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Home My WebLink About2003.0619.TCREM.PacketNOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor W.J. Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman Mike Archambault WHEN: THURSDAY, JUNE 19, 2003 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION Councilman John Kavanagh Vice Mayor Susan Ralphe WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council, the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Speakers' names will be announced by the Town Clerk. At that time, speakers should stand and approach the podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be repetitive. Individual speakers will have three minutes from the time they are recognized. If representing a specific group or more than three minutes are needed, contact the Town Clerk prior to the day of the Council meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. 1.) VOTE TO GO INTO EXECUTIVE SESSION: (i), PURSUANT TO A.R.S. § 38-431-03.A.4 for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, the Brown and Bain litigation); (ii), PURSUANT TO A.R.S. § 38-431-03.A.7, for discussions or consultations F:WGENDAS\REGULAR\2003\Regu1ar Session 6-19-03.doe Page 1 of 3 Last printed 6/18/2003 10:15 AM with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. (Specifically, the Town Hall lease). �4., 2.) RETURN TO THE REGULAR SESSION IR • CALL TO ORDER — Mayor Nichols • PLEDGE TO THE FLAG — Mayor Nichols • INVOCATION — Pastor Cory Bramlett, First Baptist Church • ROLL CALL — Mayor Nichols • RECOGNITION ITEMS — Mayor Nichols Presentation of the "Physical Activity Leadership Awards" on behalf of Governor Napolitano and the Governor's Council on Health, Physical Fitness, and Sports to: The Fountain Hills Walking Club, Kenny Krell, and John Todorich. EST. AGENDA ITEMS TIME Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non -controversial matters and will be enacted by one: motion and one roll call vote 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 at item on the consent agenda, they may request so prior to the motion to accept the consent agenda The item will be; removed from the Consent Agenda and considered in its normal sequence on the agenda *1.) CONSIDERATION of approving the meeting minutes of 6/4/03 and 6/5/03. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by James J. and James R. Rooney for the Silver Stein located at 17030 E. Enterprise Drive. The application is for a new Class 12 (restaurant) license for the new owners of the Silver Stein. *3.) Consideration of a TEMPORARY USE PERMIT to allow outdoor retail sales (aka Farmer's Market) on a portion of Lot 1 and Lot 2 of the Plaza Fountainside Final Plat to be held every Tuesday of the week beginning June 24, 2003, for one calendar year period, Case #TU2003-04. *4.) Consideration of FINAL PLAT approval 16524 Laser Drive aka Plat 412A Block 5, Lots 7 & 8 (a lot join project). Case Number S2003-06. 6:35 PM 5.) Consideration of awarding the REQUEST FOR PROPOSAL (RFP) for Avenue of the Fountains. 6:55 PM 6.) Consideration of an ALTERNATIVE HILLSIDE DEVELOPMENT AGREEMENT for Trevino Business Center, located at a nine building, 34,408 square foot professional office complex on an unplatted parcel of land located west of Saguaro Blvd., north of Trevino Dr., and east of Burkemo Dr. 7:15 PM 7.) Discussion with direction to staff regarding the initiation of amendments to the SIGN ORDINANCE. F: AGENDAS\REGULAR\2003\Regular Session 6-19-03.doc Page 2 of 3 Last printed 6/18/2003 10:15 AM ,%W 7:45 PM 8.) Consideration of approving an amendment to the annual RURAL METRO AGREEMENT for fire and emergency services. 8:00 PM 9.) Consideration of approving the annual MARICOPA COUNTY SHERIFF'S AGREEMENT for law enforcement services. 8:15 PM 10.) Consideration of RESOLUTION 2003-37 regarding the disposition of unnecessary law enforcement equipment. 8:30 PM 11.) Consideration of RESOLUTION 2003-27 adopting the 2003-04 Budget. 9:30 PM 12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 9:35 PM 13.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and 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 Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda 9:40 PM 14.) SUMMARY of Council requests reviewed by the Town Manager. 9:45 PM 15.) ADJOURNMENT. "r•• DATED this 13th of June, 2003 Bevelyn4 . Beyer, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. FAAGENDAS\REGULAR\2003\Regu1ar Session 6-19-03.doc Page 3 of 3 Last printed 6/18/2003 10:15 AM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 6/19/03 Contact Person: Bender Requesting Action:[] Tvue of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft minutes Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda WordineI Consideration of approving the meeting minutes of June 4 and June 5, 2003. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes from June 4 and June 5, 2003. Type(s) of Presentation: None Signatures of Submitting Staff: Department He4d--' Town Ntanageir Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type:. Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 6/19/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needine Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Anorooriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance RVENEVANEIRRO Consideration of the liquor license application submitted by James J. and James R. Rooney for The Silver Stein located at 17030 E. Enterprise Drive. The application is for a new Class 12 (restaurant) license for the new owners of The Silver Stein. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Staff memo, Tate memos, Martinez memos, application front page Type(s) of Presentation: Consent Signatures of Submitting Staff: partment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: June 4, 2003 FR: Tom Ward Director of -Public Works RE: Silver Stein Liquor License Application James J. Rooney and James R. Rooney are requesting Council approval of a new Class 12 liquor license for The Silver Stein located at 17030 E. Enterprise Drive. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicants are Arizona residents and have no outstanding wants or warrants. The applicants have applied for and received a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. M. Silver Stein Liquor License Application.doc Page I of I TOWN OF FOUNTAIN HILLS MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: 06/04/03 Betty Brannon, Executive Assistant FR: Ken Martinez, Interim Town RE: Liquor Application Update —Silver Marshal Stein I received a message from Maria Maldonado a Special Investigator with the State of Arizona Department of Liquor Licenses and Control today. Ms. Maldonado stated that James Rooney has come into compliance after a few changes. Maldonado stated that she would be approving the liquor license. Based on Marshal Todd Tate's background investigation and memorandum dated March 12, 2003 and a favorable recommendation from Ms. Maldonado I am recommending approval. Kmartinez;KL.M;C:\Documents and Settings\BBrannonU-ocal Settings\Temporary Internet Files\OLKE7\Liquor Approval Memo - Silver Stien.doc;Created on June 4, 2003 1:21 PM is TOWN OF FOUNTAIN HILLS MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, town Clerk DT: 04/08/03 FR: Ken Martinez, Interim Town Marshal !t ( il RE: Liquor Application Update —Silver Stein I spoke to Maria Maldonado a Special Investigator with the State of Arizona Department of Liquor Licenses and Control this morning. She told me that she has completed a site inspection of the Silver Stein. In her site inspection she had several areas of concern. She stated that the Liquor License, Restaurant #12 requires that 40% of its sales be food. She believes that the ratio is more in the area of 10%. She pointed out that the menu is more a bar type menu than a restaurant. When she looked at the available seating, she observed that the major was of bar stools and cocktail type tables and not the typical tables found in a restaurant. Inspector Maldonado said, "She did not sign off on the inspection." She also told me that she would be protesting the application until the owner makes some changes. Inspector Maldonado told me that she has communicated her concerns with the owner. Kmartinez;KLM;\\earth\KMartine\My DocumentALIQUOMSilver Stien.doc;Created on 4/8/2003 12:53 PM TOWN OF FOUNTAIN HILLS i'�• OFFICE OF TOWN MARSHAL INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: March 25, 2003 FR: Todd Tate, Interim. Town Marshal 7-w.-T RE: Liquor License Application — Silver Stein The purpose of this memorandum to provide new information regarding the liquor license application for the Silver Stein and request that approval of the license be pulled from the Council agenda for April 3rd On March 12`h of this year I completed a background investigation on applicant James Rooney. I had questions regarding his criminal record and contacted the Arizona Department of Liquor, Licenses and Control. I spoke with an investigator there about the record of applicant James Rooney and recommended approval of the liquor license application based on the information I obtained. Today, I was contacted by Maria Maldonado, Special Investigator with the Arizona Department of Liquor, Licenses and Control. She advised that she had been to the Silver Stein and spoken with Owner James Rooney. She reported that she does not believe that the business is devoting 40% of its sales to service of food, as is required of a class 12 license. She also reported that she has concerns over the past criminal record of applicant James Rooney. She told me that she will be contacting her supervisor who will follow up with an investigation of the business. I have contacted James Rooney, ownerpf the Silver Stein, and made him aware that the, liquor license application will be pulled from the Council agenda for April 3rd and that the Marshals Department will wait to hear from the investigator of the Arizona Department of Liquor, Licenses and Control before proceeding with a recommendation on approval of the liquor license. As a result of these findings, I am requesting that the liquor license application for the Silver Stein be pulled from the April 3rd Council meeting and held pending the outcome of an investigation by the Arizona Department of Liquor, Licenses and Control. TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MARSHAL INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: March 12, 2003 FR: Todd Tate, Interim Town Marshal %rw.T. RE: Liquor License Application — Silver Stein The purpose of this memorandum is to forward an endorsement of the attached liquor license application for the "Silver Stein" located at 17030 Enterprise Drive in Fountain Hills. It is my understanding that the application is scheduled for consideration at the Council session on April 3rd. BACKGROUND INVESTIGATION: This application is for a new Class 12 liquor license under the specification of ARS 4- 205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A review of the site plan indicated that well over that percentage is devoted to food preparation and service. Liquor sales would be incidental to the food service as intended by the class 12 license. A Class 12 license is exempt from normal restrictions relating to churches, schools and nearby liquor establishments. However, the local jurisdiction does have the ability to determine if there is a proliferation of liquor establishments in the vicinity. A review of license holders in the immediate area indicates there are five class 12s, two class 10s, and one class 6 within one-half mile. These licenses are consistent with the commercial zoning and do not represent a proliferation issue in this case. The applicant, James J. Rooney, is an Arizona resident under the provisions of ARS Title 28. I have verified that he has no outstanding wants or warrants. James R. Rooney who is listed as a co-owner and corporate partner is also an Arizona resident. There are no outstanding wants or warrants on either individual. Additionally, the owners have applied for and received a Fountain Hills business license (#6201) for the restaurant/pub. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, and that the owners have procured a Fountain Hills business license, I recommend approval by the Council at the April 3rd Council meeting. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congre Phoenix AZ 85007-2934 > Tucson AZ 85��IVED (602) 542-5141 (520) 628=6ph 10 2003 po'2 ni r FOUNTAIN HILL' APPLICATION FOR LIQUOR LICENSE TOWN CLHRK TYPE C4RVAVl P�qT$ BtAMINK Notice: Eilective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Alanagm actively involved in the day to day_ 2perations of the business -must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: INTERIM PERMIT Complete Section 5 .T.W.R.O.S. Complete Section 6 ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONL1') PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, I5, 16, 17 ontplete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) i IMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ CLUB Complete Section E ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10,,,. Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete .Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Ty .license and fees: LICENSE #: 1. Type of Lice �� '760/ 1 2. Total fees attached: $ APPLICATI i D INTERIM PERMIT FEES (IF APPLICABLE) ,4RE NOT .REFUNDABLE. I A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mr. 1. Applicant/Agent's Name: Ms. _ (Insert one name ONLY to appear on license) Corp. /Partnership/L.L.C.: J a b b (Exactly as it appears on Articles of Inc. or Articles of Business Name: _ Business Address: (Exactly as it appears on the 1-01 r of (Do not use PO Box Number) 5. Business Phone: D Is the business located within the incorporated limi=.r�'t above city 7. Mailing Address: i -1® 3Q E <-,e Enter the amount paid for a 06, 07, or 09 license: $ Accepted by: O Fees: lay - ld 00. d Application Interim Permit First 1 City COUNTY Zip Residence Phone: (`[pD) - lyl7(... f..'1. (Price of License ONLY) DEPARTMENT USE ONLY Date: .Agent Change Club Lic. # F. Prints TOTAL 1 AVI,t,)J, NU At'1'LII.A-I IUNJ -IAYJ' APVKU).1MA-1kLLI YU DAPS, AND UIRUUAISIANUI;E; OFTEN RESUL7r IN A LONGER V,'ArrING PERIOD. YOU ARE CALMONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL .4ITRON'AL AND ISSUANCE OF THE LICENSE. LtC 0100 urz000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. ZTION 5 Interim Permit: f you intend to operate business while your application is pending you)killneed an Interim Permit pursuant to A.R.S. 4-203.01. Fhere MUST be a valid license of the same type you are appJ ing for cu2rzi issued to the location. inter the license number currently at the location. 7 s the license currently in use?�Kf YES ❑ NO If no, how long has it been qa CFF--11se? �� t1 CACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. declare that I am the CURRENT LICENSEE of the stated license and (Print full e) tion . I ha read this application and the contents and all statements are true, correct and complete. r, IC �` County of State of ��: OFFICIAL SEAL CA' LE LYNN THOMACK nNQTARY PURI Ir.sTarc 9F AWetq MARICOPA COUNTY My Comm. Expires July 4, 2004 The foforegoing instrument was acimowledged before meKs— day of ► t� % �fJ �J py of Month Month Year (Sipature o NOTARY PUBLIC) -'TION 6 Individual or Partnership Owners: H PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT"' TYPE FINGERPRIIVT CARD, AND $24 FEE FOR EACH CARD. ndividual: First Middle Owned Residence Address City State artnership Name: (Only the first partner listed will appear on license) -al-Limited Iast First Minriia M n-,.,PA vo : ao o eaa.e.:. l ❑ l ❑ i ❑ Po any person, other than the above, going to share in the profits/losses of the business? 13 YES ❑ NO P1 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COIATLEI'ED FORh4 "L1C0101", AN "APPLICANT" T-ITE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Con lete question 1, 2, 4, 5, 6, 7 and attach co of Articles of Org. and Operation AD eement. Name of Corporation/L.L.C.:C�i r L .(E actly as 't appears on Articles of Inc.n�por Articles of Org.) n Date Incorporated/ Organized: �6� State wher�'IYtCoal0 }ti�`Zy-�� AZ Corporation Commission File No.: J AZ L.L.C. File No:. cLc J r Date authorized to do business in AZ: Date authorized to do business in AZ: , 'off b 5. Is Corp./L.L.C. non-profit? ❑ Y NO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: —A. _A _ u� awwc ncsiuence ^uuress Gty State Zip (�1C)cl ri ,. �Sfi Wi% Z S � SaS (A1 ACH ADDH ZONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Last First Middle % Owned Rn6(ienrr Arid—t r:., C...... v:.. FX --r o,o moo N tkss"� % /O 3. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: ACH PERSON LISTED MUST SUBMIT A CONEPLETED FORM "L1C010111, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD Name of Club: Date Chartered: (Exactly as it appears on Club Charter) Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: 1,0 r;. Middle Residence Address (ATTACH .ADDITIONAL SHEET IF NECESSARY) (Attach a copy of Club Charter) City 4 -"TION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: Current Licensee's Name: :tly as it appears on license) Last First Middle Assignee's Name: Last Q First Middle License Type: License Number* �: Date of Last Renewal: ATTACH TO THIS APPLICATION A CER 15E O,PY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DIST11WTIJZ VIE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. -'TION 10 Government: (for cities, towns,. or counties only) 'erson to administer this license: Last First Middle assignee's Name: Last First Middle SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. ZTION 11 Person to Person Transfer: stions to be completed by CURREIN'T LICENSEE (Bats and Liquor Stores ONLY). 'urrent Licensee's Name: :tly as it appears on license) Iorporation/L.L.C. Name: I=ent Business Name: urrent Business Address Last First (Exactly as it appears on license) (Exactly as it appears on license) ,icense Type: License Number: urrent Mailing Address (other than business): Entity: Middle . (Indiv., Agent, etc.) Last Renewal Date: lave all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO )oes the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, ad current license to this application. hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements lade in this section are true, correct and complete. declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) cation and the contents and all statements are true, correct and complete. (Signature of CURRENT LICENSEE) :onlmisslon exDlres on: k-A State of County of I J The foregoing instrument was aclmowledged before me this day of Day of Month Month Year (Sipature of NOTARY PUBLIC) n 3 SECTIONocation to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERA ER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. nt Business Name and Address: y as it appears on license) New Business Name and Address: (Do not use PO Boa Number) License Type What date do you p;wf—to move? SECTION 13 Questions for all in -state applicants: Distance to nearest school: Oft ft. (Regardless of distance) Distance to nearest church C%=�C> ft. (Regardless of distance) ° Last Renewal 'What date do you plan to open? Name/Address of school: Name/Address of church l the:. LESSEE ❑ SUBLESSEE ❑ OWNER If the premises is leased give lessors name and address: l 73 � %t%+1 e fiv-Mrr- if t /F 7 .6s ❑ PURCHASER (of premises)— b� Monthly rental/lease rate $ ppc) What. is the remaining length of the lease? l �yrS. mos. What is the penalty if the lease is not fulfilled? $ ocxO or other (give details - attach additional sheet if necessary) What is the total business indebtedness of the applicant for this license/location excluding lease? $ i'O . °pC� Does any one creditor represent more than 10% of that sum? YES ❑ NO If yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address Ciry State Zin (ATTACH ADDITIONAL SHEET IF NECESSARY) What type of business will this license be used for? (BE SPECIFIC) �- Has a lic or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES NO If yes, attacb explanation. any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YES NO Is the premises currently licensed with a liquor license?4'ES ❑ NO If yes, give license number and licensee's name: License r `�k_,D77M ( � (Exactly as it appears on license) Name i-;r r 5 CTION 14 Restaurant, or Hotel -Motel Applicants: .s there a valid restaurant or hotel -motel liquor license at the proposed location?_�'YES ❑ NO If yes, give licensee's name: `r i\rN �a OSQV�b.0 �-ti L and license #f : ® %d or i Last First Middle O `^ f the answer to Question 1 is YES, you may *qualify for an' Permit to dperate while your application is pending; consult k.R.S. Section 4-203.01; and complete Section 5 of this applica�ti r B U restaurant applicants must com lete' a Restaurant Operation Plan (F� }�W4��rovided by the Department of Liquor. )o you understand that 40% of your annual gross revenue must be from food sales?? YES ❑ NO CTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) heck ALL boxes that apply to your licensed premises: �ntrances/Exits 4- Liquor storage areas ��]] Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2estaurants and Hotel/b4otel applicants must explicitly depict kitchen equipment and dining facilities. ."he diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Jive the square footage or outside dimensions of the licensed premises. �O NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. 19 o a.- c> C2 o v o d5 CD F E:D tf s W" J NTUST NOTIFY THE DEPARTN,[ENT OF LIQUOR OF ANY CHANGES OF BOL>NTDARIES, ,R _NCES, EATS, OR SERVICE �� INDO`' 7S MADE AFTER SUBI\USSION OF THIS DIAGRAM. SAMPLE ! GEOGRAPHICAL DATA trea adjacent to the map pr _'ded below indicates your proposed location 3 t e exact names of all churche,hools, and alcoholic beverage outlets- :hin a 1/2 mile radius of :proposed location. �e .example below) 27;A Applicant Series 12' Pink Elephants Series 06 Mama's Rest. Series 12 Corner Liquors Series 09 Joe's Groceries Series 10- Lions Club fel ,, Series 14 Burgers R Us Series 07 Pizza Perfect Series 07 Billy Bobs Bar Series 06 S Anthonys Church St. Anthonys School Burbank Middle School Mi. First United Baptist Church Z.S. Section 4-207.A reads as follows: '_� M i . ;-� Mi . N i No retailers license shall be issued for any premises which ar.e.. at. the time license application is received by .the Director, within thre'e_,h,. ndred(300) -izontal feet of a church, within three hundred (300) 'horizontal -(eta; of a )lic or private school building with kindergarten programs!.or zany of ides one(1.) through twelve (12). or within three'hundred (3'OQ)`'".horizontal �t of a fenced recreational area adjacent to such school building. SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 'L4st below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 2. _LLD �Qck tlJ s kJlcV OuNT 4. �22,4 � 1003° FEB 21 P �` 2,54 6. 7.Pra'lky ovfa �� a � $ y3 � 9. v2 Pets (IC4 Uv, d kr1e� 10. ' z 1s. (ATTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: I, �✓ ��S l%0/i%E declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANT/AGENT listed in Secti n 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owner , p ers, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. State of �� County ofM�iti,�-' X The foregoing instrument was aclmowledged before me this t 'lure OFFICIAL SEAL . day of��( CAROLE LYNN THOMACK Day of Month Mo year I NOTARY PUBLIC -STATE OF ARIZONA V� My commissi e ` MARICOPA COUNTYMy ✓ ` �1%- �C M. Expires July 4, 2004 (Sipamre of NOTARY PUBLIC) 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 OILC (520) 628-6595 � . HOTEL -MOTEL AM URANT LICENSES RECORDS REQUIRED OR ( FRkS* 1 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors D. 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-1 9) UZ, C. Employee'dme , ctual ment used to sign in and out each work day) 4B 2 7 D. Payroll records for all employA)s owing hours worked each week and hourly -wages CshSy The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): First have read and fully understand all aspects of this statement. My commission Expires Middle County of going instrument was acknowledged before me this day ofo70O- Day of Month Month Year OFFICIAL SEAL SHERRY KINCAID 10' 06PA jN1Y tY Comm. ETIres Feb,14, 2008 of ARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS [^ AVRI'LONA DEPART(vIENT OF LIQUOR LICENSES & CONTROL / 800 W Washington Sdt Fluor �� - 400 W Congress #150 Tucson AZ 85701-1352 Phoenix AZ 55007 �yj4 - (602) 542-5141 rl l i r as T, i i w r (520) 628-6595 ' hlUCJ I IVIVIVHIKC ttention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or a p: view. xearl l_aretulLy , t is instrument is a sworn document. "Type gr print with black ink An extensive inye�til* tion o ypur ba'k rot nd, � ill be conducted. False or t complete answers, could result in crimui prosecution an id tftlep tit,subpu t vocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER. STOCKHOLDER (10% OR MO ), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE. LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTb NT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. d There is a $24.00 processin-, fee for each fingerprint card submitted Liquor License # Aservice fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check Owner [—]Partner []Stockholder ❑Member ❑Otlicer ❑ Agent ❑ Manager(Only) appropriate Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box —)I.- Licensee or Agent must cco-'m lete # 25 for a Mana7,er Licensee or A ent must complete # 25 2. Name: �' 7%�/,� j� C/� G J� �� Date of Birth - Last T First Middle (Phis Will Nut , l6t * 3 . Social Security N 4 . Place of Birth: L. icy Mate License #:_ State: i Height: Weight: EyesLg�*/ Hair:,FlOiYea!- county) 5. Marital Status ❑ Single ❑ Married Divorced i Residence (Home) Phone: ) �- . Name of Current or Most Recent Spouse: all for last 5 years - Use additional sheet if necessary) Laftt irst Date of Birth:(14�nst Middle Maiden 7. You are a bona fide resident of what state? �� , If Arizona, date of residency:' 8 Telephone number to contact you during business hours for any questions regarding this document.G/- If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: s J�!/F.0 /!✓ , Premises Phone: 11. Licensed Premises Address: f %Q��Q �� ',� ��/S ,� - px, Street Address (Do not use PO Box #) City County Zip 12. List your.employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSIi`IESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT �7 // i ST ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phoW number of landlord City State zip O CURRENT r. 11. ..1 1V1rW1 insaoiea inaivinuais requuwg special accommodations piease call -`lull If' you checked the Manager box on the front of this form ski to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer,. will. you be.physically present and operating YES []NO the licensed premises ? If you answered YES, how many his/day?/c;? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES K NO if the answer to # 14a is "NO", course must he completed before issuance of a new license or approval on an existing license 15. Have you EVER been detained, cited, arrested, indicted or summoned court for violation of ANY law or •❑ YES giM ordinance (regardless of the disposition even if dismissed or 2Knunged)9 tf Afric violations, include only those that were alcohol and/or dru- related. ``SOY FF� — 16. Have you EVER been convicted, �2e ned osted bond been ordered to A� b 'l imprisoned, had sentence ❑ YES NO. suspended, placed on probation or parole for violation of ANY law or 6rdina&eFr4gardless of the disposition / even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dni! related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES *NO summonses PENDING against you or ANY entity E which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES �NO had a business, professional or liquor APPLICATION OR LICE[VSE reiected, denied, revoked suspended or ned in this or any other state? 19. Has anyon d suit or obtained a 'ud�ment against you in a civil action, the subject of which ❑ YES NO e resentation of a business Professional or liquor license? 2.0. Ar or have you EVER held ownership, been a controUiag neggJ111111�ctor, �,/ or manager on any other li t�or license in this or any other state. ❑ YES I(NO If any answer to Questions 15 through 20 is "YES" YOU-17UST attach asi,unea rement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21 Manager Section Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes",. attach a copy of such agreement 24. I, (Print full name of Applicant) I have reX6_4 questionnaire and Ae contents 9-1 My commission % , hereby declare that I am the APPLICANT filing, this questionnaire. are true, correct and complete. CAROLE LYNN TH6fAACK NOTARY PUBLIC -STATE OF ARIZONA MARICOPA COUNTY. 4, 2004 State of — : County of The foregoing instrument was acknowledged before me this day of ADO Day o Mooch 7t j Year (Signaturbq NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, _ Print Licensee/Agent's Nai Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this W1 (Signature of LICENSEE/AGF147 My commission expires on: Day of Month Month Year day of Day of Mooch Month (Signature of NOTARY PUBLIC) Yca 7 ARIZONA DEPAXrryLEcNT OF LIQUOIZ LICENSES & CON'rROL 800 W Washingtun 51h Fluor `' 400 W Congress #t50 Phoenix AZ `�5007 ?934 `�L Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 623-6595 r(ttention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of bacchecks only but must be blocked to be unreadable prior to posting or public view. Read Carefully , this instrument is a sworn document. Type gr print with black ink An extensive inye5tiytion o ypur1jipe� lq;� t c�tl r�i1;-Iqe SLonxjucted. False or tpcotpplete answers coul result in cruruna prosecution gg��tla1 t1 r�ii�t dr�SuQse{ nt revocation o a license or permi /,� C��/ TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR iIV1ANA ER. AL60 14%0SON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRL`lTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTN NT OF LIQUOR. THE DEPARTNIENT DOES NOT PROVIDE THIS SERVICE. D 5.55 There is a $24.00 processing, fee for each ting,erprint card submitted. Liquor License >�t / A service fee of $25.00 will be charged fur al dishonored checks (A.R.S. 4-4.6852) ( If the location is currently licensed) 1. Check Owner ❑Partner ❑Stockholder ❑Member ❑Otlicer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—)0- Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 7, 2. Name: /V " � o/ /IZ:` l/VI, l� Date of NIMNec!ds] Last First Middle (Thi5W11U ONE 3 . Social Security N Drivers License #: Po 7 02�O State: //IAWMM_. o c Reco t 4 . Place of Birth: �� U Height: SLR Weight: Eyes.�air:x��, 0enr ty State O11I1tI y Oi COUIlty) 5. Marital Stagle Pg-N+ Tied ❑ Divorced ed Residence (Home) Phone: ( ) � -��L Name of Cuost Recent Spouse: Date of Birth: (rist all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? If Arizona, date of residency:' �� }? 8 Telephone number to contact you during business hours for any questions regarding this document. (//nb )226, - 2 20 9. If you have been a resident less than three (3) i months, rl�Z/ a copy of driver's lcense or voter registration card, 10. Name of Licensed Premises:/ � /)C) 1/ Premises Phone: ,(c/ �) �`� - 077� 11. Licensed Premises Address: v 1� ,�)Y Z Z /�,51- /iJ), Street Address (Do not use PO Box #) ' City C,py�Pj ,'� _ :i Zip 12. List your.employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION O U SS ENIPLOYER'S NANIE OR NAME OF BUSINESS (Give street address, city, state & zip) D-0 9 CURRENT — I L/ 0 /tJ ix //- -%3 Z �0 —D/ 5�, - 2 z - Ql LVOl�t �I QP 1 SHEET• IF NECESSARY FOR EITHER SECTION Q d,� l�if.J/E_ pM A 13. Indicate your residence address for the last fide (5) years: FRONT Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State Zip �-1-© CURRENT ` frj0 'L ZZ DOE L /,-//L) L1(, U11J1 101-2001 Disabled individuals requiring special accommodations please call (6,02) 542-9027 u checked the ttiia box on the front of this form skip to # 15 As an Owner, Agent, Partner, Stockholder, Nlember or Officer, will you be physically present and operating YES ❑NO the licensed premises ? If you answered YES, how many hrs/day?L,2__1 answer #14a below. if NO, skip to #15. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES �X'NO If the answer to # 14a is "NO", course must he completed before issuance of a new license or approval on an existing licens,, 15. Have you EVER been detained c, ed arrested, indicted or sununoned into court for violation of ANY law or Xi YES ❑ l7M ordinance (regardless of the disp `.`oti n if dismissed or expunged)? For traffic violations, include only those that were alcoho nd/or drug refhied. luttj 16. Have you EVER been con v��8d,2 the osted bond been ordered to deposit bail imprisoned, had sentence .,, 'YES ❑ NO. suspended, placed on probation or parole erO#ation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dru,; related. ,17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES VNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES ANO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or ned in this or any other state? 19. Has suit or obtained a jmd,ment a.Qainst you in a civil action, the subject of which ❑ YES O(NO 6sentation of a business. orofessional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling per hector, or manager on any other li uor license in this or any other state? ❑ YES XNO If any answer to Questions IS through 20 is "YES" YOU MUST attach a sinned statement giving complete details. Please be sure to include dates, ahencies involved and dispositions. If you checked the Manager box on the front of this form, till in #21-23 and 24, all others skip the following box (21-23) and go to # 24 1Vlana,,er Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES 0 If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑YES WNO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to .the operation or management of this business? ❑ YESENO If "yes"„ attach a copy of such agreement 24..1, %� /L /�DG�( �t�/� hereby declare that I am the APPLICANT filing this questionnaire. (Print full dame of AppGca, ) I have read this questionnaire and, the contents and all statements are true, correct and complete. ✓ State of & County of The foregoing instrument was acknowledged before m this / ( pp O ICIAL SEAL CARbt LYNN THOMACK day of fJl =l NOTARY PUBLIC -STATE OF ARIZONA Day of Month mouth Year M commission* expires on: `' . , . ?` MARICOPA COUNTY Y P Tres July 4, 2004. (Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, .(Print Licensee/Agent's Name) - Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this x (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year day of Day of Month Month (Signature of NOTARY PUBLIC) year pLLC 100� FEB .� Z f -5gZ45ojk 12�Ol I�`/ 7.7873�4w ARIZONA DEPAR, RENT OF LIQUOR LICENSE, CONTROL 800 W Washington Sth Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson. AZ 85701-1352 (602) 542-5141 (520) 628-6595 f SITE# ....... I.............03-074 LICENSEE ............ ........... JAMES JOHN ROONEY BUSINESS NAME ..........:............SILVER STEIN BUSINESS ADDRESS ... i...... ...... 