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HomeMy WebLinkAbout2020.0303.TCRM.Packet            NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey  Vice Mayor Mike Scharnow Councilmember Dennis Brown Councilmember Sherry Leckrone Councilmember Alan Magazine Councilmember David Spelich Councilmember Art Tolis      TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MARCH 3, 2020 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 or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT   The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM , please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible.   REGULAR MEETING    REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).             1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION OF Outgoing Vice Mayor Sherry Leckrone and Incoming Vice Mayor Mike Scharnow     B.PRESENTATION OF Town of Fountain Hills Citizen Lifesaving Award     C.RECOGNITION OF Students of the Month for March 2020     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION on RTP/Proposition 400 Extension by Audra Koester Thomas, Transportation Planning Program Manager for the Maricopa Association of Governments (MAG)     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.      Town Council Regular Meeting of March 3, 2020 2 of 4     A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 18, 2020.     B.CONSIDERATION OF adopting Ordinance 20-04 to Amend Town Code, Article 9-5, Section 3 General Preserve Regulations, to conform with the State Law.     C.CONSIDERATION OF Approving the New Trail Name "Ridgeline Trail" as recommended by McDowell Mountain Preservation Commission.     D.CONSIDERATION OF approving a Liquor License Application for Maskadores Taco Shop, located at 16754 E. Glenbrook Boulevard, Fountain Hills, Arizona, for an Acquisition of Control Series 12 (Restaurant) license.       E.CONSIDERATION OF approving a Liquor License Application for Fountain Hills Express Convenience Store & Deli, located at 11829 N. Saguaro Boulevard, Fountain Hills, Arizona, for an Acquisition of Control Series 10 (Wine & Beer Store) license.      F.CONSIDERATION OF approving a Special Event Liquor License application for the Town of Fountain Hills for a wine garden in conjunction with the Music Fest on April 4, 2020.     G.CONSIDERATION OF Ratifying the Town Manager's approval of emergency playground equipment repairs.     8.REGULAR AGENDA     A.CONSIDERATION OF adopting Resolution 2020-08 approving Intergovernmental Agreement with the City of Phoenix relating to the cooperative use of the Phoenix hosted and developed municipal tax dashboards on the Phoenix Business Intelligence System.     B.CONSIDERATION OF adopting Resolution #2020-07, Town of Fountain Hills Public Art Master Plan.     C.CONSIDERATION OF purchase of a Pumper Truck for the Fire Department and the associated budget transfer.     D.CONSIDERATION OF a Cooperative Purchasing Agreement with Riddle Painting & Coatings, Co. for painting Civic Center Complex buildings.     E.CONSIDERATION OF approving the First Amendment to Professional Services Agreement between the Town of Fountain Hills and JE Fuller/Hydrology and Geomorphology, Inc. (Contract No. C2019-079.01), for the Golden Eagle Park Drainage Improvement - Phase 1 Grading, Final Design project.        Town Council Regular Meeting of March 3, 2020 3 of 4   Town Council Regular Meeting of March 3, 2020 4 of 4 F. CONSIDERATION OF approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department. G. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature, including: - HB2705 - HB2841 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER ltem(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action, or (ii)directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated thiso'7 711a of ^ ,2020. Eliza eth A. B , MMC,Town Cler The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or 1-800-367-8939(TOD)48 hours prior to the meeting to request a reasonable accommodation to participate in the 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. ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the meeting minutes of the Regular Meeting of February 18, 2020. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of February 18, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of February 18, 2020. Attachments Minutes  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 02/21/2020 07:46 AM Form Started By: Elizabeth A. Burke Started On: 02/20/2020 01:53 PM Final Approval Date: 02/21/2020  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 18, 2020                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the Regular Meeting of February 18, 2020, to order at 5:30 p.m.   2.MOMENT OF SILENCE    Mayor Dickey led the Council and audience in a Moment of Silence.   3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER    Councilmember Scharnow reported that he attended the breakfast on February 6, 2020, for the Canadian residents. He said that there were around 75 people in attendance and they heard from Glenn Williamson, Founder of the Canada Arizona Business Council and Honorary Consul of Canada, Joe Bill with the International Dark Sky Discovery Center, and staff. This was to promote new relationships between Canadian residents and business people and the Town of Fountain Hills. He said that he, along with Councilmember Tolis and Mayor Dickey, attended the inauguration of the new officers with the Fort McDowell Yavapai Nation and he congratulated them all. Councilmember Tolis said that the inauguration was a nice event and it was important to continue to foster a strong relationship. He said they are doing a great job of expanding their casino and that is great for Fountain Hills as well. Mayor Dickey reported that she attended the Pony Express, Concourse in the Hills and the Rotary lunch. She and staff attended a tour of the Southwest Wildlife Conservation Center, which was very interesting, and she thanked Denise Dunning-Ricketts for the invitation. She reported on Encore for More, previously Senior Services. She said that she attended the Love in the Hills on Valentine's Day and she thanked Sami and Stephenie for that event. She also attended the Heritage Festival and watched people paint the bollards and the 50th sign at Fountain Park.               A.A proclamation declaring February 2020, as Women's Suffrage Month.      Mayor Dickey invited Karen Ramos and a representative of the American Association of University Women, representing Fountain Hills, Rio Verde and Scottsdale, forward to receive the proclamation which she then read, commemorating the 100th anniversary by proclaiming February as Women's Suffrage Month.   B.PRESENTATION by Consul Enrique Melendez, Executive Director of the Consular Corps of Arizona, of the Key to the City from Ataco, El Salvador to the Town of Fountain Hills.    Consul Enrique Melendez, Executive Director of the Consular Corps of Arizona, said that they now have 43 nations represented, with Latvia just coming in. They have had three honorary consults in Fountain Hills, for which they have received many acclaims for being the smallest municipality with three. They include Poland, the Netherlands and El Salvador. He said that he was there to present two plaques that are very important to all of them and the Sister Cities groups. First is on behalf of the Mayor Oscar Gomez from the City of Ataco, El Salvador and 17 members of their city council. He said that it was a Key to the City, given to him last month in El Salvador. The second is for Sharon Morgan's dedication and love of the Sister Cities Program throughout the years. He said that 2006 they took students and chaperones to build homes in the jungle. He then read the plaque and presented a copy of the English version to the Clerk for distribution to the Town Council, Mayor and Councilmembers. Consul Melendez said that after 9/11, El Salvador was the only nation in the western hemisphere to send troops to Iraq. He said that he and his wife were there to send off the forces, and it was a great honor. He said that before Senator McCain went to heaven, they became friends and he had asked him, with all due respect, what he liked best about El Salvador--if it was the lakes, the ocean, the rivers, the volcanoes. Senator McCain said that it was their hearts. At this time the Mayor and Town Manager Grady Miller went down and had a photo taken with Consul Melendez, along with members of the Sister Cities groups.   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.    The following individuals addressed the Council: Regular Meeting of February 18, 2020 Page 2 of 13  The following individuals addressed the Council: Steve Messel, Fountain Hills resident, voiced concern with the millions of dollars proposed to be spent on widening Shea and the roundabout near Town Hall. Michelle Webb, Fountain Hills resident, voiced concern with the proposed widening of Shea. She then thanked the Mayor and Council for their time and efforts. Mayor Dickey reported that they had recently received questions about the ability for residents to vote on Fountain Hills items even if they were not registered in Fountain Hills. She asked Mr. Arnson to report on his findings. Mr. Arnson said that on local issues, or district elections, while they may be eligible to vote, generally they have to be a registered voter in Arizona, based on advice from the Arizona Secretary of State's Office.   7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda Items 7-A through 7-H.  Vote: 7 - 0 Passed - Unanimously   A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 4, 2020.      B.CONSIDERATION OF Resolution 2020-06, abandonment of the 20' Public Utility and Drainage Easement at the northerly (rear), and abandonment of the 10' Public Utility and Drainage Easement at the westerly side, both of Plat 403 B, Block 2, Lot 8. (16807 E. Monterey Drive) as recorded in Book 159, page 11, records of Maricopa County, Arizona. (EA 2020-01)      C.CONSIDERATION OF approving the final plat of "Replat for Adero Canyon - Parcel 5", a 54 lot residential subdivision.      D.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Cultural Civic Association to serve liquor in conjunction with the Fountain Hills Cultural Civic Association Member Appreciation event on March 13, 2020.      E.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Dark Sky Association to serve alcohol in conjunction with the Dark Sky Festival on March 28, 2020.      F.CONSIDERATION OF approving a Special Event Liquor License application for the Fearless Kitty Rescue to serve alcohol in conjunction with a fundraiser at the Fearless Kitty Rescue on May 8, 2020.      Regular Meeting of February 18, 2020 Page 3 of 13   G.CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills Veterans Memorial for a beer garden in conjunction with the Irish Fountain Fest on March 14, 2020.      H.CONSIDERATION OF approving a Fair/Festival Liquor License application for the Desert Diamond Distillery for a beer/wine garden in conjunction with the Thunderbirds Fine Art and Wine Festival on March 6-8, 2020      8.REGULAR AGENDA   A.CONSIDERATION OF Ordinance 20-03 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.02 B., to allow indoor vehicle sales and rentals in the C-1 zoning district.       Development Services Director John Wesley said that a few months ago they received a request to allow for vehicle sales in the C-1 zoning district. He said that they are currently allowed by right in C-3, and by Special Use Permit in C-2. He said that C-1 is pretty much a neighborhood. In discussing it with the applicant, they came up with a list of things that could be used. What is being recommended tonight is from staff and the Planning and Zoning Commission: 1) All display sales activities would take place indoors 2) No maintenance or washing allowed 3) Maximum area would be 5,000 square feet to keep the number of vehicles down 4) Currently in C-1 businesses have to be closed by 11:00 p.m. The Commission recommended that for this use, it be 9:00 p.m. with no overnight parking. Mr. Wesley noted that this change would apply to all C-1 property in the Town. Carl Krawczyk, representing the VFW 7507, said that the Veterans own the building right behind this building and they have no objection as to the use. He just wanted to make sure it was clear that the VFW had no involvement with this business, even though it is named Veterans Auto Center. Councilmember Tolis asked if there were any other buildings in the C-1 larger than 5,000 sq. ft. Mr. Wesley said that from the beginning they had discussed there being some size limit and they settled on 5,000 sq. ft. Their concern was that if it got larger than that, the traffic may become a problem for the neighborhood. Councilmember Tolis said that he would be in favor of eliminating that. Also, he said that there is parking throughout that entire area, and he would think it would be restrictive to not allow overnight park, and he asked about the enforceability. Councilmember Tolis also questioned the requirement to close at 9:00 p.m., when all other business in the C-1 could remain open until 11 p.m. He said that the Town wants to encourage success of its businesses. Councilmember Brown asked if staff explained why they could not do this with a Special Use Permit. He was concerned with changing the entire ordinance for one business. His office is at the end of the VFW building, and he is totally for this. It is a good use and a good location, but he wondered why they did not just go through the Special Use process. He said that he agreed with Councilmember Tolis. He did not believe they needed to be putting additional restrictions on businesses. He said that they have four pads in front of Regular Meeting of February 18, 2020 Page 4 of 13 the building, that were originally going to be used for patios for offices. They are exactly the right size and if they wanted to park a car on their building's pad he did not see the harm with that. Councilmember Magazine asked how far away the nearest residences were. Mr. Wesley said that there are residences backing to this property. Councilmember Magazine said that he would vehemently oppose the notion of having no restrictions on businesses. Mayor Dickey asked staff to explain why it could not be a Special Use Permit. Mr. Wesley said that the ordinance does not currently allow vehicle sales in C-1. They are allowed in the C-2 zone with a Special Use Permit. To allow them in the C-1 with a Special Use Permit would still require a change to the zoning ordinance. Councilmember Tolis asked James Smith to comment on other C-1 locations in Town. He said that the Fry's Plaza is C-1. There is a large executive office suite where he could envision enticing businesses to come in there, such as Tesla, with inside sales. He asked how the company has been structured and if it was a 501(c)3 auto sales, with no sales tax going to the Town. Economic Development Director James Smith said that the C-1 zoned properties along Shea would be of interest to auto dealers as they are the busiest arterials. He said that if they went forward with this change it is something they could recruit. Councilmember Tolis also asked about the old Walgreen's building. It was noted that it is zoned C-2, which would allow this with a Special Use Permit. He said that he believed they were on to something very strong. He has been preaching about the need for high dollar ticket items. If there was a way to incorporate C-1 and C-2 to allow for indoor auto sales, it could bring in the revenues they have been looking for. Councilmember Magazine said that they do not know what the universe of C-1 properties is out there and do not know how close they are to residences. He did not want the area to look like Surprise; they do not need a lot of dealerships on Shea. He said that he has not heard any discussion about the impact on citizens. Vladimir Buer, Fountain Hills resident and in charge of this project, said that sales tax would be collected and would go to the Town. Councilmember Tolis thanked him for his business and for investing in Fountain Hills. Councilmember Scharnow asked how much time they would add to the process to allow this, but through the Special Use Permit route. Mr. Wesley said that they could have it back to Council in April. Councilmember Scharnow said that he is in favor of the proposal as written, with the 9:00 p.m. closing restriction. Councilmember Tolis said that other businesses in the C-1 zone are already open until 11 p.m. Councilmember Magazine said that the notion that they have a lot of vacant parcels and should do everything they can to get commercial establishments into them, is headed in the wrong direction. He did not think they were being unfriendly to business. He does not think that opening Pandora's box makes sense. He said that citizens are more important than any commercial properties. Regular Meeting of February 18, 2020 Page 5 of 13 Councilmember Tolis said that the citizens are important and that is exactly why they were charged to do their jobs. They should be doing everything they can to fill the properties with high dollar items. That will be his policy. Councilmember Magazine said that he has heard this from Councilmember Tolis for years. They do have problems, a long list of infrastructure projects they cannot finance. But, filling vacant buildings with this type of business is not going to solve their problems.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to adopt Ordinance 20-03, as written.    MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown to amend the motion to eliminate the 9:00 p.m. closing restriction, and allow them to be open until 11:00 p.m., as existing businesses in C-1 are allowed to do, and the outside parking restriction for C-1 is unrealistic and should be removed.  Vote: 2 - 5 Failed  AYE: Councilmember Art Tolis  Councilmember Dennis Brown    MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown to amend the motion to allow the 11:00 p.m. closing, but not allow overnight parking.  Vote: 6 - 1 Passed  NAY: Councilmember Mike Scharnow    MOTION to adopt Ordinance 20-03 as written, with the exception of allowing it to remain open until 11:00 p.m. (as amended).  Vote: 7 - 0 Passed - Unanimously    Mr. Miller asked if Council would like to have Mr. Wesley come back on this type of use with a Special Use Permit, understanding that this would stand for now. Councilmember Tolis asked that they look at both the C-1 and C-2 zones.   B.CONSIDERATION OF a Cooperative Purchasing Agreement with Riddle Painting & Coatings, Co. for painting the buildings in the Civic Center Complex.       Mr. Miller said that Mr. Rees would be reviewing this item, noting that they were before Council a few years ago, but the agreement ran out. He said that the funding for this has been set aside in the CIP Facilities Replacement Fund. Facilities/Environmental Supervisor Raymond Rees came forward and reviewed the request, noting that this was to have been done in 2015, and prior to that it was 2007 when it was last painted. He said that the cost of the proposal is $190,283, which would include the Community Center, Museum, all side walls, windows, door frames, light poles, and monument stands. Councilmember Magazine noted that he had just been notified that the video on Channel 11 cannot be seen. Mr. Rees said that the museum is deteriorating quickly. They need to get the grout lines on the building itself painted to extend the life of the stucco. He then reviewed the Regular Meeting of February 18, 2020 Page 6 of 13 on the building itself painted to extend the life of the stucco. He then reviewed the renderings which had been done by the paint vendor. He reviewed the colors, noting that they would be uniform, minus the purple. He said that also included is the interior painting of the library, which will be done in conjunction with the carpeting. They have contacted the Friends of the Library about the possibility of their contributing to this project, but they have not yet replied. He said that the total for the interior of the library is about $159,000, and that is the number he gave to the President of the Friends of the Library. Councilmember Magazine asked if they were the low bidders. Mr. Rees replied that this is a Cooperative Purchasing Agreement, which means that it has been vetted by the state already through Mohave, which is used by the schools. Councilmember Spelich said that he was in the process of getting bids to paint his home and he was wondering if this paint included the elastomeric material and what the warranty was. Mr. Rees said that they were doing an epoxy paint on the building. His understanding is that when they did the bid they took into account the deterioration of the quality of the stucco on the building. He was not sure on the warranty and would need to get back to Council with that answer. Councilmember Brown said that he has seen epoxy paint used in California, and it is a good product, but the elastameric product is commonly used in Arizona. If possible, he would like to see a cut sheet on the epoxy paint to read about it further. Mr. Miller said that in light of these questions, he would withdraw this item and bring it back with information on the warranty period and a cut sheet on the epoxy paint. Councilmember Scharnow asked if the bid included the concrete benches. Mr. Rees said that it was not part of the scope of the project. Councilmember Magazine said that, with regard to the warranty, it was also important to see what the definitions are, and what can happen when the warranty is needed. Councilmember Spelich said that he was totally with Councilmember Brown; he would like to see it come back as soon as possible. He is not against painting infrastructure. He just wants to make sure they spend the money wisely.   