS, an
Arizona municipal corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
(affix notary seal here)
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
1668987.1
EXHIBIT A
TO
FOURTH AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
HDR ENGINEERING, INC.
[Scope of Work]
See following pages.