17030 EAST ENTERPRISE DRIVE, FOUNTAIN HILLS 85268 LICENSE#..................................12070015 DATE ASSIGNED ......... i............ 02/28/03 ASSIGNED TO: ...........MARY MALDONADO #57 NEAREST SCHOOL OR 300' ❑ YES ❑ NO DISTANCE NEAREST CHURCH - IIER 300' ❑ YES _2-NO DISTANCE LICENSE EXEMPT FROM 300' RULE ❑-YSS ❑ NO BUILDING SUITABLE ©1YES D NO� DRIVE - UP WINDOW D YES 6 UNDER CONSTRUCTION ❑ YES [� OPATIO ❑ YE VACANT LOT ❑ YES D-K-) DIAGRAM SUBMITTED ES ❑ NO POOL TABLES^ DANCE FLOOR �! VIDEO GAMES �- BAR SIGNAGE FV'S NO, OF C60KS JUKE BOX O % OF FLOOR SPACE FOR RESTAURANT COMMENTS KITCHEN FACILITIES S61TABLE © ES D NO INDUSTRIAL OVEN 2-YES,17 NO INDUSTRIAL GRILL i 2-?ES D NO INDUSTRIAL SINK ES NO DISHWASHING FACILIII FOOD PREPARATION �OUNTER ❑ Y ❑ ES ❑ NO NO REFRIGERATOR FREEZER NO >� EffS7 NO ADEQUATE MENU D ❑ NO DINING TABLES D YES D NO EATING UTENSILS YES D NO SEPARATE BAR YES 0 D � LIVE ENTERTAINMENT ❑ YES ❑ NO OPEN TO PUBLIC ❑ NO HOURS OF OPERATION COMMENTS: DEPT. PROTEST ❑ YES O 4�INVESTIGA DATE I NV 1000 11 /98 /C ARXZON, A DEPAR'ri4E+ NT OF LIQUOR LICENSES a CONTROL 804 W WashingCon Sth Floor 400 W Congress #150 Phoenix AZ 8i5007-2934 Tucson Az 85701-1352 (602)5425141 (520)628-6595 NOTICE OF INSPECTION RIGHTS This inspection is conducted under the authority of Arizona Revised Statutes (A.R.S.) §4-118. The purpose of thisl inspection is to determine compliance with A.R.S. § 4-101 et seq., and Arizona Administrative Code (A.A.C.) R19-1-101 et seq. You have the right �o request copies of any original documents taken during this inspection and to be provided witl� a split of any samples taken along with the results of any analysis performed on those samples. An authorized representative of this facility may accompany the inspector(s) during the inspection conduct�d on these premises, except during any confidential interview. Any statements made dt ring this inspection may be included in the inspection report. Each person whose conversationb is tape recorded during the inspection will be informed that the conversation is being tape-recorded. `You have the rightto appeal a final decision of the Department of Liquor Licenses and Control if any administrative order is issued or other enforcement action is taken based on the results of this inspection. Administrative hearing rights are found in A.R.S. § 41-1092 et seq., and rights relating to appeal o a final agency decision are found in A.R.S. § 12-901 et seq. If you have questiops regarding this inspection or your right to appeal an enforcement action taken by the agency based on the results of this inspection, you may contact the Chief Investigator at (60�) 542-9051 or the Ombudsman at (602) 255-1932. i Upon entry onto the premises for this inspection, the Department of Liquor Licenses and Control investigatofr/auditor identified on the front page presented photo identification indicating that they are Department of Liquor Licenses and Control employees and reviewed with me the above Notice of Inspection Rights. I have read the disclosures above and am notified of my inspection and due process rights as listed above. I understand that while I have the right to decline!to sign this form, the Department of Liquor Licenses and Control representatives maT nevertheless proceed with the inspection/examination. Signature �7ate ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth Floor 400 W Congress #150 Phoenix AZ 85007-2934 . Tucson AZ 85701-1352 (602) 542-5141, LLC (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE # �d 0 -700/ List by Make_ Mnr1P1 and CAnnr;txr of xrr — • /l Grill Oven Freezer Refrigerator I Sink Dish Washing Facilities Food Preparation Counter (Dimensions) Other 2. Print the name of your restaurant: 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises b. Bar area of your premises [ + p 0 C. Total area of your premises [ f U�D 5. What type of dinnerware and utensils are utilized within your restaurant? ❑ Reusable ❑ Disposable 0 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). 1--r Yes % ❑ No What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) % *Disabled individuals requiring special accommodations, please call the Department. Lic0114 05/1999 10. Does your restaurant Contain any games or television? *Yes ❑ No (If yes, what types and how many? Pool tables, Video Games. Darts. etc.) Do you have live entertainment or dancing? ❑Yes KNo (If yes, what type and how often?) Use d�below or attach a list of employee po41tions their duties to fully staff your business. r C/Tz./-/0v,-) 1d1117 I, -; �= (Print full name) hereby declare that I am the APPLICANT filing this application. I have read th ' plication and the ntents and tements true, correct and complete. State of County of��' X The foregoing instrument was acknowledged before me this (Signatur ADP C ) My commissi 81--MY OFFICIAL SEAL }Nrlary Public - St3b of Arizona iMRICOPA COUNTY Comm. ExPires Feb.14, 2006 2 day of A� Day of M Mcnth Year j(' ature of NO Y PUBLIC) Fountain Hills, AZ 480-837-9934 House Specialty .... $5.95 Famous Stein Burger — 1/2Pounder with Fries ........................ WithCheese ........................................ 6.50 Sandwiches 3.00 Grilled Cheese ...................................................................................... 4.75 Fish Sandwich ................................................................................. 4.50 Hamburger ..................................................................... ............... 5.00 Cheeseburger ........................................................................... ........ 5.50 Spanish Burger ................................................................................ 4.50 Hain............................................................................................. 5.00 Ham & Cheese ............................................................................... 5.00 RoastBeef ................................................................................ 7.45 Clubwith Fries ............................................................................... 5.95 CordonBleu ................................................................................... 6.50 teak........................................................................................... Steak......................................................................... 6.25 ChiliSize ...................................................................................... 5.25 PattyMelt ..................................................................................... 6.00 Ruben.......................................................... ............................... 4.75 Turkey......................................................................................... 55.755 ChickenBreast............................................................................... .... .9 ...................................................................................... I Extras Bacon............................... $1.95 Grilled Onions ......................1.00 Green Chilies .......................1.50 Side of dressing ..................... 1.00 Chili................................. 3.00 W/cheese ................... 3.75 Basket of Fries ......................3.00 Onion Rings ........................3.50 Mushrooms ......................... 3.50 Zucchini ............................. 3.50 Combo Basket....... .....8.00 Side Orders Grilled Bread ................. .75 Fries w/sandwich .............1.75 Cheese ......................... .75 Dinner Salad........... Soup De Jour Soup De Jour —Cup Potato Salad......... Macaroni Salad....... 1 Dozen Wings....... 5 The Silver Stein Lounge k Fountain Hills, AZ 480-837-9934 Dinners TopSirloinSteak............................................................................ .$13 95 Fish Fry on Friday Night Only............................................................... 8.95 HamburgerSteak............................................................................... . 9 95 Shrimp............................................ .............................................. 10.50 SteakSandwich................................................................................. 8.25 Chicken..........................................................................................7.95 All dinners include choice of Baked Potato or Fries, and Soup or Salad Salads Chef............................................................................................ . 7 0 MiniChef.....................................................................................6.00 (Choice of Dressing) French, Ranch, Thousand Island, Italian, or Blue Cheese Drinks Coke, Diet Coke, Sprite...................................................................... 1.25 IcedTea, Hot Tea............................................................................. . 12 Milk............................................................................................ . 12 Coffee.......................................................................................... . 12 Orange Juice or Grapefruit Juice..........................................................1.50 ***Breakfast is served Monday through Saturday, 9-11 a.m.*** All To Go Orders are .25 extra per item Cocktails, Wine, and Cold Beer Available On parties of 6 or more, a 20% Gratuity will be added to it M Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Meeting Date: 6/19/03 Contact Person: Dana Burkhardt, Senior Planner Consent:® Regular:❑ Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas' ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of a TEMPORARY USE PERMIT to allow outdoor retail sales (aka Farmer's Market) on a portion of Lot 1 and Lot 2 of the Plaza Fountainside Final Plat to be held every Tuesday of the week beginning June 24, 2003 for a one calendar year period. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for approval of a Temporary Use Permit to allow outdoor retail sales to be located at 12645 N. Saguaro Blvd. The applicantS, Tom Young and Loras Kotz, are proposing an open-air market to be held every Tuesday beginning June 10, 2003 for a period of fifty (50) events, expiring on June 10, 2005. Please see the attached site plan and staff report for further details. List All Attachments as Follows: Staff Memorandum Type(s) of Presentation: NA Signatures of Submitting Staff: D partme t dead 61 W'") -c03 Town Amager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: June 11, 2003 FR: Dana Burkhardt; Senior Planner RE: Temporary TU2003-04; Farmers Market Use Permit At the June 5, 2003 Town Council meeting the Council discussed this temporary use request. Due to a procedural gap in the motion to approve this agenda item, Staff has placed this item on the consent agenda for the June 19, 2003 Town Council meeting with the stipulations as amended at the June 5, 2003 Town Council meeting. Staff recommends the Town Council approve this temporary use request with the following stipulations: 1) This temporary use permit shall expire one year from the date of Town Council approval (June 19, 2004). 2) The applicant shall provide designated pedestrian access by the use of roping, signage, and barricades or similar methods, to be approved by Town staff, prior to public access. 3) All signage shall be approved by separate permit. 4) The open-air market shall be open to the public between the hours of 9 A.M. and 5 P.M., each Tuesday. All items and equipment for the open-air market must be removed from the site at the end of each business day. 5) In the event that vertical structures, such as canopies or membrane type structures are requested, administrative approval is required. All temporary structures must conform to the minimum required building setbacks of the "TCC" Zoning District. 6) Obtain all necessary approvals and permits from Maricopa County Health Department prior to operation. 7) This temporary use permit is non -transferable and shall become null and void with the issuance of a building permit for a permanent structure for the same location. 8) Each vendor shall be required to obtain a business license pursuant to §8-1-10 of the Town Code (retail merchants... with a fixed place of business within the town limits...). At time of business license application, each vendor shall submit to the Town, written consent from the property owner to locate on the site. 9) The applicant shall provide a list of all vendors' State of Arizona Sales Tax Identification number and lease space number to the Town Accountant, or his/her designee, on a monthly basis. 10) The applicant shall notify the Town in writing if the event is not going to be held, at least three days prior to the date of the event. If the Town is not informed and the event is not performed, that day will be counted against the 50 events per calendar year. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:® Regular:❑ Meeting Date: 06/19/03 Contact Person: Denise Ruhling, Planner Requesting Action:® TVpe of Document Needine Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of FINAL PLAT approval 16524 Laser Drive aka Plat 412A Block 5, Lots 7 & 8 (a lot join project). Case Number S2003-06. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of a Replat of Final Plat 412-A, Block 5, Lots 7 & 8, which is a lot join project and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. List All Attachments as Follows: Staff Report; Application, Site Plan (2). Type(s) of Presentation: Oral SilInatures of Submitting Staff: � C departmeAt Head Town anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Honorable Mayor and Town Council DT: June 10, 2003 FR: Denise Ruhling, Planne RE: Case # S2003-06; Replat of Lots 7 & 8, Final Plat 412-A. LOCATION: 16524 Laser Drive, aka Final Plat 412-A, Block 5, Lots 7 & 8. REQUEST: Consider the replat of Lots 7 & 8, Block 5, Final Plat 412-A, a lot join project. PROJECT MANAGER: Denise Ruhling, Planner DESCRIPTION: OWNER: Tom Bureson APPLICANT: Tom Bureson EXISTING ZONING: "IND-1" EXISTING CONDITION: Developed and occupied LOT SIZE: Lot 7 — 1.181 acres & Lot 8 — 1.102 acres SURROUNDING LAND USES AND ZONING: NORTH: Firerock Golf Course and Hillside Protection Area; zoned "OSR" SOUTH: Laser Drive Industrial Condos; zoned "IND-2" EAST: Industrial Building; zoned "IND-2" WEST: Industrial Building; zoned "IND-2" SUMMARY: This request is for approval of a Replat of Final Plat 412-A, Block 5, Lots 7 & 8, which is a lot join project and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The site has one existing building, constructed prior to current ordinances, which is built across the common lot line. It is the desire of the applicant to construct additional buildings on this lot. It is a requirement of the proposed development that these lots be joined thus eliminating the non -conforming status of the existing building. The joining of these lots is in conformance with our Zoning Ordinance and Subdivision Ordinance. RECOMMENDATION: Staff recommends approval of S2003-06; Final Plat 412-A, Lots 7 & 8. oo��r The Town of Fountain Hills PBA 1'02 o " 9 COMMUNITY DEVELOPMENT DEPARTMENT Case Manager: Only $ 60 Fountain Hills, Arizona mat is Area Specific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: �7 0, /v PR03ECT NAME c� k OTS 7 s v J GF'�i�'Ti rz 5%C�i�jL�i L ,!�2j Mrs. Applicant: a ��SoJ 1c0�- 6y-39/ � r Day Phone 3 � /%io5 �� Ms. Address: - ��y��"� _ i �i y City: � � L S State: /,� Z Zip; .Sad Mrs. Owner: Mr. Day Phone r Ms. Address: City: State: Zip: If appl/cat/on is being submitted by someone other than the owner of the pro Hoibe completed. perty under consideration, the section be/ow st SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of 20 Notary Public My Commission Expires 3`C: - ?e c,r'1c,1 =ZLING DATE: FEE PAID: ` ACCEPTED BY: t (See Fee Schedule) Application Page 2 of 7 _ Case Number PBA V02 The Town of Fountain Hills LEGAL DESCRIPTION Plat Name Block Lot PROPERTY ADDRESS 16s a y 4,g s PARCEL SIZE (Acres)- ASSESSOR PARCEL NUMBER / 7�, - 2 51 NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: � 0 PROPOSED ZONING r Application Page 3 of 7 Case ' Number F �Dvnq,uu�.11�.rc Ir r. r 4F iC u for �i e" yy sse so9cs:=} so;=zeg • . �36�o33s e _ :x ap r 'R ag a 4 f L�FaWH M LL a■ g m�maa�R $ M88gy fit P a�_� m_cx lb 4_� y jr-2- tr� g=�a ��g rF<Aq P. Q ALLEY - __. __ I "• ✓?! 280.22•(R) 5r 1 N 0291' _ R R m« I N 04'41'S8' E RAp. 280.22' (N) i ✓'�N 03M' I 1 20' C RAp 2 r O M •Ig ila 1 z/z &1L $l"$ 1 I z MOO 4 i R.O. WN, SIA �y ( �m I 1 N 0630 4I• E I_ C g fS C � 7 Q (N) �'� — — (R)SI8 i '4 4 � 4 .... • A tO w J q $ BURESON PROPERTIES W,MKII! ]001 BT ,MTCO,C111 C1gNCC.wE A •/.,MZYCFT, LLG MONTGOMERY i PLAT 412A, BLOCK 5, LOTS 7 & $ DRN 5-3t-2002 t1 ENOMEERMO 8 MANAGEMENT, 4LC. 16716 E. PARRNEN' AVE. SUITE 20t AS NOTED 16524 LASER DRIVE A REPLAT JOINING LOTS 7 h 8 fOUN TAN HILLS. ARIZONA 85268 (480) 837-1845 fo. (480) 837-8668 e-mod: Cmonlgomeryl*gwest.net Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning Consent:❑ Regular:® Meeting Date: 06/ 19/03 Contact Person: Denise Ruhling, Planner Requesting Action:® Tvne of Document Needing Approval (Check all thata ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Award of Bid Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda `Wording: Consideration of Awarding the Request for Proposal (RFP) for Avenue of the Fountains. Staff Recommendation: Approve Fiscal Impact: Yes 130,400 Purpose of Item and Background Information: On February 20, 2003, Town Council approved the processing of a Request for Proposal to solicit bids to produce a Concept Plan for the Avenue of the Fountains. The Review Team held interviews on June 3, 2003, with representatives of the top three (3) proposals. Based upon the written proposals and the information provided at interview the Review Team recommends award to Design Workshop/Spectrum Planning. List All Attachments as Follows: Staff Report; Proposals (3); Spreadsheet. Type(s) of Presentation: Oral Signatures of Submitting Staff: /4/, D partment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Honorable Mayor and Town Council DT: June 5, 2003 FR: Denise Ruhling, Planner RE: Avenue of the Fountains Request for Proposal Award Recommendation On February 20, 2003, Town Council approved the processing of a Request for Proposal to solicit bids to produce a Concept Plan for the Avenue of the Fountains. On March 13, 2003, Staff mailed the Request for Proposal to approximately 30 companies (see attached list) with a deadline for response of April 15, 2003. Staff also advertised the RFP in the Fountain Hills Times. Eleven proposals were received. The proposals were distributed to the Review Team (team consisted of Denise Ruhling, Town of Fountain Hills; Tom Ward, Town of Fountain Hills; Greg Bielli, MCO; Judi Yates, Downtown Consensus Team Representative; and Lowell Jensen, Plat 208 Representative). The team was asked to review the proposals and select the top five (5) respondents. The team then met on May 21, 2003, and shared their thoughts and selections. This meeting narrowed the proposals to the top three (3). Those three proposals were provided by: Bidder Total Projected Cost Abell & Associates $37,350 Design Workshop/ Spectrum Planning $30,400 e-Group$13,000 The Review Team held interviews on June 3, 2003, with representatives of the top three (3) proposals. Based upon the written proposals and the information provided at interview, the Review Team recommends award to Design Workshop/Spectrum Planning. The team has not recommended the lowest bidder based upon the following: a) E-Group has provided a bid that is 42% of the next lowest bidder. The team expressed concerns over the low bid and to the possibility of change orders that would increase the cost of the process. b) The team expressed concerns regarding performance of this bidder on previous projects within the Town of Fountain Hills. c) Bidder's presentation at interview was found lacking compared to the presentations provided by Abell & Associates and Design Workshop/Spectrum Planning. Avenue of the Fountains RFP Award d) During interview bidder did not seem to be open to input on concepts. It appeared that many ideas have already been conceived and that this bidder would use those opinions to try to sway the public's opinion on what it is that they want to see in the downtown area. Design Workshop/Spectrum Planning was very open to input and provided information on how they obtain and process information provided in community/public meetings to obtain a concept plan that would reflect the desires of the community. As stated in the proposal, Design Workshop/Spectrum Planning is comprised of two separate companies teaming together to work on this project. Design Workshop is a firm with eight offices located in North Carolina, Colorado, Wyoming, Utah, New Mexico, Nevada, and Arizona. Their experience ranges from small communities, to resort planning, and community planning. Many of their prior projects are similar in nature to the Avenue of the Fountains with the same pedestrian safety and traffic flow concerns. Projects have included: Kierland Commons; Gardens on El Paseo; The Commons Neighborhood Streetscapes; Estrella New Community; and Western Area Power Association, to name just a few. Mark Soden, representative for Design Workshop, is a licensed landscape architect and is a member of the American Institute of Certified Planners. His experience includes over twenty years in streetscape design. Mark serves on the City of Scottsdale Development Review Board and understands the municipal process. Spectrum Brand Planning specializes in "Place Branding", the development of strategic plans to weave a community's unique values for each cornerstone into physical and marketing 16, communications that represent the community. Karen Marvel has vast experience in developing and executing strategies and tactics. Karen has a background in retail branding for such companies as Jiffy Lube, Midas, Moses Anshell, Petsmart, and Dial. She has worked with the Arizona Department of Commerce, Scottsdale Convention and Visitors Bureau, Arizona Office of Tourism, Greater Prescott Region and Prescott Valley Economic Development Foundation. It is the Review Teams opinion that the combination offered by Design Workshop and Spectrum Brand Planning will be a great asset to the development of Avenue of the Fountains, lending a mix of retail experience with land planning to create a downtown area that can fulfill the needs of the businesses and our community. Again, the Review Team recommends award to Design Workshop/Spectrum Brand Planning in the amount of $30,400. The budgeted amount for the Development of the Concept Plan is set at $25,000. I have contacted Julie Ghetti in accounting to verify that the additional funding may be taken from the construction budget. Page 2 of 2 'O a G r Lr O Op O O O O� C SI Ovi o00 M � N o M M M o0 o O o0 0 td bs EH FA O S S S S S S S S S 8 8 n 8 C 8 8 u E b9 69 bs FA b9 69 tsZq 00 69 c O O U U pp J S S S n a\ C O S o U ` M e5 r bs EF r- 69 v 66 w bs c 69 oo 6s 69 c c CL C.� S S S N S o 0 S S S W) C S ` .� O vi vi o � r M o0 GC V EA bs � bs 69 Eis il! Oc 69 E y d r S S S S S N S S S o g 8 8 8 g I/'1 M C 7 Vl 'O N E ;? 69 A b? fA Ni bs v c� a. a o S M r M n M v oo -' a � on � a Ij sv ss vj v3 Fs? us Fa A Q c. v� o u u 1 ai G � 0 I Ij. Q` X w u V O y z z z z G- X F LU U Vi — .V+ s V � a an C p CIL Y Y O y t _ V C 3 c cn Q 3 N Q` E n cn ` c C) a> _ O o 0 0 0 0 0 o O 0 o 0 0 0 0 0 o O O n n Zt O V') O o O o o o v r N o \o n n OO s. U 0 p. m � N O M M M l- M 00 M O O 1D 00 O rn 64 69 6R 6R 69 6R 69 69 69 b9 69 O f-" O O O O O O O t O O O O fZ+ O O O O 69 69 69 69 69 s9 cn 6R o6 56 O o U U O O O O O N O O O U cG O O O O O\ O O O V'j 00 ON 00 �O � a ❑ c w V) `M° o >, o0 C � N 69 �t 64 ri 6R 69 64 o0 69 Efi 00 6R N N N P. Gr CD O O O O O N O O O Q O O O tr)O Lr)O tr)O tr) O O O '^ O n " N OO N M O M O\ c 9 N N • 69 64 69 69 69 c,9 N O O O b 3 'U O o O a O o O o O � l— r- �O o O o O O in 69 69 b9 69 69 69 6R 69 N 6R ell C al U U i w. U U U U U U U U U U U O o � a U a¢ K w U o CA 71 CONSULTING CONTRACT BETWEEN THE TOWN OF FOUNTAIN HILLS AND DESIGN WORKSHOP THIS CONSULTING CONTRACT (this "Contract") is entered into as of June 19, 2003, between Design Workshop, a Colorado corporation, (the "Contractor") and the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), for the purpose of the Town engaging the Contractor to perform streetscape design and consulting services as set forth herein. In consideration of the covenants and promises set forth below, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Contractor hereby agree as follows: 1. Term of Contract. The term of this Contract shall commence upon the date first set forth above and shall remain in full force and effect for a period of one year thereafter unless terminated, cancelled or extended as provided below. The Contractor agrees that the Town shall have the right, as its sole option, to renew the Contract after the initial one-year term for additional one-year periods or portions thereof. In the event that the Town exercises such rights, all terms, conditions and provisions of this Contract shall remain in full force and effect during the renewal period unless specifically modified in writing, signed by the Town and the Contractor. 2. Compensation. Contractor shall be paid $30,400.00 for the services set forth herein. The Town and Contractor understand that Spectrum Brand Planning ("Spectrum") will be providing a portion of the services under this Contract. Contractor shall be solely responsible for payment to Spectrum for its services hereunder; the Town shall have no responsibility to pay Spectrum. The Town shall pay the Contractor monthly, based upon work performed and completion to date, and upon submission of acceptable invoices. All invoices shall document and itemize all work completed to date. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. 3. Performance Warranty. Contractor warrants that the services rendered in performance of this Contract will conform to the requirements and to the highest professional standards in its field. 4. Scope of Work Deliverable. The Contractor shall provide services related to the development of a conceptual plan for the Avenue of the Fountains right-of-way, from La Montana Drive to Saguaro Boulevard (the "Project Area") including, but not limited to the following: 4.1 Data review and background research. a. Review of existing studies. b. On -site review of the Project Area. C. Meetings with the Downtown Consensus Team, Plat 208 Property Owners' Association and Town Staff to obtain comments and feedback. 9196.009\AOF Consult.Agt.doc 6-19-03-1 1 d. Meetings with the Town Council. e. Conducting at least one evening, public meeting. 4.2 Preliminarypreparation. Contractor must prepare three concept plan options, each option presenting a different style or design. The plan options must include (i) a technology -based presentation demonstrating existing Project Area conditions, (ii) a technology - based presentation demonstrating each of the three plan options, (iii) a narrative to accompany the plan options; describing the results of research and findings and (iv) phasing and estimated cost of improvements. The options should be based on analyses, research and feedback addressing, but not limited to, the following: a. Circulation and parking. b. Public safety elements. C. Streetscape and pedestrian concepts. d. Provisions for street fairs and other event venues. e. Signage. f. Streetwalk and atmosphere lighting. g. Public attractions. h. Public art. i. Public restroom facilities. j. Trash receptacles. k. Landscaping. 1. Cost of improvements. 4.3 Presentation of preliminary drafts. The conceptual plan options must be presented to (i) the public at an open, public meeting for public input, (ii) the Downtown Consensus Team, (iii) Town Staff and (iv) to the Town Council at a work session for input. 4.4 Preparation of final concept plan. After the presentation of the preliminary drafts and based upon direction received resulting from the presentations, Contractor shall refine the concept plan and develop an implementation strategy that can be used by the Town. 4.5 Completed final concept plan. Once the concept plan is finalized, Contractor shall present the plan to the Town Council at a regular meeting for approval. Contractor shall submit (i) 30 copies of the plan, including color graphics, a narrative, the phasing plan and a cost of improvement analysis, (ii) reproducible color photos of the graphics and (iii) one reproducible unbound copy of the final concept plan. 5. Acceptance. The Town, in its sole discretion, shall determine of the acceptability of Contractor's final work product in accordance with the specifications, schedules or plans relating to the tasks set forth above. 6. Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its functions under the Contract shall not be used or disclosed by it, its agents, officers, or 9196.009WOF Consult.Agt.doc 6-19-03-1 2 employees, except as required to efficiently perform its duties under the Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract. 7. Performance of the Work. 7.1 Additional Materials and/or Overtime. Contractor expressly agrees that if overtime or additional workers or materials are necessary to perform the work, that such overtime will be performed or additional workers or materials will be procured by the Contractor, and the additional expense thereof shall be borne by Contractor. 7.2 Character and Status of Workers. The Town and Contractor hereby acknowledge that a portion of the services under this Contract will be performed by Spectrum and that Contractor shall be solely responsible for work performed by Spectrum or other subcontractors. Only skilled workers shall be employed on the work. When required by the Town, the Contractor shall discharge any person who is, in the opinion of the Town, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. The Contractor shall be responsible for ensuring the legal working status of its employees and its subcontractors' employees. The Contractor agrees that once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to the Town. If key personnel are not available for work under this Contract for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Work than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees by, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract of any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this paragraph. 9196.009\AOF Consult.Agt.doc 6-19-03-1 3 9. Insurance. 9.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. b. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. C. Additional Insured. All insurance coverage and self -insured retention or deductible portions, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. d. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. e. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. f. Claims Made. In the event any insurance policies required by this Contract are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 9196.009\AOF Consult.Agt.doc 6-19-03-1 Inu g. Waiver. All policies, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. h. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self -insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self -insured retention amount. The Town, at its option, may require Contractor to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. i. Use of Subcontractors. If any work under this Contract is subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. j. Evidence of Insurance. Prior to commencing any work or services under this Contract, Contractor shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Contract, issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. Such certificates shall identify the Contract work number and be sent to the Engineer. If any of the above -cited policies expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a Contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following_ provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. 9196.009\AOF Consult.Agt.doc 6-19-03-1 (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability - Follow Form to underlying insurance. (2) Contractor's insurance shall be primary insurance as respects performance of the Contract. (3) All policies, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Contract. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 9.2 Required Insurance Coverage. a. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. b. Professional Liability. If this Contract is the subject of any professional services or work, or if Contractor engages in any professional services or work adjunct or residual to performing the work under this Contract, Contractor shall maintain Professional Liability insurance covering errors and omissions arising out of the work or services performed by Contractor, or anyone employed by Contractor, or anyone for whose acts, mistakes, errors and omissions Contractor is legally liable, with an unimpaired liability insurance limit of $1,000,000 each claim and $2,000,000 all claims. In the event the Professional 9196.009\AOF Consult.Agt.doc 6-19-03-1 n Liability insurance policy is written on a "claims made" basis, coverage shall extend for three years past completion and acceptance of the work or services, and Contractor shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. C. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. d. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 9.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 10. Applicable Law; Venue. In the performance of this Contract, Contractor shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Fountain Hills, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Contract. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in the State of Arizona. 11. Termination; Cancellation. 11.1 For Town's Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause by the Town 60 days after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 11.2 For Cause. This Contract may be terminated be either party upon 30 days written notice should the other party fail to substantially perform in accordance with this Contract's terms, through no fault of the party initiating the termination. In the event of such 9196.009\AOF Consult.Agt.doc 6-19-03-1 7 termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 11.3 Due to Work Stoppage. This Contract may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Project is permanently abandoned or funds are withdrawn or become unavailable. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 11.4 Conflict of Interest. This Contract is subject to the provisions of Auiz. REv. STAT. § 38-511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 11.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Contract if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the Town for the purpose of securing this Contract. In the event this Contract is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity. 12. Miscellaneous 12.1 Independent Contractor. The Contractor acknowledges that all services provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Contract is nonexclusive and that Contractor is not prohibited from entering into other Contracts nor prohibited from practicing its profession elsewhere. 12.2 Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Project, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration ("OSHA") standards. 