C.CONSIDERATION OF approving the purchase agreement for the sale of former Fire Station No. 2.       Mr. Miller stated that in February of last year the new Fire Station 2 was opened. Subsequently, the Town went through a process to sell the old fire station located on Saguaro south of Shea. He said that the first bid received was thrown out for noncompliance, and they put it out to bid again. Public Works Director Justin Weldy explained that over multiple years, decisions have been made in the best interest of the community, and one of those decisions was to locate a new fire station that helps them meet the response times needed. He said that the first request for bids had a minimum of $600,000 and that minimum was not met. They went back out with a second request for bid and received two bids. After vetting the two bids, it is his opinion and that of the legal team, that this was the best offer.    MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Sherry Regular Meeting of February 18, 2020 Page 7 of 13  MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Sherry Leckrone to approve the purchase agreement for the sale of former Fire Station No. 2 in the amount of $420,200.  Vote: 7 - 0 Passed - Unanimously    Mr. Miller added that the funds from the sale of the property will go into the Capital Improvements Program, and will go toward other one-time uses.   D.CONSIDERATION OF Approval to Redesign and Paint the Mural Wall Located at Fountain Park.       Community Services Director Rachael Goodwin said that they had Jenny Willgrod and others from the Public Art group who are interested in repainting the mural wall at Fountain Park as it has started to peel. She then asked Ms. Willigrod to come forward and explain the project. Ms. Willigrod said that they have worked with the high school kids before and the last time it did fade quite terribly. There was a lot of damage to the wall from wetness on the backside of the wall. The Town has power-washed and primed the wall. She then showed an illustration of what they plan to have painted. She said that in front of the pumphouse the wall is a butterfly garden and they are making the mural of different Arizona butterflies. They want to make it educational as well as artistic. She said that they hope to start painting around March 18, and anticipate it will take approximately five days. The cost is around $2,500. She said that they were going to use exterior acrylic paint. Councilmember Brown said that this is actually what he sees as he looks out his back door and he appreciates their efforts. Ms. Willigrod said that Karla at the high school said that they have been painting their parking spots on the ground with paint from Ace, but based on prior discussions at the meeting, they will research the paint further. She added that the Town has agreed to put on a UV coating, which has not been done in the past, and they are hoping that will provide some added protection.    MOVED BY Councilmember Dennis Brown, SECONDED BY Vice Mayor Sherry Leckrone to approve the Recommendation from the Art Committee to Update the Mural Wall Located at Fountain Park.  Vote: 7 - 0 Passed - Unanimously   Regular Meeting of February 18, 2020 Page 8 of 13             E.CONSIDERATION OF a Professional Service Agreement (#2020-063) with Kimley-Horn for $157,453 for the: (1) Design Concept Report for the "Shea Boulevard Widening from Technology Drive to Palisades Blvd." project, in the amount of $115,778 (using 70% MAG ALCP reimbursement funding), and (2) Concept Design for the "Saguaro Boulevard Frontage Road - Panorama Drive to Colony Drive - Improvement District Development" in the amount of $41,675.       Mr. Weldy said that there were two parts to this contract. The first is the design concept report for the Shea widening project between Palisades and Technology. He said that as part of this contract, they will be asking this firm to look at what they have and what will be needed in the future to accommodate the additional traffic that is predicted through Maricopa Association of Government (MAG) and projected counts in the future. They will be looking at where, when and how much it will cost. Mr. Miller said that this was originally a part of the Prop 400 from back in 2004. It was identified with the transportation projects. As someone drives into Scottsdale they will see it turns into three lanes. There has been some widening done, but it has not been completed. The money that is left in the account with MAG is not enough to do the full widening; however, they have enough to do the design concept report. He said that this item is on the agenda for further discussion at next week's Retreat. He said that the design concept report would provide the information needed to be part of the next 20 years of projects if Prop 500 should pass. Councilmember Scharnow asked if he understood correctly that if they did this next step, they would be doing the engineering and design. Mr. Weldy replied that was correct. In the future, they would go for design and ask for design assistance, which is included in the MAG funding, and also the construction funding (70%) for that portion. He said that these two segments are the last sections in anticipated needs for increased traffic and congestion management. Mr. Miller said that originally throughout the Phoenix area the major east/west regional roads were significant. They were actually designed and built prior to the freeways coming in. The freeways have created a lot of congestion. These roads of regional significance (Bell, Shea, Cactus) help move traffic better than the freeway system can. Part of the overall solution regionally is to address traffic congestion and air quality and MAG takes all of that into consideration. They are also able to get federal funding for grants coming to address those issues. Councilmember Scharnow said that it seems there are a lot more people getting on Shea from the Beeline. He does not see how this road cannot be widened. He thinks it is shortsighted to not consider it. Mr. Weldy noted that over the last ten years there has been a local abundance of materials removed. Through the permitting process they have allowed for that fill to be placed, watered, and compacted to reduce the future costs of the widening so they would not have to import such materials. While they have been doing that, they have also considered the slope cutting and have allowed for additional depth. He said that a result of receiving that material and charging $50 per permit, the cost of widening has been substantially reduced. Mr. Miller said that they had money originally budgeted to do the full widening 20 years ago. At the time, they did their best to estimate. Back then Randy did the engineer's estimate. Today they require design concepts that go into analyzing the project. They have some Regular Meeting of February 18, 2020 Page 9 of 13 money left over from Prop 400 and are intending to use that money to do a small segment. Anything uncompleted would be submitted to MAG. He said that MAG now has a Call for Projects. This design report will not come back in time for that, but once they get the analysis they will forward it on to MAG staff. Vice Mayor Leckrone asked how far out the projections go. Mr. Harrel said that MAG has 2035, 2040 and will soon have a 2045. Mayor Dickey said that this was previously an approved project in Prop 400 and it will be in the same atmosphere that they would be putting it in again because of its regional significance. She said that every project that was in the original Prop 400 was only about half-funded over the 20 years. They will be having someone from MAG come to speak about Prop 500. Mr. Miller said that a big driver on some of the issues was the revenue was never realized with the half cent sales tax. With the downturn it did not generate what was projected and over time, with the hot construction market, projects have escalated. He said that they are even wondering if a half-cent sales tax is too low. Councilmember Tolis suggested that they table this item since they will be discussing it during the Retreat next week. Mr. Miller replied that this was critical to get moving. When they submit to the Call for Products, they need to be able to prove that the concept report is moving forward. Councilmember Brown asked if the Prop 400 money could be used for anything else. Mr. Miller replied that it could not. It is only available for the approved project, and they are talking about the approved project. He added that if they do not do their best to spend down the money by 2025, their chances of getting funding out of Prop 500 will go away. Councilmember Spelich said that he and Councilmembers Scharnow and Tolis spoke at the Republican Club breakfast, and they asked if the Council was insane with spending this money. He said that they cannot take this money and use it on other parts of the interior streets. It is imperative that this message gets out there. People read into things and make accusations. Mr. Miller said that the Town has been successful with receiving grants from MAG for pedestrian safety. He said that those types of projects all flow to the MAG technical committees and this will go to such a committee as well. He said that the Town's reputation is on the line. He said that they will do everything they can, through the PIO and in the community newsletter, to address this issue. Mayor Dickey said that there is no reason to imagine that the projections made in the past are not going to continue.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike Scharnow to approve a Professional Service Agreement (PSA 2020-063) with Kimley-Horn for $157,453, for the Design Concept Report for the "Shea Blvd. Widening from Technology Drive to Palisades Blvd,"for $115,778 (using 70% MAG RTP reimbursement funding).  Vote: 7 - 0 Passed - Unanimously    Mr. Miller noted that there was a second portion to the proposed contract. He said that last Regular Meeting of February 18, 2020 Page 10 of 13  Mr. Miller noted that there was a second portion to the proposed contract. He said that last year the Council provided direction to staff to work with the business owners and tenants on the service road off of Saguaro. This portion of the contract would allow them to bring in an engineer to do a business charette to gather more input from the property and business owners. They are recommending this action be done on the front end before they get too far along in the project. Mr. Wesley said that baased on past direction from the Mayor and Council, staff put together a small group and met with stakeholders and their tenants. Consensus of the majority was to move forward. If Council approves the second portion of this item it will provide for a concept design of the elimination of the service road from Panorama north to Colony. There are numerous options and they believe that this will provide an increased benefit to the business owners, and also the traffic congestion. He said that it would also be the boilerplate that they would consider using for the next segment. Mr. Miller clarified that "boilerplate" in this case was talking about the approach taken for citizen and business involvement. Councilmember Scharnow said that they had a discussion about a potential study in front of Safeway for a pedestrian crossing. He said that he thought they had the cart before the horse. He said that the idea is to get an Improvement District formed, which would require the adjacent property owners to agree, and then let the district fund the study. Councilmember Tolis gave some history on this issue. He said that if they were to work with the existing plan that they have, done 15 years ago, and work with the properties before they go forward with a $41,000 design concept. He said that in the past they did not have as many that they needed to have. He does not see this coming to fruition. He suggested that they use the plan they have and get the owners back together. Mayor Dickey said that this was in the 2010 General Plan, but she was unable to see if it was included in the 2020 Plan. If it is not, and they think it is worthwhile, they may want to add it. Councilmember Tolis said that he thought the plan they have now is a fantastic plan, but they have to get the owners on board and much more committed than they are right now. He would suggest that they give direction to staff to get the owners back together and review the previous plan, possibly at the Community Center, and hear more from them. Mr. Miller said that they were trying to shoe horn everyone into a design. They will do their best to work with the owners, but he is not hopeful. Councilmember Scharnow said that someone from that area needs to be the champion for this project. He did not think that staff should be spending a huge amount of time on this. Mr. Miller noted that with regard to the Improvement District, they need to have an improvement district scoped out, so the property owners would know what their portion is going to be.   Regular Meeting of February 18, 2020 Page 11 of 13             F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.       Mayor Dickey mentioned that the Candidate Campaign Sign Bill, HB2028, has now been amended to make it even longer--188 days prior to the General Election. The League is opposed to this bill and with the whole Reed v. Town of Gilbert, they cannot regulate content. This would be opening up all types of signs 188 days prior to an election.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis Brown to direct staff to send a letter of opposition, taking a formal position against this bill.  Vote: 7 - 0 Passed - Unanimously    Councilmember Tolis said that another issue he has concerns with is on SB1625, the banning of certain firearms. He said that he has heard from many in the community with their concerns, and he would like to direct staff to prepare a resolution to be brought back for a vote by the Council making the Town a Second Amendment Community. Councilmember Brown agreed. Mr. Arnson said that he was fine with staff bringing back a resolution for consideration and Mr. Miller added that they would provide information on that bill at that time. Mayor Dickey mentioned another bill being considered, HB2841, which requires every cit/town to set aside vacant land for an overlay of affordable housing. She mentioned HB2705, with regards to vacant buildings being individually registered so that Code Enforcement and the Police can contact the owners. This is a League proposal. There is also a bill being considered regarding vaping that would preempt cities/towns from making rules on the issue.   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.    None   10.ADJOURNMENT    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis Brown to adjourn the meeting.  Vote: 7 - 0 Passed - Unanimously     Regular Meeting of February 18, 2020 Page 12 of 13   The Regular Meeting of the Fountain Hills Town Council held February 18, 2020, adjourned at 7:28 p.m.     TOWN OF FOUNTAIN HILLS ______________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 18th day of February, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of March, 2020. _________________________________ Elizabeth A. Burke, Town Clerk Regular Meeting of February 18, 2020 Page 13 of 13 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  adopting Ordinance 20-04 to Amend Town Code, Article 9-5, Section 3 General Preserve Regulations, to conform with the State Law. Staff Summary (background) The Town Code, Article 9-5, Section 3 General Preserve Regulations currently reads that bow and arrow hunting is prohibited within the Fountain Hills McDowell Mountain Preserve.  However, the regulations are driven by the Arizona Game and Fish Department (AZGFD) and cannot be superseded. Ordinance 20-04 amends this section to allow bow and arrow hunting in accordance with State Law. Related Ordinance, Policy or Guiding Principle Town Code, Chapter 9, Article 9-5, Section 3, General Preserve Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) McDowell Mountain Preservation Commission recommended to Council approval of Ordinance 20-04 amending Town Code, Article 9-5, Section 3 General Preserve Regulations to Permit Bow and Arrow within the Preserve, in accordance with state law, at the Commission's January 28, 2020 meeting. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to adopt Ordinance 20-04. Attachments Ord 20-04  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 02/20/2020 01:49 PM Community Services Director Rachael Goodwin 02/20/2020 02:07 PM Town Attorney Aaron D. Arnson 02/20/2020 02:26 PM Town Manager Grady E. Miller 02/21/2020 07:10 AM Form Started By: Jamie Salentine Started On: 02/10/2020 01:32 PM Final Approval Date: 02/21/2020  ORDINANCE NO. 20-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 9, ARTICLE 9-5, SECTION 3, GENERAL PRESERVE REGULATIONS RECITALS: WHEREAS, the Mayor and Town Council wish to amend the Town Code to accept the McDowell Mountain Preservation Commission’s recommendation from the January 28, 2020 meeting to permit bow and arrow within the Preserve, in accordance with state law. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. Chapter 9, Article 9-5, Section 3, General Preserve Regulations, of the Town Code, is amended as follows: SECTION 9-5-3. GENERAL PRESERVE REGULATIONS The following are prohibited within the Preserve: … P. Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Route as directed by emergency personnel. Q. Using or discharging any firearm, bow and arrow, slingshot or other weapon, EXCEPT AS AUTHORIZED BY STATE LAW. SECTION 2. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 3rd day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk ORDINANCE 20-04 PAGE 2 REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Approving the New Trail Name "Ridgeline Trail" as recommended by McDowell Mountain Preservation Commission. Staff Summary (Background) On April 16, 2019, the Town Council approved the building of a new trail within the Fountain Hills Preserve. The Sonoran Conservancy of Fountain Hills and the Trailblazers have been meticulously building the trail over the last year and are nearing completion of the first of three phases. This trail interconnects with the Adero Canyon Trailhead and is approximately 2.25 miles long.  This trail is an integral part of the overall trail system that will add better connectivity to the Fountain Hills trail system. In order to properly sign and label the trail on maps and within the preserve, it is recommended by the McDowell Mountain Preserve Commission and staff that the new trail officially be named the Ridgeline Trail.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) At the January 28, 2020 meeting, the McDowell Mountain Preservation Commission unanimously recommended to Council to approve the new trail name to read "Ridgeline Trail." Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the recommendation from the McDowell Mountain Preservation Commission to name the new trail "Ridgeline Trail." Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 02/19/2020 03:23 PM Town Attorney Aaron D. Arnson 02/20/2020 08:52 AM Town Manager Grady E. Miller 02/21/2020 07:14 AM Form Started By: Jamie Salentine Started On: 02/10/2020 01:49 PM Final Approval Date: 02/21/2020  ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving a Liquor License Application for Maskadores Taco Shop, located at 16754 E. Glenbrook Boulevard, Fountain Hills, Arizona, for an Acquisition of Control Series 12 (Restaurant) license.   Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Theresa June Morse, agent of Maskadores Taco Shop, for submission to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance with Town ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. § 4-201; 4-202; 4-203; and 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to approve an Acquisition of Control liquor license application for Maskadores Taco Shop. Attachments Liquor License Application  Departmental Recommendation  Form Review Inbox Reviewed By Date Finance Director David Pock 02/19/2020 03:19 PM Town Attorney Kukkola Sonia 02/19/2020 03:44 PM Finance Director David Pock 02/19/2020 04:53 PM Town Attorney Aaron D. Arnson 02/20/2020 08:54 AM Town Manager Grady E. Miller 02/21/2020 07:33 AM Form Started By: Kukkola Sonia Started On: 02/19/2020 01:58 PM Final Approval Date: 02/21/2020  TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing DATE: 2/11/20 FR: Sonia Kukkola, Financial Services Technician RE: Liquor License Application Acquisition of Control Attached is a Liquor License Application – Acquisition of Control for staff review. Review the application, then mark or sign, indicating staff’s recommendation for approval (with or without stipulations) or denial. If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this appl ication. Name of Organization: Maskadores Taco Shop FH LLC, 16754 E. Glendale Boulevard Fountain Hills AZ 85268 Applicant: Theresa June Morse Date(s) of Event: N/A Date Application Received: 1/27/20 Town Council Agenda Date: 3/3/2020 STAFF REVIEW AN D RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z John Wesley X Community Services Linda Ayres X Peter Johnson Building Safety X Fire Department Dave Ott X Law Enforcement Larry Kratzer X Licensing Sonia Kukkola X Street Department Jeff Pierce X Attach report for denial or any recommendation requiring stipulations. ITEM 7. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Kukkola Sonia, Financial Services Technician Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving a Liquor License Application for Fountain Hills Express Convenience Store & Deli, located at 11829 N. Saguaro Boulevard, Fountain Hills, Arizona, for an Acquisition of Control Series 10 (Wine & Beer Store) license.  Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license application submitted by Marlon Jaradi, agent of Fountain Hills Express Convenience Store & Deli, for submission to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full compliance with Town ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. § 4-201; 4-202; 4-203 and 4-205 and R19-1-102 and R19-1-311. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to approve an Acquisition of Control liquor license application for Fountain Hills Express Convenience Store & Deli. Attachments Liquor License Application  Departmental Recommendation  Form Review Inbox Reviewed By Date Finance Director David Pock 02/19/2020 04:53 PM Town Attorney Aaron D. Arnson 02/20/2020 08:57 AM Town Manager Grady E. Miller 02/21/2020 07:35 AM Form Started By: Kukkola Sonia Started On: 02/19/2020 03:15 PM Final Approval Date: 02/21/2020  TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing DATE: 2/11/20 FR: Sonia Kukkola, Financial Services Technician RE: Liquor License Application Acquisition of Control /Agent change Attached is a Liquor License Application – Acquisition of Control /Agent Change for staff review. Review the application, then mark or sign, indicating staff’s recommendation for approval (with or without stipulations) or denial. If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Express Convenience Store & Deli , 11829 N. Saguaro Boulevard Fountain Hills AZ 85268 Applicant: Marlon Jaradi Date(s) of Event: N/A Date Application Received: 1/27/20 Town Council Agenda Date: 3/3/2020 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z John Wesley X Community Services Linda Ayres X Building Safety Peter Johnson X Fire Department Dave Ott X Law Enforcement Lar ry Kratzer X Licensing Sonia Kukkola X Street Department Jeff Pierce X Attach report for denial or any recommendation requiring stipulations. ITEM 7. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving a Special Event Liquor License application for the Town of Fountain Hills for a wine garden in conjunction with the Music Fest on April 4, 2020. Staff Summary (Background) This is a special event liquor license application submitted by Linda Ayres representing the Town of Fountain Hills for submission to the Arizona Department of Liquor. The special event liquor license is being obtained for the purpose of holding a wine garden in conjunction with the Music Fest. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommends approval of this special event liquor license application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. § 4-203.02; 4-244; and 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the Special Event Liquor License application. Attachments G:\Special Events\Liquor Apps\2020  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 02/19/2020 03:23 PM Town Attorney Aaron D. Arnson 02/20/2020 08:56 AM Town Manager Grady E. Miller 02/21/2020 07:35 AM Form Started By: Linda Ayres Started On: 02/19/2020 03:15 PM Final Approval Date: 02/21/2020  ITEM 7. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Ratifying the Town Manager's approval of emergency playground equipment repairs. Staff Summary (Background) In early February, staff identified a dangerous situation involving severely damaged playground equipment in Fountain Park. The playground equipment had been damaged and posed a safety risk to users. Under normal circumstances, staff would have been able to proceed with purchasing the $8,000 replacement playground stairs from the original vendor. Staff has also identified another failing piece of equipment and plans to replace the component before it causes a safety issue. Unfortunately, the town had pushed up to the maximum dollar threshold for purchasing with PlayCore due to recent purchases of new playground equipment in our parks from this vendor.  In order to comply with the town's procurement policy, Town Council needs to approve the contract amendment with Playcore. Based on safety concerns and avoiding claims against the town for serious injuries, Town Manager Grady Miller authorized the emergency repairs with the understanding that the Town Council would need to ratify this action and amend the existing contract with PlayCore. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval SUGGESTED MOTION MOVE to approve the First Amendment to Cooperative Purchasing Agreement, Contract No. 2019-028.1 MOVE to approve the First Amendment to Cooperative Purchasing Agreement, Contract No. 2019-028.1 with PlayCore Wisconsin, Inc. with the increase of the aggregate not-to-exceed compensation from $100,000 to $116,000. Attachments 1st Amendment CPA PlayCore 2019.028.1  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 02/19/2020 03:23 PM Town Attorney Aaron D. Arnson 02/20/2020 08:59 AM Town Manager Grady E. Miller 02/21/2020 07:31 AM Form Started By: Jamie Salentine Started On: 02/10/2020 01:55 PM Final Approval Date: 02/21/2020  Contract No. 2019-028.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYCORE WISCONSIN, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into as of March 3, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and PlayCore Wisconsin, Inc., a Wisconsin Corporation, d/b/a GameTime(the “Contractor”). RECITALS A. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated October 16, 2018, based upon the Contractor’s contract with the City of Charlotte, a North Carolina municipal corporation (the “Agreement”), for the Contractor to provide the Town playground equipment, outdoor fitness equipment, surfacing, and related accessories (the “Materials and Services”). C. The Town has determined that additional Services and Materials (the “Additional Services and Materials”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Services and Materials and to extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 as follows: 1. Term. The term of this Agreement is extended until June 30, 2021. 2. Scope of Work. The Contractor shall provide the Additional Materials and Services as set forth in Exhibit A hereto. 3. Compensation. The Town shall increase the compensation to Contractor by not more than $16,000.00 for the Additional Services and Materials at the rates set forth in the underlying contract and incorporated herein by reference, resulting in an increase of the aggregate not-to-exceed compensation from $100,000.00 to $116,000.00. 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 First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 6. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 7. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYCORE WISCONSIN, INC. [Contractor’s Proposal] TOWN OF FOUNTAIN HILLS Attn: KEVIN SNIPES 16705 E AVE OF THE FOUNTAIN FOUNTAIN HILLS, AZ 85268 Phone: 602-722-7993 ksnipes@fh.az.gov Ship to Zip 85268 Quantity Part # Description Unit Price Amount 1 160674 GameTime - Punched 3 Step 43 1/8"$936.00 $936.00 2 165767 GameTime - 4'Handrail 111 1/2"Lg $634.00 $1,268.00 2 165803 GameTime - Attachment Rail 38 5/16"$183.00 $366.00 1 160662 GameTime - Upright Assy 43 5/16"Lg $239.00 $239.00 1 160645 GameTime - Punched Platform 25 1/2"$776.00 $776.00 1 165837 GameTime - Handhold Assy 72 1/4"Lg $225.00 $225.00 1 160693 GameTime - Punched Step Platform $561.00 $561.00 1 160704 GameTime - Upright Assy 35 5/16"Lg $196.00 $196.00 1 167524 GameTime - Hdw-4'Transfer Platform $75.00 $75.00 1 INSTALL GameTime - EQUIPMENT INSTALLATION (INCLUDES DEMO/DISPOSE EXISTING DRAGON) $2,895.00 $2,895.00 Contract: OMNIA Sub Total $7,537.00 Discount ($1,114.08) Freight $756.84 Tax $590.91 Total $7,770.67 THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN, INC dba GAMETIME Pricing: f.o.b. factory. Pricing Firm for 30 Days from the day of this quotation. Payment terms: net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Payment terms: payment in full, check submitted with order. Shipment: Standard playground, Furnishings order shall ship within 3-4 weeks, Shades and Shelters 6-12 weeks, Surfacing 1-2 weeks after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Freight charges: Allowed & prepaid Installation: shall be by a Certified GameT ime Installer . Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. PURCHASER SHALL ABSORB ALL COSTS INCURRED FROM UNKOWN SOIL CONDITIONS SUCH AS ROCK REMOV AL, POOR DIGGING CONDITIONS (BEDROCK), OR POOR SOIL BEARING CAP ACITY, INCLUDING BUT NOT LIMITED TO JACKHAMMER, BACKHOE OR BULLDOZER, SONOTUBES (PLUS DELIVER Y, OPERATOR AND INSTALLATION IF REQUIRED) 8700 E Vista Bonita Dr. Ste 188 Scottsdale, AZ 85255 www.triplemrec.com 800-235-2440 01/27/2020 Quote #100255-01-01 TOWN OF FOUNTAIN HILLS Page 1 of 2 Exclusions: unless specifically included, this quotation excludes all bonds, prevailing wages, site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. BILL TO CUSTOMER: SHIP TO CUSTOMER: ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ PHONE NUMBER: _______________________ PHONE NUMBER: ________________________ FAX NUMBER: __________________________ FAX NUMBER: ___________________________ EMAIL FOR ORDER ACKNOWLEDGEMENT: ________________________________________________ COLORS: _____________________________ (PALETTE) UPRIGHTS: ______________ DECKS: ______________ ACCENTS: ______________ ARCHES: ______________ PLASTIC: ______________ METAL ROOFS: ______________ ROCK PLASTIC: ______________ GRIPS: ______________ ROOFS: ______________ TUBES: ______________ HDPE: ______________ 2 HDPE: ______________ SWINGS: _____________________________ ________________________________________ Sales Associate's Signature ________________________________________ ________________ Customer's Signature Date 8700 E Vista Bonita Dr. Ste 188 Scottsdale, AZ 85255 www.triplemrec.com 800-235-2440 01/27/2020 Quote #100255-01-01 TOWN OF FOUNTAIN HILLS Page 2 of 2 UprightsBurgundyMetalButterscotchPlasticSpring GreenDecksBlueHDPEGray2 Color HDPEGray/BlackJovialUprightsOrangeMetalSpring GreenPlasticYellowDecksBrownHDPESky Blue2 Color HDPESky Blue/WhitePapayaUprightsBurgundyMetalWhite PlasticChampagneDecksBlueHDPEBlue2 Color HDPEBlue/BeigePatrioticUprightsStarlight BlackMetalYellow PlasticSky BlueDecksBlueHDPERed2 Color HDPERed/WhiteDeep SpaceUprightsSky BlueMetalSpring Green PlasticOrangeDecksBrownHDPEBlue2 Color HDPESpring Green/WhiteShineUprightsSpring GreenMetalChampagne PlasticPeriwinkleDecksGrayHDPEBlue2 Color HDPESpring Green/WhiteWisteriaUprightsChampagneMetalBurgundy PlasticDark BlueDecksBlueHDPESky Blue2 Color HDPESky Blue/WhiteSubmarineUprightsSpring GreenMetalButterscotch PlasticSky BlueDecksRedHDPEBlue2 Color HDPESky Blue/WhiteCarnivalUprightsBurgundyMetalButterscotch PlasticBlueDecksBlueHDPEBlue2 Color HDPERed/WhiteJellybeanUprightsMetallicMetalWhite PlasticSpring GreenDecksBlueHDPEYellow2 Color HDPERed/WhiteEmeraldNEW !NEW !NEW !NEW !NEW !NEW !NEW !NEW !NEW !NEW ! METALPOLYETHYLENE (HDPE)SUNBLOX™ CANOPY & SHADESunflower Yellow Royal BlueLaguna BlueNavy BlueElectric PurpleOliveRain ForestZesty LimeArizonaTurquoiseChocolateTerra CottaRedWhiteSilverBlackDECKSWALLCANO® HANDHOLDSRedBlueGreenBeigeNETSNet ClimbersXscape NetsFreestanding Pyramid NetsKidNetix Ropes Course NetsNet ClimbersFreestandingTIMBER DÉCORSPECIAL ROCKUprightsChampagneMetalSky BluePlasticGreenDecksBlueHDPEBlue2 Color HDPESky Blue/WhiteRiverbankUprightsBronzeMetalButterscotch PlasticLight GreenDecksBrownHDPEGray2 Color HDPEGray/BlackRainforestUprightsBronzeMetalBeige PlasticSpring GreenDecksBrownHDPESpring Green2 Color HDPESpring Green/WhiteMalibuUprightsSpring GreenMetalBronze PlasticChampagneDecksBrownHDPEGreen2 Color HDPEGreen/BeigeBayouUprightsMetallicMetalSpring Green PlasticSky BlueDecksBlueHDPESky Blue2 Color HDPESky Blue/WhiteAtlanticNEW !NEW !NEW !NEW !NEW !PLASTIC ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  adopting Resolution 2020-08 approving Intergovernmental Agreement with the City of Phoenix relating to the cooperative use of the Phoenix hosted and developed municipal tax dashboards on the Phoenix Business Intelligence System. Staff Summary (Background) The Arizona Department of Revenue has been tasked with issuing Transaction Privilege Tax (TPT) licenses, collecting TPT revenue, and distributing those revenues to Arizona cities and towns. As part of these responsibilities, the Department provides multiple reports to cities and towns related to licensing activity, returns submitted by businesses, tax payments, and audit collections. However, all of these reports are disaggregated and extremely large. This makes it difficult to use the data in a productive and meaningful way. The City of Phoenix has developed an Oracle Business Intelligence system to consolidate this data, store it in a single database, and make it easier for users to analyze data and drill-down to detailed information. This Intergovernmental Agreement would allow authorized Town personnel in the Finance Division access to the system in order to review and analyze TPT information for the Town. This analysis would assist in identifying businesses that are not licensed by the Department, improperly reporting taxable activity within the Town, and/or using inappropriate deductions in order to reduce their tax liability. The system was developed by the City of Phoenix after the responsibility of collecting and reporting TPT activity was moved to the Department of Revenue. Once developed, the City of Phoenix decided to make the system available to every city and town in Arizona. In return, the City of Phoenix has asked for an initial one-time setup fee of $2,000 and an annual operational fee of $375. It is the staff's opinion that these costs will be recovered through increased collections and audit recoveries. Related Ordinance, Policy or Guiding Principle N/A  Risk Analysis Without access to the City of Phoenix's TPT analysis system, the Town risks the loss of TPT revenue. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2020-08. SUGGESTED MOTION MOVE to adopt Resolution 2020-08. Attachments Resolution  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 02/19/2020 10:00 AM Town Attorney Aaron D. Arnson 02/19/2020 10:18 AM Town Manager Grady E. Miller 02/21/2020 06:59 AM Form Started By: David Pock Started On: 02/07/2020 09:43 AM Final Approval Date: 02/21/2020  RESOLUTION NO. 2020-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AN INTER- GOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX RELATING TO THE COOPERATIVE USE OF THE PHOENIX HOSTED AND DEVELOPED MUNICIPAL TAX DASHBOARDS ON THE PHOENIX BUSINESS INTELLIGENCE SYSTEM ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The Intergovernmental Agreement with the City of Phoenix related to the cooperative use of the Phoenix hosted and developed municipal tax dashboards on the Phoenix Business Intelligence System (the “Agreement”) is hereby approved substantially in the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 3rd day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2020-08 PAGE 2 Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE CITY OF PHOENIX THIS AGREEMENT is entered into this _____ day of __________, 2020, pursuant to Arizona Revised Statutes (“ARS”) §11-952, between the TOWN OF FOUNTAIN HILLS acting by and through its Town Council and the CITY OF PHOENIX (“PHOENIX”), acting by and through its City Council. ARS §42-6001 establishes that the Arizona Department of Revenue (“DOR”) will collect and administer municipal privilege, transaction and use taxes (“Taxes”) for all Arizona cities and towns. As part of their administration of the Taxes, DOR shall provide each city or town access to data covering the amount of Taxes reported and the amount of Taxes distributed to that specific city and town. The purpose of this Agreement is to provide PHOENIX the mechanism to allow other cities and towns to cooperatively use the PHOENIX hosted and developed municipal tax dashboards on the PHOENIX Business Intelligence system (“System”). RECITALS 1.TOWN OF FOUNTAIN HILLS is authorized by ARS § 11-952 and the FOUNTAIN HILLS Tax Code Section Sec. 8A-510 to enter into this Agreement. 2. PHOENIX is authorized by City Charter, Chapter 2, Section 2, and PHOENIX Tax Code Sec. 14-510 to enter into this Agreement. RESOLUTION 2020-08 PAGE 3 3. This Agreement establishes the structure whereby other cities and towns access the System, reimburse PHOENIX for its cost of investment in the System, and share the costs of future continued cooperative use of the System. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: I. SCOPE OF AGREEMENT 1. The System is already in place with dashboards providing municipal tax data furnished by DOR. 2. FOUNTAIN HILLS agrees that PHOENIX will maintain and administer the System. 3. PHOENIX will provide System availability during the hours of 7 a.m. – 5 p.m. (MST), Monday-Friday, excluding holidays. 4. External users will have a City of Phoenix Active Directory account created for access to the dashboards. This requires that external users have the appropriate background checks from their organizations that meet or exceed screening requirements established by ARS §41-4401. 5. Support services will be provided via telephone helpline during the hours of 7 a.m. – 5 p.m. (MST), Monday-Friday, excluding holidays. Users will report system errors to Support Services. 6. Outages due to scheduled or emergency network, software and/or hardware maintenance will be broadcast to authorized users when possible in advance via RESOLUTION 2020-08 PAGE 4 email. All reasonable attempts will be made to get the System diagnosed and operational within twenty-four (24) hours. 7. PHOENIX will allow FOUNTAIN HILLS to only use System to access FOUNTAIN HILLS Taxes data supplied by DOR. 8. FOUNTAIN HILLS will be billed by and shall reimburse PHOENIX, in advance of its access to FOUNTAIN HILLS data, the sum of $2,000.00 as its share of the cost for the System. 9. FOUNTAIN HILLS will be billed $375.00 annually as its share for the operational cost of cooperative used of the System, which shall be due thirty (30) days from the invoice date. 10. All activities relating to the provisions set forth in this Agreement are to be coordinated between the municipal tax officers or their designees. 11. Any failure of the System resulting from negligence by FOUNTAIN HILLS is a breach this Agreement. 12. Municipal tax data hosted by PHOENIX and presented in the System is confidential information and may not be distributed or copied except as permitted by ARS §42-2003. The data sources are furnished by the DOR and are considered confidential information as defined in ARS §42-2001. PHOENIX does not control and cannot guarantee the relevance, timeliness, or accuracy of this data and provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data. Sample data types include, but may not be limited to: RESOLUTION 2020-08 PAGE 5 Reports Description New License Report Demographic information about taxpayers that have completed a Joint Tax Application with DOR, that have a location or expect to have taxable activity within that city/town. License Update Report Demographic information for Taxpayers that have had a change made to their account and have a location or have that city’s/town's region code on their profile. City Payment Journal Detail Report Detailed information about money that is distributed to the city/town, including the taxpayer, business code and period covered for each distribution. No Money Report Detailed information about a taxpayer that has filed a net zero return for that city/town or has not paid any money for the return for the period covered by GL Accounting month. Deduction Report Detailed information about deductions that taxpayers have taken for activity within the city/town. The report will reflect the deductions taken for each location and each business code for the city. Fund Distribution Report Detailed information about money that is distributed to the city/town at the Fund Level, including the taxpayer, location code, business code and tax period covered for each distribution. 13. The System supports five TPT Simplification dashboards listed below: Dashboard Description Centralized Payment Analysis This dashboard provides visualization and detailed information about money that is distributed to a city/town (City Payment Journal Detail from DOR) by DOR, including the taxpayer, business code and tax period covered for each distribution. Centralized License Analysis This dashboard provides visualization and detailed demographic information (License Update Report and New License Report from DOR) for taxpayers that have a taxable location in Arizona. Centralized Fund Analysis This dashboard provides visualization and detailed information about money that is distributed to a city/town at the Fund Level (Fund Distribution Report from DOR), including the taxpayer, location code, business code and period covered for each distribution. RESOLUTION 2020-08 PAGE 6 Centralized Deduction Analysis This dashboard provides visualization and detailed information about deductions (Deduction Report from DOR) that taxpayers have taken on their returns. The report reflects deductions taken for each location and each business code by jurisdiction. Centralized No Payment Analysis This dashboard provides visualization and detailed information about a) taxpayers that have filed a no activity/zero return b) taxpayers that have not filed a return for a location for a city and c) taxpayers that have filed a return but failed to remit payment. The source is the No Money Report from DOR. 14. The System supports the three user security models listed below. Each subscribing city/town will select one of the three security profiles below for each user that they designate for System access. FOUNTAIN HILLS acknowledges that each individual user should be assigned the lowest level of security needed depending on their job duties. FOUNTAIN HILLS also acknowledges that information obtained from DOR, and displayed by Phoenix, is confidential information and may only be disclosed as authorized by ARS§ 42-2003. Should PHOENIX become aware of unauthorized use or disclosure of confidential information, all users shall be revoked and this Agreement shall terminate upon notice to FOUNTAIN HILLS RESOLUTION 2020-08 PAGE 7 Security Model Security Model Description Restricted This role for management staff allows access to the summary level data view for financial dashboards (Centralized Payment Analysis and Centralized Fund Analysis) for the user’s jurisdiction. Mid-Level This role for accounting staff allows access to the summary and detail level data views for financial dashboards (Centralized Payment Analysis and Centralized Fund Analysis) for the user’s jurisdiction. Full Access This role for audit/enforcement/supervisory user staff allows access to the summary and detail level data views for financial dashboards (Centralized Fund Analysis) for the user’s jurisdiction and access to the Centralized Payment Analysis, Centralized License Analysis, Centralized Deduction Analysis, and No Payment Analysis dashboards for any jurisdiction, subject to pre-existing limitations outside of this Agreement. II. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective on the date of execution and shall continue in full force and effect until it is terminated either by mutual agreement of the parties or by either party giving the other at least thirty (30) calendar days advance written notice of termination of the Agreement, which notice shall specify the date of termination. 2. FOUNTAIN HILLS or PHOENIX may cancel this Agreement at any time without penalty or further obligation. No pro-rata refund will be returned. 3. This Agreement is subject to the cancellation provisions of ARS §38-511. 4. Cancellation pursuant to either Paragraphs 2 or 3 above shall be effective when written notice from the chief executive officer of one city/town is received by the other party to this Agreement, unless the notice specifies a later time. RESOLUTION 2020-08 PAGE 8 5. To the extent permitted by law, each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) whether direct or indirect (hereinafter collectively referred to as "Claims") arising out of System use, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 6. FOUNTAIN HILLS and PHOENIX both have an intergovernmental agreement with the State of Arizona whereby each obtains taxpayer information from the State subject to the conditions set forth in the intergovernmental agreement, including those pertaining to confidentiality as defined in ARS §42-2001, and that confidential information may not be disclosed except as provided by statute, ARS §42-2001(B). To the extent that information being utilized by FOUNTAIN HILLS and hosted by PHOENIX may have been obtained initially from the State, each agrees to abide by the terms and conditions set forth in their respective intergovernmental agreements with the State of Arizona. 7. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: TOWN OF FOUNTAIN HILLS Attn: Finance Director 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 RESOLUTION 2020-08 PAGE 9 CITY OF PHOENIX Finance Department, Tax Division Attn: Tax Administrator 251 W. Washington Street, 9th Floor Phoenix, AZ 85003 8. This Agreement contains the entire understanding between the parties, and no statements, promises or inducements made by either party, their agents or employees that are not contained herein shall be valid or binding. This Agreement may not be altered except in writing and signed by each party hereto. 9. The failure to exercise any right, power or privilege under this Agreement shall not constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of that or any right, power or privilege. 10. In the event that any provision, or any portion of any provision, of this Agreement is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision which can be given effect without the invalid provision and to this end the provisions of this Agreement shall be deemed to be severable. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF PHOENIX TOWN OF FOUNTAIN HILLS a municipal corporation a municipal corporation ED ZUERCHER, City Manager GRADY E. MILLER, Town Manager By_________________________ By___________________________ ED ZUERCHER GRADY E. MILLER RESOLUTION 2020-08 PAGE 10 ATTEST: ATTEST: ___________________________ _____________________________ City Clerk ELIZABETH A. BURKE, Town Clerk APPROVED AS TO FORM AND APPROVED AS TO FORM AND WITHIN THE POWER AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF THE LAWS OF THE STATE OF ARIZONA TO THE CITY OF PHOENIX ARIZONA TO THE TOWN OF FOUNTAIN HILLS ____________________________ _______________________________ City Attorney Aaron D. Arnson, Town Attorney ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  adopting Resolution #2020-07, Town of Fountain Hills Public Art Master Plan. Staff Summary (background) The Fountain Hills Public Art Program was established in October 1994 following the completion of a community cultural assessment sponsored by the Arizona Commission on the Arts.  As part of the community cultural assessment process, nearly fifty citizens participated in either an open forum or through surveys. The outcome from the community cultural assessment were the following recommendations:     The need for a cultural center facility with performance, gallery and meeting space.1.  A need for an arts council to provide leadership for cultural growth.2.  A need to involve the arts in community design and planning.3. On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Fountain Hills Cultural and Civic Association (FHCCA), as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills. The Public Art Committee continues as a committee of FHCCA, and since 2000, the Public Art Committee has been very active in acquiring public art for the town's municipal art collection. In 2007, Town Council set forth the process for implementing the Public Art Requirement, also known as the “Percent for Public Art” Program. The Town’s Commercial/Multi-Family Architectural Design Review Guidelines establish the minimum standards for including a public art element in all commercial, industrial and multi-family residential projects, providing for either:  The installation of exterior public art valued at equal to or greater than one percent of the cost of building construction and associated site work and signage; or 1. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than one percent of the cost of building construction and associated site work and signage. 2. Since the creation of the Public Art Committee, the Town has acquired and displayed more one hundred art objects throughout the community.  Additionally, numerous art objects have been added to private properties, which serves to enhance the collection as a whole. All art objects have been purchased through direct private purchase, fundraising, donations by private individuals or artists, and by Percent for the Arts funding. Once art work has been approved for acquisition and dedicated to the Town of Fountain Hills, the Town takes assumes full responsibility for ongoing insurance and maintenance costs.  Currently, the preventative maintenance cleanings and insurance cost approximately $39,000 annually. Based on Council direction and the limited public display space that remains, the Public Art Committee and staff have revised the art guidelines and policies for the sole purpose of guiding the public art collection into the future.  A draft version of the revised guidelines have been developed by the Public Art Committee, Town staff and an outside public art consultant. The proposed draft is attached for Council review. Noted highlights for consideration include key elements:  Reduced focus on acquisition and limited collection growth.1. The addition of a de-accession policy, a formal process of removing art objects permanently from the Public Art Collection. 2. Stricter guidelines regarding art donations from private collections.3. Increased funding requirements for longevity of the piece and the introduction of a Maintenance Fund. (5% suggested, more if piece is approved for Fountain Park). 4. Addition of terms for de-commissioning art from the collection (selling, returning to donor or artist). 5. The ability for the PAC, with Council approval, to recommend relocation of an existing piece.6. The addition of staff to the Public Art Committee (Community Services Director).7. Increased Town input during Public Art Committee art review, including Parks and Public Works.8. Addition of terms for art dedications associated with memorials.9. Increased communication with Development Services, specifically the Public Art Fund requirements. 10. The addition of an application to help streamline and explain the process.11. At the November 5, 2019, Town Council Meeting, a revised Public Art Master Plan was presented for Council review. Based on direction received from the Town Council, the tiered fee schedule below is being recommended to replace the previous one percent fee:  Projects with a construction value up to $1M are subject to a 1% Public Art contribution Projects with a construction value from $1M-$10M are subject to a 3/4% Public Art contribution Projects with a construction value of $10M+ are subject to a 1/2% Public Art contribution Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Public Art Committee recommended approval. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to adopt Resolution 2020-07 and direct staff to bring a revised Public Art Sliding Fee Structure for Council consideration and approval. Attachments Resolution #2020-07 - Public Art Master Plan  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 02/20/2020 01:23 PM Community Services Director Rachael Goodwin 02/20/2020 02:07 PM Town Attorney Aaron D. Arnson 02/20/2020 02:24 PM Town Manager Grady E. Miller 02/21/2020 08:16 AM Community Services Director Rachael Goodwin 02/24/2020 02:20 PM Town Attorney Aaron D. Arnson 02/24/2020 02:23 PM Town Manager Grady E. Miller 02/24/2020 04:59 PM Form Started By: Jamie Salentine Started On: 02/10/2020 01:02 PM Final Approval Date: 02/24/2020  RESOLUTION NO. 2020-07 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town”) acknowledge the important cultural and beautification role of public art within the Town; and WHEREAS, the Town has taken several steps to manage the promotion and acquisition of public art within the Town and to create design guidelines establishing minimum standards for public art in commercial, industrial, and multi-family residential projects; and WHEREAS, the Town desires to adopt a “Town of Fountain Hills Public Art Master Plan” to provide a cohesive document regarding public art within the Town. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town, through its Mayor and Council, hereby approves the Town of Fountain Hills Public Art Master Plan in substantially the form attached hereto as Exhibit A. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the First Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 3rd day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT A TO RESOLUTION NO. 2020-07 [TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN] See following pages. Town of Fountain Hills Public Art Master Plan 2 I. INTRODUCTION & BACKGROUND History of Public Art Public art has long played an important role in expressing the identity of a culture. In many cases, public art is the legacy by which we remember an ancient culture. Public art has been a part of the American landscape since Colonial times, but it wasn’t until the middle of the 20th century that comprehensive public art programs emerged. After the establishment of the National Endowment for the Arts in 1965, the field of public art underwent significant change. As more and more cities adopted “percent for art” ordinances, public art has evolved from a process that placed large-scale versions of studio sculpture in unrelated spaces into the broader understanding that art may take various forms, including being routinely integrated into the surroundings it is placed in, often becoming part of building or structure itself. In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public realm became more involved in the design of public spaces by working closely with architects, landscape architects and engineers. The result was the use of art to shape a new public space, not just to enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further; it has become an integral part of civic infrastructure including, bridges, waste treatment plants, freeways, parks, sports complexes and other projects. Funding for contemporary public art has come in large part from three sources: (i) “percent for art” ordinances, (ii) funding through local, state and federal grant programs and (iii) corporate sponsorships and private donations from individuals and foundations. History of Art in Fountain Hills In October 1994, the Town of Fountain Hills (the “Town”) and the Fountain Hills Civic Association (the “Civic Association”) commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts (the “1994 Cultural Assessment”). Nearly 50 citizens participated in either the open forum or in the surveys collected. The community’s strengths and challenges were discussed, and four key issues were identified: The need for a cultural center facility with performance, gallery and meeting space. A need for an arts council to provide leadership for cultural growth. A need to involve the arts in community design and planning. A need for youth services including after school and summer programs. Through the 1994 Cultural Assessment, a clear need for a Public Art Committee was recognized. The Fountain Hills Arts Council (the “Arts Council”) bylaws were formally adopted in March 1995. 3 On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Civic Association, as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly thereafter, the Arts Council established the Fountain Hills Public Art Committee (the “PAC”) to administer its public art program. On November 20, 2003, the Town Council adopted Resolution No. 2003-70 confirming this appointment and adopting an official Master Plan for the acquisition of public art. Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural and Civic Association, a 501(c)(3) non-profit corporation (“FHCCA”). The PAC continues as a committee of FHCCA, and since 2000, the PAC has adopted an aggressive policy of public art acquisition. On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town’s Commercial/Multi-Family Architectural Design Review Guidelines (the “Design Guidelines”). Section 19.05(I) of the Design Guidelines established the minimum standards for including a public art element in all commercial, industrial and multi-family residential projects (the “Public Art Requirement”) providing for either (i) the installation of exterior public art valued at equal to or greater than 1% of the cost of building construction and associated site work and signage of a new or redeveloped commercial, industrial, or large multi-family residential construction project or (ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. The funds raised through this process will be referred to hereafter as the “Percent for Public Art” funds. Public Art Fund Development Guidelines were adopted by the Town Council in January, 2007 to set forth the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is the fund held by the Town for the purchase or installation of public art (the “Fountain Hills Public Art Fund”). 4 II. PUBLIC ART PROGRAM GENERAL STANDARDS Mission: The mission of the Public Art Collection is to promote a rich, diverse and stimulating cultural environment that enriches the lives of the town’s residents and visitors, and further establishes the town’s identity. The Fountain Hills Cultural and Civic Association (FHCCA) is committed to acquiring works of art for the Art Collection of the highest aesthetic standards reflective of diverse social, aesthetic and cultural perspectives. The Town Council intends that all public art in the corporate limits of the Town shall be selected and approved according to the Public Art Acquisition process. This document establishes policies and procedures for the acquisition, placement, care and management of works of art for the public art collection of the Town of Fountain Hills, whether acquired through a Gift or Bequest. It shall be the policy of the PAC to accept unique, one of a kind works of art with the noted exception of prints, photographs or a desirable high-quality limited edition work of art by a renowned artist. GOALS OF THE COLLECTION: 1. Artwork acquired and maintained within the collection should reflect the highest aesthetic standards. Objects accepted into the collection must be of known authorship and be accepted based on their value as works of art. 2. The Town’s collection should be diverse in its representation of artists and artistic styles. 3. Artwork acquired and accepted into the collection should be appropriate in scale, media and context with its intended location, and be relevant within the cultural, historical, social/political and environmental context of the area surrounding the Town of Fountain Hills. DEFINITIONS: Fountain Hills Cultural and Civic Association (“FHCCA”): The FHCCA is the 501(c)(3) Charitable organization representing the PAC. Public Art Committee: The Public Art Committee (“PAC”) is a member organization of the Fountain Hills Cultural and Civic Association (“FHCCA”). The PAC is made up members of the FHCCA, Town staff member(s) and when deemed necessary, arts professionals. The committee generally meets monthly and is responsible for reviewing potential art donations and making recommendations to the Town. Acquisition: The formal process used to accept an artwork into the Civic Art Collection and the recording of an item as a Collection Object. Aesthetics: Artistic merit of the work of art, including consideration of its artistic, social, cultural and/or historical significance. Appraisal: A professional, certified evaluation of an artwork, i.e. its authenticity, condition and provenance, to determine its monetary value. 5 Artist: Individual artist or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts, through a record of exhibitions, public commissions, sale of works and educational attainment. Artwork or Work of Art: For the purpose of these guidelines, Artwork, or Work of Art, is defined as a work in any media that is the result of the unique creative expression of an artist. Conservation: See “Preservation.” For the purposes of this document, the terms “conservation” and “preservation” are used interchangeably. Decommission: The formal process of removing acquired objects permanently from the Art Collection. Donation: An artwork or a series of artworks gifted to the Town for long-term public display with intent to transfer title of ownership to the Town. Maintenance: Maintenance shall mean a minimally invasive, routine and regularly scheduled activity that may involve the removal of superficial dirt or debris build-up on the surface of the artwork or the cleaning and repair of non-art support material such as a pedestal or plaque. For the purposes of this document, this definition shall apply generally whenever “maintenance” of artwork is referenced. Maintenance Endowment Calculation: A Maintenance Endowment Calculation adequate to ensure the continued care of gifts of art shall be maintained by the Town of Fountain Hills. An endowment is required for all outdoor artworks and may be required for indoor artworks in order to maintain the gift in a condition satisfactory to the donor, the PAC and the Town. Scale, material, location, value of the work and potential for vandalism will be considered in determining the maintenance endowment. Monuments: Structures, sculpture or other objects erected to commemorate a person or an event. Percent for Public Art: Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. Plaque: For the purpose of this document “plaque” refers to identification signage affixed on or near an artwork that identifies the title, artist, media, date, attribution and other pertinent information. Organizations strive for uniformity in plaque design and text content. Preservation: Preservation shall mean the protection of cultural property through activities that minimize chemical and physical deterioration and damage, and that prevent loss of informational content. The primary goal of preservation is to prolong the existence of cultural property, and should be undertaken or overseen by a professional conservator. For the purposes of this document, the terms preservation and conservation are used interchangeably, and the definition above shall apply generally whenever “conservation” or “preservation” is used. Proposal: The Artist’s design proposal for a project that typically includes drawings and/or models illustrating the project and how it will fit into the site, project description and budget, typically 6 requested from a limited number of finalists as a means of providing the basis for final artist selection. Provenance: The history of an artwork and its creation and ownership, which is used to help establish its authenticity. Documents used for provenance include sales receipts, auction and exhibition catalogs, gallery labels, letters from the artist, and statements from people who knew the artist or the circumstances of the creation of the artwork. Public Art Collection: The Public Art Collection is comprised of artworks that have been acquired by the PAC on behalf of the Town. Public Art Fund: The Public Art Fund is made up of the funds set aside by the Town of Fountain Hills to acquire and maintain the Public Art Collection. This fund is comprised of monies collected through the Percent for Public Art, through donation from private or corporate donors, the Maintenance Endowment Calculation and monies gained through grants. The Public Art Fund amount shall be noted within the annual budget of the Town of Fountain Hills. 7 III. PUBLIC ART ACQUISITION PROCESS Public art is acquired through four primary methods: 1. As the result of a gift or loan whereby the Town becomes a beneficiary 2. As a result of the Percent for Public Art Contribution 3. By the active procurement of a specific work of art or the selection of an artist for a specific project 4. Temporary or Traveling Art Exhibitions 8 IV. ARTWORK DONATION PROCEDURES When an artwork is offered to the Town for donation, such donations are reviewed by entities that may include but are not limited to the PAC, FHCCA and Town staff. No work of art shall be acquired into the Collection, unless such work of art shall first have been submitted to and approved by the above mentioned entities. Artwork must meet the Artwork Review Criteria. Neither the PAC, the FHCCA nor the Town will establish the artwork value, nor furnish documentation regarding the artwork value to the Donor. Step 1: The prospective donor submits a completed Artwork Donation Application with required attachments to the PAC. Developers, required to meet the Percent for Public Art 1% obligation, will submit an application with the Planning and Zoning Department. The proposal shall include information about the artist, written description of the artwork (size, materials, date created, etc.), condition report, appraisal and photograph or drawing of the artwork, and proposed site, if any. Artwork to be donated will only be accepted with restrictions in very limited circumstances. For all artwork located on public property, the Town of Fountain Hills receives full title to the artwork and has the ability to sell or transfer the title to individuals or entities. Step 2: The PAC reviews the application and gift documents and decides if the gift meets the Art Acquisition Criteria. If necessary, the prospective donor may be invited to give a presentation about the donation to Town staff, the PAC and others to clarify the artwork provenance and appraisal, and the intent of the gift. The PAC may seek the advice of a professional art conservator or other qualified arts professional to review the proposal and provide recommendations regarding authenticity and the long-term care of the artwork. Step 3: The PAC will make the recommendation to accept, accept with modifications or decline the gift. If the gift is accepted with modifications, the donor has the option to resubmit at a later date. If the gift is accepted by the PAC, it is then referred to the FHCCA Board and Town Council for review and acceptance. The donor may again be called upon to discuss the donation with the Town Council. The PAC may not recommend gifts that require extraordinary maintenance expense or are deemed unsafe. Step 4: Once the artwork donation has been accepted, the Town and the Donor enter into an agreement regarding the terms of acceptance based upon the requirements of the Art Acquisition Criteria. In general, donations shall be accepted without restrictions or conditions. All accepted donations will be subject to the Town’s Art Acquisitions Criteria and Decommissioning Policy. All artworks acquired by the Town shall be covered under the Town’s public art insurance policy for the stated value. 9 V. ART ACQUISITION CRITERIA Public art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork aesthetic concepts into Town building and visible public improvement projects. Regardless of the method of acquisition, certain fundamental criteria will be universally applied to any work of art under consideration. Aesthetics 1. Artistic merit of the work of art, including its artistic, social, and/or historical significance, as evidenced by the Artwork Donation Application (which includes a written description and drawings and/or maquette if the artwork is proposed and not fabricated) 2. Professional artist's qualifications, as evidenced by the Artwork Donation Application (which includes images of past work, resume, references, and published reviews) 3. Compatibility of the work of art within the context of the proposed site 4. Warranty of originality (in the case of a pre-existing artwork; only original works or limited editions and high aesthetic value shall be considered) 5. Provenance Site 6. Appropriateness to the proposed site with respect to its immediate and general physical environment (district, neighborhood) and audience 7. Proposed works of art must be compatible in scale, material, form, and content with their surroundings. Attention shall be given to the social context of the work and the manner in which it may interact or contribute to the use of the site. 8. Ecological and/or environmental impact 9. Accessibility to the public, including persons with disabilities 10. Text components (e.g., signage or plaque) Site Criteria: Prior to selecting a site for an artwork, whether purchased or commissioned, the PAC and Town staff shall take into consideration the following factors: 11. Visibility and prominence of the artwork site 12. Public accessibility of the artwork and ADA Compliance 10 13. Public Safety 14. Interior and exterior traffic patterns 15. Relationship of proposed artwork to existing or future architectural features, natural features, other artworks, and urban design 16. Function of the facility 17. Facility users and surrounding community and interaction of users and community members with proposed artwork 18. Future development plans for area 19. Overall program goal or concept 20. Landscape design 21. Relationship of proposed artwork to existing art works within the site vicinity 22. Environmental impact 23. Social context of artwork (intended use of the work, if any) 24. The PAC and Town of Fountain Hills shall approve the artwork location before acquisition Installation 25. Site requirements for installation (Electricity, lighting, water, or other requirements) 26. Method of installation 27. Documents: Utility connections, site modifications, structural reinforcements or other engineering requirements or site modifications should be described in the gift proposal and reflected in the construction plans and specifications. The donor/sponsor is responsible for providing and submitting engineering and architectural plans, as required according to the Building Code or as requested by the Commission. Such plans must be prepared, signed and stamped by the appropriate design professional licensed in the state of Arizona. 28. Storage requirements, if needed 29. Safety standards (Town Risk Management review) Maintenance 30. Structural integrity (demonstrated through documentation) 31. Review of Fabrication and Installation Method: Works of art that are accepted from maquettes or drawings will be subject to PAC review throughout fabrication and installation. 11 Specific plans for site design, installation, maintenance and protection will be submitted for approvals. The completed artwork may not deviate in any way from the proposal approved by the PAC. 32. Durability of materials and method of fabrication 33. Susceptibility of the artwork to accidental damage, theft, and/or vandalism and security needs 34. Ability or capacity to provide necessary routine maintenance Maintenance Endowment Calculation Contribution 35. All costs associated with fabrication and installation, including site preparation, long-term preservation, illumination, plaque, and unveiling/dedication event, if any 36. For all works of art located on Town property or donated to the Town, the Donor will contribute 5% of the total value of the artwork or $5000 (whichever is less) to the Town’s Public Art Fund. Obtaining an appraisal prior to execution of the agreement is the responsibility of the Donor, unless otherwise agreed upon by Town and Donor. 37. Statement of value of artwork by a certified appraiser for insurance purposes 38. No artwork will be placed or acquired before all financial obligations are met by the Donor Liability 39. Susceptibility of the artwork both to normal wear and to vandalism 40. Potential risk to the public 41. Public access, in general, as well as compliance with ADA requirements 42. Special insurance requirements (some extremely valuable artworks need additional insurance) Timeliness 43. Allowance of sufficient time for normal review process 44. Timely and appropriate response to the PAC and Town staff requests for additional materials or information Memorial Gifts: Memorial gifts will be judged to the following additional criteria: 45. The person so honored shall have been deceased for a minimum of two years. Events shall have taken place at least two years prior to consideration of a proposed memorial gift. 46. Represents broad community values 12 47. The memorial has timeless qualities that will be meaningful to future generations 48. The location under consideration is an appropriate setting for the memorial; in general, there should be some specific geographic justification for the memorial being located in a specific site Acceptable Art: Acceptable forms of art (“Acceptable Art”) shall include but are not necessarily limited to, the following: 49. All forms of limited edition or one-of-a-kind original creations of visual art created by an artist 50. Project features and enhancements which are unique and produced by a professional artis t such as benches and fountains 51. Murals or mosaics covering walls 52. Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the climate 53. Other suitable artworks as presented in a catalogue and previously approved by the PAC Not Acceptable Art: The following, non-exclusive list describes those items not considered Acceptable Art: 54. Business logos or art that incorporates a logo for the primary purpose of advertising a business 55. Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original works of art 56. Mass-produced art objects, such as fountains, statuary objects, or playground equipment 57. Decorative ornamental or functional elements created by the project 58. Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art 59. Electrical, water or mechanical service for activation of the works of art 60. Art exhibitions and educational activities 61. Security and publicity concerning works of art 62. Standard landscape or hardscape elements that would normally be associated with the project 13 VI. PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT A. Basic Requirements 1. Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The Percent for Public Art contribution shall equal:  1% of Total Construction Cost for projects of $1 million or less;  ¾% of Total Construction Cost for projects with a value between $1 million and $10 million; or  ½% of Total Construction Cost for projects with a Total Construction Cost over $10 million. As an alternative to providing public art, developers may make a donation to the Fountain Hills Public Art Fund in an amount equal to the above calculation. If requested, the PAC and Town staff will work with the developer to identify an appropriate use of the contribution that will benefit both the developer and the Town. 2. Developers are not required to make a contribution to the Maintenance Endowment Calculation for any artwork located on private property. If the artwork is to be located on public property, the Maintenance Endowment Calculation will apply. 3. The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are required to submit a Donation Application and comply with the Art Acquisition Criteria. The art contribution should be approved by Town staff and PAC as being in compliance with the ordinance. 4. Artwork selected by the developer to go on site must be integrated with the project, be located on an exterior of the structure or the building site, be visible to the public at all times and be accessible for at least 40 hours per week. The location of the artwork should be in an outdoor location to allow unrestricted visibility by the public 24 hours per day. 5. A plaque will be placed that will identify the art and the artist. B. Total Construction Cost Calculation Total Construction Cost, as used in the Calculation for Percent for Public Art, includes hard costs of construction, site work and signage costs. C. Eligible Costs for Calculating the Contribution The following costs may be included in the calculation of the developer’s required art investment. 14 1. Professional artist’s budget, including artist fees, materials, assistants’ labor costs, insurance, permits, taxes, business, legal expenses and operating costs. 2. Fabrication and installation of the artwork, including base and/or foundation if necessary. 3. Site preparation for artwork. 4. Structures enabling the artist to display the artwork. 5. Documentation of the artwork. 6. Acknowledgment plaque identifying the artist, artwork and development, per Town format. D. Responsibility After Installation 1. Art located on the developer’s property will remain the developer’s property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer’s and subsequent property owner’s responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. Developer will be cognizant of the federal Visual Artists Rights Act, which prevents the distortion or modification of an artwork without the artist’s permission. 2. If any changes are considered by the property owner for the previously approved artwork located on site, an application for consideration of change must be submitted to the PAC. All submitted changes are subject to full review by the PAC and Town Council. 3. Art located on Town-owned property shall become the property of the Town. The artwork location will be reviewed by the Town’s Facilities Division and other staff to ensure compliance with American with Disabilities Act (ADA), and to minimize conflicts with public utilities in Town rights-of-way. The Town will insure and maintain all pieces on Town-owned property. 15 VII. ACQUIRING ART THROUGH ARTISTS SELECTION OR PURCHASE The PAC will identify potential art projects or art purchase opportunities. Any recommendation to the PAC regarding the acquisition of a piece of art shall identify the potential source of funds for such acquisition. Such source of funds may include the funds deposited in the Fountain Hills Public Art Fund. 1. The PAC will decide which projects or purchases will be recommended to the Town Council as required in the Artwork Donation Process. The Town Council will have the final decision, acting in its sole discretion, to determine (i) which projects or purchases will be undertaken and (ii) if the recommendation includes the use of funds from the Fountain Hills Public Art Fund, whether the use of such funds is appropriate. 2. If the Town Council approves moving forward with a project or purchase, the PAC will assume the role of an independent selection panel. The PAC will choose the most appropriate method for a given project or purchase from among the following options: a. Open Competition. This method offers opportunities in which any professional artist is eligible to enter. A Project Profile, an announcement with information about the project, will be circulated, requesting artist proposals for review by the selection panel. b. Invitational or Limited Competition. This two-staged competition calls for artists to submit qualifications (documentation of past work) for the selection panel’s consideration, instead of a proposal. The panel selects three to five artists to visit the site and develop detailed proposals or to participate in an interview process. The artists may be paid for their proposals and site visits based on a percentage of the project budget. The panel then reconvenes to select an artist and/or proposal. c. Direct Selection and Nominations. In this method, the panel selects one artist on the basis of documentation of past work. The pool of work reviewed can be solicited through a call-to-artists or by using an existing artist slide bank. The artist is selected by the PAC and a recommendation is presented to the FHCCA and Town Council for approval. PAC will then negotiate a contract for the development of a proposal. d. Direct Purchase. A method that results in the purchase of already completed artworks, based upon the PAC’s recommendations. 3. Upon Town Council approval of any public art project or purchase, the PAC will contact the selected artist or artist’s agent. The PAC will prepare an invoice or contract between the FHCCA and the artist covering the entire scope of work to be performed, and specifying all fees to be paid, including, those for any travel expenses, shipping and/or installat ion charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the acquisition cost, the aforementioned invoice or contract shall be entered into between the Town and the artist, and the Town Attorney shall prepare the invoice or contract with input from the PAC as to the appropriate scope of work to be performed, fees to be paid, travel expenses to be reimbursed and shipping and/or installation charges to be paid. If both the Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or installation, the FHCCA shall contribute its portion to the Town prior to the date the Town is required to pay the final invoice. 16 4. Working in cooperation with appropriate Town staff and/or commissions, the PAC will assume responsibility for project management: overseeing the purchase, shipment and installation of selected art work, or the design, fabrication and installation of a commissioned project. 5. According to the payment schedule stipulated in the contract, the PAC will be responsible for paying all project fees in a timely fashion, except for those installation fees agreed to be covered by the Town through a separate agreement. 6. Upon completion of the purchase or project, the PAC will arrange a public dedication and formal transfer of ownership to the Town. 17 VIII. TEMPORARY OR TRAVELING EXHIBITIONS From time to time, the PAC may make arrangements for temporary works of art to be displayed in select locations. These Temporary or Travelling Exhibitions may be installed to celebrate a current cultural, social or civic event, or may represent art that is available on a temporary basis that can bring a new, thoughtful perspective to the Fountain Hills Public Art Collection. Considerations for selection of a Temporary or Travelling Exhibition might include: 1. Costs: Costs associated with these Temporary Exhibits may be either borne by private donors or the Public Art Fund. In the event there might be costs to be borne by the Town of Fountain Hills from the Public Art Fund, the PAC shall make a request for funds in advance of any commitments to display the work. These costs might include but may not be limited to honorariums paid to artists, installation costs, maintenance, lighting, plaque costs or insurance costs. 2. Selection: The Selection Criteria shall be similar to those outlined in Article VII Acquiring Art Through Artists Selection or Purchase. 3. Additional Criteria in a Call to Artists for the purpose of the temporary status might include: a. Length of time to be displayed. b. Whether or not the artwork may be sold during the exhibition or as a function of the exhibition. In such event, the work will be required to remain on site during the full length of the exhibition. c. Manner in which the artist may advertise or promote themselves or the work. d. Requirement for insurance to be carried by the artist. e. Requirement of the Artist to be present for installation, de-installation and Dedication of the Exhibition. f. An appropriate disclaimer created by legal counsel of the Town of Fountain Hills pertaining to the Artists release of liability for damage or destruction while on display. 18 IX. GIFT AND SALE OF ARTWORKS The Gift and Sale of Art Program is established to allow the public to donate works of art to the Town of Fountain Hills that may or will be sold for the benefit of Public Art Fund. When the PAC determines that it would be advantageous to the Town, a gifted work of art may be acquired and sold. 1. Sale at Public Auction: A work of art under the jurisdiction of the Town ma y be sold at public auction to the highest and best bidder and the PAC may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser. 2. Private Sale: If the work is offered at public auction and no bids are received, or if the bids are rejected, the PAC may determine that the work may be sold on terms more advantageous to the Town. 3. Proceeds from Sale of Artwork: All proceeds from any sale or auction, shall be credited to the Public Art Fund, and the monies contributed to the fund from the sale of a work of art under the jurisdiction of the Town shall be expended exclusively for the purpose of acquiring or maintaining works of art in the Collection. 4. Objects may not be given or sold privately to Town employees, officers, members of the Commission, or to their representatives or family. Other Considerations: If, for any reason, the Town of Fountain Hills finds it necessary to pursue plans that would modify, remove, destroy or in any way alter an artwork, and the PAC approves such action, then the PAC shall make a reasonable effort to notify the artist by registered mail of the Town's intent and outline possible options, which include, but are not limited to the following: 1. Transfer of Title to the Artist: The artist will be given the first option of having the title to the artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible for the object's removal and all associated costs. 