12.3 Contract Amendments. This Contract may be modified only by a written Contract Amendment approved by the Town Council and signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 12.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included 9196.009\AOF Consult.Agt.doc 6-19-03-1 herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 12.5 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 12.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any. 12.7 Interpretation; Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contact. 12.8 Assignment. No right or interest in this Contract shall be assigned by Contractor without prior, written permission of the Town and no delegation of any duty of Contractor shall be made without prior, written permission of the Town. 12.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for Contract performance whether or not subcontractors are used. 12.10 Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 12.11. Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 9196.009\AOF Consult.Agt.doc 6-19-03-1 I 12.12. Licenses. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 12.13 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, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: JORDEN, BISCHOFF, MCGUIItE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Contractor: Design Workshop, Inc. 310 South Mill Avenue, Suite 201 Tempe, Arizona 85281 Facsimile: Attn: Mark Soden With a Copy to: Spectrum Brand Planning 14508 North Lark Court Fountain Hills, Arizona 85269 Facsimile: 480-816-5833 Attn: Karen Marvel 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 Section. 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, (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, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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 9196.009\AOF Consult.Agt.doc 6-19-03-1 10 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. 12.14. Patents and Copyrights. All services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the Town and shall not be used or released by the Contractor or any other person except with the prior written permission of the Town. 12.15. Advertising. Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Timothy G. Pickering, n Manager ATTEST: Bevelyn J. n " r, Town Clerk 9196.009\AOF Consult.Agt.doc 6-19-03-1 11 "Contractor" DESIGN WORKSHOP, INC. a Colorado corporation By: Name: M-44 Grp Title:l�7`�i JUN-19-03 THU 17:20 6023913302 P.02 .....,.,...,.,...,.w..,...,.,..,.,....,..,,.... �....,.,.,.».. va �— ..«,e,.,,wi�...�,..w,...w.wn -w,.n. W._....,�..,.e...a............. ....,�.� ,..,..-u�..�.. .,,,.....�....�. _ OPTION A SCOPE OF WORK A5 OUTLINER BY RFP Preliminary review of resea'r'ch o On -site visit to project area ■ Review any additional research provided by Town Meetings:' Introduction of team, Input on project; Ideas t. Downtown Consensus Tgpm 2. Town Council 3.. One evenlnA oublic moelino 1, (3,) different styles or design 2. (1) overall strategic approach to specific elements such as parking, restroom locations, etc, 3. Ovorall Dellverables (a) Hand drawn c,lrculation and parking diagram; (b) Schematic Plan showing paving, landscaping pedestrian amenities, public attractions, furnishings and light pole locations, and art locations; (c) Event layout, plan;(d) Elevation of typica'I si,gnage elements; (e) Elevation of typical light and fixture pole; (f) Phasing diagram;(g) Cost es,timat;(h) Plan executive summary and detailed narrative of desig stratv�y G. esentation of Preltmi_ nary_ 0-lasspt Meetjngs to gain consensus on design or Style Public Meetings - 2 Qowntown Consensus Team, Town Staff, and Town Council for work session lam. P�.eparatlon of Final -Co ■ Based on findings from Part above, refine one plan with all of the cost, graphics, narrative, etc. but also Includes implementation strategy 1. Present final concept to Town Council for J[MgJion __ Completed Concept Plan'` -~ Incorporate changes, if any, from Town Council and present for j_PP!gy_gl 1, Includes 30 copies of final plan; disk or POF of graphics and reproducible copy of plan - r T o t a I M g e t i n g s 8 "— •--•—_.___ ., 'Presentation Materials: Includes Display Boards, Handouts, Booklets:(Deslgn, Edit, indin $3,200 [otal 2 to 3 weeks Includes internal meetin project start-up, ^__--------� --rolal 30 aays 61fi,d50.D0 •--------•---------- --•—• Total 2 weeks $3,500.00 With 3 styles, we Prepare presentation anticipate Ibis stage Key staff presenting at t may require a meetings longer commentary ---�-�---� �-•- period) �-� - Total 2 to 3 weeks $4,000.00 Refine Concept Develop presentation $1,450.00 -�Total -1 week Final review with staff, adju'stmonts,layoul and design! of final plan and pre -production for printing ry Total Fees $28,600.00 Tota, Tlmingl i to 13 weeks 06signWorkshop & Spectrum Brand Planning 0 April 2003 JUN-19-03 THU 17:21. w 6023913302 P.03 n, wM� ni.•��+�wx..Wtl,w�wv_,rrr..,w�e�...r..pw.�.lLrr+.r{_1 +W+Yvyw.,,.e,.pw...,".��yr YI _�.•_.� 1 �ww_�•r r,N IS OPTION A COST PROPOSAL ii Compensation to DesignWorkShop and Spectrum grand Planning which includes ,fees to perform all of the tasks and time schedules indicated In the outline above, Price estimate includes the assumption that the town will provide digital flles (ACAD) to use as base maps for the study area, These maps should show all' of the improvements In the ROW as well as existing structures and parking on parcels adjacent ,(o the ROW, Materials that will be required for the meetings as indicated by the asterisk in the outline include 30 copies (50% colorj, printing and glnding; and additional materials for ,display bgards and meeting handouts. Fees $28,600.00 Materials $1,800.00 Total Option A $30,400.00 • DesignWorkshop a Spectrum Brand Planning 0 April 2003 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 6/19/03 ContactPerson: Dana Burkhardt, Senior Planner Requesting Action:® TVDe of Document Needing Anproval (Check all that a ❑ Public Hearing ❑ Resolution ® Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Apvromiate Areas)': ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only;❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Allenda Wording: Consideration of an ALTERNATIVE HILLSIDE DEVELOPMENT AGREEMENT for Trevino Business Center, a nine -building, 34,408 square foot professional office complex on an unplatted parcel of land located west of Saguaro Blvd., north of Trevino Dr., and east of Burkemo Dr. Staff Recommendation: Approve Fiscal Impact: Yes +21,926.00 Purpose of Item and Background Information: The primary purpose of this agreement is to allow the development of the property utilizing an alternative land preservation methodology. The proposed alternative hillside preservation agreement would provide a contiguous open space buffer between the commercial and residential properties, rather than isolated pockets of hillside protection easements throughout the site. Please see the attached site plan and staff report for further details. List All Attachments as Follows: Staff Report; Development Agreement; Prliminary Plat App. & Exhibits Tvpe(s) of Presentation: Powerpoint Sil4natures of Submittinlz Staff: Budget Review (if item not budgeted or exceeds budget amount) &513-03 Town Manager / Designee TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: June 12, 2003 FR: Dana Burkhardt, Senior Planner t>R�> RE: Alternative Hillside Preservation Agreement for the Trevino Business Center; Case #S2002-55 LOCATION: The unplatted parcel of land located west of Saguaro Blvd., north of Trevino Dr., and east of Burkemo Dr. REQUEST: Consideration to accept the Alternative Hillside Preservation Agreement for the "Trevino Business Center", a nine building, 34,408 square foot professional office complex. OWNER: GMCAR, LLC APPLICANT: Carl Bommarito EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning District PARCEL SIZE: 5.5 ac (239,433.39 sf) SURROUNDING LAND USES AND ZONING: NORTH: Single-family residences ; zoned "R1-35" SOUTH: Retail development; zoned "C-1" EAST: Multi -family development and vacant commercial lot; zoned "R-5 & C-1" WEST: Vacant single-family lot; zoned "R1-35" SUMMARY: The primary purpose of this agreement is to allow the development of the property utilizing an alternative land preservation methodology. The proposed alternative hillside preservation agreement would provide a contiguous open space buffer between the commercial and residential properties, rather than isolated pockets of hillside protection easements throughout the site. The agreement also proposes considerations for off -site improvements, such as the sidewalk locations and proposed Trevino Drive right-of-way improvements. EVALUATION: Under the existing land preservation requirements defined in Section 504 of the Subdivision Ordinance, this project is required to preserve 57,407 sf. of all slopes between 10-20% gradient, 4,812 sf. of all slopes between 20-30% gradient, and 354.6 sf. of all slopes greater than 30% gradient. The agreement proposes to preserve 36,535 sf. of all slopes between 10-20% gradient (20,872 sf. less than required), 3,675 sf. of all slopes between 20-30% gradient (1,137 sf less than required), and 391 sf. of all slopes greater than 30% gradient (35 sf. beyond the required). The total area proposed for preservation of all slopes greater than 10% is 40,601 sf., which is 21,972.6 square feet less than the required 62,573.6 sf. All slopes less than 10% are not considered hillside and may be 100% disturbed. The total proposed hillside protection easement area including slopes less than 10% is 65,217 sf. The developer is providing a hillside protection area approximately 2,500 square feet larger than that required by the Subdivision Ordinance, but 24,553 sf. of that area is less than 10% gradient, which does not count toward meeting the hillside preservation requirement of the Subdivision Ordinance. The applicant has proposed this alternative hillside methodology based on the Plat 414, Lots 68 & 69 Alternative Hillside Protection Agreement. The majority of the Plat 414 property was previously graded after the Town's incorporation and utilized as an effluent irrigation field and construction equipment parking lot for the adjacent properties. Approximately 14.4% of the topography of Lots 68 & 69 exceeds 10% gradient, and approximately 37% of the Trevino Drive property exceeds 10% gradient. This illustrates the fact that the Trevino Drive property has substantially more native hillside than Plat 414 Lots 68 and 69, though the two properties are approximately the same size. The hillside protection easement granted to the Town over the Plat 414 property consists of an area of approximately 35,265.5 square feet. 87% of the Plat 414 hillside protection easement is less than 10% gradient. The proposed Trevino Business Center alternative hillside agreement provides the Town with 65,217 square feet of hillside protection, of which 38% of the slopes are less than 10% gradient. The primary reason for the Plat 414 agreement was to provide an adequate landscape buffer between the future industrial development and the adjacent residences, even though 87% of that HPE is less than 10% gradient. All other alternative hillside protection agreements approved by the Town on commercial properties have provided a payment in lieu of hillside protection, equaling approximately one dollar per square foot of proposed disturbance beyond that permitted by the Subdivision Ordinance. The total area of hillside disturbance proposed beyond what is allowed by the Subdivision Ordinance is approximately 21,926 square feet. The agreement provides a payment in lieu of the required preservation in the amount of $21,926.00 and the developer revegetate the previously disturbed areas within the proposed HPE. The payment in lieu provides for the transfer of hillside protection from this property to the McDowell Mountain Preserve purchased by the Town. The Town of Fountain Hills General Plan encourages open space/landscape buffers between commercial and residential zoning districts, as well as the preservation of contiguous natural areas. In summary, staff believes that the contiguous hillside protection easement buffer meets the intention of the Town's General Plan. RECOMMENDATION: Staff recommends approval of the attached Alternative Hillside Preservation Agreement for the "Trevino Business Center". WHEN RECORDED, RETURN TO: Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 ALTERNATIVE HILLSIDE PRESERVATION AGREEMENT THIS ALTERNATIVE HILLSIDE PRESERVATION AGREEMENT (this "Agreement") is entered into 2003, by and between TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town") and GMCAR, L.L.C., an Arizona Limited Liability Company (the "Developer"). V.-WOWN01 A. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 5.49 acres, legally described and depicted on Exhibit A hereto and incorporated herein by reference and commonly known as the Trevino Business Center (the "Property" or the "Project"). B. The Town, through its subdivision ordinance regulations (the "Subdivision Ordinance"), is requiring Developer to maintain a portion of the Property as natural open space in order to preserve a portion of the hillside slopes (designated as "Hillside Preservation Easement" on Exhibit A) on the Property (collectively, the "Preservation Requirement"). C. The Developer and the Town are entering into this Agreement pursuant to the provisions of ARIZ. REv. STAT. § 9-500.05 in order to facilitate the development of the Property by providing for an alternative means for Developer to satisfy the Preservation Requirement of Section 504 of the Subdivision Ordinance to ensure compliance with the Preservation Requirement through the Alternative Preservation Plan, as more particularly identified and described on the Slope Analysis, dated February 11, 2003, prepared by Montgomery Engineering & Management, L.L.C. and the document entitled "Proposed Alternative Hillside Preservation Requirement for Trevino Business Center, dated December 11, 2002, both attached as Exhibit B hereto (collectively, the "Alternative Preservation Plan"). D. The Developer acknowledges that the Alternative Preservation Plan will benefit the Developer by allowing for the designation of a contiguous parcel of land to satisfy the Preservation Requirement instead of requiring Developer to reserve multiple, disconnected smaller areas throughout the Property, a requirement that would hinder development of the Property while not furthering the Town's preservation goals. E. The Town acknowledges that the Alternative Preservation Plan will benefit the Town by reserving a larger area of open space, approximately 1.5 acres of preservation land instead of the approximately 1.34 acres that is required by the Preservation Requirement. The Alternative Preservation Plan would also provide a buffer between the single-family zoned neighborhoods to the north and west of the Trevino Business Center. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, the parties agree as follows: 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 1. Development Plans. 1.1 Plan of Development. The Documents referred to in the Town's File #S2002-55, the exhibits attached to this Agreement and this Agreement collectively constitute a "Plan of Development" for the Property. It is the intent of the parties that the Preservation Requirement will be satisfied in accordance with the Plan of Development and as further clarified herein. To the extent there is conflict between the various documents making up the Plan of Development and the various ordinances and development guidelines of the Town of Fountain Hills, such development standards as are required to develop the Property in accordance with Plan of Development shall be applied and shall govern and control. 1.2 General Plan. The Town and Developer agree and acknowledge that the Plan of Development is consistent with the adopted general plan of the Town of Fountain Hills as it exists on the date of this Agreement. Developer and Town agree that at any point in the future and during the term of this Agreement that the Developer may seek an amendment to Plan of Development, but that any amendment to the Plan of Development must also be consistent with the then -adopted General Plan of the Town and adopted Town ordinances. 1.3 Minor Amendments. The Plan of Development presently describes the acreage and location of the alternative hillside preservation area. So long as such acreage and location is not altered, the Developer may apply to the Town Council for minor changes to the Plan of Development affecting part or parts of the Property. 1.4 Regulation of Development. The Town and Developer agree and acknowledge that the ordinances, rules, regulations and policies of the Town applicable to and governing the development of this Property shall be those ordinances, rules, regulations and officially adopted policies (with current interpretation and practices) which are in existence and in force for the Town as of the date of approval of the plans and permits required for the development of the Property. 2. Obligations of Developer. 2.1 Developer's Construction. Developer shall construct, at its sole cost and expense, all parking lots, retaining walls, monument features, off -site improvements, etc., as shown on the Plan of Development. Developer shall reintroduce native plant species in a quantity and variety commonly found on the Property over that portion of the Hillside Protection Easement previously disturbed by utility work. Additionally, the Developer shall be allowed to plant 36-inch box indigenous trees, 20-30 feet on center, on the south side of Trevino Drive within the Town's Right -of -Way easement. Developer shall (i) provide a drip irrigation system that shall be maintained by the Trevino Commercial Association and Trevino property owners and (ii) maintain such landscaping in the same manner as the Property. Developer shall construct sidewalks along Trevino Drive and Saguaro Boulevard, but not along Burkemo Drive. The Saguaro Boulevard sidewalk shall be meandering and may be placed partially within the Hillside Protection Easement without impacting the calculations for the Hillside Protection Easement. 2.2 Hillside Protection Pam. Developer and the Town acknowledge that, while the total area of hillside disturbance proposed in the Plan of Development is less than allowed under the Subdivision Ordinance, approximately 21,926 sq. ft. would not be allowed in 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 2 certain slope categories without the exchange contemplated by this Agreement. In consideration for the Town's approval of the Plan of Development including the excess hillside disturbance in certain slope categories, the Developer shall pay to the Town $21,926.00 prior to recording the final plat for the Project. Cooperation and Alternative Dispute Resolution. 3.1 Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of the Developer or the Town, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Public Works Division, and the initial representative for the Developer shall be its Project Manager (Carl Bommarito), or as may be identified by the Developer from time -to -time (the "Developer Representative"). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Plan of Development. The representatives may recommend amendments to the Plan of Development or this Agreement which may be agreed upon by the parties. 3.2 Default. Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) days (the "Cure Period") after written notice thereof from the other party shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non -defaulting party shall have all rights and remedies which may be available at law or in equity. 4. General. 4.1 Notices and Filings. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served 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, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: The Town: TOWN OF FOUNTAIN HILLS 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Town Manager The Developer: GMCAR, L.L.C. 17100 E. Shea Boulevard, Suite 320 Fountain Hills, Arizona 85268 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 With a copy to: VISION/5 DEVELOPMENT 17100 E. Shea Boulevard, Suite 400-D Fountain Hills, Arizona 85268 Attn: Carl Bommarito 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 Section. 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, (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, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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. 4.2 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 4.3 Headings. The descriptive headings of the paragraphs of this Agreement ( are inserted for convenience only and shall not control or affect the meaning or construction of fir• any of the provisions hereof. 4.4 Exhibits. Any exhibit attached hereto and the documents constituting the Plan of Development, shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 4.5 Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any request and applications for plat or permit approval or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 4.6 Time of Essence and Successor. Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties. 4.7 No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 4 4.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written are hereby superseded and merged herein. 4.9 Amendment. No charge or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten days after any amendment to this Agreement, such amendment shall be recorded in the official Record of Maricopa County. 4.10 Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the State of Arizona, the Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the insistence of the Developer in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Developer shall be entitled to utilize such materials described herein to the extent required for the Developer to construct, operate or maintain improvement relating to the Property. 4.11 Good Standing and Authority. Each of the parties represents and warrants to the other that it is duly formed and validly existing under the laws of Arizona, and that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 4.12 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to fulfill its obligations required hereunder, the Developer shall be entitled to terminate this Agreement. 4.13 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 4.14 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten days after this Agreement is executed by the Town and the Developer. 4.15 No Developer Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Town or the Developer to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan of Development, as the Plan of Development may be amended from time to time. 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 5 M IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN: THE TOWN OF FOUNN HILLS, an Arizona municipal co ation ichols, ATTEST: Bevelyn J. B nde , Town Clerk DEVELOPER: GMCAR, L.L.C., an Arizona limited liability company By: �1-- Name: g �pSo h Title: toe- L--O - (ACKNOWLEDGMENTS) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 43 day of 2003, by req G Lck rso kl , as �y%rh b e r �i-e Sia�� n f of GMCAR, L.L.C., an Arizona limited liability company, for and on behalf of said company. WN FFICIAL SEAL Notary Public My CoI#1 J. BENDE ublic - State of Arizona ICOPA COUNTY . expires Aug. 28, 2003 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day 0 2003, by W. J. Nichols, as Mayor of the Town of Fountain Hills, an Arizona municipal corporation, for and on behalf of said corporation. M 0FF1 AL SEAL BEVELYN J. BENDE No Public - State Pf Arizona PA COUNTY My 91 comm, exp re Aug. 28, 200 6-12-03-1 an When recorded, please return to Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Attn: Community Development CAPTION HEADING: OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-0813438 06/24/03 10:24 5 OF 5 CRNOS Alternative Hillside Preservation Agreement — Trevino Business Center This is part of the official document. Copies Routed To: ❑ Administration ❑ Engineering ❑ Community Development ❑ Parks and Recreation ❑ Magistrate Court ❑ Marshals Department WHEN RECORDED, RETURN TO: Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 ALTERNATIVE HILLSIDE PRESERVATION AGREEMENT THIS ALTERNATIVE HILLSIDE PRESERVATION AGREEMENT (this "Agreement") is entered into (nLj -Z 2003, by and between TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town") and GMCAR, L.L.C., an Arizona Limited Liability Company (the "Developer"). RECITALS A. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 5.49 acres, legally described and depicted on Exhibit A hereto and incorporated herein by reference and commonly known as the Trevino Business Center (the "Property" or the "Project"). B. The Town, through its subdivision ordinance regulations (the "Subdivision Ordinance"), is requiring Developer to maintain a portion of the Property as natural open space in order to preserve a portion of the hillside slopes (designated as "Hillside Preservation Easement" on Exhibit A) on the Property (collectively, the "Preservation Requirement"). C. The Developer and the Town are entering into this Agreement pursuant to the provisions of ARIZ. REV. STAT. § 9-500.05 in order to facilitate the development of the Property by providing for an alternative means for Developer to satisfy the Preservation Requirement of Section 504 of the Subdivision Ordinance to ensure compliance with the Preservation Requirement through the Alternative Preservation Plan, as more particularly identified and described on the Slope Analysis, dated February 11, 2003, prepared by Montgomery Engineering & Management, L.L.C. and the document entitled "Proposed Alternative Hillside Preservation Requirement for Trevino Business Center, dated December 11, 2002, both attached as Exhibit B hereto (collectively, the "Alternative Preservation Plan"). D. The Developer acknowledges that the Alternative Preservation Plan will benefit the Developer by allowing for the designation of a contiguous parcel of land to satisfy the Preservation Requirement instead of requiring Developer to reserve multiple, disconnected smaller areas throughout the Property, a requirement that would hinder development of the Property while not furthering the Town's preservation goals. E. The Town acknowledges that the Alternative Preservation Plan will benefit the Town by reserving a larger area of open space, approximately 1.5 acres of preservation land instead of the approximately 1.34 acres that is required by the Preservation Requirement. The Alternative Preservation Plan would also provide a buffer between the single-family zoned neighborhoods to the north and west of the Trevino Business Center. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, the parties agree as follows: 9196.0101Trevino HPE Agt.v2.doe 6-12-03-1 1. Development Plans. 1.1 Plan of Development. The Documents referred to in the Town's File #S2002-55, the exhibits attached to this Agreement and this Agreement collectively constitute a "Plan of Development" for the Property. It is the intent of the parties that the Preservation Requirement will be satisfied in accordance with the Plan of Development and as further clarified herein. To the extent there is conflict between the various documents making up the Plan of Development and the various ordinances and development guidelines of the Town of Fountain Hills, such development standards as are required to develop the Property in accordance with Plan of Development shall be applied and shall govern and control. 1.2 General Plan. The Town and Developer agree and acknowledge that the Plan of Development is consistent with the adopted general plan of the Town of Fountain Hills as it exists on the date of this Agreement. Developer and Town agree that at any point in the future and during the term of this Agreement that the Developer may seek an amendment to Plan of Development, but that any amendment to the Plan of Development must also be consistent with the then -adopted General Plan of the Town and adopted Town ordinances. 1.3 Minor Amendments. The Plan of Development presently describes the acreage and location of the alternative hillside preservation area. So long as such acreage and location is not altered, the Developer may apply to the Town Council for minor changes to the Plan of Development affecting part or parts of the Property. 1.4 Regulation of Development. The Town and Developer agree and acknowledge that the ordinances, rules, regulations and policies of the Town applicable to and governing the development of this Property shall be those ordinances, rules, regulations and officially adopted policies (with current interpretation and practices) which are in existence and in force for the Town as of the date of approval of the plans and permits required for the development of the Property. 2. Obligations of Developer. 2.1 Developer's Construction. Developer shall construct, at its sole cost and expense, all parking lots, retaining walls, monument features, off -site improvements, etc., as shown on the Plan of Development. Developer shall reintroduce native plant species in a quantity and variety commonly found on the Property over that portion of the Hillside Protection Easement previously disturbed by utility work. Additionally, the Developer shall be allowed to plant 36-inch box indigenous trees, 20-30 feet on center, on the south side of Trevino Drive within the Town's Right -of -Way easement. Developer shall (i) provide a drip irrigation system that shall be maintained by the Trevino Commercial Association and Trevino property owners and (ii) maintain such landscaping in the same manner as the Property. Developer shall construct sidewalks along Trevino Drive and Saguaro Boulevard, but not along Burkemo Drive. The Saguaro Boulevard sidewalk shall be meandering and may be placed partially within the Hillside Protection Easement without impacting the calculations for the Hillside Protection Easement. 2.2 Hillside Protection Payment. Developer and the Town acknowledge that, while the total area of hillside disturbance proposed in the Plan of Development is less than allowed under the Subdivision Ordinance, approximately 21,926 sq. ft. would not be allowed in 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 2 certain slope categories without the exchange contemplated by this Agreement. In consideration • for the Town's approval of the Plan of Development including the excess hillside disturbance in certain slope categories, the Developer shall pay to the Town $21,926.00 prior to recording the final plat for the Project. 3. Cooperation and Alternative Dispute Resolution. 3.1 Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of the Developer or the Town, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Public Works Division, and the initial representative for the Developer shall be its Project Manager (Carl Bommarito), or as may be identified by the Developer from time -to -time (the "Developer Representative"). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Plan of Development. The representatives may recommend amendments to the Plan of Development or this Agreement which may be agreed upon by the parties. 3.2 Default. Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) days (the "Cure Period") after written notice thereof from the other party shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non -defaulting party shall have all rights and remedies which may be available at law or in equity. 4. General. 4.1 Notices and Filings. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served 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, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: The Town: TOWN OF FOUNTAIN HILLS 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Town Manager The Developer: GMCAR, L.L.C. 17100 E. Shea Boulevard, Suite 320 Fountain Hills, Arizona 85268 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 3 With a copy to: VISION/5 DEVELOPMENT 17100 E. Shea Boulevard, Suite 400-D Fountain Hills, Arizona 85268 Attn: Carl Bommarito 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 Section. 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, (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, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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. 4.2 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 4.3 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 4.4 Exhibits. Any exhibit attached hereto and the documents constituting the Plan of Development, shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 4.5 Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any request and applications for plat or permit approval or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 4.6 Time of Essence and Successor. Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties. 4.7 No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 4 4.8 Entire Agreement. This Agreement constitutes the entire agreement ,,. between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written are hereby superseded and merged herein. 4.9 Amendment. No charge or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten days after any amendment to this Agreement, such amendment shall be recorded in the official Record of Maricopa County. 4.10 Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the State of Arizona, the Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the insistence of the Developer in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Developer shall be entitled to utilize such materials described herein to the extent required for the Developer to construct, operate or maintain improvement relating to the Property. 4.11 Good Standing and Authority. Each of the parties represents and warrants to the other that it is duly formed and validly existing under the laws of Arizona, and that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 4.12 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to fulfill its obligations required hereunder, the Developer shall be entitled to terminate this Agreement. 4.13 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 4.14 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten days after this Agreement is executed by the Town and the Developer. 4.15 No Developer Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Town or the Developer to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan of Development, as the Plan of Development may be amended from time to time. 9196.010\Trevino HPE Agt.v2.doc 6-12-03-1 5 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN: THE TOWN OF F Arizona 1 a By: /G W . Nich( ATTEST: 1N HILLS, an s, Mayor 17 Bevelyn J. Iji6nder, Town Clerk STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) DEVELOPER: GMCAR, L.L.C., an Arizona limited liability company By: Name: LV2�o1-1 Title: t4e.L--,a, r-c s (ACKNOWLEDGMENTS) The foregoing instrument was acknowled ed before me this /3 day of 2003, by r- L..o�rso kl , as of GMCAR, L.L.C., an Arizona lean meted liability company, for and on behalf of said company. OFFICIAL SEAL My Co (sN J. BENDE Notary Public - State of Arizona MARICOPA COUNTY My Comm. expires Aug. 28, 2003 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) Notary Public The foregoing instrument was acknowledged before me this day of Qit-4t, 2003, by W. J. Nichols, as Mayor of the Town of Fountain Hills, an Arizona municipal corporation, for and on behalf of said corporation. @FN!ta�ry �� pues: ELYN J. BENDER: Public - State of Arizona RICOPA COUNTY m. expires Aug. 28, 200 9196.0101revino HPE Agt.v2.doc 6-12-03-1 2 Notary Public/ i z � �p�z �JD eer (ci"j' U Q O LLJ Z OQ Q,�LLI� wC)Qa m o c� j 0 T d ~�Q� Z OOZ\3 n, LL�J Q X a J O° Qr Q OO.2 W w _ O LL �Q i oO�N G> O =LLo OOM� 6� m =�w� Z 4� II `'� ?