2. Disclaim Authorship: In the case where the Town contemplates action which would compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim authorship and request that his/her name not be used in connection with the given work. Alteration, Modification or Destruction: If alteration, modification, or destruction of an artwork protected under the Visual Artists Rights Act of 1990 is contemplated, the PAC must secure a written waiver of the artist's rights under this section. In the case of an emergency removal that may result in destruction or irreparable damage, the Town will act in accordance with the advice of the Town Attorney. Relocation of Public Display: If the Town decides that an artwork must be removed from its original site, and if its condition is such that it could be re-installed, the PAC and Town will attempt to identify another appropriate site. If the artwork was designed for a specific site, the PAC and Town will attempt to relocate the work to a new site consistent with the artist's intention. If 19 possible, the artist's assistance will be requested to help make this determination. The Town and PAC reserve the right to relocate or remove any artwork at any time. The final decision regarding the placement of artwork will rest with the Town and PAC. 20 X. DECOMMISSIONING POLICY Conditions: A work of art may be considered for removal from public display and/or decommissioning if one or more of the following conditions apply: 1. The work does not fit within the PAC mission, goals, or guidelines for the Art Collection. 2. The work presents a threat to public safety. 3. Condition or security of the work cannot be guaranteed, or the Town cannot properly care for or store the work. 4. The work requires excessive or unreasonable maintenance or has faults in design or workmanship. 5. The condition of the work requires restoration in gross excess of its aesthetic value or is in such a deteriorated state that restoration would prove either unfeasible, impractical or misleading. 6. No suitable site for the work is available, or significant changes in the use or character of design of the site affect the integrity of the work. 7. The work is fraudulent or not authentic. 8. The work is rarely or never displayed. 9. Significant adverse public reaction over an extended period of time (5 years or more). 10. The work is judged to have little or no aesthetic and/or historical or cultural value. 11. The work is duplicative in a large holding of work of that type or of that artist. Process: The following process shall be followed for works being considered for decommissioning: Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts shall be made to ascertain that the PAC and the Town are legally free to do so. Where restrictions are found to apply, the PAC shall comply with the following: Mandatory restrictions shall be observed unless deviation from their terms is authorized by a court of competent jurisdiction. Objects to which restrictions apply should not be disposed of until reasonable efforts are made to comply with the restrictive conditions. If practical and reasonable to do so, considering the value of the objects in question, the PAC should notify the donor if it intends to dispose of such objects within ten years of receiving the gift. If there is any question as to the intent or force of restrictions, the PAC shall, through Town staff, seek the advice of the Town Attorney. 21 Independent Appraisal or other documentation of the value of the artwork: Prior to disposition of any object having a value of $10,000 or more, PAC and/or Town staff should obtain an independent professional appraisal, or an estimate of the value of the work based on recent documentation of gallery and auction sales. Related Professional Opinions: In cases of where decommissioning or removal is recommended due to deterioration, threat to public safety, ongoing controversy, or lack of artistic quality, it is recommended that the PAC seek the opinions of independent professionals qualified to comment on the concern prompting review (conservators, engineers, architects, critics, safety experts etc.). PAC Hearing and Resolution: The recommendation to decommission a work of art will be considered at a regular or special meeting of the PAC. The Town must approve by Resolution the PAC’s recommendation that a work of art under its jurisdiction should be decommissioned through sale or exchange. Provisions for Emergency Removal: In the event that the structural integrity or condition of an artwork is such that, in the opinion of the PAC or Town staff, the artwork presents an eminent threat to public safety, the Town may authorize its immediate removal, without the artist's consent, by declaring a State of Emergency, and have the work placed in temporary storage. The artist and the PAC must be notified of this action within 30 days. The PAC will then consider options for disposition: repair, reinstallation, maintenance provisions or decommissioning. In the event that the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the Town has not waived his/her rights under the 1990 Visual Artists’ Protection Act, the Town must attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the Town shall proceed according to the advice of the Town Attorney. Adequate Records: An adequate record of the conditions and circumstances under which objects are decommissioned and disposed of should be made and retained as part of the Collections Management records. 22 ARTWORK DONATION APPLICATION Use this form to submit proposals for permanent artwork donations or short-term or long-term loans. Thank you for your interest in donating artwork to the Town of Fountain Hills, Arizona. Please direct any questions, and complete and submit this application to: Name:________________________________________________________________________ Address: ___________________________________________ Phone: ____________________ Email Address: _________________________________________________________________ Please attach additional sheets. The Town reserves the right to request additional information in order to process a donation proposal. DONOR Name(s) Organization (if applicable): (Please check one: ___ Individual(s) ___ Corporation ___ Not-for-Profit ___Other (specify: _______________________________) Address City State Zip Code Country Phone Fax Email (Please check one): Donation of artwork to be commissioned ______ Donation of existing artwork Donation for Development Percent for Public Art (Please go to Percent for Development Option) Conflict of Interest: Disclose whether the donor has any active contracts with the Town or is involved in any stage of negotiations for a Town contract. ARTIST Name Alias (If applicable) Nationality Birth Date Death Date (If applicable) Address City State Zip Code Country Phone Fax Email Website 23 Artist Representation/Gallery Name (If applicable) Artist Representation/Gallery Address City State Zip Code Country Phone Fax Email Website For donations of commissioned artwork, please explain the method used in the selection of the artist. ARTWORK Title Artwork type (e.g., painting, print, drawing, sculpture) Medium: include all materials Description of Artwork Creation Date Dimensions and Weight Anticipated Life Expectancy of the Artwork Finishes applied to surface Construction technique(s) If this artwork is part of a series or group, what is the total number in the series or group? If this artwork is part of an edition, what is the edition number of this piece, and the total edition size? Describe frame, if any. Describe base or pedestal, if any. 24 Describe any accompanying accessories Current location of artwork Proposed site for placement (if applicable) For memorials, describe the person or event to be commemorated, and explain why this person or event deserves special recognition. ARTWORK HISTORY Provenance/Past Owners: List all past owners and period of ownership for each. A separate page can be submitted. Exhibition History: List the exhibition history including exhibition titles, venues and dates for each. Publications and References: List all publications about and references to the artwork. COPYRIGHT OWNERSHIP Name of current copyright owner Title Address City State Zip Code Country Phone Fax Email If the donor is the current copyright owner, does the donor intend to transfer the copyright to the Town of Fountain Hills should the donation be accepted by the Town? ARTWORK VALUATION (per appraisal) 25 Fair Market Value $ How was this fair market value determined and by whom? CONDITION Describe the current condition of the artwork noting any existing breaks, tears, scratches, abrasions, paint losses, or other insecurities or defects in the artwork. If the artwork has been conserved, describe the conservation treatment and name of conservator. Provide recommendations for routine maintenance of artwork. Indicate whether these recommendations were provided by a conservator. (Optional) Provide recommendations for security, installation, transportation and/or storage. For donations of commissioned artwork, please outline the installation plan. OTHER REQUIRED MATERIALS Please submit the following materials along with this completed form. Artist’s résumé and bio Digital, color images of past artwork by artist For commissioned artwork, color renderings or maquettes of proposed artwork Maps or images of proposed site for artwork Itemized list of any costs to be borne by the Town for transportation, installation, exhibition, operation, maintenance, conservation, and/or security For commissioned artwork, an itemized budget for design, fabrication, and installation For commissioned artwork, a timeline for design, fabrication, and installation 26 Exhibition catalogs, publications and/or references, if available Formal, written appraisal for any artwork with a fair market value of $10,000 or more Condition report, if available Conservator’s report, if applicable Proof of authenticity, if available Any other information relevant to the artwork DEVELOPMENT PERCENT FOR PUBLIC ART (_____________) Development Description Total Project Cost as Determined by Town Staff $__________________ Total Calculated Percent Requirement as Determined by Town Staff  1% of Total Project Cost for projects of $1 million or less;  ¾% of Total Project Cost for projects with a value between $1 million and $10 million; or  ½% of Total Project Cost for projects with a Total Construction Cost over $10 million. $__________________ (Please check one): Developer chooses to make donation to Public Art Fund Amount Received $ ___________________Payment Type________________________ Developer chooses to meet percent requirement with on-site art installation (please fill out Artwork Donation Application and reference the Town of Fountain Hills Public Art Master Plan.) Developer chooses to donate an artwork to the Town of Fountain Hills (please fill out Artwork Donation Application and reference the Town of Fountain Hills Public Art Master Plan.) 27 DONOR’S AUTHORIZATION TO INITIATE A DONATION REVIEW Authorized signature Title Print name Date STAFF ONLY Received by Date ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  purchase of a Pumper Truck for the Fire Department and the associated budget transfer. Staff Summary (Background) The Town Council adopted the Vehicle Replacement Program for the purpose of strategically planning for and scheduling the replacement of vehicles in the Town's fleet.  By determining the lifecycle and future costs of vehicle replacements, the Town annually budgets a fixed amount over the life of vehicles to adequately fund vehicle replacements. The Vehicle Replacement Program also outlines an authoritative decision-making process for the evaluation, selection and multi-year scheduling of vehicle replacements based on a projection of available fiscal resources and the vehicle's age, mileage, engine hours and repair costs. The objectives of this program are to:  Ensure the timely purchase, repair and replacement of the Town's vehicles; Serve as a link in the Town's planning between the Town's operating and Capital budgets; Maintain control over the Town's long term cash flow in relation to the Town's financial capacity; and Ensure efficient, effective and coordinated vehicle acquisition and replacement. Per the Vehicle Replacement Program Policy the guidelines below shall be utilized. Vehicles may also be replaced due to excessive maintenance and repair costs. Vehicles being replaced will be sent to auction with the proceeds being deposited in the Vehicle Replacement Fund. Pumper Trucks: 15 years/120,000 miles. At the discretion of the Public Works Director and based on a recommendation from the fleet mechanic, early retirement of a vehicle with excessive maintenance may be recommended. Excessive maintenance is defined as repair costs that exceed 40% of the vehicle value in a twelve-month period. The Fire Department's existing Pumper is a 2008 model with estimated repair costs that will exceed $35,000.00. This would be excessive maintenance as defined by the policy and increase the repair costs to total $60,000.00, exceeding 40% of the vehicle value. The estimated cost of purchasing and outfitting a new pumper truck is $513,913.79. The Vehicle Replacement Fund has adequate reserves to absorb the purchase of a replacement fire truck at this time.  Due to the length of Exhibit A to the Cooperative Purchase Agreement, it may be accessed here. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends purchase of the pumper truck as presented SUGGESTED MOTION MOVE to approve the Cooperative Purchase Agreement (C2020-070) with Rosenbauer South Dakota, LLC, for the Acquisition of a new 2019 Rosenbauer FX Custom Pumper, Stock #17739, in an amount not to exceed $513,914.00 to cover the cost of pumper, listed options and sales tax and approve the associated budget transfer. Fiscal Impact Fiscal Impact:$513,914.00 Budget Reference: Funding Source:VRAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments CPA Rosenbauer  VRF E823  Proposal Letter  New E823  Warranty  Budget Transfer  Form Review Inbox Reviewed By Date Fire Chief Dave Ott 02/24/2020 08:10 AM Finance Director David Pock 02/24/2020 10:38 AM Town Attorney Aaron D. Arnson 02/24/2020 02:11 PM Town Manager Grady E. Miller 02/24/2020 04:23 PM Form Started By: Elizabeth A. Burke Started On: 02/20/2020 02:49 PM Final Approval Date: 02/24/2020  1 Contract No. 2020-070 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROSENBAUER AMERICA, LLC D/B/A ROSENBAUER SOUTH DAKOTA, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of March 3, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Rosenbauer America, LLC , a Delaware corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the National Joint Powers Alliance (“NJPA,” now known as “Sourcewell”) entered into Contract No. 022818-RSB, as amended, dated April 16, 2018 (the “NJPA Contract ”), for the procurement of firefighting apparatuses, with related equipment, accessories, and supplies. A copy of the NJPA Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3 -3-27 of the Town Code, to make purchases under the NJPA Contract, at its discretion and with the agreement of the awarded Contractor, and the NJPA Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the NJPA Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide labor, equipment, and materials necessary to provide interior/exterior painting and related services (the “Materials and Services ”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 2, 2021, unless terminated as otherwise provided in this Agreement or the NJPA Contract. 2. Scope of Work. Contractor shall provide to the Town the Mater ials and Services 2 under the terms and conditions of the NJPA Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the NJPA Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement. 3. Compens at ion. The Town shall pay Contractor an amount not to exceed $513,913.79 for the Materials and Services at the rates set forth in the NJPA Contract and as more particularly set forth in the Contractor’s Proposal in Exhibit B, attached hereto an incorporated herein by reference, to the extent not inconsistent with this Agreement. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the NJPA Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additiona lly, invoices submitted without referencing this Agreement and the NJPA Contract will be subject to rejection and may be returned . 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relat ing to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to 3 Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcon tractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. R EV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for t he duration of this Agreement that it will not engage in a “boycott,” as that term is defined in A RIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “bud get law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty o f good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. I n the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the NJPA Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms 4 of this Agreement or the NJPA Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unaut horized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the NJPA Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its r equirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the NJPA Contract, the Town shall be afforded all of the rights and privileges afforded to NJPA or Sourcewell, and shall be “NJPA ” (as ma y defined in the NJPA Contract ) or Sourcewell, as appropriate, for the purposes of the portions of the NJPA Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to NJPA or Sourcewell to the extent provided under the NJPA Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, offic er, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Dr., Ste. 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Rosenbauer America, LLC d/b/a Rosenbauer South Dakota, LLC 100 Third Street 5 Lyons, South Dakota 57041 Attn: Donley Frederickson or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received : (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s cou nsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ________________________________ Grady E. Miller, Town Manager ATTEST: ________________________________ Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ____________________, 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________ Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 7 “Contractor” ROSENBAUER AMERICA, LLC D/B/A ROSENBAUER SOUTH DAKOTA, LLC a Delaware corporation By: __________________________ Name: ________________________ Its: ___________________________ (ACKNOWLEDGEMENT) STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On ________________, 2020, before me personally appeared _________________, the ________________ of ROSENBAUER AMERICA, LLC D/B/A ROSENBAUER SOUTH DAKOTA, LLC , a Delaware corporation, whose identity was proven to me on the basis of satisfactory evidence to be the p erson who he or she claims to be, and acknowledged that he or she signed the above document, on behalf of the corporation. ____________________________ Notary Public (Affix notary seal here) 4832-4945-1189, v. 1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROSENBAUER AMERICA, LLC D/B/A ROSENBAUER SOUTH DAKOTA, LLC [NJPA Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROSENBAUER AMERICA, LLC D/B/A ROSENBAUER SOUTH DAKOTA, LLC [Contractor’s Proposal] See following pages. New Vehicle Request Form Information Employee Name: Dave Ott Department/Division: Fire Total Purchase Price: $513,914.00 Type of Vehicle Requested: Sedan/SUV Loader/Grader/Tractor Medium/Heavy Duty Truck X Pumper Truck Light Duty Truck Utility Vehicle /Bunker Rake Dump Truck Other_________________ Date Needed by: 4/10/2020 Budgeted: Vehicle Replacement Account Code: FDOP ORG Object Reason for Purchase: Replacement for aging Pumper Truck, E 823. Dave Ott 2/18/2020 Department Director Signature Date Finance Approval Approved Rejected Comments: Finance Director/Procurement Agent Signature Date 1 Bid Price and Delivery Schedule For ************ Town of Fountain Hills *********** Rosenbauer South Dakota LLC is pleased to provide this bid proposal. The proposed apparatus has been tailored around the requirements of the fire service industry and we are confident that our proposal will meet and exceed the needs of the department. The proposed apparatus will be constructed utilizing only the highest quality materials and workmanship available in the industry. The apparatus will provide the upmost firefighter safety and efficiency on the fire ground along with extended life and lower maintenance cost throughout the life of the vehicle. One (1) Rosenbauer FX Custom pumper: $455,000.00 plus tax Stock unit #17739 per attached specifications Options - Add TFT Hurricane monitor with automatic nozzle $4,086.00 plus tax - Add Setcom intercom system $6,050.00 plus tax - Install graphics to match FHFD fleet $5,373.00 plus tax Pretax total $470,509.00 plus tax Tolleson, AZ sales tax 8.8% $41,404.79 Sourcewell usage fee $2,000.00 Total Sell price $513,913.79 The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and are provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for automotive fire apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addit ion to the price set forth above. 2 Contract Terms Delivery: The proposed apparatus shall be completed within 60-90 calendar days based on availability of monitor and intercom system components. Price Terms : This offer shall remain valid for thirty, (30) calendar days from the quotation submittal date of February 4, 2020. Payment: Contract payment of one-hundred percent (100%) of the purchase price shall be paid upon delivery and acceptance of the completed unit. I want to thank the Town of Fountain Hills for the opportunity to serve the needs of the department. Sincerely, Chad Horne Chad Horne Rosenbauer America (602) 705-5101 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Raymond Rees, Facillities/Environmental Supervisor Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  a Cooperative Purchasing Agreement with Riddle Painting & Coatings, Co. for painting Civic Center Complex buildings. Staff Summary (Background) This agenda I tem was brought before the Town Council during the February 17, 2020, Council meeting.  During the meeting, members of the Town Council asked for additional information regarding the vendor's warranty.  Staff provided the warranty information to the Town Manager on February 20, 2020, and a copy has been attached to this report.  The Town Council also requested additional information about the type of paint used on the project.  Based on his expertise and knowledge, Council requested staff to provide the paint specifications to Councilmember Brown for his review prior to this agenda item returning to the Town Council.  The community center, library and museum are scheduled to be painted as part of the reserve analysis the Town conducted in September 2015.  The last time the buildings were painted was in 2007.  It has been approximately 13 years since the buildings have been painted and that is beyond the life expectancy of paint that was applied at the time.  The cost of the proposed Civic Center painting project is $190,283.98, which will include the community center and library/museum buildings, all site walls, window frames, doors, light poles, and monument stands. The proposed library interior painting project is $20,887.08.  At the time of this submitted report staff was awaiting to hear from the Friends of the Library on what contributions the organization may be making on behalf of the library for cost sharing.  A proposal for the entire amount of the interior painting project was presented to the Friends of the Library for consideration. The funding for the painting project will come from the Capital Facilities Replacement Program.  Each year the Town Council appropriates funding through the annual budget process in this reserve for the purpose of maintaining critical town infrastructure and equipment other than streets and sidewalks.   Related Ordinance, Policy or Guiding Principle N/A N/A Risk Analysis Not painting the buildings will result in deterioration of the existing paint and compromise the stucco finish on the buildings. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the cooperative purchasing agreement with Riddle Painting & Coatings, Co. SUGGESTED MOTION MOVE to approve the contract with Riddle Painting and Coatings, Co. Attachments Riddle warranty  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 02/20/2020 08:45 AM Town Attorney Aaron D. Arnson 02/20/2020 10:32 AM Town Manager Grady E. Miller 02/21/2020 07:45 AM Form Started By: Raymond Rees Started On: 02/20/2020 08:32 AM Final Approval Date: 02/21/2020  ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Randy Harrel, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF approving the First Amendment to Professional Services Agreement between the Town of Fountain Hills and JE Fuller/Hydrology and Geomorphology, Inc. (Contract No. C2019-079.01), for the Golden Eagle Park Drainage Improvement - Phase 1 Grading, Final Design project. Staff Summary (Background) At the Town Council meeting on January 21, 2020, representatives of J.E. Fuller/Hydrology & Geomorphology presented their recommendations contained in the "Golden Eagle Park Drainage Improvements Study" to mitigate future Golden Eagle Park site flooding up to the 10-year design storm, including mitigating the type of damages sustained at the Park during the past two years. Based on the Council's direction, J.E. Fuller has now submitted its proposal (revised to incorporate Staff review comments) for the initial grading and drainage design of those facilities, the "Golden Eagle Park Drainage Improvement - Phase 1 (Grading), Final Design SOW and Fee Estimate" (attached), dated January 28, 2020. The proposed project includes a new topographic survey, an allowance for the potential design of utility relocations, and agency coordination (with ADWR and FCDMC). The proposed design work features include:  Outlet Removals - Trash rack removal (finalization and regulatory approval); removal of the concrete drop inlet. Channel Regrading - Screening (for riprap) and removal of accumulated sediments. Rough grading Ashbrook Wash, Bristol Wash, Cloudburst Wash, and two short local channels through the Park. Sediment Basins - Rough grading for 3 sediment basins within the Park. Reconstruct 3 sidewalk wash crossings. Concrete channel guide sections - To facilitate re-grading the channels after future flood events. Bristol Wash, armored drop structure - Near the existing Park pedestrian bridge. A proposed future design contract (in next year's budget) and a corresponding construction contract will include:  Outlet Upgrade: New large debris trash rack; concrete apron. Outlet Upgrade: New large debris trash rack; concrete apron. Debris Bollards - for catching debris ahead of the Outlets. Grouted riprap lining - for the 2 local Park channels. Catch basin improvements - on Golden Eagle and on Desert Canyon, at the Park frontage (Concept plan prepared by Town Staff)  Ashbrook Wash channel improvements - upstream, from Golden Eagle Blvd. to Sunridge Parcel E's sidewalk crossing. Bristol Wash sediment basin - located just upstream from Golden Eagle Blvd. These improvements are all graphically shown in Exhibit 1 (the final sheet) of JE Fuller's proposal. JE Fuller's proposal includes design survey and topography, utility coordination (with an allowance for possible utility relocation, if needed), construction documents, and agency meetings (with FCDMC and ADWR). The proposal shows a 4-month project schedule, for a total not-to-exceed price of $116,536. An owner's allowance of $12,948 has been included in this contract amendment to cover currently unforeseen work needed, yielding the First Amendment amount of $129,484, and increasing the total Contract Amount for JE Fuller's contract (including previous study work completed, from $32,438) to $161,922. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis Not preparing this design and proceeding with the resulting construction work leaves Golden Eagle Park susceptible to the major flood damages experienced during the past two years. Mitigation of these flood hazards is the purpose of this project.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the First Amendment to Professional Services Agreement between the Town of Fountain Hills and JE Fuller/ Hydrology and Geomorphology, Inc. (Contract No. 2019-079.01), for the final design and construction documents for the Golden Eagle Park Drainage Improvement - Phase 1 (Grading) Final Design project, in the amount of $129,484 (consisting of a not-to-exceed price of $116,536, plus an owners allowance of $12,948). SUGGESTED MOTION MOVE to approve the First Amendment to Professional Services Agreement between the Town of Fountain Hills and JE Fuller Hydrology & Geomorphology, Inc. (Contract No. 2019-079.01), in the amount of $129,484 (includes owner's allowance of $12,948) and increasing the total contract amount (including previous study work completed, from $32,438) to $161,922. Fiscal Impact Fiscal Impact:$129,484 Budget Reference:page 356-7 Funding Source:Capital Project Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments PSA JE Fuller Amend #1 GEP  GEPD - Scope, Fee, & Map  Form Review Inbox Reviewed By Date Public Works Director Randy Harrel 02/19/2020 10:00 AM Public Works Director Randy Harrel 02/19/2020 10:13 AM Public Works Director Justin Weldy 02/19/2020 01:50 PM Town Attorney Aaron D. Arnson 02/20/2020 02:22 PM Town Manager Grady E. Miller 02/21/2020 07:59 AM Form Started By: Randy Harrel Started On: 01/28/2020 03:57 PM Final Approval Date: 02/21/2020  Contract No. 2019-079.01 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC. THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into as of March 03, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and JE Fuller/Hydrology and Geomorphology (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement, number 2019-079, dated April 24, 2019, for the performance of a concept design study related to drainage improvements at Golden Eagle Park (the “Materials and Services”). The terms of the Agreement are incorporated herein. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. C. The Town and the Consultant desire to enter into this First Amendment to establish the scope of services, increase the compensation authorized by the Agreement for the Additional Materials and Services, and extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 Consultant hereby agree as follows: 1. Term. This Agreement shall is hereby extended until April 23, 2021, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. The parties may, by mutual written agreement, extend this Agreement for up to one additional one- year term if desired by the parties. 2. Scope of Services. The Consultant shall perform the Additional Materials and Services as set forth in Exhibit A to this Amendment. 3. Compensation. The Town shall pay the Consultant an amount not to exceed $129,484.00 ($116,536.00 for the fee estimate in Exhibit A and $12,948.00 as an owners’ allowance) for the Additional Materials and Services, thereby increasing the aggregate compensation due under the Agreement from $32,438.00 to $161,922.00 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 First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 6. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that te rm is defined in Ariz. Rev. Stat. § 35-393, of Israel. 7. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC. [Consultant’s Proposal] See following pages. www. jefuller.com Tempe, AZ Tucson, AZ Flagstaff, AZ Prescott, AZ Silver City, NM January 28, 2019 Randy Harrel, PE, SE, RLS, CFM Town Engineer Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: Golden Eagle Park Drainage Improvement – Phase 1 (Grading) Final Design SOW and Fee Estimate Dear Mr. Harrel: Thank you for requesting the services of JE Fuller/Hydrology and Geomorphology, Inc. (JE Fuller). We are very interested in the opportunity to continue working with the Town. This document summarizes our understanding and needs of the project as well as outlines the proposed scope of services to be completed. BACKGROUND Golden Eagle Park, originally gifted to the Town of Fountain Hills (Town) by MCO Properties in c.1995, lies mostly within and below the flood detention basin high water level of the Golden Eagle Park Dam. Three washes – Ashbrook Wash, Bristol Wash, and Cloudburst Wash – flow into this dam/detention basin. The Town had originally graded channels for frequent flows around baseball/softball fields constructed in the detention basin, recognizing that in larger storms that the fields would be inundated due to dam backwater anyway. Overflow from the channels onto the ballfields has been an on-going issue during many periodic storm events at Golden Eagle Park. In particular, two storms (October 2, 2018 and September 23, 2019) caused significant damage to the park due to inundation resulting from these storms. JE Fuller has recently submitted to the Town a conceptual design report for recommended drainage improvements within and adjacent to Golden Eagle Park. The implementation of those recommendations will be accomplished by the Town in two phases. Phase 1 will include rough grading the proposed channel improvements (including sediment basins) and replacement of the sidewalk crossings within the reconstructed channels. Phase 2 will provide for the finished grading and landscape of the channels, reconstruction of the inlet works and debris racks for the primary outlets of Golden Eagle Park Dam, the stabilization of the pedestrian crossing of Ashbrook Wash, and improvements of two curb inlets – one on Golden Eagle Boulevard and the other on Desert Canyon Drive. This proposal covers the final design and development of the Phase 1 construction documents. The current contract (Contract No. 2019-079) will be amended to refine the channel grading and sidewalk replacement of the recommended alternatives and to produce construction drawings that the Town can use to contract the construction of the channel P a g e | 2 www. jefuller.com grading and sidewalk replacement of the recommended improvements. An overview of all the recommended improvements is attached as Exhibit 1. The following is a scope of services to complete the construction design plans for Phase 1, where Phase 1 includes the channel grading and sidewalk replacement. SCOPE OF SERVICES The following tasks below encompass the scope of services to finalize the Phase 1 design and produce bid-ready construction design plans for the Town. A task item is also included that begins the Agency coordination that will be required to complete the Phase 2 recommended improvements (shown in Exbibit 1) • Task 1. Project Management and Site Visit. This task includes up to three (3) in-person progress meetings as well as one (1) field visit to observe post-Sept. 2019 flood impacts and maintenance changes to the area. • Task 2. New Topography, and Basemap Preparation. The most recent detailed topography for the area predates the 2018 flood and subsequent maintenance alterations to the park terrain. Moreover, the existing topography is not of adequate resolution for detailed engineering design and construction quantities. Additionally, during the conceptual alternatives evaluation, numerous detailed planimeteric features were noted that will require field survey of hard features such as edge of pavement, building footprints, walls, etc. This additional field survey will be incorporated into the CAD basemap for the final design drawings. JE Fuller will engage a registered land surveyor and bill this cost as a direct expense. See attached fee for cost breakdown. • Task 3. Utilities. JE Fuller will work with the Town and a utility subcontractor to locate key utilities and elevations before finalizing the grading and design of the new construction features, Utility relocation requirements for the various project elements will also be determined. This task will require collection of utility quarter section maps, contacting Blue Stake for a utility mark-out and subsequent survey, and may require potholes to accurately determine the elevation of the utility. The utility subcontractor will provide a utility base map using the results of Task 3. Potholes and sewer inverts and locations will be provided by the Town. JE Fuller’s utility subconsultant’s cost is estimated as a direct expense in the attached fee estimate. JE Fuller’s time for this task is also estimated in the attached fee estimate. • Task 4. Construction Document Preparation. JE Fuller will prepare the necessary construction documents for the Phase 1 improvements. This work includes the channel rough grading, and sediment basins within the Park, and sidewalk replacement for the 3 sidewalk crossings (2 crossings on Bristol Wash and 1 on Cloudburst Wash). Bid and Construction Contract Documents will be prepared by the Town. JE Fuller will prepare construction plans and provide an engineer’s opinion of construction cost (EOCC). Technical specifications for channel grading and screening of the removed material will be provided. No other special provisions or conditions are anticipated, and all construction shall be referenced to P a g e | 3 www. jefuller.com the latest MAG Standard Details and Specifications or specifications provided by the Town of Fountain Hills. All applicable information will be included on the construction plans. JE Fuller will prepare and submit the construction plans and an EOCC at the 60% and 90% design levels for Agency review and comment. A Final Sealed set of construction documents will be provided once all comments have been resolved. The following is a list of anticipated sheets related to the drainage elements for the Phase 1 portion of the project within or adjacent to Golden Eagle Park: - 1 Title Sheet - 1 Control Sheet - 1 Notes Sheet - 5 Plan and Profile Sheets at 40-scale (Ashbrook, Bristol, and Cloudburst Washes within Golden Eagle Park) - 2 Grading Plan Sheets for Sedimentation Basins - 1 Plan and Profile Sheet for minor drainage channel within Park - 1 Utility Conflict Sheet - 4 Misc. Detail Sheets (e.g., sidewalk replacement, concrete channel guide sections, armoring of drop on Bristol, etc.) This leads to an estimated total sheet count of 16 sheets. • Task 5. Final Engineer’s Design Report. A final design report will be provided to document the steps taken in the analysis supporting the final design and EOCC. This task also includes final edits to the draft conceptual design report that was submitted to the Town in October 2019. • Task 6. Agency Coordination. JE Fuller will engage FCDMC and ADWR for feasibility of lowering the drop inlet on the auxiliary outlet of Golden Eagle Park Dam (one alternative that was outlined in the October 2019 conceptual design report). This task includes up to three (3) meetings with FCDMC and/or ADWR. As a part of this task, JE Fuller will coordinate with the Town for development of future Phases of the final design project. P a g e | 4 www. jefuller.com FEE AND SCHEDULE JE Fuller will initiate work on the base tasks within one week of notice to proceed (NTP) and a signed contract. JE Fuller will bill the Phase 1 final design services on a time and materials basis not to exceed the amount of $116,536 as outlined in the attached fee table. Table 1. Fee Estimate Assuming a notice to proceed (NTP) date of February 18, 2020, an estimated milestone schedule is outlined below. • NTP – February 18, 2020 • Topography/Basemap Acquisition – March 19, 2020 • 60% Design Plan Submittal – April 26, 2020 o TOFH Review (2 weeks) • 90% Design Plan Submittal – May 28, 2020 o TOFH Review (2 weeks) • Final Submittal – June 25, 2020 P a g e | 5 www. jefuller.com TERMS AND CONDITIONS The following terms and conditions apply: 1. Data Provided by the Clients: The following will be provided by Client at no cost to JE Fuller: a. Topographic data, property boundaries, utility locations, pertinent grading and drainage plans, if available. 2. Services not included in this scope of work. The following services are not included in this scope of work but can be added for additional fee: a. Tasks not specifically identified in the scope of work above. b. Data acquisition fees c. Landscaping Design d. Environmental Permitting e. Agency review fees f. CLOMR/LOMR Applications g. Geotechnical Services h. Construction Staking i. Re-staking of any kind j. Hard Copy Full Size Plans, Blueprints, or Mylars k. Construction Phase or Post Design Services including As-Built Drawing Preparation Thank you again for requesting our services. We are looking forward to working with you on this project. Sincerely, JE Fuller/Hydrology & Geomorphology, Inc. Richard Waskowsky, PE Vice-President JE FULLER8400 S. KYRENE STE. 201TEMPE, AZ 85284(480) 222-5701 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !. !. EXHIBIT 1 GOLDEN EAGLE PARK DAM AREADRAINAGE IMPROVEMENTS PROJECTCONTRACT NO. 2019-079 Legend !.New Catch Basin Debris Bollards Minor Channel Grading Major Channel Grading Ashbrook Improvements (no concept plans) ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Grouted Riprap Sediment Basins Concrete GOLDEN EAGLE BOULEVARD ASH B R O O K W A S H BRISTOL W A S H CLOUDBURST WASHDESERT CAN Y O N D R I V E OVERVIEW MAP 0 200 400100 Feet o Desert Canyon DriveCatch Basin Improvements Golden Eagle BlvdCatch Basin Improvements Regrade Sidewalk New Concrete Apron Regrade Sidewalk Regrade Sidewalk Remove Existing Trash RackAdd New Large Debris Trash Rack ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department. Staff Summary (Background) Over the past two (2) years, severe monsoon storms have created many hazards throughout the Town of Fountain Hills. Impassable roads covered in rock and mud, over-topped sediment basins with debris from upstream flows and unwanted gravel/rock in right-of-way traffic lanes are just a few examples of what staff has had to respond to at all hours of the day and night. Unfortunately, long wait times and unavailability of rental equipment from vendors along with conflicting contractor obligations have put prolonged time delays with town-wide cleanup efforts.   Currently, for the Fiscal Year 2019/20, the Street Department has requested two new pieces of equipment to help with the seasonal events and other town-wide maintenance projects (drainage, wash and road maintenance) as part of the day-to-day operations. A 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom will allow staff to respond to any potential hazard (dirt, mud & debris) in a timely manner.  While not in use by the Streets Division, parks maintenance staff will be utilizing the equipment to remove the bird droppings on the walking paths at Fountain Park.   Budgeting for this equipment came through a variety of cost saving measures initiated in the Streets Section. Costly vehicles meeting replacement criteria were deferred and sent to auction with proceeds replenishing the vehicle replacement fund. With the ability to utilize contractor services to save money, vehicles like the Town's Lift Truck (approx. $148,000 replacement cost) were no longer needed. Vehicles were also downsized providing a lower purchase price and overall maintenance cost.  