�� U Li w N •SOOTS; 0 O N N 1-- (!1 QOm i D OW © �zZao zs� �� W =�mQ � II it II II w LzL1 \a0J � ■ 0- C) W IV �; J / U I cn a_z6�� J -� Q QQN�Q ^� S U 0 = W = o cQ v-o L. L'J Of z o ,� cry W o ^ 00 OO 0 "4. l� 11 d In i Nv p OS W w U I mti J = m 3;: w; �p �C� � O ' 00 w O:fl LIJ O0000nl- ; -INn O N I- d- � • N Lc).�� Q��J 0 M;,_ 0 11 00 00 0z0 f - (.0r-; J o II II II it .off; .. N !�' m to -� Q p tC) O� rn p z 00 J o COrn Z N 1` 00 r7 Q o � Q �� I I I I co I I C. CD z Poo r. w �\ Q� I I I J Q� H -J Z` w �._._ oO N r� (,A�I41' OOP : ., ✓ ��Q p� O O 4 ►- J O�y S'9� Jdb �O �� o J cVoGU o �? > o S • - �, Qy U m C14 00 �ooi� � riper 4 2 H.P.E. EXHIBIT 3 TREVINO BUSINESS CENTER PARCEL •A° \ 6 SCALE 1" = 30' LEGEND H.P.E. HILLSIDE PROTECTION EASEMENT INDICATES H.P.E. LINE t a of 7 0 I TF F7 a u`" 21549 s DAMD R. ' MONTGOMERY: POINT OF BEGINNING I Sg°ed I � gRi20Nn, US� 8 INTERSECTION TREVINO DRIVE 9 AND BURKEMO DRIVE 10 FOUND TFH 12 BRASS CAP �,,.�� do \ 11 13 SHEET t OF 7 PARCEL "A" MATH ONorth 36 degrees 55 minutes 00 seconds East, 219.18 feet OSouth 44 degrees 26 minutes 34 seconds East, 69.65 feet OSouth 14 degrees 53 minutes 56 seconds West, 12.80 feet OSouth 85 degrees 31 minutes 27 seconds West, 59.70 feet OSouth 51 degrees 05 minutes 58 seconds West, 22.26 feet OSouth 04 degrees 39 minutes 49 seconds East, 70.66 feet OSouth 15 degrees 55 minutes 21 seconds West, 87.56 feet OSouth 26 degrees 52 minutes 09 seconds East, 6.22 feet OSouth 28 degrees 34 minutes 16 seconds East, 6.97 feet 10 South 24 degrees 34 minutes 55 seconds East, 16.94 feet 11 South 39 degrees 44 minutes 27 seconds West, 9.07 feet 12 Central angle of 00 degrees 52 minutes 42 seconds R= 7,057.49 feet L= 108.19 feet 13 Central angle of 89 degrees 35 minutes 43 seconds R= 20.00 feet L= 31.27 feet (Of O �6 0 \ F 9. ti 21549 Of DAVID R. MONTGOME Y: 00 e signed . gR�10Nlti U`5P. SHEET 3 OF 7 29 POINT OF 28 30 1 BEGINNING H.P.E. EXHIBIT 2 1- D TREVINO BUSINESS CENTER 27 PARCEL '139 25 y 24 SCALE 1" = 80' 21 20 t220 19 18 17 \ 16 ` 15 tt 14 1 13 12 � 1 10 I 9 I Of P n°� CATf.� F�9 21549 764 e LEGEND MONTGOMERY: H.P.E. HILLSIDE PROTECTION EASEMENT sgr,ed �' — • — - — - — INDICATES H.P.E. LINE aQ,z�a SSA 6 \t SHEET-4 OF 7 PARCEL "B" MATH 1O Central angle of 81 degrees 57 minutes 08 seconds R= 20.00 feet L= 28.61 feet 2O South 60 degrees 24 minutes 00 seconds East, 12.74 feet 30 Central angle of 28 degrees 20 minutes 00 seconds R= 185.00 feet L= 91.48 feet 4O South 88 degrees 44 minutes 00 seconds East, 99.71 feet 5O Central angle of 39 degrees 59 minutes 46 seconds R= 715.00 feet L= 499.12 feet 6� North 84 degrees 09 minutes 14 seconds West, 86.92 feet ONorth 12 degrees 05 minutes 55 seconds West, 14.37 feet 8 North 70 degrees 19 minutes 51 seconds West, 57.46 feet 9 North 41 degrees 57 minutes 43 seconds West, 26.63 feet 10 North 70 degrees 34 minutes 58 seconds West, 41.74 feet 11 South 19 degrees 25 minutes 02 seconds West, 10.14 feet 12 North 70 degrees 34 minutes 58 seconds West, 23.53 feet 13 South 19 degrees 25 minutes 02 seconds West, 18.10 feet 14 North 75 degrees 54 minutes 45 seconds West, 28.89 feet 15 North 36 degrees 47 minutes 39 seconds West, 16.55 feet 16 North 76 degrees 02 minutes 34 seconds West, 34.73 feet 17 South 88 degrees 39 minutes 46 seconds West, 38.97 feet 18 North 75 degrees 54 minutes 45 seconds West, 9.17 feet 19 North 69 degrees 14 minutes 27 seconds West, 14.60 feet 20 North 02 degrees 32 minutes 48 seconds West, 11.43 feet 21 South 87 degrees 27 minutes 12 seconds West, 17.11 feet 22 South 02 degrees 32 minutes 48 seconds East, 4.21 feet 23 North 88 degrees 04 minutes 15 seconds West, 77.47 feet 24 North 86 degrees 00 minutes 43 seconds West, 22.65 feet 25 South 86 degrees 18 minutes 40 seconds West, 76.29 feet 26 North 05 degrees 41 minutes 51 seconds West, 33.64 feet 27 South 87 degrees 21 minutes 23 seconds West, 86.56 feet 28 North 48 degrees 49 minutes 41 seconds West, 67.29 feet 29 North 36 degrees 55 minutes 00 seconds East, 11.56 feet 30 Central angle of 15 degrees 21 minutes 52 seconds R= 230.00 feet L= 61.68 feet o. 0 21549 0 DAVID R. MONTGOMERY: r e signed o� NE COR = — — �' . 6 _ POINT -- — — OF BEGINNING I , I � I ! 2 SCALE: 1" = 20' ! H.P.E. EXHIBIT 5 I ! TREVINO I ! BUSINESS CENTER I PARCEL °C° I LEGEND / H-P.E. HILLSIDE PROTECTION EASEMENT — • — • — • — INDICATES H.P.E. LINE I I Of i n of P c TFti 9 a 21549 ? cr DAVID R. MONTGOMERY: e signed . SHEET (o OF 7 PARCEL "C" MATH 1O South 42 degrees 50 minutes 00 seconds West, 18.00 feet O South 49 degrees 36 minutes 31 seconds West, 101.58 feet 3O South 42 degrees 45 minutes 01 seconds West, 65.91 feet 4� Central angle of 03 degrees 22 minutes 04 seconds R= 20.00 feet L= 1.18 feet O North 19 degrees 28 minutes 30 seconds East, 155.43 feet 60 South 77 degrees 37 minutes 56 seconds East, 85.33 feet �0 1 OK .j. 9 0 21549 A a DAVID R. MONTGOMERY: c, ' signed q' SHEET7 OF 7 MONTGOMERY: c, ' signed q' SHEET7 OF 7 PbR, oi= PRorEC-r/Dr�/ F-A-1Em t5 fIJTS 1 ` 21549 DAVID R MOKGOMERY BOu N DARY aa\ LEGAL DESCRIPTION That portion of the South half of the Northwest quarter and the North half of the Southwest quarter of Section 26, Township 3 North, Range 6 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the monument line intersection of Shea boulevard and Saguaro Boulevard from which the West quarter corner of said Section 26 bears North 58*04' 18" West, 1388.31 feet; THENCE North 42°50'00" East along the centerline of Saguaro Boulevard, 775.00 feet; THENCE North 4710'00" West, 55.00 feet to a point on the Northwesterly right of way line of said Saguaro Boulevard, said point also being the Southeast corner of Lot 6, Block 4, Fountain Hills Arizona, Final Plat No. 403-B, a subdivision recorded in Book 155 of Maps, page 34, records of Maricopa County, Arizona, said point being the POINT OF BEGINNING; THENCE South 42°50'00" West, along said right of way line, 330.45 feet to the beginning of a tangent curve being concave Northerly and having a radius of 20.00 feet; THENCE along the arc of said curve through a central angle of 87°25'23", an arc distance of 30.52 feet to a point of reverse curvature on a curve being concave Southerly and having a radius of 425.00 feet, a radial line bearing North 40°15'23" East, said point being on the Northeasterly right of way line of Trevino Drive; THENCE along the said right of way line and along the arc of said curve through a central angle of 44°49'23", an arc distance of 332.48 feet; THENCE South 85026'00" West, 111.13 feet to the beginning of a tangent curve Northerly and having a radius of 175.00 feet; THENCE along the arc of said curve through a central angle of 42*51'31", an arc distance of 130.90 feet to a point of reverse curvature, a radial line bearing South 38'17'31" West, said reverse curve being concave Southerly and having a radius of 7047.49 feet; THENCE along the arc of said curve through a central angle of 00°58' 12", an arc distance of 119.30 feet to a point of reverse curvature, a radial line bearing North 37019' 19" East, said reverse curve being concave Easterly and having a radius of 20.00 feet; THENCE along the arc of said curve through a central angle of 89°35'41 ", an arc distance of 31.27 feet to a point on the Easterly right of way line of Burkemo Drive, said point also being on the Easterly line of said Fountain Hills Arizona, Final Plat No. 403-B, North 36°55'00" East, 69.89 feet from the Southeast corner thereof; THENCE North 36°55'00" East, 260.77 feet to the beginning of a tangent curve being concave Westerly and having a radius of.230.00 feet; THENCE along the arc of said curve through a central angle of 15°21'52", an arc distance of 61.68 feet to a point of cusp with a curve concave to the Northeast and having a radius of 20.00 feet, a radial line bearing North 68°26'52" West; THENCE Southeasterly along the arc of said curve through a central angle of 81 °57'08", an arc distance of 28.61 feet to a point on the Southerly line of said Fountain Hills Arizona, Final Plat No. 403-B; THENCE along said Southerly line, South 60024'00" East, 12.75 feet to the beginning of a tangent curve being concave Northeasterly and having a radius of 185.00 feet; THENCE along the arc of said curve through a central angle of 28°20'00", an arc distance of 91.48 feet; THENCE South 88144'00" East, 99.71 feet to the beginning of a tangent curve being concave Southerly and having a radius of 715.00 feet; THENCE along the arc of said curve through a central angle of 41'34'00", an arc distance of 518.72 feet to a point of reverse curvature, said curve being concave Northerly and having a radius of 20.00 feet, a radial line bearing South 24°50'00" West; THENCE along the arc of said curve through a central angle of 901100'00", an are distance of 31.42 feet to the POINT OF BEGINNING: EXHIBIT Hillside Protection Easement Parcel "A" A portion of said boundary more particularly described below: Beginning at the intersection of Trevino Drive and Burkemo Drive thence North 66 degrees 31 minutes 01 seconds East, a distance of 62.20 feet to a point on said boundary, said point being the POINT OF BEGINNING; thence North 36 degrees 55 minutes 00 seconds East, a distance of 219.18 feet thence departing said boundary; thence South 44 degrees 26 minutes 34 seconds East, a distance of 69.65 feet; thence South 14 degrees 53 minutes 56 seconds West, a distance of 12.80 feet; thence South 85 degrees 31 minutes 27 seconds West, a distance of 59.70 feet; thence South 51 degrees 05 minutes 58 seconds West, a distance of 22.26 feet; thence South 04 degrees 39 minutes 49 seconds East, a distance of 70.66 feet; thence South 15 degrees 55 minutes 21 seconds West, a distance of 87.56 feet; thence South 26 degrees 52 minutes 09 seconds East, a distance of 6.22 feet; thence South 28 degrees 34 minutes 16 seconds East, a distance of 6.97 feet; thence South 24 degrees 34 minutes 55 seconds East, a distance of 16.94 feet; thence South 39 degrees 44 minutes 27 seconds West, a distance of 9.07 feet; to the point of curve of a non tangent curve concave to the southwest, of which the radius point lies South 38 degrees 12 minutes 00 seconds West, a radial distance of 7,057.49 feet; thence northwesterly along the arc, through a central angle of 00 degrees 52 minutes 42 seconds, a distance of 108.19 feet to a point of reverse curve concave to the east having a radius of 20.00 feet and a central angle of 89 degrees 35 minutes 43 seconds; thence northerly along the arc, a distance of 31.27 feet to the POINT OF BEGINNING. Containing 15,829.30 square feet, more or less, subject to all existing easements. 21549 DAVID R. MONTGOMERY EXHIBIT Hillside Protection Easement Parcel `B" A portion of said boundary more particularly described below: Beginning at the northwest corner of said boundary, said point being the POINT OF BEGINNING and the beginning of a curve to the left, of which the radius point lies South 68 degrees 26 minutes 52 seconds East, a radial distance of 20.00 feet; thence southerly along the arc of said boundary, through a central angle of 81 degrees 57 minutes 08 seconds, a distance of 28.61 feet; thence South 60 degrees 24 minutes 00 seconds East, a distance of 12.74 feet; thence continuing along said boundary to a point of curve concave to the north having a radius of 185.00 feet and a central angle of 28 degrees 20 minutes 00 seconds; thence easterly along the arc a distance of 91.48 feet; thence South 88 degrees 44 minutes 00 seconds East, a distance of 99.71 feet; to a point of curve concave to the south having a radius of 715.00 feet and a central angle of 39 degrees 59 minutes 46 seconds; thence easterly along the arc a distance of 499.12 feet; thence departing said boundary North 84 degrees 09 minutes 14 seconds West, a distance of 86.92 feet; thence North 12 degrees 05 minutes 55 seconds West, a distance of 14.37 feet; thence North 70 degrees 19 minutes 51 seconds West, a distance of 57.46 feet; thence North 41 degrees 57 minutes 43 seconds West, a distance of 26.63 feet; thence North 70 degrees 34 minutes 58 seconds West, a distance of 41.74 feet; thence South 19 degrees 25 minutes 02 seconds West, a distance of 10.14 feet; thence North 70 degrees 34 minutes 58 seconds West, a distance of 23.53 feet; thence South 19 degrees 25 minutes 02 seconds West, a distance of 18.10 feet; thence North 75 degrees 54 minutes 45 seconds West, a distance of 28.89 feet; thence North 36 degrees 47 minutes 39 seconds West, a distance of 16.55 feet; thence North 76 degrees 02 minutes 34 seconds West, a distance of 34.73 feet; thence South 88 degrees 39 minutes 46 seconds West, a distance of 38.97 feet; thence North 75 degrees 54 minutes 45 seconds West, a distance of 9.17 feet; thence North 69 degrees 14 minutes 27 seconds West, a distance of 14.60 feet; 21549 DAM R. ` Trevino Parcel `B" Page 2 thence North 02 degrees 32 minutes 48 seconds West, a distance of 11.43 feet; thence South 87 degrees 27 minutes 12 seconds West, a distance of 17.11 feet; thence South 02 degrees 32 minutes 48 seconds East, a distance of 4.21 feet; thence North 88 degrees 04 minutes 15 seconds West, a distance of 77.47 feet; thence North 86 degrees 00 minutes 43 seconds West, a distance of 22.65 feet; thence South 86 degrees 18 minutes 40 seconds West, a distance of 76.29 feet; thence North 05 degrees 41 minutes 51 seconds West, a distance of 33.64 feet; thence South 87 degrees 21 minutes 23 seconds West, a distance of 86.56 feet; thence North 48 degrees 49 minutes 41 seconds West, a distance of 67.29 feet to a point on said boundary; thence North 36 degrees 55 minutes 00 seconds East, a distance of 11.56 feet; to a point of curve concave to the west having a radius of 230.00 feet and a central angle of 15 degrees 21 minutes 52 seconds; thence northeasterly along the arc a distance of 61.68 feet to the POINT OF BEGINNING. Containing 43,105.11 square feet, more or less, subject to all existing easements. k (J 21549 DAVID R. 4� MONTGO EERY EXHIBIT Hillside Protection Easement Parcel "C" A portion of said boundary more particularly described below: Beginning at the northeast corner of said boundary; thence South 42 degrees 50 minutes 00 seconds West, a distance of 131.72 feet to the POINT OF BEGINNING; thence South 42 degrees 50 minutes 00 seconds West, a distance of 18.00 feet; thence South 49 degrees 36 minutes 31 seconds West, a distance of 101.58 feet; thence South 42 degrees 45 minutes 01 seconds West, a distance of 65.91 feet; to a point of curve to the right having a radius of 20.00 feet and a central angle of 03 degrees 22 minutes 04 seconds; thence southwesterly along the arc a distance of 1.18 feet to the POINT OF BEGINNING; thence North 19 degrees 28 minutes 30 seconds East, a distance of 155.43 feet; thence South 77 degrees 37 minutes 56 seconds East, a distance of 85.33 feet; Containing 6,283.22 square feet, more or less, subject to all existing easements. 21549 ` DAVID F. M01 GOMERY f. G-f3-a�• ��=red. •' •, � JtIUtry B, �s TOWN OF FOUNTAIN HILLS ' COMMUNITY DEVELOPMENT DEPARTMENT ?RELIMINARY. P"VAPPLICATI ON r Date Filed 1 // v Z— Fee Paid Acce tefi By Plat Name/Number l A-7--,,LET t\j,uj, Parcel Size ,7sZ tZpss�� S Number of Lots Number of TrOQE Zoning General Plan LanDesignation r I Density Requested (Dwelling Units Per Acre) Applicant (GN EI CARL E;c;MM4P-ITo Address N/4 �f'zt oTLsc. i 1/100 5. SgEA )caner � Addr ss Attachments (Please list) A-LL A1A1A6e� F?, City F N. IEW Day Phone 8�37-`�300 ST Zip g"52� Day Phone ;02-315-3362- ST ip525�8 Signature of Ow r I ' ERBY AUTHORIZ (Please Print) 510 Date E2 e�JC--, 1�/Io row TO FILE THIS APPLICATION. I I Subscribed and sworn before me this �7,� day of My Commi Notary Public ^„^. Fee Schedule Attached HARRIET KOSMITIS Notary Public • State of Arizona MARICOPA COUNTY My Comm. expires Anz 22 2nr TFH Case Number EXHIBIT "B" PROPOSED ALTERNATIVE HILLSIDE PRESERVATION REQUIREMENT FOR TREVINO BUSINESS CENTER INTRODUCTIONBACKGROUND INFORMATION The proposed Trevino Business Center consists of platting of undeveloped land at the northwest corner of Saguaro Blvd. and Trevino Drive in Fountain Hills, Arizona. The proposed development is approximately 5.5 acres in size. The property is bounded by Trevino Drive to the south, Saguaro Drive to the east, Burkemo Drive to the west, and residential lots to the north. The adjacent land use zoning and/or development in the area consists of Rl-8 to the north, multi -family to the east, RI-35 to the west, and C-1 to the south. PROPOSED METHODOLOGY One of the key considerations of this proposed alternative method of "Preservation Requirement" is a buffer zone at residential zoning districts adjacent to the east, north and west boundaries of the site. The C-1 zoning requirements for this site require a 10- foot building setback along the north side and 25 foot along the east and west sides. Therefore, site grading and vegetation disturbance could occur right up to the property line. If this were to occur there would be virtually no natural, or otherwise, "buffer" between the single-family zoned properties and this proposed commercial development. The land use zoning of the remaining adjacent properties along Saguaro Drive and Trevino Drive are more similar and compatible with the zoning of this development. Therefore there is much less concern for providing buffering along these areas of the site as compared to the residential land use. As a result, GMCAR, LLC, the developer and applicant, is proposing to create and designate a natural open space area along the entire northern and western boundaries (less a strip of land for a drainage easement) plus a portion of the east boundary of the site. This open space area is proposed to be designated as separate Hillside Protection Easements at areas "A" "B" AND "C". Areas "A" `B" and "C" would serve as the total "Preservation Requirement" for the entire Trevino Business Center. Some of the benefits of this proposed alternative preservation method are as follows: • All of the natural vegetation and topography within the proposed Hillside Protection Easements will be preserved. • The current building setback requirements do not guarantee preservation of the natural vegetation and topography along the north, east and west sides of the site. • This proposed method concentrates all of the preservation area in three large masses, where as the general Section 504 Hillside Disturbance requirement would create much smaller and segregated pockets of preservation area throughout the subdivision. • This proposed method would provide a natural vegetative buffer strip ranging in width from 23 feet to more the 85 feet along adjacent residential zoning areas providing a natural area buffer that is larger than the 10 foot and 25 foot building setbacks. • This proposed method provides the maximum buffer area for the single family residential properties along the north and west sides of the subject site. • Using the standard preservation requirement, approximately 62,574 square feet of land in total would be required for preservation. This alternative method would provide approximately 65,217 square feet of preservation or approximately 2643 more square feet of land area preserved in total. CONCLUSION In conclusion, it is believed that this proposed Alternative Hillside Preservation method will provide more total preservation area and strategically locate a much larger natural open space buffer strip along the northern, western, and eastern boundaries of the site where residential zoning is adjacent to this site. This method will have a greater benefit to the nearby residents. I& $a _= map d� C� Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular:® Meeting Date: 06/ 1 9103 Contact Person: Denise Ruhling, Planner Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit 0 Other: Initiation of Amendment to Sign Ordinance Council Prioritv (Check AAnronrlate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Rejzular Agenda Wording: Discussion with direction to staff regarding initiation of amendments to the SIGN ORDINANCE Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On May 1, 2003, the Town Council approved Ordinance #03- 07 amending chapter 6 of the Zoning Ordinance pertaining to Sign Regulations. During discussion of the ordinance the Council directed staff to draft an amendment to provide regulations on A -Frame signs. Attached you will find the regulations for A -Frame signs as proposed by staff. The purpose of this presentation is to provide discussion and direction to staff on these proposed regulations. List All Attachments as Follows: Staff Report, A -Frame sign regulations. Type(s) of Presentation: Signatures of Submitting Staff: De rtment Head c/ Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Honorable Mayor and Town Council DT: June 5, 2003 FR: Denise Ruhling, Plannep=,—)F—_ RE: Possible Amendments to the Sign Ordinance A -Frame Signs: On May 1, 2003, the Town council approved Ordinance #03-07 amending Chapter 6 of the Zoning Ordinance pertaining to Sign Regulations. During discussion of the ordinance the Council directed staff to draft an amendment to provide regulations on A -Frame Signs. Attached is staff recommendation for A -Frame Sign regulations. These regulations limit the number of signs to one per business; require a permit; and outline placement and design requirements. Staff is requesting your input and direction on these requirements. Neon: At the time of the adoption as stated above the Town Council directed staff to eliminate neon signs as an allowed use. Staff is requesting that Town Council revisit the idea of neon as an allowed use. The original proposal was to allow neon as follows: a) As part of a wall sign. b) For window signage a maximum size of four (4) square feet. Staff proposes that neon as part of a wall sign be eliminated but that neon be allowed as stated in (b) above. Thus allowing businesses the flexibility to use neon in window signage. The majority of the businesses that have contacted staff have indicated that the only neon they are asking for is to be used as an open sign. While it is true that we would not be regulating the content the size allowed is not conducive to being used as a main part of their advertising. Town of Fountain Hills A -Frame Sign Regulations All businesses which do not front Shea Boulevard, Palisades Boulevard, Fountain Hills Boulevard or Saguaro Boulevard (including frontage road) will be allowed to display A -Frame signs with a valid permit. Permit numbers are required on each sign, in the upper left-hand corner of the exterior face of the sign. Businesses, which operate from a home or residential complex, are not permitted to use A -Frame signs, except for real estate A -Frame signs, which fall under different regulations. In'" case shall an A -Frame sign be allowed on Shea Boulevard. The maximum size of an A -Frame sign is 32 inches wide and 36 inches tall. All signs shall be professionally manufactured, maintained in good repair, and no attachments to the signs are permitted. In addition, all signs shall he removed fr6 the site upon close of business each day (or sunset whichever occurs first). For pedestrian safety and ADA compliance all businesses will be required to maintain a pedestrian walkway minimum of four (4 unobstructed sidewalk clearance from the outer edge of the sign and outer edge of the sid� k. Landscaping cannot be modified or damaged to accommodate an A -Frame sign. GUIDELINES FOR DISPLAY: • Number of Signs Permitted: One per business. • Permitted Location: Sign may be placed in any commercial area (except on Shea Boulevard). Signs may not be located within right-of-ways or on Town property. Signs located off premise (property owned by entity other than the applicant) require a notarized letter of authorization and placement from property owner. A -Frame signs are not allowed on Shea Boulevard. • Signs shall not be located within 300 linear f t, along the same roadway, as measured along the public right-of-way line(s), of anottir sign bearing the same or substantially the same message. • Signs shall not be located more than one mile; as measured along the public street right of way lines, of the destination to which such sign is directing traffic. • Clear Vision Area: No sign shall be located ds to pose a traffic vision hazard (i.e. located within the sight triangle as d f e k�� t e is of Fountain Hills Subdivision Ordinance Section III, Exhibit 16). s • Size: No sign may be gr ter than 32 inches ide and 36 inches tall. • Construction Specification: Sigps must be professionally manufactured. • Maintenance and Appearance: All signs shall be in good repair and neatly painted. No attachments to signs are permitted. • Landscaping: Alteration f landscaping in any manner is strictly prohibited. • Display Times: A-Fram played during non -business hours or between sunset and sunri • Permit Number Display. - rame signs ust be permitted and display the required permit sticker in the upper right hand corner of the sign. • Placement Design: A map showing placement of sign must be provided at time of application and strictly adhered to. • Required Documents: If a sign is to be located off -premise a notarized letter of authorization of placement must be obtained from the property owner and submitted at time of application to the Town. TAIN p 1, q �tbat is AP"" 1. Property Address of Displa 2. Is property located in a Cor 3. Will sign be located off—p ❑ Yes ❑ No If yes, please attach AL a. Notarized Letter c 4. Property Owner: 5. Mailing Address: 6. City/State/Zip: 7. Business Name: 8. Business Address: Town of Fountain Hills Community Development 16836 E. Palisades Boulevard PO Box 17958 Fountain Hills, Arizona 85269 480-837-2003 A -Frame Sign Application ial Zoning D of the 9. Business Phone: 10. Contact Person: 11. City Business License Number, I hereby certify that the informatiorn this that the applicable requirements of the Town herby rendered that no work is to b the applicable codes. I understand ft-1. Applicant Signature: ? Yes No application: lent from property owner. furnished by me, is true and correct and n Hills will be met. Certification is ;ribed, and that all work shall conform to e valid for 12 months from date of issue. For Town Staff Use Only Sign Permit #: $ Total Permit Fees Paid $ Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Town Manager Consent:❑ Regular.® Meeting Date: 6/19/03 Contact Persons Tim Pickering Requesting Action:;® Type df Ilc +¢�um�ent Needing Uprav l' (Cheek all thiiC apply): ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Contract Council Priority jheck Apprcateas) ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development emergency services. ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Consideration of approving the annual RURAL METRO CONTRACT for fire and Approve Yes $2,283,480 Purr sel%' G eitn and B clt round Information The existing Rural Metro Contract allows the Town to extend the contract for one year commencing July 1, 2003, through June 30, 2004. Due to the possible establishment of a fire district, Rural Metro, as well as Town staff, are cautious to extend this contract beyond this point. The agreement may be terminated wihtout cause or for lack of funding with 90-day notice, and for cause with a 30-day notice. Approval of the amendment to extend Rural Metro's existing agreement is recommended. Memo from Town Manager, copy of contract Twe(n oral Department Head Town Manager / Designee e:\agenda cover sheet\ruralmetro contract.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: June 11, 2003 Council FR: Tim Pickering, Town Manager /,,� Fire Protection and Emergency Medical Services Contract with Rural Metro The staff recommends approval of the attached amendment to the existing Rural Metro agreement. The current agreement was negotiated by RTE, Inc. (Bob Edwards). Rural Metro and I negotiated the amendment. I have also reviewed Scottsdale and Paradise Valley agreements for comparison purposes. SERVICES PROVIDED This contract provides for all fire suppression, hazardous material incident control, advanced life support and fire prevention, including fire and life safety in all schools, as well as fire code administration, including new construction code compliance. Rural Metro has agreed to continue to provide emergency medical services on the basis of reimbursements from insurance coverage for Fountain Hills residents receiving this service. In addition, Rural Metro will provide all necessary fire training as required by the State Fire Marshal, national Fire Protection Administration (NFPA), and Insurance Services Office (ISO) standards, and call receiving and dispatching by the Rural Metro communications center. The agreement amendment also allows Fountain Hills to continue to be connected to Scottsdale's automatic aid system. According to monthly reports provided by Rural Metro, service calls focus on two major areas: snake calls and e.m.s. runs. Over the recent six-month period from November 2002 to April 2003, service calls for snake removal and lockouts equaled 36% of the call volume, while emergency medical service (e.m.$) calls equaled 51% of the volume. Other types of calls included handling traffic accidents and hazardous materials emergencies. COST The cost of the FY 2003-2004 contract is $2,283,480 or only $7,808 more than the previous fiscal year. This is possible due to the reduction in administrative overhead. It will have no affect on life safety or emergency medical services. By leaving the Assistant Chief position vacant and keeping the reassigned duties as they exist today for the upcoming fiscal year and eliminating the secretarial position, the Town is able to save $105,975. With the defeat of Proposition 400, the Town needs to be financially prudent. EXTENSION AND CANCELLATION The existing contract allows the Town to extend the contract for one year commencing July 1, 2003, through June 30, 2004. Due to the possible establishment of a fire district, Rural Metro, as well as the Town staff is cautious to extend the contract beyond this point. The agreement may be terminated without cause or for lack of funding with 90-day notice, and for cause with a 30- day notice. WHAT THE TOWN FURNISHES The Town will furnish buildings and equipment, and provide building maintenance for such things as HVAC, parking, and landscaping. Rural Metro will provide utilities, daily maintenance, telephone service, and perform vehicle maintenance. Rural Metro will maintain all Town owned fire and emergency medical apparatus and equipment with the Town paying Rural Metro 10% per item on repairs. I recommend a motion to approve the amendment extending Rural Metro's agreement. The Town Attorney has reviewed the contract and amendment. Should you have any questions please do not hesitate to contact me. C: Julie Ghetti, Accounting Supervisor Fire Chief Mark Zimmerman Tpickering/tgp/my documents/fireagreement.doc/6/11/03 AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS, ARIZONA AND RURAL/METRO CORPORATION, AN ARIZONA CORPORATION DATED 7-01-2002 y This Amendment, dated this day of 2003, between the Town of Fountain Hills (Fountain Hills) and the Rural/Metro Corporation (Rural Metro), in consideration of the mutual undertakings and promises and the further performance of the Agreement between the parties dated July 1st, 2002, hereby amends said agreement of 7-1-2002, and any previous amendments of the Articles referenced in this amendment of said agreement as follows: (1) The parties mutually agree to extend the Agreement for one (1) year. (2) That the payment by Fountain Hills to Rural/Metro for the 12 month period beginning July 1, 2003, and continuing through June 30, 2004, will be $2,283,480.00 payable in twelve (12) equal monthly installments of $190,290. This amount reflects a five (5) percent increase for payroll and benefits, minus the elimination of the secretary position. The parties have agree to leave the Assistant Chief position vacant during the term of the agreement, with a corresponding reduction in cost. (3) That the parties agree that the Fountain Hills Rural/Metro Fire Chief and the Town Manager, or his designee, will meet on a quarterly basis to perform a thorough review of the reports required in the agreement and to discuss performance and/or contract issues. Rural/Metro Corporation Tov -!�p By: By: Its:Its: FROM :RURAL -METRO FIRE OPERATIONS FAX NO. :4eO6276466 jUIY-1e-e4uV) 1o;od IUWN OF FOUNTAIN HILLS Jun. 12 2003 12:06PM P2 4342 P.24/94 A.MMENDMENT TO AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS, ARIZONA AND RURAiJMETRO CORPORATION, AN ARIZONA CORPORATION DATED 7-01-2002 This Amendment, dated this dayof `:�%Z , 2003, between the Town of Fountain Hills (Fountain Hills) and the RuraWetro Corpnration (Rural Metro), in consideration of the mutual undertakings and promises and the further performance of the Agreement between the parties dated July 1st, 2002, hereby amends said agreement of 7-1-2002, and any previous amendments of the Articles referenced in this amendment of said agreement as follows: (1) The parties mutually agree to extend the Agreement for one (1) year. (2) That the payment by Fountain Hills to Rur.,%VMetro for the 12 month period beginning July.], 2003, and continuing through June 30, 2004, will be $2,283,480.00 payable in twelve (12) equal monthly installments of $190,290. This amount reflects a five (5) percent increase for payroll and benefits, minus the elimination of the secretary position. The parties have Agree to leave the Assiswnt Chief position vacant during the term of the agreement, with a corresponding reduction in cost. (3) That the parties agree that the Fountain Hills Rural/Metro Fire Chief and the Town Manager, or his designee, will meet on a quarterly basis to perform a thorough review of the reports required in the agreement and to discuss performance and/or contract issues. Rural/Metro Corporation Ey: Its: Tom Its: TOTAL P.04 FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN The Town of Fountain Hills, Arizona AND Rural/Metro Corporation, an Arizona Corporation 2 V-5 TABLE OF CONTENTS Article I General Responsibilities, Obligations and Duties of Rural/Metro Fire Department, Inc. Article 11 Term, Termination and Consideration Article III Fire Stations, Maintenance and Expenses Article IV Fire Apparatus and Equipment Ownership, Maintenance and Replacement Requirements Article V Confidentiality Article VI Mutual Aid, Insurance and Indemnifications Article VII Ambulance Article VIII Miscellaneous Appendix A Primary Service Area Appendix B Incident Response Appendix C Fire Code Appendix D Standards for Training Appendix E Manpower Appendix F Required Reports Appendix G Response Times Appendix H Major Defaults Appendix I Initial Vehicles and Equipment 3 V-5 FIRE PROTECTION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ��day ofI S 2002, by and between The Town of Fountain Hills, and Rural/Metro - Corporation ("Rural/Metro"), an Arizona corporation, effective as of July 1, 2002 (the "Effective Date"). RECITALS: A. The Town of Fountain Hills is a municipality created and existing under the laws of the State of Arizona. B. The Town of Fountain Hills desires to provide for fire protection and related fire services to its citizens. C. The Town of Fountain Hills also desires to provide emergency medical services to the community. D. Rural/Metro is in the business of furnishing fire protection services, as well as emergency medical services. E. Rural/Metro desires to provide to The Town of Fountain Hills fire and emergency medical services. F. The Town of Fountain Hills desires to enter into an agreement with Rural/Metro whereby Rural/Metro will provide the community with fire and emergency related services to be undertaken in accordance with the responsibilities set forth in this Agreement. 