Even with the recent purchase of the new CAT backhoe approved by Town Council last fiscal year, the debris produced from these events and maintenance projects conducted during the day-to-day operations throughout the Town is overwhelming for one piece of equipment. The Street Department currently has many operators qualified to utilize the requested equipment. This not only provides that the proper care and maintenance of these vehicles will be taken into consideration but also a cost savings will reflect with not having to train unexperienced personnel. This purchase request had been before the Town Council previously.  The Town Council deferred action on approving the purchase until Councilmember Dennis Brown had an opportunity to meet with staff to better understand the need for the equipment and ability of staff to operate the equipment. Three weeks ago, Councilmember Brown met with the public works director and town manager to review the need for the equipment.  Based on the proposed use of the equipment, ability of staff to utilize the equipment, and the fact that it will also be used in regularly cleaning the bird droppings at Fountain Park, Councilmember Brown indicated his support of the equipment purchase. Related Ordinance, Policy or Guiding Principle New Vehicle Request Risk Analysis Without this heavy equipment, significant delays for storm debris can occur due to time restrictions and availability of rental equipment. It will also impact day-to-day operations preventing staff to complete projects in a timely manner with the ability to cost save. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval to purchase a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom in the amount of $169,676.97 SUGGESTED MOTION MOVE to approve the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom in the amount of $169,676.97.   Fiscal Impact Fiscal Impact:$169,676.97 Budget Reference:Page 408 Funding Source:VRHURF-8010 If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments CPA Empire Southwest  Form Review Inbox Reviewed By Date Public Works Director Jeff Pierce 12/02/2019 06:52 AM Streets Superintendent (Originator)Jeff Pierce 12/02/2019 12:18 PM Public Works Director Jeff Pierce 12/02/2019 12:37 PM Streets Superintendent (Originator)Jeff Pierce 12/02/2019 12:39 PM Public Works Director Justin Weldy 12/02/2019 01:24 PM Town Attorney Aaron D. Arnson 12/03/2019 02:11 PM Town Manager Grady E. Miller 12/03/2019 08:43 PM Streets Superintendent (Originator)Jeff Pierce 02/19/2020 12:04 PM Public Works Director Justin Weldy 02/19/2020 01:26 PM Town Manager Grady E. Miller 02/21/2020 06:56 AM Form Started By: Jeff Pierce Started On: 12/02/2019 05:35 AM Final Approval Date: 02/21/2020  1 Contract No. C2020-013 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC D/B/A EMPIRE POWER SYSTEMS THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of September 3, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Empire Southwest, LLC, a Delaware limited liability company d/b/a Empire Power Systems (the “Contractor”). RECITALS A. After a competitive procurement process, Sourcewell entered into Contract No. 032119-CAT, dated May 13, 2019, with Caterpillar Inc., a Delaware corporation (“Caterpillar”), for the procurement of heavy construction equipment with related accessories, attachments, and supplies (the “Sourcewell Contract”). A copy of the Sourcewell Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. Contractor is an authorized dealer for Caterpillar. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging the cooperative contractual relationship under the Sourcewell Contract and this Agreement, (ii) establishing the terms and conditions by which the Town will purchase a CAT 415F2 Industrial Loader and a Broce CRT350 Power Broom and related equipment (the “Materials”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until September 2, 2020 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to 2 availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Sourcewell Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide the Town with the Materials under the terms and conditions of the Sourcewell Contract and as more particularly set forth in the Contractor Proposals attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. The Materials are subject to final inspection and acceptance by the Town. If the Materials fail to conform to the requirements of this Agreement and/or the Sourcewell Contract, they will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming product, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials into compliance and withhold the cost of same from any payments due to the Contractor. 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $169,676.97 for the Materials at the rates set forth in the Sourcewell Contract and as more particularly set forth in the Contractor Proposals. 4. Payments. The Town shall pay the Contractor upon delivery and acceptance of the Materials, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Sourcewell Contract and (ii) document and itemize all products delivered to date. The invoice statement shall include sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or 3 claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona, and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among the terms of this Agreement, the Contractor Proposals, the Sourcewell Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in 4 conformity with Section 2 above, unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Sourcewell Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed as or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to Sourcewell and shall be “Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Sourcewell to the extent provided under the Sourcewell Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend, and hold harmless the Town and each council member, officer, employee, and agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from, and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, court costs, and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes, or omissions, in connection with the products or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Empire Southwest, LLC d/b/a Empire Power Systems 5 1725 S. Country Club Drive Mesa, AZ 85210 Attn: Doug Calvet or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation ________________________________ Grady E. Miller, Town Manager ATTEST: ________________________________ Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ________________, 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________ Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC D/B/A EMPIRE POWER SYSTEMS [Sourcewell Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC D/B/A EMPIRE POWER SYSTEMS [Contractor Proposals] See following pages. 01/30/19 Town of Fountain Hills Attention: Jeff Pierce Office: 480-816-5129 Jpierce@fh.az.gov Re: NIPA Quotation Contract #161534 2019 Broce CRT350 Broom BROCE RCT 4 CYL 3.3L Cummins Turbo Diesel Tier 4 Final WITH Blade 4 CYL 3.3L Cummins T4 Final 51,965.00$ Tilt steering 675.00$ Turbo II precleaner 275.00$ 150 gal. water system 1,250.00$ Cab with wiper 5,095.00$ heater/defroster system 665.00$ Pressurized air conditioner 3,400.00$ Light group 670.00$ Amber beacon 400.00$ West Coast mirrors 135.00$ Rear wiper 365.00$ Windshield washers - F/R 380.00$ 7 1/2 ft Front Scraper Blade Attachment 3,965.00$ Safety engine shutdown -$ Audible engine alarm 305.00$ Air stack extension -$ Suspension seat 355.00$ Heavy duty rear axle 1,375.00$ Hydraulic temp gauge 210.00$ Work light - side 195.00$ Work light - rear 195.00$ Block heater 190.00$ AM/FM/CD radio 565.00$ Broce List Price:72,630.00$ NIPA Contract #161534 Discount 9%6,536.70$ Broce Quoted Freight 1,800.00$ Net Total 67,893.30$ Sales Tax 8.05%5,465.41$ Total 73,358.71$ Warranty Standard Manufacturer’s Warranty 12 months *Includes delivery to Fountain Hills yard and extensive operator and safety training from one of our CAT certified instructors. If you have any questions regarding this information please let me know. Thank you for allowing Empire Machinery to assist with your Caterpillar equipment needs. Sincerely, Doug Calvet Account Manager 602-622-4917 Doug.Calvet@empire-cat.com 12/6/2018 Town of Fountain Hills Attention: Jeff Pierce Office: 480-816-5129 Jpierce@fh.az.gov Re: NIPA Quotation Contract #161534 2018 New Caterpillar 415F2IL 415F2 Industrial Loader – Cab with AC/Heater Standard Equipment POWERTRAIN Stop and tail lights Cat C3.4B, 55KW (Net 68HP/51kW) Audible system fault alarm - Direct Injection Turbo Charged Engine, Key start/stop system - US EPA Tier4 Final Emissions Compliant 880 CCA maintenance free battery Water separator Battery disconnect switch Thermal starting aid system External Power Receptacle (12v) A dry type axial seal air cleaner with Remote jump start connector - integral precleaner - automatic dust ejection system OPERATOR ENVIRONMENT - filter condition indicator Lighted gauge group Hydraulically boosted multi-plate wet Interior rearview mirror disk brake with Rear fenders - dual pedals & interlock ROPS canopy Differential lock Foot throttle Drive-line parking brake Mechanical suspension seat Torque converter Coat Strap Four Wheel Drive Transmission-four speed manual shift APPLICATION SPECIFIC COMPONENTS - neutral safety switch Bucket level indicator Spin-on filters for Lift cylinder brace - fuel Return-to-dig - engine oil (automatic bucket positioner) - transmission oil Self-leveling loader with single lever Outboard Planetary Rear Axles control Diesel Particulate Filter Transmission neutralizer switch Single Tilt Loader HYDRAULICS Load sensing, variable flow system with FLUIDS - 35 gpm axial piston pump Antifreeze - Extended Life Coolant 6 micron hydraulic filter -30C (-20F) O-ring face seal hydraulic fittings Caterpillar XT-3 hose OTHER STANDARD EQUIPMENT Hydraulic oil cooler Hydrostatic power steering Flow-Sharing Hydraulic Valves Standard Storage Box Hydraulic suction strainer Transport tie-down points Ground line fill fuel tank with ELECTRICAL - 44 gallon capacity 12 volt electrical start Rubber impact strips on radiator guards 150 ampere alternator Bumper Horn CD-ROM Parts Manual Backup alarm Safety Manual Hazard flashers/turn signals Operations and Maintenance Manual Halogen head lights (2) Lockable hood Halogen rear flood lights (2) Tire Valve Stem Protection Configured as Follows Ref # Description Price 4625265 415F2IL $83,940 0P9002 LANE 2 ORDER $0 4625273 HYDRAULICS, GP, 3FCN/5BNK $5,580 4470049 PRODUCT LINK, CELLULAR, PL641I $0 4625276 CAB, STANDARD, A/C $10,080 4916734 WORKLIGHTS (8) HALOGEN LAMPS $0 2061748 SEAT BELT, 3" SUSPENSION $107 4649639 TIRES,12.5 80/16.9-24, GY/TI $1,510 3379695 COUNTERWEIGHT, 530 LBS $875 4625281 HITCH 3 POINT $0 3377382 BUCKET-GP, 1.0 CYD $2,699 9R5321 CUTTING EDGE, TWO PIECE $331 4627172 INSTRUCTIONS ANSI $0 4218926 SERIALIZED TECHNICAL MEDIA KIT $0 4572797 BATTERY, HEAVY DUTY $223 4636939 COUNTERWEIGHT, 198 LBS $565 4619717 BOX, BLADE/SCARIFIER $6,042 4705247 KIT, DUAL TILT CYLINDER $2,028 0P0210 PACK, DOMESTIC TRUCK $0 4616839 SHIPPING/STORAGE PROTECTION $199 4621033 RUST PREVENTATIVE APPLICATOR $106 Warranty Standard Manufacturer’s Warranty 12 months / unlimited hours. Includes travel time and mileage for warrantable repairs. Pricing Summary Caterpillar List Price: $114,285.00 City of Tucson NIPA Contract #161534 Discount 22%: (25,142.70) Sub Total: $89,142.30 Sales Tax 8.05%: 7,175.96 Total: $96,318.26 *Includes delivery to Fountain Hills yard and extensive operator and safety training from one of our CAT certified instructors. If you have any questions regarding this information please let me know. Thank you for allowing Empire Machinery to assist with your Caterpillar equipment needs. Sincerely, Doug Calvet Account Manager 602-622-4917 Doug.Calvet@empire-cat.com ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/03/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature, including:  - HB2705 - HB2841 Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to provide direction, if any, to staff to communicate the Town's position on the bills.  Each Council meeting, the Legislative Bulletin will be attached to the Town Council agenda, which will include legislative analyses of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.   Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A  SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature. Attachments Legislative Bulletin - Issue 6  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 02/21/2020 07:46 AM Form Started By: Elizabeth A. Burke Started On: 02/20/2020 02:05 PM Final Approval Date: 02/21/2020  Issue 6 – February 21, 2020 Legislative Overview Today is the 40th day of the legislative session. Committees will be completing their business today before the deadline to hear bills in the chamber of origin. Next week is crossover week, which means the next several days will be busy with floor debate, amendments and final votes on bills before bills proceed to the opposite chamber. Vaping SB1400 S/E: electronic smoking devices; retail licensing, sponsored by Senator Tyler Pace (R-Mesa), was heard in the Senate Commerce Committee with a strike-everything amendment sponsored by Senator Michelle Ugenti-Rita (R-Scottsdale). The amendment would, among other provisions, establish a statewide tobacco retail license requirement, amend the Smoke-Free Act to add electronic cigarettes to the clean indoor air laws, and increase the sale age of tobacco and vaping products t o 21 to comply with federal law. However, the strike-everything amendment would preempt cities and towns from imposing certain zoning encroachment requirements on tobacco retail shops and tobacco-related advertising. The amendment would allow advertising and tobacco shops to locate 300 feet away from a school, a reduction in the current requirement some cities and towns impose. The current policy requires tobacco shops to be at least 1,320 feet away from a school, day care, or playground – the amendment would preempt this requirement and allow tobacco shops to locate closer to schools. It would also preempt cities from imposing restrictions on hours and days for tobacco sales or any regulations in conflict with the law. The League testified in opposition and the bill failed to pass with a vote of 4-4. Zoning Preemption On Tuesday the House Commerce Committee discussed HB2841 municipal zoning; housing overlay, sponsored by Anthony Kern (R-Glendale). The Home Builders Association of Central Arizona is proposing the bill as a solution to affordable housing in the state, but the bill would actually preempt local zoning, design and open space requirements for all but the most expensive residential developments – a major deregulation of single- family homebuilding in the state. The bill would require cities and towns to set aside 30% of vacant land zoned for single-family residential to be included in the overlay zone, opening an almost unlimited amount of land for a qualifying development. A “qualifying development” that’s treated as “affordable housing” under the bill is defined as having a sales price “not more than the federal housing administration loan limits for the jurisdiction in which the development is located as published by the United States Department of Housing and Urban Development.” The loan limit in all counties, except for Coconino County, is $331,760 for a single-family residence. In other words, so long as the development is selling homes for a dollar less than this threshold, it will qualify as “affordable.” The only local regulations that would apply to the “qualifying development” will be minimum building code requirements. A developer is also permitted to proceed with construction without a permit if the municipality misses the 120-day review deadline. The bill passed House Commerce with a vote of 5-2-2 and will proceed to the Rules Committee. Airport Fees HB2817 airport fees prohibited; ride sharing sponsored by Representative Travis Grantham (R-Gilbert) made its way to the House Regulatory Affairs committee this Monday. The bill prohibits local governments or authorities from charging pick-up and drop off fees to transportation network companies (TNC). The League testified in strong opposition to HB2817 indicating that local governments and authorities were well within their rights to charge fees for access to municipal property. Additionally, it was made clear to the committee that the 3 largest airports in the state run on enterprise funds – meaning no money can be transferred from the airports to the city general fund – and if adequate fees were not paid by TNCs, local governments would have two options: 1) increase taxes on the local residents to subsidize the cost of airport operations [something out-of- state visitors are paying a large share of the fees on today]; or 2) increase fees on all other commercial operations at their airports including restaurants, hotels, shops, airlines, etc. The bill passed out of committee on a strict party-line vote 4-3; however, members on the prevailing side indicated they had significant concerns with how, if passed, the bill would impact other commercial entities at airports. Gas Tax At the February 7, 2020 League Executive Committee Meeting League staff was given direction to support legislative efforts to address that lack of funding being provided to the Highway User Revenue Fund (HURF). The direction given by the Executive Committee was that staff should be supportive of efforts to increase that gas tax, a tax that was not indexed to inflation and has not been raised since 1991, so long as there were also measures to ensure that electric and alternative fuel vehicles were paying their fair share of contributions considering they are also highway users. On Wednesday HB 2899 fuel; electric cars; hybrids; taxes sponsored by Representative Noel Campbell (R-Prescott) was heard in the House Transportation committee. The measure increases the gas tax by six cents per year for three years capping out at 36 cents. From that point forward that gas tax is indexed to inflation with a sunset provision requiring the voters to reapprove the measure in 20 years. Additionally, the bill ensures electric vehicles and alternative fuel vehicles are paying a user fee for Arizona roads, something that has not historically been paid. Pursuant to the direction of the Executive Committee, the League testified in support of HB2899. The bill passed out of House Transportation on a 6- 0-3 vote and will continue to move through the process. This measure will need to receive 2/3 support from the legislature since it is a tax increase. Short-Term Rentals This Thursday both the House and Senate considered bills to address concerns on short-term rentals. In the Senate, the Commerce committee discussed SB1554 short-term rental enforcement; penalties Senator Kate Brophy McGee (R-Phoenix) which protects the “sharing economy” by allowing a person to operate their primary and one additional home as a short-term rental (STR) while limiting the proliferation of commercial STRs unless local governments decide to be more permissive. Additionally, the measure decouples STRs from long term rentals in statute and places additional responsibilities on the online lodging marketplaces. SB1554 passed out of the Commerce committee 5 -3, but testimony by legislators encouraged the League to work with STR platforms to find potential amendments to the bill. In addition to Senate Commerce, the House Government committee considered HB2875 regulation; short-term rentals, sponsored by Representative John Kavanagh (R-Fountain Hills). The measure takes into consideration reasonable occupancy limits and best practices in the short- term rental industry that legislators and stakeholders discussed during the Short-Term Rental Ad Hoc Committee this winter. The League is supportive of the measure but would like to see the bill amended to decouple STRs and long-term rentals as well as return local control for investor owned STRs. HB2875 passed committee 7-3-1 and is now pending approval from the House Rules committee. Brady List On Wednesday, the House Public Safety committee considered HB2114 law enforcement officers; database; rules. As introduced, the measure would have prohibited a law enforcement agency from using an officer's placement on the Brady list as the sole reason for taking or denying employment actions against the officer. A committee amendment was adopted to allow the law enforcement agency to use the underlying facts that were the basis for placement of the officer’s name in the Brady list for taking a disciplinary action against the officer. The League was opposed to the measure as introduced and is awaiting further feedback from municipalities on the amendment that was adopted. The measure passed committee 6-1. Unmarked Police Vehicles HB2830 traffic stops; police cars; uniforms, sponsored by Representative Travis Grantham (R-Gilbert) would require law enforcement agencies to use appropriately marked vehicles to demonstrate that they are official law enforcement vehicles, by displaying the agency’s logo on the vehicle’s right-side door. The bill stipulates that no more than 10% of the total number of law enforcement vehicles may be used as specially marked vehicles. Additionally, the bill requires officers making traffic stops and enforcing traffic laws to be dressed in an official law enforcement uniform with visible insignia. During committee, various law enforcement agencies spoke against the measure citing their use of unmarked vehicles for DUI enforcement. The League stands with law enforcement in opposing the measure. While the bill aims to address the serious issue of individuals impersonating police officers, a robust stakeholder process with local law enforcement’s involvement is needed to reach consensus. The bill passed committee 4 - 3, on a party-line vote. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.