4 V-5 NOW THEREFORE, in consideration of the mutual undertakings and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I GENERAL RESPONSIBILITIES, OBLIGATIONS AND DUTIES OF RURAL/METRO FIRE DEPARTMENT INC. 1.1 Fire and Emergency Related Activities. In its primary service area as defined in Appendix "A", Rural/Metro and its personnel shall be trained and equipped to perform, and shall use its best efforts to perform the following fire and emergency related activities: a. Fire suppression activities relating to structures and buildings of whatever kind, brush fires, trash fires, or any other kind of fire of whatever nature. b. Provide first responder response to Hazardous Materials incidents, including but not limited to chlorine leaks, LPG leaks, pesticide leaks, highway accidents with unknown hazardous materials involved, etc. Rural/Metro shall have the right to seek reimbursement from property owners for the cost to replace disposable and durable equipment used to mitigate a hazardous materials incident. c. Advanced life support to all emergency medical requests or incidents. All full-time personnel responding to an emergency medical request or incident shall be at minimum of State certified Emergency Medical Technicians. d. Respond to and use its best efforts to perform all emergency and non -emergency services set forth in Appendix "B". e. Fire prevention activities including code compliance inspection activities to existing occupancies, as adopted by The Town of Fountain Hills as set forth in Appendix "C". f. Conducting master plan review function as required by The Town of Fountain Hills. g. Rural/Metro shall be responsible for a community -wide fire prevention education program to include public education activities to the community served by The Town of Fountain Hills. Public education activities shall at a minimum include, but not be limited to: fire prevention week activities, junior fire setter program, providing CPR certification courses to residents, and providing Fire and Life Safety Education to all schools serving the The Town of Fountain Hills area. h. Shall conduct inspections of new construction as required by The Town of Fountain Hills of all new fire protection systems, including, 5 V-5 but not limited to sprinkler systems, alarm systems, etc. Rural/Metro shall be responsible for assuring all fire protection Certificate of Occupancy requirements are met prior to Rural/Metro signing off on the Certificate of Occupancy. i. Make available to The Town of Fountain Hills residents fire safety reviews such as is customarily offered by Fire Departments. j. Enforce the Fire Prevention Code and other fire related ordinances as set forth by the State of Arizona and/or The Town of Fountain Hills. k. Perform arson investigations. 1.2 Training. a. Rural/Metro shall be required to maintain training levels consistent with the Arizona State Fire Marshal's Office standards, as amended from time to time, and with the recommendations set forth by the National Fire Protection Association, as amended from time to time, as defined in Appendix "D". Where a conflict exists between the above two authorities, the most stringent requirements will apply. b. Rural/Metro shall provide all in-service training necessary to the performance of this Agreement. Rural/Metro shall provide a minimum of 240 hours of training to each of the full-time firefighters not on disability. Training levels at all times will meet or exceed NFPA 1001 and/or ISO 1980 standards. All policy and procedure manuals used in connection with this training shall be available to The Town of Fountain Hills, for its inspection and review and shall be updated on a regular basis. c. All shift -qualified firefighters shall hold the Arizona Firefighter II level of certification or better and State Emergency Medical Technician certification. Rural/Metro may, when a vacancy occurs, hire a Firefighter from another state who has achieved NFPA 1001 and Emergency Medical Technical certification. That individual must, within one (1) year of hire date, be certified as Arizona Firefighter 11. 1.3 Response. Rural/Metro shall respond to all calls set forth in Appendix "B" which originate in the primary service areas set forth in Appendix "A". 1.4 Communication Center. Rural/Metro shall, for the term of this Agreement, include the services of its present Communication Center. The Communication Center shall be equipped with U.L. approved equipment and be adequately staffed to receive fire and emergency related calls from the community, and shall dispatch the necessary emergency related vehicles in response to those calls. The equipment and staffing shall at all times be sufficient to handle predictable call volumes and demand fluctuations. a. All incoming telephone lines used by the public to request service, ring -down lines, and radio channels used to communicate with field G V-5 units shall be recorded at all times and capable of simultaneously recording and electronically time -stamping all such communications. The Communication Center shall retain all such recordings for a period of not less than six (6) months, and shall make available such recordings to The Town of Fountain Hills within three (3) business days of the request. b. Communication Center dispatch times of apparatus shall be measured and dispatch performance criteria met. A dispatch performance criterion is defined as requiring ninety percent (90%) of all emergency call dispatches to be completed within sixty (60) seconds. The dispatch time shall be measured from the point at which the emergency information is in queue (the time the address of the incident is identified) in the "call waiting section" of the Computer Aid Dispatch System (CAD), to the point at which the dispatcher initiates radio notification to the apparatus assigned to the response. Any dispatch taking more than sixty (60) seconds to complete shall be documented, and reports shall be available to The Town of Fountain Hills. 1.5 Fire and Emergency Related Equipment Assignments. Fire and emergency related equipment provided pursuant to this Agreement shall be stationed in and assigned to specific stations in the primary service area as set forth in Appendix "A". It is specifically understood and agreed between the parties hereto that Rural/Metro may in the event of emergency, provide the equipment assigned to the primary area to other areas for mutual aid responses to other surrounding communities as long as fire protection service to the Town is not adversely impacted. Rural/Metro will make move ups of fire and emergency medical equipment, as long as units are available to do so, when an area in the primary service area is left without adequate coverage because of a response by the equipment assigned to that area. The move up shall be made immediately after the dispatch of the units in the area left without adequate coverage. (Automatic Aid) 1.6 Personnel. During the term of this Agreement, personnel shall be provided for as set forth in Appendix "E". In the event of sick, vacation, industrial injuries and other times of absence of full-time staff, positions may be filled by part-time shift qualified personnel. a. Exceptions to manning levels. In no event shall there be less than ninety-five percent (95%) on a daily basis of firefighting positions (shift personnel) on duty at all times. Manning levels must be brought up to full strength within twelve (12) hours. b. Support Staffing Positions. In addition to the positions set forth in Appendix "E", Rural/Metro shall provide additional chief officers and manpower adequate to provide routine clerical, accounting, payroll, and such other functions as are elsewhere delineated in this Agreement. 7 V-5 1.7 Required Reports. Rural/Metro shall be responsible for assembling and recording all performance based statistics and any other report required pursuant to this Agreement. All reports, with the exception of the annual report, will be made available on a monthly basis, and must be completed and made available to The Town of Fountain Hills within fifteen (15) calendar days after the end of each month. The reports that are required monthly pursuant to this Agreement are shown in Appendix "P. The Town of Fountain Hills reserves the right to audit Rural/Metro's contract compliance and emergency operations performance records within seven (7) business days of written request. 1.8 Annual Reports. An annual report shall be filed with The Town of Fountain Hills by September 1st for each year that this Agreement is in effect. The annual report shall include, but not be limited to, a description of the prior fiscal year's goals and objectives of Rural/Metro as it relates to fire operations, fire prevention, and public education. 1.9 Response Time. Throughout the term of this Agreement, Rural/Metro's response time on all Code 3 calls, which originate from within the primary service area, shall meet the requirements as set forth in Appendix "A" and "G". 8 v-5 ARTICLE I1 TERM, TERMINATION AND CONSIDERATION 2.1 Term. The term of this Agreement shall be for a period of twelve (12) months commencing on the 1 st day of July 2002, and terminating June 30, 2003. Upon written approval by both parties, this agreement can be extended for one (1) year commencing July 1, 2003 through June 30, 2004 with updated terms. 2.2 Termination. Either party may, notwithstanding any of the provisions of this Agreement, terminate this Agreement for convenience upon ninety (90) days notice. In addition, The Town of Fountain Hills may terminate this Agreement in accordance with the provisions of Section 2.3 or 2.4. 2.3 Termination For Convenience or Lack of Funding. In the event that The Town of Fountain Hills does not fund a fire department or otherwise provide for the provision of fire protection services for its citizens in any fiscal year, either party may terminate this Agreement upon giving ninety (90) days written notice. In such event or if this Agreement is terminated by The Town of Fountain Hills for convenience pursuant to Section 2.2 above, The Town of Fountain Hills shall pay to Rural/Metro any amounts due and owing for services provided pursuant to this Agreement through the effective date of termination. 2.4 Termination For Cause. The Town of Fountain Hills may terminate this Agreement for cause in accordance with the following procedures: a. Procedure in the Event of a Major Default. If a major default, as set forth in Appendix "H" occurs, The Town of Fountain Hills shall give Rural/Metro written notice of such major default within seven (7) business days of its discovery. Rural/Metro shall then have thirty (30) days to correct that default or provide The Town of Fountain Hills an acceptable plan to correct the major default. If in the reasonable opinion of The Town of Fountain Hills, the major default has been corrected or the plan to correct such major default is deemed acceptable within that thirty -day period, then the Agreement shall continue. If in the reasonable opinion of The Town of Fountain Hills, the major default has not been corrected or the plan to correct is unacceptable, The Town of Fountain Hills may terminate this Agreement upon giving not less than thirty (30) days written notice to Rural/Metro. If Rural/Metro does not agree with the opinion of The Town of Fountain Hills, then the decision on determining if the major default has been corrected will be made by an arbitrator mutually agreed upon by The Town of Fountain Hills and Rural/Metro pursuant to the Commercial Rules of the American Arbitration Association. 9 V-5 b. Procedure in the Event of Other Violations. Violations of this contract, including, but not limited to, failure by Rural/Metro to materially perform any covenant, condition or agreement to be performed by it pursuant to this Agreement, not listed, as major defaults in Appendix "H", shall be remedied within thirty (30) days of written notification from The Town of Fountain Hills. Any violation left uncorrected for more than thirty (30) days after written notification may be declared a Major Default and the procedures set forth above shall apply. c. Five Major Defaults. The Town of Fountain Hills, at its option, may also terminate this Agreement upon giving not less than thirty (30) days notice if five (5) or more Major Defaults occur within any consecutive twelve (12) month period. 2.5 Non-payment by The Town of Fountain Hills. Rural/Metro shall have the right, upon thirty (30) days written notice, to cease service as required by this Agreement in the event The Town of Fountain Hills fails to pay the compensation as provided for under this Agreement, when due. The Town of Fountain Hills further relieves and releases Rural/Metro of any liability for any losses, liabilities, costs and claims occurring during such time Rural/Metro has ceased services as provided herein. Notwithstanding the above, Rural/Metro reserves all other rights and legal remedies which may be available to it. 2.6 Consideration. For the performance of services set forth in the Agreement, The Town of Fountain Hills shall pay Rural/Metro Two Million Two Hundred Seventy Five Thousand Six Hundred and Seventy Two dollars ($2,275,672.00) for the twelve (12) month period commencing upon the Effective Date. The parties shall mutually agree in writing upon the consideration for additional years of this Agreement. Said amount shall be paid in twelve (12) equal monthly installments of One Hundred Eighty Nine Thousand Six Hundred Thirty Nine dollars ($189,639.00) on or before the 10`" of each month for which service is provided with the first payment due within 10 days after the Effective Date. 2.7 Increased Compensation and Services. The Contract price will be adjusted as follows: a. Additions or deletions of manpower, equipment, stations, service areas, types of service, etc. during the term of this Agreement will be mutually agreed upon in writing and added to this Agreement; b. In the event of an unusual circumstance, insurance market collapse, etc., Rural/Metro retains the right to document and request an adjusted increase for a specific item such as insurance. The Town of Fountain Hills retains sole authority to approve or disapprove that request. m M ARTICLE III FIRE STATIONS, MAINTENANCE AND EXPENSES 3.1 Fire Stations. The Manager of the Town of Fountain Hills shall provide, for Rural/Metro's use, fire stations in the primary service area as indicated under Appendix "A". 3.2 Structural Changes. Rural/Metro may not make any structural changes to The Town of Fountain Hills owned fire stations without the express prior written approval of The Town of Fountain Hills. All structural changes shall be at Rural/Metro's sole expense unless The Town of Fountain Hills and Rural/Metro agree otherwise in writing. 3.3 Building Maintenance. Except as set forth in Section 3.4, The Town of Fountain Hills shall be responsible for all maintenance of The Town of Fountain Hills owned fire stations and station grounds. The Town of Fountain Hills shall be responsible for such items as, but not limited to, major building repairs, air conditioning and heating, electrical repairs, parking lot, and providing plants for landscaping. In the event Rural/Metro desires upgrades on station equipment or landscaping, such upgrades shall be at Rural/Metro's expense. 3.4 Daily Maintenance. Rural/Metro shall be responsible for daily maintenance including pest control, upkeep of the interior of the station, station grounds, including mowing and trimming, landscaping upkeep, minor repairs of premises, and custodial and housekeeping services. 3.5 Utilities. Rural/Metro shall be responsible for the cost of all utilities at all fire stations provided by The Town of Fountain Hills. 3.6 Telephone Service. Rural/Metro shall be responsible for the cost of the monthly telephone service used at all fire stations. The Town shall have the right to install, at its own expense, telecommunication and/or computer equipment to enhance connectivity between the fire stations and the Town. 3.7 Damage or Destruction. Rural/Metro agrees to notify The Town of Fountain Hills of any fire or other damage that occurs to any fire station or station grounds provided to Rural/Metro by The Town of Fountain Hills. Such notice shall be given within twenty four (24) hours of such fire or other damage. Any such damage, which occurs due to the sole negligence of Rural/Metro, its employees or contractors, shall be repaired at the expense of Rural/Metro. 3.8 Access to Facilities. Rural/Metro shall permit The Town of Fountain Hills, its agents, and employees to have access to and to enter any Town owned fire f� stations at all reasonable times for the purpose of conducting maintenance or 11 V-5 alterations, or to inspect the facility for any purpose connected with The Town of Fountain Hills duties relative to the repairs, improvements, care and maintenance of the facility or for any other purpose reasonably connected with interest as provider of the facility. 3.9 Preventative Maintenance. Rural/Metro and The Town of Fountain Hills shall each establish and maintain a comprehensive preventative maintenance program for fire stations and grounds under their areas of responsibility. 3.10 Return of Property Upon Termination. Upon termination of this Agreement by either party for any reason, all building and grounds shall be returned to The Town of Fountain Hills in the same condition as they were in at the execution of this Agreement except for structural changes properly made under 3.2 herein, non-structural changes and except for normal wear and tear and casualty caused by force majure events.3.11 Fuel. The Town of Fountain Hills shall be responsible for purchasing fuel for the fire and emergency vehicles. 12 V-5 ARTICLE IV FIRE APPARATUS AND EQUIPMENT OWNERSHIP MAINTENANCE AND REPLACEMENT REQUIREMENTS 4.1 Fire and Emergency Equipment Requirements and Responsibilities. The Town of Fountain Hills shall provide all fire and emergency medical response vehicles and related equipment. The fire and emergency medical response vehicles and equipment to be provided are listed in Appendix "I". Additional agreements of purchases are outlined in Article 4.2. In addition to the items listed in Appendix "I", The Town of Fountain Hills shall be responsible for providing and purchasing the following miscellaneous fire and emergency related equipment: a. Miscellaneous Fire and Emergency Equipment. The Town of Fountain Hills shall be responsible for the equipping and purchasing of all miscellaneous fire and emergency -related equipment following the most recent NFPA recommended standards, as may be amended from time to time. The equipment shall include, but be limited to, nozzles, deluge apparatus, entry tools, hose accessories, first aid kits, oxygen, rescue tools, suction units and other equipment needed to perform E.M.T. services outlined in this Agreement. Additional agreements of purchases are outlined in Article 4. 2. b. Rural/Metro shall provide all emergency medical supplies. 4.2 Fire Stations. The Town of Fountain Hills shall purchase fixtures, appliances and furnishings reasonably needed in the daily operation of the fire stations. 4.3 Emergency Communications Equipment. Rural/Metro shall purchase, install and maintain the needed emergency communications for all fire apparatus or emergency vehicles, The Town of Fountain Hills will provide the portable radios. All fire stations and vehicles shall be equipped with radios on Rural/Metro's frequency. 4.4 Air Compressors and Generators. The Town of Fountain Hills shall be responsible for the purchase of all air compressors and emergency power generators located at The Town of Fountain Hills owned fire stations. Rural/Metro shall be responsible for air quality testing of the air compressors. 4.5 Fire and Emergency Apparatus Purchasing and Procedures. When in the opinion of Rural/Metro and The Town of Fountain Hills, it is advisable to purchase additional fire, emergency and staff apparatus or vehicles, Rural/Metro and The 13 V-5 Town of Fountain Hills shall mutually agree upon such purchase and The Town of Fountain Hills shall pay for such purchase. During the term of this Agreement, Rural/Metro shall follow The Town of Fountain Hills's budgetary process when requesting the purchase of new apparatus for any upcoming fiscal year. Rural/Metro shall provide all necessary documentation, meet all filing deadlines, and have personnel available for all presentations during this budgetary process. 4.6 Maintenance of Apparatus and Equipment. Rural/Metro shall maintain all The Town of Fountain Hills owned fire and emergency medical apparatus and equipment. The Town of Fountain Hills will pay Rural/Metro cost of parts plus 10% per item on repairs and will be invoiced on a monthly basis. Supporting documentation of work performed and parts purchased will be included with the monthly invoice, except any repairs resulting from neglect or Rural/Metro will pay for misuse by Rural/Metro. 4.7 Long Term Planning. By July 1 of each year Rural/Metro will provide to The Town of Fountain Hills a three-year operational plan. In each subsequent year, the three-year plan will be updated. 14 V-5 ARTICLE V CONFIDENTIALITY Confidential Information. From and after the date hereof, neither party hereto will reveal, divulge or make known to any person, firm or corporation any Confidential Information (as hereinafter defined) obtained by such party during the term of this Agreement. "Confidential Information" includes, but is not limited to: financial information; audited and unaudited financial reports; operational budgets and strategies; methods of operation; strategic plans; business methods, practices or plans; marketing plans and strategies; management systems programs; computer systems; personnel and compensation information and payroll data; insurance data and loss history, educational and training materials; and other such reports, documents or information. Upon termination of this Agreement, or at any time a party may so request, the other party shall turn over to the requesting party all notes, memoranda, notebooks, or other records or documents delivered to it by the requesting party concerning any Confidential Information, including any copies in its possession (and any computer print-outs, computer tapes, floppy disks, cd-roms, etc.), it being agreed that such Confidential Information is the property of the other party. "Confidential Information" does not include any information that (i) is already lawfully in the possession of or known by a party before receiving the information; (ii) is or becomes publicly known through no violation of this Agreement; (iii) is lawfully received by a party from any third party without restriction on disclosure or use; (iv) is independently developed without violating this Agreement by a party's employees who have not had access to any of the Confidential Information; (v) is required to be disclosed by court order following notice sufficient to allow the party to contest such order; or (vi) is expressly approved in writing, by a party's General Counsel, for release or other use by the party. The provisions of this paragraph shall survive the termination of this Agreement. 15 V-5 ARTICLE VI MUTUAL AID, INSURANCE AND INDEMNIFICATIONS 6.1 Mutual Aid Agreements. The Town of Fountain Hills may negotiate with other government agencies or their representatives for the purpose of entering into mutual aid agreements. Rural/Metro agrees to honor all existing mutual aid agreements and fire service contracts and future mutual aid agreements entered into by The Town of Fountain Hills. Rural/Metro will assist in any negotiations if requested by The Town of Fountain Hills. 6.2 Insurance. a. Policies. Rural/Metro shall maintain at all applicable times, at its own expense, comprehensive general liability, professional liability/medical malpractice, and automobile liability insurance with limits of insurance coverage of no less than ten million dollars. Such insurance shall include coverage for The Town of Fountain Hills' vehicles operated by Rural/Metro. Rural/Metro shall maintain in full force at all times during the term of this Agreement workers' compensation and employer's liability insurance. The Town of Fountain Hills shall be named as an additional insured on the comprehensive general liability insurance policy. b. Insurance Carrier. At the time Rural/Metro procures insurance, the insurance company used by Rural/Metro shall be one licensed by the State of Arizona or appear on the Insurance Commissioner's list of approved carriers and the carrier must be at least "B plus" rated according to the A.M. Best Key Rating Guide Latest Edition. In the event that Rural/Metro's insurance carrier's rating drops below "B plus", Rural/Metro shall notify the Town as soon as possible in writing upon learning of the change. The Town shall consult the Town's Risk Management Department and determine, in conjunction with Rural/Metro's Director of Risk Management, a reasonable length of time for Rural/Metro to obtain a higher -rated policy. Rural/Metro will then obtain a higher -rated policy within that time. c. Certificate. Rural/Metro shall submit a certificate of insurance evidencing the required insurance and limits stated above at the time of the execution of this Agreement. d. Cancel lation/Expiration Notice. The certificate of insurance shall provide for a minimum of thirty (30) days' advance written notice prior to cancellation. 6.3 Insurance Grading. Rural/Metro may, after prior written approval by The Town of Fountain Hills, apply for regrading by the insurance service office of Arizona for the purpose of allowing The Town of Fountain Hills to receive additional 16 V-5 insurance premium rate credits. The parties hereto shall use their best efforts to maintain the insurance service office grading that exists as of the date of the execution of this Agreement. 6.4 Indemnifications. Rural/Metro shall indemnify and hold harmless The Town of Fountain Hills, its authorized agents, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, caused by or resulting from the negligent or intentional acts or omissions by Rural/Metro, its authorized agents, officers, directors and employees committed in the course of performing its obligations under this Agreement. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. a. The Town of Fountain Hills shall indemnify and hold harmless Rural/Metro, its authorized agents, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, caused by or resulting from the negligent or intentional acts or omissions by The Town of Fountain Hills, its authorized agents, officers, directors and employees in connection with or related to this Agreement. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. b. The amount and type of insurance coverage requirements set forth in this or any other Agreements between the parties will in no way be construed as limiting the scope of indemnity provided by this Section. 17 V-5 ARTICLE VII AMBULANCE 7.1 Ambulance Transportation. Medically necessary emergency and non -emergency ambulance transportation services as contemplated herein, utilizing the manning and vehicles stated herein, will be at no out-of-pocket cost to bonafide Town residents. The contract payment by the Town of Fountain Hills includes a master ambulance subscription for all Town residents. Medical necessity is defined by the Centers for Medicare and Medicaid Services guidelines as follows: a. The patient must be transported to the closest appropriate medical facility. b. Ambulance transport as the result of an emergency situation, e.g., as a result of an accident, injury, or acute illness or, C. The patient is unconscious or in shock or, d. The patient requires restraint or, The patient requires oxygen or other emergency treatment en route to the hospital or, f. The patient has to remain immobile due to a fracture or possible fracture or, g. The patient has sustained an acute stroke or heart attack or, h. The patient is experiencing severe bleeding or, The patient is bed confined before and after the ambulance trip or, j. The patient can only be moved by stretcher. Ambulance transportation must originate within Rural/Metro's approved Primary Service Area. Charges for ambulance service provided to non -Town of Fountain Hills residents, and charges for non -medically necessary services provided to Town of Fountain Hills residents, will be billed directly to the patient by the contractor at the Arizona Department of Health Services rates for certificated ambulance services in Arizona. Rural/Metro reserves the right to bill and collect all third party benefits, if any. 18 V-5 ARTICLE VIII MISCELLANEOUS 8.1 Governing Law. This Agreement shall be governed, construed and controlled according to the laws of the State of Arizona. 8.2 Binding Effect. This Agreement and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefits of the parties hereto and their respective successors, assigns or other legal representative -as herein provided. 8.3 Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys fees, costs, and expenses. 8.4 Waiver. It is agreed and understood that any failure to strictly enforce any provision hereof shall not constitute a waiver of right to demand strict performance of that or any other provisions hereof at any time thereafter. 8.5 Severability. The terms and conditions of this Agreement are separate and separable, and if for any reason, any court of law or administrative agency should deem any provision hereof invalid or inoperative, the remaining provisions of this Agreement shall remain valid and in full force and effect. 8.6 Independent Contractor. Rural/Metro is an independent contractor and nothing in this Agreement shall be construed as creating an employment relationship, agency, partnership, or joint venture between the parties. Each party shall control and direct the methods by which it performs its responsibilities hereunder. 8.7 Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto. Notwithstanding the above, this Agreement or any or all of the services required herein may be assigned or subcontracted to any of Rural/Metro's affiliates. 8.8 Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Z V-5 Rural/Metro Corporation, Inc. 8401 E. Indian School Road Scottsdale, Az. 85251 Attention: General Counsel Rural/Metro Corporation, Inc. Attention: Maricopa Fire Chief 8401 E. Indian School Rd. Scottsdale, Arizona 85251 The Town of Fountain Hills 16838 E. Palisades Fountain Hills, Arizona 85268 Attention: Town Manager Either party can change the notification addresses listed above with proper notice as listed above. 8.9 Entire Agreement, Conflicts, Amendment. This Agreement constitutes the entire agreement between the parties with relation to the subject matter hereof, and supersedes any previous Agreement or understanding, whether oral or otherwise. In the event of a conflict with the provisions of this Agreement and any exhibits thereof, the terms of this Agreement shall control. No addition, deletion, or other amendment hereto may be made except as is agreed in writing by both parties. 8.10 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 8.11 Force Majeure. Except for payment obligations, either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war, riot or insurrection, law or regulation, terrorist act, strike, flood, fire, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 8.12 Court or Agency Rulings Binding on Both Parties. In the event any court of competent jurisdiction determines that The Town of Fountain Hills, for whatever reason, cannot contract out its fire protection service to Rural/Metro or any other third party then this Contract will terminate immediately upon the date any such decision is announced. Thereafter, Rural/Metro will immediately cease operations under this Contract, vacate all Town property set out herein within thirty (30) days of the decision, and deliver possession of all equipment, materials and personal property belonging to the Town within thirty (30) days of the decision. Rural/Metro will be paid for any services rendered. 20 V-5 8.13 The parties agree to comply with all applicable Town, County, State and Federal laws. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written, Rural/Metro Corporation The Town of Fountain Hills By: Qsazr-- Z'fohn S. Banas III Title: Secretary Title: Cassie Hansen Title: Town Clerk 21 V-5 APPENDIX A PRIMARY SERVICE AREA (SEE ATTACHED MAP) to be provided prior to contracting 22 V-5 �L ac 1M Station 815 4% Fire Station APPENDIX A i Over 8 minutes Sta822 8min Zone %` L 8'minutes"'- Sta 8min Under.5.m(nute5 Major Road \ ( Station 823 ,J Street 1...�.,�1 Current Station 822 8 Minute Zone Current Station 822 5 Minute Zone Current Station 823 5 Minute Zone Current Station 823 8 Minute Zone New Under 5 Minute Zone New 5 to 8 Minute Zone x W + E New Over 8 Minute Zone Rural Metro -May 2002 s APPENDIX B INCIDENT RESPONSE Rural/Metro shall respond to the following types of incidents, including but not limited to, the following classifications. Rural/Metro shall respond either Code 2 or Code 3 as noted: Commercial Assignments Code 3 Multi -Unit Commercial Assignments include but may not be limited to incidents where fire or smoke is visible or the possibility of large loss of life due to: Commercial Structural Fires Report of Explosion or collapse in a commercial building Residential Assignments Code 3 Multi -Unit Residential Assignments include but may not be limited to incidents where fire or smoke is visible or the possibility of loss of life due to: Residential Structural Fires Report of Explosion or collapse in a residential building Grade 1 Commercial Assignment Code 2 Grade 1 Commercial Assignments include but not limited to incidents where there is a report or fire alarm, smell of smoke, water flow without visible smoke or fire in a commercial structure. Grade 1 Residential Assignment Code 2 Grade 1 Residential Assignments include but not limited to incidents where there is a report of fire alarm, smell of smoke, water flow without visible smoke or fire in a residential structure. Still Assignment Code 3 Single unit response to a report of fire or emergency including but not limited to: Vehicle Fire Brush Fire Refuse Fire Non -EMS Rescue Person Trapped 23 V-5 Emergency Medical Assignment Code 3 Single unit response to a report of injury or illness including but not limited to: Vehicle Accidents Assaults Asphyxiation/Choking Burns Difficulty Breathing Drowning Electrocution/Shock Fall Heart Attack Illness/Sickness Obstetrical Overdose/Poisoning Person Down/Unconscious Person Trapped Psych./Behavioral Suicide/Attempted Suicide Other Medical Other Trauma Hazardous Incidents Code 3 Multi -Unit or single unit response to a report of unconfirmed Hazardous Material situations including but not limited to: Fuel Leak Electrical Problem Structural Collapse Explosion Hazardous Condition or Stand-by Service Incidents Code 2 Single unit response to a request for emergency Code 2 service including but not limited to: Invalid Assistance Water Problems Dangerous Animal Removal Sprinkler Activation without Fire Animal Trapped Check Odor Vehicle Lockouts House Lockouts 24 V-5 Commercial and Residential Assignment Response Eng. 822 3 (1 CAPT, 2 FF/CEP) Rescue 822 2 (1 FF/CEP, 1 FF) Ladder 823 3 (1 CAPT, 1 FF/CEP, 1 DFM) Scottsdale Engine 3 (1 CAPT, 2 FF/CEP) Dist. 822 1 TOTAL 12 Dist. 823 (BN 14) 1 (Mon -Fri, 0700 TO 1700) TOTAL 13 Move Up Units Scottsdale Engine/Ladder 3 To Station 823's area Scottsdale Rescue 2 To Station 822's area GRAND TOTAL 18 Confirmed fire or 2No Alarm Scottsdale Engine/Ladder 3 Response to incident Scottsdale Rescue 2 Response to incident BN. 14 (BN 10) 1 Response to incident Move up Units Engine Co. 3 To Station 823's area Rescue 2 To Station 822's area 25 V-5 APPENDIX C FIRE CODE In the interest of community safety, Rural/Metro will work closely with the Town of Fountain Hills staff to evaluate, adopt and enforce a nationally recognized fire code along with the associated National Fire Protection Association Standards documents. The following codes/standards are in effect under Town Code Ordinance 96-38: 1997 Uniform Fire Code 1996 NFPA Standards 26 V-5 APPENDIX D STANDARDS FOR TRAINING The following handbooks are used are used in the training of fire personnel: IFSTA Essentials of Firefighting, Fourth Edition NFPA 1001 Professional Firefighters Qualifications 1997 edition NFPA 1021 Fire Officers Professional Qualifications 1997 edition International Fire Code Institute- Certified Uniform Fire Code Inspector These publications will be reviewed and updated by mutual agreement between Rural/Metro and The Town of Fountain Hills. 27 V-5 APPENDIX E MANPOWER 40 hours per week 1 Fire Chief 1 Assistant Fire Chief/Fire Marshal Shift Personnel Per Day 2 Captains 4 Paramedics 1 Fire Fighter 1 Deputy Fire Marshal (can be replaced by a Fire Fighter during periods of scheduled time off and sick days) Chiefs 822 & 823 1 Chief 1 Asst. Chief/Fire Marshal (Minimum 1 chief on call 24/7) ENGINE 822 LADDER 823 RESCUE 822 1 Captain 1 Captain 1 Firefighter/Paramedic 2 Firefighters* 1 Firefighter* 1 Fire Fighter/EMT 1 Deputy Fire Marshal/ EMT * Engine 822 will be staffed with two Paramedics, Ladder 823 will have one Paramedic. 28 V-5 APPENDIX F REQUIRED REPORTS The following are the required monthly reports to be made available by Rural/Metro to The Town of Fountain Hills: Total number of incidents responded to in the primary service area Average response times Fire loss/potential report Response Exceptions Training hours Building and site inspections Building and site plan reviews Public education activity 29 V-5 APPENDIX G RESPONSE TIMES Response Time. Throughout the term of this Agreement, Rural/Metro's response time on all Code 3 calls, which originate from within the primary service area, shall average five minutes or less, except in those areas outlined in Exhibit A which will average eight minutes. a. Response Time Definition. Response time is defined as that period of time between when the first apparatus goes enroute to a Code 3 call, to the time of the arrival of the first piece of emergency or fire apparatus at the address of the call. b. Response Time Liabilities. Rural/Metro obligated under the terms of the Agreement, to meet the response time requirements set forth herein a minimum of ninety percent (90%) of the time excluding exceptions. Performance Evaluation/Exception. In performing calculations to evaluate Rural/Metro's response time performance as set forth herein, all response times originating from within Rural/Metro's primary service area, consistent with the requirements of Section 1.4 herein, shall be included except as follows: a. Response times shall be excluded where a Rural/Metro unit is instructed to "downgrade" the response time from a higher priority level to a lower priority level (i.e., Code 3 lights and sirens to Code 2 no lights and sirens) by the caller or third party. b. Response times may be excluded which occur during periods of such severe weather and road conditions which could reasonably be expected to substantially impair Rural/Metro's response time performance, provided it shall be Rural/Metro's responsibility to document said conditions, the time period affected, and the affected response times. Rural/Metro shall forward such report to The Town of Fountain Hills, who will make a determination as to whether to exclude or include the affected response times. c. Excessive responses occurring during periods of unusual system overload. Unusual system overload is defined as a period of time during which units from two (2) or more stations are simultaneously on emergency calls, originating from within the primary service area. Response times to calls in excess of that number shall not be included in response time calculations. Under this subsection, response times shall not be included which occur during the time in which Rural/Metro has sent an emergency or fire apparatus vehicle, which is assigned to the primary service area to an area other than the primary service area. d. The response time requirements of this Agreement shall be suspended during a declared disaster in the community of The Town of Fountain Hills or in a neighboring jurisdiction, which has requested assistance 30 M from Rural/Metro. For the purpose of this provision, the declaration of disaster must be made or affirmed by the chief executive officer of that particular jurisdiction or his/her designee. e. In cases of multiple response runs, (i.e., where more than one fire unit is sent to the same incident), only the response of the first arriving unit shall be counted for purposes of measuring Rural/Metro's response time performance. f. Petitioning. Where not specifically set forth in this appendix, Rural/Metro may petition The Town of Fountain Hills for an exception to the response time requirements when, due to circumstances beyond the control of Rural/Metro, they are unable to meet the required response time on a specific incident. Rural/Metro shall document said unusual circumstances, the time period affected, and the affected response times. Rural/Metro shall forward such reports to The Town of Fountain Hills, who will make a determination as to whether to exclude or include the affected response time. g. Any excluded incident cannot be applied to any of Rural/Metro's performance statistics set forth in sections (b)(c)(d). 31 V-5 APPENDIX H MAJOR DEFAULTS The following are a list of what shall be considered to be major defaults by Rural/Metro pursuant to this Agreement. 1. Failure to provide any of the services listed in Sections 1.1 (a) through (1) 2. Failure to respond to Code 3 calls originating in the primary service area. 3. In regards to personnel, a failure to meet the staffing level requirements established in Section 1.6 (a) and (b). 4. Failure to indemnify The Town of Fountain Hills pursuant to Section 6.4 (a) where legally obligated to do so. 5. Failure to remove liens caused to be put on The Town of Fountain Hills property by the action of Rural/Metro. 6. Failure to maintain the insurance requirements set forth in Section 6.1 (a), (b) and (c). 7. The filing of Rural/Metro of a voluntary petition in bankruptcy, or the failure by Rural/Metro promptly to lift any execution or garnishment or attachment which would impair the ability of Rural/Metro to carry on its governmental functions, or any assignment by Rural/Metro for the benefit of creditors, or the institution of any proceeding under the provisions of the United States Bankruptcy Code. 32 V-5 APPENDIX 1 INITIAL VEHICLES AND EQUIPMENT Town of Fountain Hills Owned Vehicles VIN # License Plate # Use 1990 Ford FMC IFDYD8OUXLVA13138 LG-15G3 E823, spare engine 1998 LaFrance 4Z36EFBXYRF75528 G-151CK E822 1987 FMC GDM701 GNBV 130686 LG-55A4 E824, old, brush equipped 1990 Ford 2FDLF47MILCA00707 LG-52G8 Utility 822 1990 Ford 2FDKF38M9LCA89222 LG-45G9 DOA — Attack 822 2000 Ford 1FDWF36F8YED43350 G-816CT Rescue 822 2001 Ford IFDAW57FXIED00204 G-814CT given to street dept. 1999 LaFrance 4Z36ESB1XRB05483 G-354DL L823 2001 Ford 1 FMPU 16L91 LB77040 G-815CT Chief Expedition 2000 Ford 1 FMZU62XOYZB94668 G-161 CK Asst Chief Explorer 1996 Ford 1FMDU32X4TZB61528 G-594BJ Fire Marshal Explorer 1992 Ford 1FMDU32XONUD82270 G-943AV spare Fire Prev Explorer 1987 Ford 1FTEX15Y3HKA89472 G-944AV old pick-up truck EXHIBIT I VEHICLE LEASE AGREEMENT THIS VEHICLE LEASE AGREEMENT is made and entered into on the I" day of July, 2002 by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Lessor") and RURAL/METRO CORPORATION, an Arizona corporation (the "Lessee"). RECITALS: A. Lessor is the owner of a certain vehicle and related equipment listed on Schedule A attached hereto (collectively, the "Vehicle"). B. Lessee desires to lease such Vehicle from Lessor, subject to the terms and conditions contained in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the personal property listed on Schedule A, as amended from time to time, upon the terms and conditions set forth below. 2. Term and Rent. The term of this lease for the Vehicle shall commence upon the initial delivery and acceptance of the Vehicle (the "Lease Commencement Date") and continue for a period of one year. Thereafter the lease will automatically renew for successive one year terms until terminated by either party upon ninety (90) days notice provided, however, that in no event shall the term of this lease extend beyond the later of the termination or expiration of that certain Fire Protection Services Agreement between Lessor and Lessee dated as of July 1, 2002 (the "Services Agreement") or the date on which Lessee ceases to provide fire protection services to Lessor. As rent for the Vehicle throughout the term of this lease, Lessee hereby agrees to credit Leesor's fiscal year 2003 Fire Protection and Emergency Medical Services Agreement by the amount of Ten Thousand Dollars. Repairs and Maintenance, Operating Expenses. Routine repairs and/or preventative maintenance of the Vehicle, after delivery to the Lessee, shall be the sole responsibility of Lessee, and Lessor shall have no duty to repair or maintain the Vehicles other than to cooperate with and inform Lessee of any problems or defects in the Vehicle. In the event of loss or damage to the Vehicle beyond 34 V-5 normal wear and tear, Lessee shall be responsible for such loss or damage, but only to the extent of any net proceeds received from insurance on the vehicle. 4. Warranties. LESSOR MAKES NO WARRANTIES AS TO THE VEHICLES EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE VEHICLES. Lessee agrees to make the rental and other payments required hereunder without regard to the condition of the Vehicles or any part thereof and to look only to the manufacturer, vendor or carrier thereof should the Vehicles, when received, be defective in any manner, or should the Vehicles or any part thereof for any reason other than improper maintenance resulting from the nonperformance of Lessor's duties described above, be inoperative or defective. 5. Lessee's Default. The occurrence of any one or more of the following shall constitute a default by Lessee and a breach of this Lease: (1) the failure of Lessee to pay any installment of rent promptly when same shall become due; (2) any breach or failure of the Lessee to observe or perform any of its other obligations hereunder; or (3) the making by the Lessee of an assignment for the benefit of creditors or the entry of a petition against Lessee for involuntary bankruptcy. 6. Insurance. Lessee shall obtain on the Vehicle, at its own expense, property damage and liability insurance in such amounts, against such risks, in such form and with such insurers as shall be required by the Services Agreement. Return of Vehicle. Upon expiration or termination of this Lease, Lessee will immediately return the Vehicle to Lessor at such location as Lessor shall designate. Noncancelable Lease. This Lease cannot be canceled or terminated except as expressly provided herein. 9. Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Arizona, irrespective of the fact that either party is or may become a resident of another state. 10. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 11. Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assignment without such consent shall be considered null and void. Notwithstanding the above, this Agreement, or any 35 V-5 or all of the services required herein, may be assigned, or subcontracted to any of Rural/Metro's affiliates. 12. Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. 13. Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 14. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Rural/Metro Corporation 8401 East Indian School Road Scottsdale, Arizona 85251 Attn: General Counsel Town of Fountain Hills 16836 E. Palisades Fountain Hills, Arizona 85268 The notification addresses listed above can be changed by either party with proper notice as listed above. 15. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. 16. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 17. Execution by Facsimile; Delivery of Original Signed Agreement. This Agreement may be executed by facsimile, and shall be deemed effectively executed upon the receipt by both parties hereto of the last page of this Agreement duly executed by the other party. Each party to this Agreement agrees to deliver two (2) original, inked and signed Agreements within two (2) days of faxing the executed last page hereof. 36 V-5 18. Dispute Resolution. If a dispute arises among the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof (the "Dispute"), the parties agree to use the following procedure in good faith prior to any party pursuing other available judicial or non judicial remedies: a. A meeting shall be held among the parties within ten (10) days after any party gives written notice of the Dispute to each other party (the "Dispute Notice") attended by a representative of each party having decision -making authority regarding the Dispute (subject to board of directors or equivalent approval, if required), to attempt in good faith to negotiate a resolution of the Dispute. b. If, within thirty (30) days after the Dispute Notice, the parties have not succeeded in negotiating a written resolution of the Dispute, upon written request by any party to each other party all parties will promptly negotiate in good faith to jointly appoint a mutually acceptable neutral person not affiliated with any of the parties (the "Neutral"). If all parties so agree in writing, a panel of two or more individuals (such panel also being referred to as the "Neutral") may be selected by the parties. The parties shall seek assistance in such regard from the American Arbitration Association or the Center for Public Resources if they have been unable to agree upon such appointment within forty (40) days after the Dispute Notice. The fees and costs of the Neutral and of any such assistance shall be shared equally among the parties. C. In consultation with the Neutral, the parties will negotiate in good faith to select or devise a nonbinding alternative dispute resolution procedure ("ADR") by which they will attempt to resolve the Dispute, and a time and place for the ADR to be held, with the Neutral (at the written request of any party to each other party) making the decision as to the procedure and/or place and time if the parties have been unable to agree on any of such matters in writing within ten (10) days after selection of the Neutral. d. The parties agree to participate in good faith in the ADR to its conclusion; provided, however, that no party shall be obligated to continue to participate in the ADR if the parties have not resolved the Dispute in writing within one hundred twenty (120) days after the Dispute Notice and any party shall have terminated the ADR by delivery written notice of termination to each other party following expiration of said 120-day period. Following any such termination notice after selection of the Neutral, and if any party so requests in writing to the Neutral (with a copy to each other party), then the Neutral shall make a recommended 37 V-5 resolution of the Dispute in writing to each party, which recommendation shall not be binding upon the parties; provided, however, that the parties shall give good faith consideration to the settlement of the Dispute on the basis of such recommendation. e. Notwithstanding anything herein to the contrary, nothing in this Section shall preclude any party from seeking interim or provisional relief, in the form of a temporary restraining order, preliminary injunction or other interim equitable relief concerning the Dispute, either prior to or during the ADR process if necessary to protect the interests of such party. Further, this Section shall be specifically enforceable. f. At the reasonable request of either party, the Neutral shall adopt rules and procedures designed to expedite the dispute resolution process. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. RURALIMETRO CORPORATION TOWN OF FOUNTAIN HILLS By: Its: 38 V-5 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 6/19/03 Contact Person: Tim Pickering Requesting Action:® TVDe of Document Needing ADAroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Contract Council Prioritv (Check Armronriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of approving Resolution 2003-38 regarding the annual Maricopa County Sheriffs Agreement for law enforcement services. Staff Recommendation: Approve Fiscal Impact: Yes $1,598,388 Purpose of Item and Background Information: List All Attachments as Follows: Memo from Town Manager, copy of agreement Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head ' , 4�� - �2 .0 3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) c:\documents and settings\bbender.puttland\local settings\temporary internet fi1es\o1k7a\sheriffs contract.doc TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: June 12, 2003 Council FR: Tim Pickering, Town Manager _; RE: FY 2003-2004 Maricopa County Law Enforcement Agreement The staff recommends approval of the attached agreement with Maricopa County Sheriff's Office to provide all law enforcement services for the Town of Fountain Hills. I have also reviewed Queen Creek, Cave Creek and Carefree agreements for comparison purposes. Fountain Hills is by far the Sheriff's largest contract. SERVICES PROVIDED This agreement provides for all law enforcement services including traffic enforcement, crime prevention, patrol activities, youth educational services, court services, neighborhood block watch coordination, responding to barking dog complaints, handling walk-up window operations, detective services, transporting prisoners, and call receiving and dispatching. These services are outlined in the County's proposal, which is attached and made part of the agreement. It is anticipated that with this agreement, traffic enforcement and court case filings will increase due to additional manpower. Staffing levels will increase to four deputies per shift, which will increase our coverage to 1.33 officers per 1000 residents. The organizational chart depicting law enforcement services can be found on page nine on the proposal. In addition, Maricopa County will provide all necessary police training as required by the State. According to monthly reports for the six-month period from November 2002 to April 2003 provided by the Sheriff's office, the four most frequent Fountain Hills calls for service are alarms calls, welfare checks, suspicious person, and civil matters. Other types of typical calls include handling traffic accidents, motorist assists, and burglaries. COST The cost of the FY 2003-2004 agreement is $1,598,388 that covers all law enforcement activity except animal control and property maintenance code enforcement as compared to the current fiscal year law enforcement budget equaling $2.6M. With the addition of fire service and the defeat of Proposition 400, the reduction in service cost for this activity is much needed. REVISIONS AND CANCELLATION The Town Attorney and myself to insure proper insurance coverage and to indemnify the Town have extensively revised the existing contract. Additionally the agreement automatically renews if the renewal amount is less than 3%. Either party with 90-day notice may terminate the agreement without cause. SUMMARY I recommend a motion to approve the Maricopa County Law Enforcement agreement. The Town Attorney has reviewed the agreement. Should you have any questions please do not hesitate to contact me. C: Julie Ghetti, Accounting Supervisor Scott Penrose, Captain Ken Martinez, Interim Town Marshal Tpickeringttgp/my documents/sheriffagreement.doe/6/12/03 RESOLUTION NO.2003-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2003-04. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal year 2003-04 is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution and recordation of the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 19, 2003. FOR THE-X-G" OF FOUNTAIN HILLS: W.J. Ni REVIEWED B Timo y & Pic ering, Town Manager 9196.004\MCSO IGA 03-04.res.doc 6-18-03-1 ATTEST: Bevelyn J. Bendpr, Tawn Clerk APPROVED AS TO FORM: n4' �'. A, � /-, Andrew J. McGuire, own Attorney w CLERK OF THE BOARD BASKET PICK UP I OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-0889213 07/08/03 15:39 2 OF 24 DELROSSOA o•C5o.off-•coa AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS kwup MARICOPA COUNTY July 1, 2003 through June 30, 2004 m AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (this "Agreement') is made and entered into as of the date of the last signature set forth below by and between the Town of Fountain Hills, an Arizona municipal corporation (hereinafter the "Town") and Maricopa County, a political subdivision of the State of Arizona (hereinafter the "County"). AUTHORITY The County has the authority to enter into this Agreement pursuant to A.R.S. §11-952. The Town has the authority to enter into this Agreement pursuant to A.R.S. §§ 9-240, 9-498 and 11-952. PURPOSE The Town has the jurisdiction and responsibility, pursuant to the laws of the State of Arizona, to provide for public health, safety, and the welfare of the people and property within its jurisdiction including, but not limited to police protection. The purpose of the this Agreement is to provide for the delivery of Public Safety Services (as defined below) to the Town by the County, acting by and through Maricopa County Sheriff's Office. All rights and obligations of the parties shall be governed by the terms of this document, its Exhibits, Attachments and Appendices, if any, including any Subcontracts or Amendments as set forth on the following pages. GENERAL PROVISIONS 1. Definitions As used throughout this Agreement, the following terms shall have the meanings set forth in this Section 1: Agreement means this document and all attachments hereto. Beat means public safety services on a 24-hour basis, 7 days per week, 52 weeks per year, utilizing a radio equipped patrol vehicle as well as routine and emergency back-up assistance as appropriate and civil standby coverage as appropriate. Board means the Maricopa County Board of Supervisors. County means Maricopa County, a political subdivision of the State of Arizona. Division Commander means the Deputy assigned by the Sheriff's Office to the Town of Fountain Hills, with the rank of Lieutenant or higher, to supervise the actions of the Sheriffs Office within the Town. Mayor means the Mayor of the Town of Fountain Hills. Public Safety Services means services provided by the Sheriffs Office pursuant to the Agreement, including, but not limited to: patrol, responses to emergency calls, traffic enforcement and accident investigations, ordinance enforcement when necessary, investigation of alleged crimes and participation in programs such as Block Watch, S.T.A.R.S., vacation watch, property identification program, bicycle safety, crime prevention and each of the other services set forth herein. Town means the Town of Fountain Hills, an Arizona municipal corporation. Town Council means the Mayor and Common Council of the Town of Fountain Hills. Town Manager means the Town Manager of the Town of Fountain Hills, or his authorized designee. 2 Sheriffs Office means the Maricopa County Sheriff and those functions, activities and facilities for which he has responsibility. 2. Legal Notices 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 County: David Smith Maricopa County Administrator 301 W. Jefferson, 10`h Floor Phoenix, Arizona 85003 If to the Sheriff's Office: Joseph M. Arpaio Maricopa County Sheriff 100 W. Washington, Suite 1900 Phoenix, Arizona 85003 If to the Town: Timothy Pickering, Town Manager Town of Fountain Hills PO Box 17958 Fountain Hills, Arizona 85269 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 Section. 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. 3. Term of Agreement This Agreement shall become effective (the "Effective Date") upon (i) approval by the Town Council and the Board and (ii) filing with the Maricopa County Recorder. However, the County shall provide, and the Town shall compensate the County for the Public Safety Services as set forth in this Agreement beginning July 1, 2003. This Agreement shall remain in full force and effect from the Effective Date through June 30, 2004 (the "Initial Term"), unless terminated earlier pursuant to Section 5 of this Agreement. Except as provided in Section 18 below, this Agreement shall be extended for successive additional one-year periods (each, an "Additional Term") unless, prior to the first day of June during the Initial Term or any Additional Term thereafter, either party shall give written notice to the other that such party does not wish this Agreement to be extended for one additional year. Any such extension shall include all of the terms of this Agreement, unless and until renegotiated or terminated. This Agreement shall supersede and replace that certain (i) Agreement for Law Enforcement Services between the parties, recorded August 13, 2002, No. 2002-0824107, Records of Maricopa County, (ii) Amendment No. 1 to Intergovernmental Agreement between the parties, recorded August 13, 2002, No. 2002-0824108, Records of Maricopa County, (iii) "Second Amendment" between the parties, consisting of an approved agenda item before the Board on July 24, 2002, clarifying the initial Agreement for Law Enforcement Services and (iv) Third Amendment to Agreement between the parties, recorded April 11, 2003, No. 2003-0454945, Records of Maricopa County 4. 5. 6. Amendments This document contains the entire agreement of the parties and cannot be changed orally. Any changes or modifications of this Agreement must be in the form of a written amendment (i) approved by the Town Council and the Board, (ii) signed by both parties and (iii) filed in the Maricopa County Recorder's Office. Amendments to increase or decrease levels of service within a given year will not become effective until 60 days after passage by both the Town Council and the Board. Termination Either party shall have the right upon ninety (90) days written notice to the other party to terminate this Agreement without cause. In the event of breach of any of the provisions of this Agreement, either party may terminate this Agreement for cause by serving written notice to the other party specifically setting for the nature of the breach. If said breach has not been resolved within sixty (60) days after receipt of notice, then this Agreement shall be deemed terminated and both parties shall perform their respective obligations up to the date of such termination. Insurance The parties agree to secure and maintain insurance coverage for any and all risks that may arise out of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to public entity insurance. The acquisition of insurance or the maintenance and operation of a self -insured program may fulfill this insurance. The parties to this Agreement shall exchange certificates of insurance or self- insurance. (a) General The Sheriffs Office shall provide and maintain minimum insurance limits as follows: Coverage Afforded Limits of Liability Worker's Compensation $25,000,000 Employer's Liability $ 100,000 Comprehensive General Liability Insurance $ 5,000,000* Comprehensive Automobile** Liability $ 5,000,000* *Including Bodily Injury Combined Single Limit $100,000 Property Damage ** Including Non -owned Vehicles; Leased Vehicles; and Hired Vehicles Certificates of Insurance acceptable to the Town shall be filed with the Town prior to commencement of this Agreement. The policies shall contain a provision that the policy will not expire, be canceled or materially changed to affect the coverage available without thirty (30) days written notice to the Town. In any incident or claim relating to the action or negligence of the Sheriff's Office, its employees or agents, the Sheriffs Office's insurance shall be primary to all other sources available. Failure of the Sheriffs Office to comply with the insurance requirements of this Section at any time shall result in a breach of this Agreement, and shall, among other things, allow immediate termination of this Agreement. (b) Cancellation and Expiration Notice Insurance required herein shall not expire, be canceled, or materially changed without 30 days' prior written notice to the Town. 4 7. Indemnification (a) To the extent permitted by law and notwithstanding any liability insurance or other conditions of this Agreement, each party hereby covenants and agrees to indemnify, defend and hold harmless the other party, its officers, employees, contractors and agents for, from and against all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any act or omission of the party, its officers, employees, contractors, agents and/or anyone acting under its direction or control whether intentional or negligent, in connection with or incidental to this Agreement. (b) The Town shall not indemnify the County, but the County shall indemnify the Town, for any suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature brought against the County as result of any act or omission of the Sheriff's Office which occurs within the Town which is solely caused by the negligence or misconduct by any member of the staff of the Sheriff's Office or which occurs while any such staff member is performing services not directly related to this Agreement. The County shall pay, on behalf of the Town, all judgements, fines, penalties, interest on judgements, fines and penalties, or costs including attorney's fees, court costs, expert witness fees and discovery costs associated with a claim brought hereunder. The indemnity under this Agreement shall commence as of the Effective Date of this Agreement and shall continue in full force and effect until such time as both parties agree to terminate this Agreement or it terminates by its terms. 8. Record Keeping and Audits The parties agree to maintain and furnish to each other such records and documents pertaining to the services provided pursuant to this Agreement as may be required by applicable Federal and State laws, rules and regulations. Each party, prior to conducting an audit, must give 30 calendar days notice to the other party. If the audit indicates that fees or billable items have been charged incorrectly, each party agrees to make appropriate corrections and adjustments. 9. Construction of Agreement (a) Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law:and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. (b) The failure of either party to insist in any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other or to take any action permitted as a result thereof shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. The acceptance by either party of sums less than any may be due and owing at any time shall not be construed as an accord and satisfaction. (c) This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against the State of Arizona, Maricopa County, or the Town of Fountain Hills in any State or Federal Court. (d) This Agreement shall be interpreted in accordance with Arizona law. (e) For purposes of A.R.S. § 31-121(c), the Sheriff's Office and its employees shall be considered to be peace officers engaged as independent contractors, not as employees, of the Town while performing the responsibilities imposed by this Agreement. (f) This Agreement is subject to the provisions of A.R.S. § 38-511. SERVICES 10. Service Provision (a) The County, by and through the Sheriff's Office, shall provide the Public Safety Services described in this Agreement within the incorporated limits of the Town. The Sheriff's Office shall have responsibility for investigating and enforcing certain Town code violations. The Town Manager and the Division Commander shall establish, between themselves, the Sheriff's Offices' duties and responsibilities pertaining to the Town code violations, animal control issues and walk up window services. (b) Public Safety Services provided by the Sheriff's Office under this Agreement shall be increased from a level of 2.66 patrol beats to 3.5 patrol beats effective July 1, 2003 and shall be provided (i) to the level of service (a) set forth in the Worksheet for Fiscal Year 2003-04 (the "Worksheet"), attached hereto as Exhibit A and incorporated herein by reference and (b) based on the Proposal for Contracted Law Enforcement Services to the Town of Fountain Hills (the "Proposal"), attached hereto as Exhibit B and incorporated herein by reference and (ii) subject to the right of the Town Manager to request additional support services or extended service from time to time. Agreement must be reached among the Town, the County and the Sheriff's Office concerning additional levels of services and the cost thereof prior to the amendment of this Agreement to reflect additional service provisions. Amendments to this Agreement shall be in accordance with Section 4 above. (c) Staffing for the functions of traffic deputy, complaint coordination deputy, crime prevention deputy, court services deputy, right of way enforcement deputy, and youth services deputy will be provided as designated in the Worksheet. (d) Misdemeanors, traffic infractions and civil violations occurring within the Town will be cited into the Town Magistrate's Court. (e) If the Sheriff's Office, acting through the Division Commander, or the Town Manager observes that criminal activity is dramatically increasing in the Town, the Sheriff's Office will temporarily deploy support units as deemed reasonably necessary to suppress such activity. 11. Establishment of Service Priorities The Division Commander, the Town Manager and the Town Mayor shall meet at least once each quarter to establish priorities for the delivery of Public Safety Services as desired by the Town. Priorities shall be communicated through the appropriate Sheriff's Office chain of command to the patrol units providing services within the Town's jurisdiction. The Town Manager and the Division Commander shall meet as often as necessary on other occasions to ensure the highest quality overall provision of Public Safety Services to the Town. 12. Maintenance of Sheriffs Substation At all times during the term of this Agreement, the Sheriff's Office, at its sole cost and expense, shall maintain at least one substation facility within the Town of Fountain Hills, at a location (or locations) 0 mutually agreeable to the Sheriffs Office and the Town Manager. All deputies assigned to duties within the Town shall operate out of such substation(s). 13. Community -Based Policing The Sheriffs Office and the Town believe that a community -based police system is important. Based on that belief, the parties hereby agree as follows: (a) The Sheriffs Office shall assign to the Fountain Hills office a full time deputy, with the rank of Lieutenant or higher, who shall be designated the "Division Commander" and who shall be responsible for the supervision and coordination of Public Safety Services by the Sheriffs Office within the Town. The Sheriffs Office will provide the Town with a list of candidates from which to select the Division Commander. The Sheriffs Office shall assign the Division Commander to service within the Town for a term of at least two years and such individual will not be reassigned except upon mutual agreement of the Town and the Sheriffs Office. (b) The Sheriffs Office will, from time to time, assign to the Town sufficient deputies to provide the Public Safety Services required by this Agreement. Staff will be assigned to the Town on a full- time basis and will work within the Town limits unless required to cross jurisdiction boundaries for pursuits, ongoing investigation of Town cases or other temporary law enforcement emergency situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations. The Sheriff's Office personnel who are selected for deployment to the Town will be required to make a two-year commitment to the assignment in the Sheriffs Office and shall remain deployed to the Town for such two-year period unless reassignment is requested by the Town in writing. (c) The Town, acting through the Town Manager shall have the right to request in writing that any staff assigned to service within the Town by the Sheriffs Office be reassigned or otherwise removed from service within the Town. When such request is made, the Sheriffs Office shall comply as soon as reasonably practical, but in any case within no more than three weeks after such request is made. (d) In order to create a spirit of local involvement, the Sheriffs Office shall encourage the Division Commander to become active in local community affairs, such as joining local civic groups, attending meetings of the Chamber of Commerce and speaking to local organizations and the schools. Deputies assigned to the Town shall be come familiar with Town streets and layout, Town special events and such other aspects of the community as to permit them to implement a community -based policing program. (e) All full time deputies assigned to the Town shall wear uniform items or markings mutually agreed upon by the Town and the Sheriffs Office that identify them as being Fountain Hills Deputy Sheriffs. Any cost for such items will be the responsibility of the Town. (f) All Sheriffs Office marked vehicles assigned to full time patrol within the Town, including all vehicles owned by the Fountain Hills Posse, shall be marked to identify them as being the Fountain Hills units. The Sheriffs Office and the Town shall mutually agree upon the specific design and markings. (g) The Sheriffs Office will staff the law enforcement walk-up window Monday through Friday 8 a.m. to 5 p.m. The Town Manager will ensure that policies and procedures consistent with the Sheriffs Office's rules and regulations are instituted which facilitate efficient and effective communication between local public access and the Sheriff's Office's dispatchers. (h) From time to time the Sheriffs Office and the Town Manager will consider and implement other ( ideas to enhance a community -based policing program. 14. Ancillary Services As part of its Public Safety Services, the Sheriff's Office shall make available to the Town, as and when needed, the services of its other general divisions, which are routinely made available to unincorporated areas of Maricopa County. Such services shall include the Criminal Investigations Bureau, the Enforcement Support Bureau, the Technology Bureau and each of the other ancillary services set forth in the Proposal. In addition, during the time that public schools are in session in Fountain Hills, the Sheriff's Office shall maintain an active S.T.A.R.S. program within the community. There shall be no additional cost to the Town for such ancillary services. 15. Chain of Command and Responsibility for Performance Standards (a) The Town Manager shall be responsible for coordinating all Public Safety services within the Town as well as conveying the wishes of the Town Council to the Division Commander with respect to such services. The Division Commander shall, at all times, consider the request of the Town Manager with respect to the implementation of Public Safety Services. While the Town Manager shall have no chain of command authority to direct the operations of the deputies from the Sheriff's Office, such authority being reserved to the Maricopa County Sheriff pursuant to Paragraph 15b below, the parties to this Agreement understand that the Town expects the Sheriff's Office to reasonably respond to its needs for public safety services as communicated through the Town Manager. (b) The Maricopa County Sheriff is solely responsible for the performance, evaluation and discipline of his officers and other matters incidental to the provision of services under this Agreement. In the event of a dispute between the parties regarding the manner of performance of such service, the determination made by the Maricopa County Sheriff shall be final and conclusive. 16. Reports The parties agree that the Sheriffs Office shall deliver on a monthly basis routine statistical and management reports normally prepared by the Sheriffs Office concerning services provided pursuant to this Agreement. Such reports shall include, but are not limited to, (i) an enumeration by category of the type of activity reported to the Sheriffs Office, (ii) a declaration of rates for crimes handled by the Sheriffs Office within the Town and (iii) a statement of the number of 911 calls received from the Town as well as the average response times for each such call. The Division Commander and the Town Manager shall establish, by cooperation, the specific details of the reports required as well as a reasonable period of time for delivery of such reports to the Town by the Sheriffs Office. REIMBURSEMENT RESPONSIBILITIES FOR OTHER CHARGES/COSTS 17. Items provided by the Town The Town will provide special supplies, any required uniform insignias or markings as agreed to under Section 13 (e) of this Agreement, stationary, notices, or forms to be used in the name and by the Town at the Town's expense. 18. Reimbursement for Public Safety Services (a) The Town agrees to pay the sum of $1,598,388 for all Public Safety Services rendered as outlined in the attached Worksheet. By April I of the Initial Term and any subsequent Additional Terms of this Agreement, the County shall submit a Worksheet notifying the Town of charges for services requested for the subsequent fiscal year (a "Renewal Amount"). Each Renewal Amount shall be prepared in accordance with the formula developed cooperatively by the Town, the County Office of Management and Budget and the Sheriffs Office in the 1995 Law Enforcement Agreement Cost Allocation Formula, per CAO-88-008, dated October 18, 1995, a true and correct copy of which is attached hereto as Exhibit C and incorporated herein by reference, which is a direct cost recovery for actual services delivered and cannot be arbitrarily changed by the Sheriffs Office or the County. Should Maricopa County fail to timely notify the Town of the charge for services for any upcoming fiscal year, the Renewal Amount shall be equal to the total amount due under the then -current term of this Agreement. If the Renewal Amount is determined to be more than 3% higher than the total amount due under the then -current term of this Agreement, the Agreement shall not automatically renew for an Additional Term. (b) Payment for services for each year of this Agreement will be made in 12 equal installments on a monthly basis on or before the 10`h day of each month. The first payment shall include all monthly payments due from July 1, 2003. In cases where an authorized amendment to this Agreement results in changes to the established monthly rate, a new rate will become effective with the date of the amendment allowing for payment of equal installments for the remainder of the term. 19. Cost of Incarceration Nothing in this Agreement shall alter the financial responsibilities of the Town and the County for the incarceration of prisoners arrested by the Sheriff s Office in the performance of its responsibilities hereunder. IN WITNESS WHEREOF, the parties enter into this Agreement: MARICOPA OUNTY, a political subdivision of the TOWN O IN LLS, an Arizona State o zo a municipa} c ra 'o /f BY`��'� ,.� %�-� Co 3 BY: ton Brock, Chairman, Board of Sutervisors W. J. ols, N or AT T: A.iST:� DEPUTY Fran Xarroll, Clerk of the Board wftiboO;J Bevelyn J. Bend , T n Clerk M COPA COUNT SHE 'S OFFICE // BY: DATE: �D �9- 2 3 Joseph M. Arpaio, Sheriff In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that xecution hereof is within the powers and =dnlaws of the State o Arizona., Deputy County Attorney Date Andrew J. Nicbuire, Town Attorney Date Exhibit A Fountain Hills Maricopa County Sheriff's Office Law Enforcement Contract Proposal Worksheet FY 2003/2004 Total Number of Patrol Beats to be Provided Personnel Services Classifications Number of Personnel Average Hourly Rate Average w/ var. Fringe Costs Annual Hours Total Fixed Frin a Costs Annualized Costs Patrol Deputies 18.20 $19.32 $22.32 2096 $90,545.00 $941,932 COPS Universal Deputy 0.0 $16.76 $19.36 2096 $0.00 $0 Detectives 2.91 $19.32 $22.32 2096 $14,466,31 $150,492 Sergeants 2.09 $28.22 $32.60 2096 $10,396.42 $153,186 Lieutenant/Captain 1.01 $36.82 $42.53 2096 $5,030.28 $95,173 Clerical 0.61 $12.18 $14.07 2096 $3,022.81 $20,942 Traffic Enforcement 0.0 $19.32 $22.32 2096 $0.00 $0 LransE tat on Deputy 0,61 $19.32 $22.32 2096 $3,022.61 $31,446 Total Staff Costs $1,393,171 Variable Fringe Costs Fixed Fringe Costs (per employee) 15.5'2 $4,975 3.50 Manpower Allocation Factor FTE Staffing Requirements 24 hour / 7 day post 5.2 FTE Employees 0.67 Detectives 1 Beat 8 hour / 7 day post 1.75 FTE Employees 1.00 Sergeant for 9 Deputies 8 hour / 5 day post 1,24 FTE Employees 1.00 Lieutenant for 18 Deputies 0.14 Clerical for 1 Beat 0.14 Transport De ut 1 Beat S ecial Pay IFTE's lPe, FTE Cost I Total S ecial Pa Costs Overtime/Shift Differential 25.42 $1,283.00 $32,619 Total Personnel Services $1,425,789 Sunnlies. Services. and Rent Supplies Based on average supply use derived by dividing costs for supplies by number of m loyees in the Districts. The average is then multi Iled b the number of FTE's. Cost for Supplies $10,854 Total Employees 17 Average per Employee $638 Total FTE's 25.42 Total Supply Costs $16,232 Vehicle and Equipment Based on full mileage rate, depreciation of vehicle, and depreciation of equipment multi lied by number of estimated miles. Vehicle Cost with Warranty 30,960 Vehicle life 100,000 miles. Equipment Costs 11,840 Equipment life 200,000 miles. Per Mile Estimated Annualized Rate Annual Miles Costs Mileage Rate $0,228 176,00 $40,128 Vehicle Depreciation $0,310 176,00 $54,490 Equipment Depreciation $0,059 176,00 $10,419 Total Vehicle and Equipment Costs $105,037 Communications Based on the per Deputy cost for radio service derived by dividing the users into the Communications budget Total Users of the System lBudqet lPer Deputy Cost ISworn FTE's 2,1541 $4,455,288 1 $2,068 24.82 Total Communications Costs $51,329 Total Supplies, Services, and Rent $172,598 Total Contract Costs $1,598,388 Contract Law Enforcement Services A Partnership for Law Enforcement and Community Policing Services A Proposal Prepared for The Town of Fountain Hills Exhibit B i fir. i9s4 Wally Nichols, Mayor Joseph M. Arpaio, Sheriff Maricopa County Sheriff's Office Wells Fargo Plaza 100 W. Washington, 19th Floor Phoenix, Arizona 85003 Table of Contents OM Executive Summary..................................................3 Fountain Hills Law Enforcement & Community Policing Services................................5 Fountain Hills Law Enforcement & Community Policing Services (flow chart)..................9 Comparison...........................................................10 Benefits of Contracting with Maricopa County Sheriff .........11 Why Fountain Hills Should Contract with M.C.S.O............ 14 Vision and Mission Statement ..................................... 16 2 Executive Summary The Maricopa County Sheriff's Office is currently providing quality customized law enforcement services to the citizens of Fountain Hills. This document will acquaint the Fountain Hills Town Council with the Maricopa County Sheriff's Office by providing an overview of the Sheriffs Office outlining the many benefits of contracting with the Maricopa County Sheriff's Office. In the decision to select a law enforcement agency with which to contract, one would want to consider many factors. An Overview of the Maricopa County Sheriff's Office detailing the major functions and services that is provided. Providing those services are more than 700 sworn officers and another nearly 2,400 non -sworn staff who, combined, possess a level of education, training and professionalism equal to any law enforcement agency in the nation. There are many subject matter experts who work in all major areas of the Office whether investigating a complicated homicide or lending technical support to figure out a programming question with one of our new technological advancements. The Benefits of Contracting with the Maricopa County Sheriff's Office are also described in this packet. Those benefits have great value, both in tangible and intangible. They range from assuming responsibility for the actions of Office employees and holding the Town of Fountain Hills harmless in litigation arising out of actions by Office employees, cost savings, to an in-depth knowledge of Fountain Hills. Members of the Town Council and the citizens of Fountain Hills have voiced a desire to promote Community Oriented Policing, which is the very philosophy the Office has been based since its inception over 100 years ago. Another benefit is state-of-the-art technology. Included in this technology is the Automated Finger Print Identification System (AFIS), computer aided dispatch (CAD) system, the Federally mandated 800 MHz radio system, laptop report writing system, wide area network system and more. A contract with the Maricopa County Sheriff's Office results in Fountain Hills having access to these advanced systems at no additional cost. The Council will want to look at the many ancillary services available through the Sheriff's Office. All combinations of these services are utilized by Fountain Hills to enhance law enforcement in the community. Bicycle patrol, helicopter patrol, narcotic investigations, and K-9 support, are examples of the type and range of ancillary services currently serving Fountain Hills. The Town Council has flexibility to adjust this number upward or downward depending upon their law enforcement strategy. A variety of enhancement options may be added to customize services. This flexibility puts Fountain Hills at the helm in terms of fashioning the contracted services in a manner that best suits your needs. A Cost Methodology is presented, which is designed to address contracting issues and provides an easy to follow methodology that is built around a philosophy of requiring the Town to pay only for those services they utilize. Instead of using a methodology 3 where a percentage is charged based on population or something else, the methodology costs services out on a per item basis or percentage rate, as appropriate. In closing, this proposal should provide the Fountain Hills Town Council with the information to conclude that the Maricopa County Sheriff's Office has given considerable thought and preparation to this plan and is well prepared to continue providing contract services on July 1, 2003 and beyond. The Fountain Hills Town Council can be assured that the Maricopa County Sheriff's Office is willing and ready to provide quality, customer -oriented service to Fountain Hills. 4 Fountain Hills Law Enforcement & Community Policing Services The Maricopa County Sheriff's Office is prepared to provide the Town of Fountain Hills with all of their law enforcement needs effective fiscal year 2003/2004. This would be accomplished by an agreement based upon 3.5 full-time beats. This manpower would ensure that the Town to benefits from enhanced services, while maintaining a one agency law enforcement system capable of providing any law enforcement need. Presently the Sheriff's Office provides Law Enforcement coverage for the geographic area that surrounds the Town of Fountain Hills this area of coverage is designated by the Sheriffs' Office as District 4 South. All unincorporated area from the Beeline Highway north to Needle Rock, from the Fort McDowell Indian Community Reservation to Pima Road falls within this district. The Town of Fountain Hills is situated in the south east corner of this geographic area. Deputies and services that are administered to all of District 4 South are coordinated and administered through the Fountain Hills substation. The unincorporated county areas west of this description up to and including the community of Anthem comprise the District 4 North area. There is a Sheriff's Office Substation located in the Town of Cave Creek for this part of the district. Both of these two geographic areas are combined to form the District 4 patrol sector. It is the structure of the Sheriff's Office to accommodate the needs of each District by assigning the necessary administrative personnel along with any support staff, supplies, equipment, etc... that may be necessary to facilitate the needs of the citizens in that area and to deliver those services in the most efficient way possible. In Fountain Hills, an Administrative Sergeant and Administrative Deputy are assigned, and work out of the Fountain Hills substation to assist the District Commander in implementing the District and Office goals and procedures. It is through this structure that contract communities benefit from economy of scale. The resources that are made available to the unincorporated areas are also available for use within the contract cities. This also represents the most effective way to maintain "unity of command and control" when it comes to administering the law enforcement needs to a large diverse geographic area. It enables the cost effective use of resources and personnel. Correlations can be shown that the use of such resources benefits the citizens of the Town and the County (district) as a whole. 5 The contract being considered encompasses 3.5 beats. That would provide the town with the following: 14 Patrol Deputies 3 Detectives 4 Community Policing Deputies 2.5 Sergeants 1 Commander 1 Administrative Assistant 35 Posse Members Multiple Resources A break down of this law enforcement plan shows a cost of $1,598,388. This amount will provide a rounded total of 25.5 full-time employees (FTE's). The ratio of police personnel based on a town population of 24,000 residents, equals 1.06 officers per 1000 residents. Under the organizational structure of the Sheriffs Office, District 4 South, the following resources are a more accurate account of all personnel that would be utilized to provide for the needs of the Town. 16 Patrol Deputies 3 Detectives 5 Community Policing Deputies 6 Sergeants 1 Commander 1 Administrative Assistant 35 Posse Members Multiple Resources The ratio of police personnel based on a population of 24,000 residents, equals 1.33 officers per 1000 residents. (A flow chart depicting this is displayed later in this proposal) A breakdown of the services provided under this ratio is as follows: Four Patrol squads each with four patrol deputies assigned to a squad. Every squad would have an assigned sergeant. Sergeants would be responsible for the supervision of the deputies assigned to the Town in addition to supervising the deputies assigned to the towns of Carefree/ Cave Creek, and the unincorporated areas within the district. A Detective Division with three detectives assigned exclusively to Fountain Hills. The Detective Division would be assigned a sergeant who is also responsible for supervising two Lake Patrol detectives. A Community Policing Division with five deputies and a sergeant assigned to Fountain Hills. The areas within the Community Policing Division are: Youth Services, Crime Prevention, Court Services, Right of Way Enforcement Deputy, and Traffic Complaint Coordinator. One Administrative Assistant assigned to Fountain Hills. One District Commander assigned to Fountain Hills. Job Descriptions: Patrol Deputy- Responsible for enforcing the state criminal and traffic codes. Patrol deputies must maintain order, protect life, respond to calls for service and investigate these calls. Patrol deputies are also responsible for making arrests, attending training, issuing warrants, appearing in court, and providing public service whenever needed. (Contract F.T.E -14 / Utilized -16) Patrol Supervisor- Responsible for assisting the District Commander, supervising patrol deputies, completing records, handling administrative matters, completing citizens complaints, assigning and maintaining equipment, attending training, and completing any special projects assigned by the District Commander. (Contract F.T.E - 2 / Utilized -4) Community Policing / Admin Sergeant- Responsible for assisting the district commander in the day to day operations of the Town. In addition, they are responsible for supervising all community policing deputies, administering equipment, maintaining files, and re-evaluating the progress of the community policing programs. (Contract F.T.E - 0 / Utilized -1) Detective- Responsible for investigating all types of reports, interviewing victims, witnesses, collecting evidence, maintain a crime scene, and writing search warrants. They �► are also responsible for preparing reports for prosecution, attending detective training, testifying in court, and appearing in front of grand juries. (Contract F.T.E -3 / Utilized -3) Detective Supervisor- Responsible for the supervision of the district detectives, maintaining all detective records, reviewing reports, assigning cases, assisting with search warrants, attending training and evaluating the quality of reports written by patrol deputies. (Contract F.T.E - .S / Utilized -1) Commander- Responsible for maintaining operations within the Town of Fountain Hills. Monitoring the duties and responsibilities of the supervisors and deputies while providing operational support, materials, and equipment. The commander is also responsible for keeping abreast of activities within the district. They must work with the Town Manger, Town Council, and members of the community to form a successful partnership to help deter criminal and unsafe activity. He is the Town's equivalent of a Chief of Police. (Contract F.T.E -1 / Utilized -1) Youth Services- Responsible for providing and coordinating security at all schools within the Town of Fountain Hills. In addition, the youth services deputy must create and instruct educational programs quarterly. These programs will include drug, driver, and traffic education. They are also responsible for coordinating the Midnight Madness program, annual charity golf tournament and working with the Town Park's and 7 Recreation coordinator. 70% school security and education, 30% Midnight Madness and other youth activities. (Contract F.T.E -1 / Utilized-1) 1%� Crime Prevention / Admin Deputy- Responsible for coordinating crime prevention programs. They will work closely with business owners, the LEAP Committee, and other town groups and organizations. They will also coordinate the Block Watch programs and communicate with patrol deputies the concerns of the business owners and citizens. 60% business owners, 20% block watch, and 20% other groups and organizations. (Contract F.T.E - 0 /Available 1) Right of Way Enforcement Deputy- Responsible for working with the planning and zoning enforcement officers along with enforcing Town code violations that pertain to vehicles and violations that occur on the roadway. The town code deputy will also be responsible for animal control problems and animal registration. 70% town code and 30% animal control. (Contract F.T.E -1 / Utilized -1) Traffic Complaint Coordinator- Responsible for enforcing traffic violations, accident investigation, and working with town engineers on possible solutions to traffic problems. This deputy will answer citizen's complaints about traffic violations and take appropriate steps to help alleviate them. These steps include enforcement action, radar, and driver education. 70% traffic enforcement and investigation, 30% education. (Contract F.T.E -1 / Utilized -1) Administrative Assistant- Responsible for coordinating with the community policing sergeant and district commander. They are responsible for telephone communication, computer entry, filing, coping and working on any other assignment the office may have. This position will also include staffing the front window counter in the public safety building. This will continue already established service that allows a town resident to come to the station and speak with a law enforcement representative in person during the normal business hours of the work week. (Contract F.T.E -1 / Utilized -1) Posse (Volunteers)- Working under the direction of the Sheriff, the Fountain Hills Posse members are responsible for assisting the patrol deputies, transporting prisoners, vacation watches, crime prevention, block watch coordination, community service, traffic direction and many other community policing duties. The Fountain Hills Posse donated over 8,000 man hours last year serving Fountain Hills. This equates to four fulltime positions at no additional cost to the Town. *This page revised June 18, 2003 R 8 Fountain Hills Law Enforcement & Community Policing Services Fountain Hills Town Sheriff Arpaio ' . Mana er Sheriff's Commander _ Resources (K-9 / Swat / Air Unit /etc..) Patrol Sergeant Patrol Sergeant Patrol Sergeant Patrol Sergeant Detective Unit Community Policing Squad 1 Squad 2 Squad 3 Squad 4 Sergeant Sergeant Patrol Patrol Patrol Patrol Detective Youth Deputy Deputy Deputy Deputy Services Patrol Patrol Patrol Patrol Detective Crime Deputy Deputy Deputy Deputy Prevention Patrol Patrol Patrol Patrol Detective Deputy Deputy Deputy Deputy Court Services Patrol Patrol Patrol Patrol Right Deputy Deputy Deputy Deputy eWay Enforcement Traffic Complaint Coordinator Administrative Assistant Fountain Hills Posse (Chart depicts contract at 3.5 beats. One patrol deputy on each squad would spend 50% of his/her shift in Fountain Hills and 50% of the shift serving the unincorporated areas around Fountain Hills.) 0 Police Costs Per Capita $500 $400 $300 $200 $100 $0 Tempe Tolleson Mesa Paradise Avondale Fountain Gilbert Valley Hills (projected FY 03104) Cost Comparison (FY 02-03) What local Cities and Towns pay for their Law Enforcement services In closing, when you contract your law enforcement services through the Maricopa County Sheriff's Office you receive a service that will cater to you from start to finish. All this from an agency that has the resources to get the job done and can do so while taking the responsibility of any potential liabilities that may arise. The advantages for this type of law enforcement program are numerous. First, having only one agency allows the dissemination of communication to flow freely. Deputies also have the common goal of supplying quality law enforcement, without the risk of interfering with another agencies operation. Another advantage is that this type of plan represents a flexible alternative, designed to meet the needs of a changing community. Should a supervisor see a change in a crime trend they can re-evaluate their staffing or use the abundance of Sheriff's Office recourses to help alleviate this negative trend. Lastly, the Sheriff's Office has always been accommodating to the needs of Fountain Hills. Having supplied law enforcement from the beginning, our Office will not allow the town to fall victim to substandard performance. Our partnership represents a long history of working together and sharing the benefits of contract law enforcement. The Sheriff's Office hopes that this partnership can continue for many years to come. 10 Benefits of Contracting With the Maricopa County Sheriff's Office The quality of law enforcement services delivered by the Maricopa County Sheriff's Office reflects professionalism, exemplary ethics, and the highest quality of commitment and dedication to duty. Beyond "blue ribbon" service are many reasons that make contracting with the Sheriffs Office an excellent choice. Consider the following benefits.. Community Oriented Policing - Community Oriented Policing (COP) has always been the way of doing business at the Maricopa County Sheriff's Office. Office managers and personnel adhere to the philosophy of Problem Solving; effective police -community partnerships are forged. The community actively participates in the identification of community problems, the resolution of those problems, and the evaluation of the outcomes. Through this kind of partnership, the Office and the Town of Fountain Hills will build upon a common goal —to control crime, maintain order and improve the quality of life in the community. The Maricopa County Sheriff's Office has provided law enforcement to the Fountain Hills area since Arizona became a territory in 1863 and continues to do so. Knowledge of Fountain Hills - Since the establishment of Fountain Hills as a community, the Maricopa County Sheriff's Office has been providing law enforcement services to Fountain Hills. A close relationship has been established with the residents of this community. In fact, many of them volunteer their time in the Sheriffs Fountain Hills Posse, and the Fountain Hills Mounted Posse located in The Town of Fountain Hills. In addition, a cadre of officers presently working in the Fountain Hills area has gained invaluable knowledge of the community and its issues. Several of its members have been long time residents of Fountain Hills. Economy of Scale - The Maricopa County Sheriff's Office is a large organization with more than 2,500 employees. The crucial functions of recruitment, selection and hiring are both time intensive and costly for such a sizable organization. Additionally, a sophisticated infrastructure including communications ability, 9-1-1 operators, record keeping, evidence storage, and fleet management is already in place. The Town would pay only for the services provided, rather than having to purchase, operate and maintain each of these systems. Liability Issues - The Maricopa County Sheriff's Office will assume responsibility for the actions of Office employees and hold the Town of Fountain Hills harmless in litigation arising out of actions by county employees. 11 M Training - The Maricopa County Sheriff's Office seeks the very best personnel and maximizes the human resources of all members of the Office, sworn, civilian, and volunteer. In 1999 the Sheriff's Office began its own Deputy Sheriff Training Academy. Its goal is to maintain the highest standards possible while pinpointing the instruction to fit the needs of the citizens served by this office. Mandated training for all sworn staff --basic, advanced, and management, is provided at the Sheriffs Training Center. The Maricopa County Sheriff's Office is committed to the precept that training is essential to the development and maintenance of excellence in the organization. Ancillary Services - The Maricopa County Sheriff's Office is the most diverse law enforcement agency in Arizona. In addition to Patrol Services stationed in the north, east, south and west areas of the County, the Office offers a broad spectrum of ancillary services. Uniform operating procedures, common radio frequencies and a unified command structure enable the Office to function as a highly efficient law enforcement service provider when handling local emergencies, countywide disasters and special events. Ancillary services are included in contract services provided by the Office. 12 Services The Town does not need to devote staff to hire and process prospective Deputy Sheriff applicants. The Sheriff's Office conducts recruitments for hiring. We complete all the necessary pre -hire screening, to include, testing, polygraph examination, psychological examination, physical agility testing, medical examination, background investigation, Academy training, and Field Training. When Fountain Hills contracts with the Sheriff's Office the county assumes the liability for the actions of its deputies. Thus, the town is in the position of saving money from potential lawsuits. The county also takes care of vehicle maintenance which means that there is a large fleet of vehicles to draw from, in the event a vehicle goes out of service. • Consistent Manpower Availability • Built into Contract Overtime Sick Time Court Time Training Time Industrial Injury Vacation • Personnel Hiring/Hiring Costs Polygraph Background Physicals Training Academy Field Training Psychological Services Critical Incident Stress Management Team Transfers Deputies may be transferred to another post outside of Town at the desire of the Town Manager/ City Council • Vehicle Replacement/Service Scheduled Replacement Accident Replaced Service Centers in Place Patrol Cars Always Available 13 Why Fountain Hills should contract with The Maricopa County Sheriff's Office The Maricopa County Sheriff's Office is a unique law enforcement agency that has many resources to offer, in the way of contract law enforcement. When a town contracts its law enforcement services through M.C.S.O., they receive more than just the deputies that patrol their streets. They receive the resources that are available to these deputies. Support Services M.C.S.O. has many specialty units that can be deployed at a moment's notice as First Responders. They have the ability to mobilize up to fifty deputies at any given time. These deputies have the necessary training and experience to quell riots and unlawful protests. Our SWAT team has the ability for strategic insertions and management of hostage and barricade situations. Our K-9 unit is diversified enough to detect drugs and explosives, as well as track fugitives and missing persons. Our Lake Patrol Division has the skills necessary to respond to mass disasters and treat casualties, as most of these deputies are also certified Emergency Medical Technicians or Paramedics. Lake Patrol deputies take home their assigned vehicles and are available for immediate response. The Sheriff's Office maintains other specialized skills such as hostage negotiators, bomb technicians, search and rescue personnel, undercover narcotics investigators, homicide detectives, arson investigators, other specialized detectives, and traffic fatality reconstruction specialists. Other resources include highly skilled evidence technicians, S.T.A.R deputies (replaces D.A.R.E. program), and an established property / evidence room, commercial vehicle inspectors, mounted wilderness deputies, and bicycle patrols. The Sheriff's Office adheres to the philosophy of community oriented policing, that is: working with the communities we serve as partners in solving specific problems. As a result, the Sheriff's Office has the largest volunteer law enforcement contingent in the nation. This contingent is made up of 2,400 Posseman and 120 Reservists. To further serve the community, the Sheriff's Office has the ability to transfer deputies in and out of an assignment here in town in an attempt to find deputies who are the most compatible and best suited to provide the services offered under contract law enforcement. The Sheriff's Office also operates a 24-hour communications center, which is responsible for dispatching calls for police service. This state of the art center is equipped with the latest technological advances including the Federally mandated 800 MHz radio system. The communications center also maintains the enhanced emergency 911 system and employs professional dedicated 911 operators and dispatchers who are also trained in Emergency Medical Treatment (E.M.T.). When a community contracts with The Maricopa County Sheriff's Office we will assume responsibility for the actions of Office employees and hold the Town of Fountain Hills harmless in litigation arising out of actions by county employees. The county also takes care of vehicle maintenance, which means that there is a large fleet of vehicles to draw from, in the event a vehicle goes out of service. 14 Available Resources • Investigations Arson Auto Theft Homicide Internal Affairs/Inspections Special Investigations Narcotics White Collar Crime • Investigative Support AFIS (Automated Fingerprint Identification System) Identification Technicians Print Specialist Photographic Specialist Composite Artist Crime Scene Reproduction Secure Property and Evidence Facilities • Enforcement Support SWAT K-9 Motorcycle Enforcement Squad Aviation Explosive Technicians Riot Response Unit Bicycle Unit S.T.A.R Program ( replaces DARE Program) Search and Rescue • Posse and Reserves • Training • SCUBA Divers • Incident Command Vehicles Command Center Trucks Booking Vans Logistical Support Vehicles 15 Vision and Mission Statement The Maricopa County Sheriff's Office Contract Law Enforcement Mission is to provide cost effective municipal law enforcement service responsive to the varied characteristics of the served. Our guiding values are: SERVICE TO CITIES AND TOWNS We recognize contract cities and towns as the ultimate focus of our municipal law enforcement activities. We are committed to understandings each city's and towns vision, underlying values and specific needs ant to administer/develop law enforcement services that respect the desires of the cities and towns. ETHICS We recognize our badge as a symbol of public trust and expect exemplary behavior from our employees both in the performance of their duties and in their personal lives. We monitor adherence to department rules and standards to ensure the highest level of law enforcement service and the respect of our contract cities and towns. QUALITIES We strive for kind, understanding, and courageous professional service in delivery of community -oriented law enforcement. ADAPTABILITY We accept change in meeting the specific needs of contract cities and towns. We encourage questions on established practices and suggestions for doing the job better. TEAMWORK We work as partners with our contract cities and towns. We share our plans and strategies, providing on -going honesty and candor in communications. We require individual accountability. INTERNAL OPERATIONS We aggressively pursue the internal efficiencies and flexibility necessary to deliver quality service at a reasonable cost. The Maricopa County Sheriff's Office Vision Statement The Maricopa County Sheriff's Office is a fully integrated law enforcement agency committed to being a leader in establishing the standards for providing professional quality law enforcement, detention, and support services to the citizens of Maricopa County and to other criminal justice agencies. 16 Eg*d 7d101 ••� •• ••��• . • ��v.. .. V/"'i111d VI •7 Ur'crS�/1►7VR� AGENDA FORM . CarrtmWLease tore M'NEW bd RENEWAL' '' -` ❑ AMENDMENT ® CANCELLATION LOW ORG. NO. " M _ DEPARTMENT: County Administrativg O c-0 CONTROL NUMUk t,-82`8&D08 ENCUMBRANCE NO. Seo &Mche_qCONTROL NUMBER: ,. c,ri►�r vwa.rUr 91UN ur t-KUPUSAL AN[) REQUESTED BOARD ACTION: The Board of 9 . . upt:�+is� annirally apP� agreraiencs with mxmCipallties seeJring law exdbrrxarrm aetviccs to be provided by Marieopa Ott: On July 5,1995, the Board &=tvd Cotultr staff to wort with towns to rCf= updatrd ctouaa. laagm9e and develop a cost ramkusemcnt foimnla acocpiable to all psrties based upon the cost/bettc5t to Marlc�pa Cotm(y A scd* of meedogs was held to develop ga%dtu= fur a M-W reimbursacmrat formula for the law CdMCC=t agreements, based on budgeted oasts for the causer fisCZl yrar for aCthifieS dn=ay attnbuted to fulfilling the rtqummd law enfaroemcnt anvicm Agmcmear %•as marred regarding appmpriata tx for personnel, supplies and services, vehicles and vWcage, and communications, The result of dL%msnons With tba municipaliiits is a new Cost AH&aiioa Formula for law adbrc>ertl[:dr =vitx'S Abet is lannlnorrtd by all muai.tdpraUt'M the Sbedirs lice and the. O iim of Managcmrm and Budget. All municipalitics, the Shc:'a CHE and Coanty Atrorney'B QZec alas ar,= ou the refined oontract language. The comaacts are for a tlutxycar lum. with the dollar ammw for subscqu= bscal years to be derived utilizing the Cost Allomtinn Formula. The dollar amount will be coranoumcalcd 10 tl z musaicipalWtz by Apra 1 of each year, and apprm cd by the Board of SupcMsors wuhin the context of appmPal of rho C:atuuy fiscal year budget Enmmbranco n=bess for t1w conbarta are: Town af C:amfine - 01 'fawn of Gila Brad - 91URF- Town of Cave Creek - 99I07;m- Town of Guadalupe 1�.ffTown of Queen C:raelc :911034e- 2, Carnpliance with Maiirzpe County Procurement Code AA011 U r`y ArtiGe Paragraph ProcLo ment Officer 3. CONTINUED FROM MEETING OF: 4, OTMIS DEPARTMENT WILL CAUSE P( 191YCATION DISCUSSED IN MEETING OF: 17 CLERK OF THE BOARD TO CAUSE PUBLICATION 5. MOTION: it is moved that the Maricopa County Board or Supervisors, Approve the Agrestncnts for Law iEnforcemrnt Services for the tarn July 1, 1995 to June 30, 1998, and the cost ailocatitmf6muLa, with. the dollar amounts fox the teem, July 1, 1995 to June 30, 1996 to be: I 'Town of Carefree $79,15a; To,%u of Gila Bend - SZ00,946; ��r Town of Cave Crack - $ISO,190; Town'af Guadalupe- $572,205; Town of Fountain Hills - $577.735; Town of ecn Creek - S59 995- G. FINANCIAL ®Expenditure ❑ Revenue ElBudgeted D Contingencyn ansfer 11 Grant or Other $I ,698,229 p.SQp Tell FurA �t�.rFT.r✓--�- 1.� i' ..�i�sw. o a- - Meptew maw ply 7. PERSONNEL; S. COUNTY AD I ISTRATOR'S OFFICE: Date Action RewrnmeWd By Date a.MA.TERiALSMIANAGEME 10.LEGA :� oradwto and wiWnlhepownar4a�t4w*pramed►odor of r►so c of to the Bond d sWtec,o, Materials nagement rector Date B• eputy Co t Date WIMSE Re Tese�ntauve Data d ": Ccni, Q�'sr3",f' �" _ 13�X...41� 12�APPR V FORAGEND �Ta cas Approving Official Date 3 B ARD SORS: ncuon taken: )kApmrnendW OisapprovW ❑ Deleted 14. RECOMMENDATION OF COUNTY ADMINISTRATIVE OFFICER: Approve 0 Mapprova t Co ti ue to. Comments: (Date nd type of mmin©; Cierk of the Board ate Cou ty Administrative Officer Dafe /7 EO/EO•d ST:bO 200E-ET-Nnr 1) 0 0 N CO O CO r- N CO O Ln CD T w m(D m m m� m N co I- U) co H? EFT w cq � m ti m to J « c 0 c o Q U O O ('7 N (D O CD O O N V N Co O (D -m W V OOO�W L1) V N - ER fA N N w w w -0 0 ' m o x U LL m c « F 'c � CD 0 0 0 0 0 0 0 0 N N N N N N N N J C J Q = N (o N O c7 f- N N `N M co (Y) (o Ln O c') c7 >« 0)N ci C\j cm 3 o N (M V- N N a HT w w w CA co(A GG m N C N (D N N N co N N C') I- C`) N 00 - PM m 0) O 0) 00 (C) N 0) 0) 021, W R N LC � T c0 >J o Q O -CD-rpx-© a�L-r� o r- N O Cp (o N +-- O-*= --- Lo O O O O O O O o m Nc c a o E 12 J N z a a N 'E5 in m (D � O C-)c co CD- 0) c d Cj 2 o > w- w o > 'E (n U aci Y C: p> > c CaW o No a) m C) (o R o 0 MC a- 0O -DUH FO- RESOLUTION NO.2003-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2003-04. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal year 2003-04 is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution and recordation of the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 19, 2003. FOR THE TOWN W.J. AIN HILLS: ATTEST: REVIEWED Timot y G. Pickering, Town Manager 9196.004\MCSO IGA 03-04.res.doc 6-18-03-1 1-4 ✓t Bevelyn J. B er own Clerk APPROVED AS TO FORM: 0, ) - �` Andrew J. McGuire, Town Attorney ,%W Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 6/19/03 Contact Person: Tim Pickering Requesting Action:® TVDe of Document Needine ADDroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development law enforcement equipment. Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Consideration of RESOLUTION 2003-37 regarding the disposition of unnecessary Staff Recommendation: Approve Fiscal Impact: Yes Purpose of Item and Background Information: Councilwoman Nicola has sponsored this agenda item. She would like Council to consider placing whatever proceeds are obtained through the sale of FHMD vehicles (and other equipment that may be authorized for sale) into a capital reserve account dedicated to providing future capital needs. That can mean either a start-up fund, should contracting law enforcement be problematic in the future, or providing a police station for our contracted officers should we move to the town center modules. The point is to use it for capital police expenditures, rather than going into the general fund, as the monies were not targeted as a revenue source. List All Attachments as Follows: Resolution 2003-37 Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head .,� /,2 03 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\agenda cover sheet\nicola reso sales of vehicles.doc RESOLUTION NO.2003-37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO THE DISPOSITION OF UNNECESSARY LAW ENFORCEMENT EQUIPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") passed Resolution 2003-16 on April 3, 2003, providing law enforcement services by contract only; and WHEREAS, the Town of Fountain Hills (the "Town") has accumulated law enforcement equipment previously utilized by the Fountain Hills Marshal's Department; and WHEREAS, the Town Council has determined that it is in the best interest of the Town to liquidate all unnecessary law enforcement equipment; and WHEREAS, The Town Council desires that proceeds from the disposition of unnecessary law enforcement equipment be maintained in a special capital account until such time that the Town elects to create its own police department. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the Town Manager is hereby authorized and directed to create a special capital account for funds generated from the disposition of unnecessary law enforcement equipment for future use as seed money for the Fountain Hills Police Department. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 19, 2003. FOR THE TOWN W.J. Nichols', AIN HILLS: ATTESTED TO: REVIEWED BY - Tim G. Picke 'ng, fown Manager 9196.001\ResolutionsTolice Equip.res.doc 6-11-03-1 �. MOFASVIAM ��il mm APPROVED AS TO FORM: 0 J. - A'�4 Z�Z - Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Consent:❑ Regular:® MeetingDate: 6/19/03 Contact Person: Pickering Requesting Action:❑ Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Budget Council Prioritv (Check ADDronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report, Only: ❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2003-27 adopting the 2003-04 budget. Staff Recommendation: Approve Fiscal Impact: Yes $18,665,838 Purpose of Item and Background Information: At the May 15'h Council meeting, I provided a presentation of the proposed $12.6M general fund budget and all funds budget of $18.6M, which includes the general fund. I recommend that the Council adopt this budget. List All Attachments as Follows: Resolution 2003-27 Type(s) of Presentation: verbal Signatures of Submitting Staff: Department Head Town nager R Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS �.. Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and Council DT: June 12, 2003 FR: Tim Pickering, Town Manager /� RE: FY 2003-2004 Budget follow-up Per the Council's request, please find additional information regarding the proposed FY 2003- 2004 budget. DEPARTMENT OF JUSTICE AND LAW ENFORCEMENT CHANGES The Town Attorney and I participated in a telephone conference call with Art Williams of the Justice Department on Thursday, June 12. Mr. Williams stated that if the Town sent letters of withdrawal of our grants due to financial hardship, that the Town would not owe the federal government any money and our requirements to retain a certain level of officers would be removed. This relieves any financial liability caused by the grants. He stated we could inform the Council of this news. In keeping with Resolution 2003-16, the letters will be sent and we shall await documentation. With this news, I feel comfortable recommending adoption of the budget as it currently stands. Once documentation of our closed grant account is received, the budget can be revised to reflect the change to an all Sheriff department. Our existing Marshal employees should remain employed until that documentation is received. Due to the Sheriff staffing increase, the probable addition of contracting for animal control and the possible addition of an Emergency Management Coordinator, the dollar amount of the law enforcement budget should remain relatively fixed at the current proposed budget level of $1.7M. Law enforcement changes will also affect how code enforcement is handled. My intent is to hire Town employees as Code Compliance Inspectors as they are less costly than contracting for this service. I completed an analysis of contracting out these duties, but hiring our own employees is less expensive. With the current workload in Building Safety division, which has recently lost two Plan Reviewer positions, it may become necessary to hire a consultant to oversee the initial supervision and creation of the civilian employee code enforcement program. The consultant would assist the Town in selecting and training Town employees, review equipment, uniform and vehicle needs, revise existing forms and review our municipal code for changes. BUDGET ADJUSTMENTS As directed by the Council, the FY03-04 proposed budget has been revised to reflect the allocation change of the Downtown Development Coordinator. The position is now proposed to be funded 25% from the General Fund and 75% from the Downtown Development Excise Tax fund. The General Fund will absorb the additional cost of $14,155 within the undesignated position, which has remained in the Administration budget since the former Town Manager went on disability leave. The Excise Tax Fund (Downtown Development) expenditures will be reduced by $14,155. The positions' title will be revised to Economic/Downtown Development Director. Our overall budget remains at $18.6M for all expenditures. OUTSIDE PROGRAM FUNDING As requested, the staff researched the use of park development fees. After reviewing the development fee ordinance, staff and the Town Attorney believe the $209,000 budgeted in the general fund for the Fountain Park ramadas, can legally be paid for with development fee dollars. The intent of the development fee is to implement the goals, objectives and polices of the general plan to provide new park facilities to new residents. The ramadas are specifically mentioned within the general plan. Additionally, the development fee ordinance states that park and recreation development fees may be used for recreation facilities and improvements. Please remember that development fees can only be used for public improvements, facilities, or services necessitated by new development. This is a topic of our June 18 Park Commission meeting. Although the staff continues to discourage this method as a way to fund outside programs, this is a Council decision. If ramadas are budgeted from park development fees, approximately $400,000 will remain in the fund to purchase future park land. Most outstanding budget issues are resolved except, if the Council desires to fund the Boys and Girls Club at $143,000, add an additional $40,000 Senior services, add an additional $30,000 to the Community Theater, and add an additional $6,500 for tourism to receive matching grants. This totals $219,500. Staff believes downtown excise tax cannot be used toward tourism funding since those funds would assist the entire Town, not just the downtown area. Staff and Rural Metro reduced the fire services agreement by approximately $100,000, but I need to remind the Council that budgeting is an art, not a science. As you have read from this week's actions at the State Legislature, the Town will be lose approximately $28,000 that we had budgeted in court revenues. Other unanticipated actions such as lawsuits settlements, severance packages, the need to add consulting fees when employees depart, requests for sales tax refunds, etc. can have a negative impact on the Town's bottom line. So in summary, be cautious if you do decide to provide funding to outside entities. One final note regarding outside entity funding. I received a call this week from Ft. McDowell and have scheduled a meeting with their consultant and administrator to discuss the process for Proposition 202 funding. I do appreciate Senior Services' 6.9.03 suggestion that their funding would only occur if Prop 202 funds were not pledged by a certain date. C: Julie Ghetti, Accounting Supervisor Tpickering/tgp/my documents/budgetfollow-up.doc/6/12/03 RESOLUTION NO.2003-27 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 2003- 2004 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.), the Town Council did, on June 19, 2003, make an estimate of the different amounts required to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Fountain Hills, Arizona, and WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council met on June 19, 2003, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies, and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 19, 2003, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates, and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42-1705 1 (A), therefore be it RESOLVED, that the said estimates of revenues and expenditures/expenses shown on the accompanying schedules, as now increased, reduced, or changed, are hereby adopted as the budget of the Town of Fountain Hills, Arizona for the fiscal year July 1, 2003 through June 30, 2004. PASSED AND ADOPTED by the Fountain Hills Town Council, this 19th day of June, 2003. FOR THE TOWN OF/f'OUNTAIN HILLS: ATTEST: W.J. Ni 5103 Bevelyn J. Be der, own Clerk APP VED AS TO FORM: ,�' I - M - /'1" Andrew J. McGuire, own Attorney Senior Services of Fountain Hills, Inc. R P.O. Box 18561 Fountain Hills, AZ 85269-8561 480.816.5888 MEMO Date: June 9, 2003 To: Tim Pickering, Town Manager Cc: Mayor Nichols and Council Members From: John O'Flynn, President, Senior Servic s 1fMt Re: Town Manager's "Executive Summary' ted 5-27-03 concerning the Prop 202 funds We are interested in pursuing the idea of soliciting Proposition 202 funds from the Fort McDowell Indian Community. We maintain, however, that the Town must take the lead since we have no leverage or clout with Fort McDowell. We have solicited their support but to no avail. Example: a) Sept. 3, 2002 our letter to FTMD requesting $10,000. No reply b) Dec. 19, 2002 follow-up letter hoping to find them in the Holiday Spirit and advising them that Salt River Community gave us $1500. (from whom we had requested $5,000.) No reply c) Feb. 5, 2003 a P letter No reply We would like to again present our case to Fort McDowell, but we need Town support to assure a fair hearing. In the meantime, our operating expenses continue. We are confident the Council will find a way to fund our $40,000 request in the current budget considerations. We implore you not to delay approving Town support for Senior Services' 2004 budget in the "hope" that the Fort McDowell community will give us money. Please approve the $40,000 payable in December 2003 if Prop 202 funds have not been received by then. Thanks for supporting us. located in the Fountain Hills Town Complex, 16836 East Palisades, Bldg C—entrance faces La Montana Des ignWorks hop Mark Soden. Principal 310 S Mill Avenue Suite 201 Tempe, Arizona 85281 4 8 0 - 9 6 6 - 5 8 8 1 A Holistic thinkers are more open to inspiration than others because they instinctly ask questions that others do not: What inner compo- nents give this thing its form? Of what larger forms is this thing an element? How does participation in these larger forms affect its identity? These ques- tions open up a variety of perspectives.. make the mind fertile for new ideas, and equip us to appreciate the apparent discontinu- ities --the surprising anomalies --that, can result in important discoveries," The Grace of Great Things. Creativity and Innovation Robert Grudin Spectrum Brand Planning Karen Marvel. Principal 14508 N Lark Ct. Fountain Hills. Arizona 85281 480-966-5881 TABLE OF CONTENTS Introducing DesignWorkshop and Spectrum Brand Planning ................................................ 2 ProjectLeaders........................................................................................................ 2 Mark W. Soden, A S L A, AI C P........................................................................................ 2 KarenE. Marvel........................................................................................................ 3 Project Leaders' Relevant Experience........................................................................... 3 Proposal for the Avenue of the Fountains Concept Plan .................................................... 4 OptionA................................................................................................................. 5 OptionA Cost Proposal.............................................................................................. 6 OptionB................................................................................................................. 7 OptionB Cost Proposal.............................................................................................. 8 OptionRecommendation............................................................................................. 9 Addendum..............................................................................................................1 0 DesignWorkshop, General Information..........................................................................11 Mark Soden, Project Leader, Relevant Experience..........................................................13 Karen Marvel, Relevant Experience.............................................................................14 Spectrum Brand Planning Example...........................................................................15,16 Mark Soden, Planning Examples 17-22 DESIGNWORKSHOP spectrum INTRODUCING DESIGNWORKSHOP AND SPECTRUM BRAND PLANNING A collaborative team dedicated to create the Avenue of the Fountains concept Design Workshop is an award -winning, international firm practicing landscape architecture, land planning, urban design and tourism planning. We combine principles of smart growth, sustainable design and environmentally sound planning to reconcile economic needs with the preservation of scenic, cultural and community values. At the present moment, the firm comprises 140 designers, planners and support staff in 12 North and South American offices in Aspen, Denver, Santa Fe, Phoenix, Vail, Park City, Lake Tahoe, Jackson Hole, Asheville, N.C., Sao Paulo, Santiago and Santa Cruz, Bolivia. Our pioneering efforts have been recognized with more than 70 awards from such organizations as the American Society of Landscape Architects, the American Planning Association and the Urban Land Institute. Spectrum Brand Planning is a Fountain Hills -based firm that works with a broad range of clients, industries, and brands. Specializing in assembling talented people into collaborative teams, Spectrum is a pioneer in a unique approach to Place Branding. Recognizing that quality of life, manmade and natural environment, community culture, and economic and political facets are cornerstones of every community, we develop strategic plans to weave a community's unique values for each cornerstone into both physical and marketing communications that represent the community. The strength of this technique is that it keeps in sight the community values when making critical decisions for the town's future. These same principles lead to the integration of the community values into a foundation for economic development and tourism marketing strategies and communications. PROJECT LEADERS MARK W. SODEN, ASLA, AICP Principal, Design Workshop Mark Soden is a licensed landscape architect in the State of Arizona and a member of the American Institute of Certified Planners with over twenty years of experience in the fields of urban and streetscape design. Mark's planning and design experience has included the preparation of master plans, feasibility studies, site plans and construction documents. Mark is currently the lead designer for the City of Scottsdale's planned linear park along the Arizona Canal through the historic downtown area. The park has a construction budget of over $7.0 million for shade structures, walkways, landscaping, lighting, and furnishings. An important goal for the project is to reflect the historic character of downtown in the design for each of the park's components. Mark was the lead designer for the first Community Park built in the master -planned community of McDowell Mountain Ranch in Scottsdale, Arizona. The three -acre park included picnic ramadas, a water feature, play area, sport courts and an open lawn/amphitheater. The project won a Valley Forward Award for Environmental Excellence for the manner in which the native desert landscape character was integrated into the park design. Mark is a member of the City of Scottsdale's Development Review Board and he is serving on the City's McDowell Sonoran Preserve Planning Committee. He is a member of the Arizona Planning Association's Professional Development Committee and is an associate member of the faculty in the School of Planning and Landscape Architecture at Arizona State University where he has taught courses on ecological inventory and analysis, site design and land -use ethics. DesignWorkshop & Spectrum Brand Planning © April 2003 0 KAREN E. MARVEL Principal, Spectrum Brand Planning After years of working in executive positions with recognizable retail and service brands, Karen applied her strategic planning capabilities to a number of organizations that do not traditionally think of themselves as brands. Her business, Spectrum, sprang directly from her experience and understanding that branding is not just the face of an entity's philosophy — it should permeate and shape all aspects of the organization and its strategic decisions to keep it aligned with their vision and promise. Karen places the client's brand always at the center of a client's project. This ensures the identity and values of the brand are always incorporated into the work. Collaboration is also an important facet of Spectrum. Because input for brand planning is needed from a wide range of disciplines, Karen works with collaborative teams that are created for the specialized needs of clients' projects. The team members are experienced professionals from organization management, operations, coaching, marketing communications, interior design, and urban and landscape design and planning. Karen's background includes developing and executing strategies and tactics for a wide number of industries and brands. Probably one of the few strategic planners who can claim to be a Certified Lube Tech, Karen's past positions include Director of Marketing for Jiffy Lube International and Midas International; Director of Retail Operations and Products for a Fortune 500 company in Memphis (ACI America, now VVP), VP Brand Planning & Research for Moses Anshell, VP QLM Marketing (a national Promotions agency based in Princeton, NJ), and Account Supervisor for a major regional advertising agency based in Seattle (Evans, now Publicis). Karen's past client experience has included Arizona Department of Commerce, Scottsdale Convention & Visitors Bureau, Arizona Office of Tourism, PETsMART, Dial, Argus Brand Merchandise Company. Current clients of Spectrum are Town of Prescott Valley, Prescott Valley Economic Development Foundation, Greater Prescott Region, Honeywell Intellectual Properties Division, Terri's Consign & Design. Karen is certified as a Woman Owned Business Enterprise and an active member of Account Planning Group US. Additionally she has contributed time to Salvation Army, Valley of the Sun YMCA, Mercy Healthcare and Barrows Foundation, and Upward Foundation. PROJECT LEADERS' RELEVANT EXPERIENCE Resumes of Project Leaders can be found in the Addendum of this response. DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 PROPOSAL FOR THE AVENUE OF THE FOUNTAINS CONCEPT PLAN The key assets DesignWorkshop and Spectrum Brand Planning bring to this proposal are found in the basic beliefs of our organizations: • Creative Collaboration: Before "collaboration" became an important buzzword for the New Economy, both Project Leaders understood and used the strengths of collaborative teams to bring added value to projects. Which leads to the next point. ■ Synergy of Core Philosophies: DesignWorkshop believes in marrying environmental and community idealism and developmental realities. Spectrum Brand Planning integrates another important dimension, one of Brand Planning. The Avenue of the Fountain plan is not just park benches and landscaping. It represents a strategic vision for the future of the town's development as a "place." This concept will be the first "face" of the town's brand, from which spring opportunities to market for the attraction of investment and development. In essence, this concept piece is a vital connection to the future development of the town's distinctiveness and value. Our proposal consists of two options. Option A mirrors the scope of work as outlined in the RFP. Option B suggests moving up input on the style/designs earlier in the process through the use of Image Workshops. DesignWorkshop & Spectrum Brand Planning © April 2003 0 OPTION A SCOPE OF WORK AS OUTLINED BY RFP A. Data Review & Background Research $3,200 Total 2 to 3 weeks ■ Preliminary review of research ■ On -site visit to project area Includes internal meetin ■ Review any additional research provided project start-up. by Town ■ Meetings:* Introduction of team, input on project; ideas 1. Downtown Consensus Team 2. Town Council 3. One evening public meeting B. Preliminary Concept Drafts Total 30 days 1. (3) different styles or design $16,450.00 2. (1) overall strategic approach to specific elements such as parking, restroom locations, etc. 3. Overall Deliverables (a) Hand drawn circulation and parking diagram; (b) Schematic Plan showing paving, landscaping pedestrian amenities, public attractions, furnishings and light pole locations, and art locations; (c) Event layout plan;(d) Elevation of typical signage elements; (e) Elevation of typical light and fixture pole; (f) Phasing diagram;(g) Cost estimat;(h) Plan executive summary and detailed narrative of design strategy C. Presentation of Preliminary Concept $3,500.00 Total 2 weeks With 3 styles, we Drafts* Meetings to gain consensus on design or Prepare presentation anticipate this stage style Key staff presenting at t may require a longer Public Meetings — 2 meetings commentary period) Downtown Consensus Team, Town Staff, and Town Council for work session D. Preparation of Final Concept Plan* Total 2 to 3 weeks ■ Based on findings from Part C above, $4,000.00 refine one plan with all of the cost, Refine Concept graphics, narrative, etc. but also Develop presentation includes implementation strategy 1. Present final concept to Town Council for direction E. Completed Concept Plan* $1,450.00 Total 1 week ■ Incorporate changes, if any, from Town Final review with staff, Council and present for approval adjustments, layout and 1. Includes 30 copies of final plan; disk design of final plan and or PDF of graphics and reproducible pre -production for copy of plan printing ■ Total Meetings 8 Total Fees $28,600.00 Total *Presentation Materials: includes Display Timingll to Boards, Handouts, Booklets:(Design, Edit, 13 weeks Printing, Binding) DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 OPTION A COST PROPOSAL Compensation to DesignWorkShop and Spectrum Brand Planning which includes fees to perform all of the tasks and time schedules indicated in the outline above. Price estimate includes the assumption that the town will provide digital files (ACAD) to use as base maps for the study area, These maps should show all of the improvements in the ROW as well as existing structures and parking on parcels adjacent to the ROW. Materials that will be required for the meetings as indicated by the asterisk in the outline include 30 copies (50% color), printing and binding; and additional materials for display boards and meeting handouts. Fees $28,600.00 Materials $1,800.00 Total Option A $30,400.00 DesignWorkshop & Spectrum Brand Planning © April 2003 0 OPTION B WITH IMAGE WORKSHOP APPROACH This option allows for earlier creative input for themes and styles. This technique is beneficial as it is less subjective and more strategic. By using Image Workshops at the outset of the project, we are able to interpret the community values into visual interpretations. Because the process introduces design "feelings" at the beginning stages of the process, the style/design focus can be targeted and tailored to the community's idea of their distinctivenes. Later options can then be based on details— cost/benefits within the design genre —rather than the emotionalism related to genre itself. In addition, the Image Workshops allow for more input into planning priorities for phasing in the improvements. A. Data Review , Background Research, and $1,200.00 Total 2 weeks Image Workshop Preparation ■ Preliminary review of research Includes internal ■ On -site visit to project area & briefing meetings for project with Town Planning & Zoning start-up & preliminary scheduling of workshops B. Image Workshops* Total Allow 2 to 3 ■ Prepare the agenda/style/design options $5,500.00 weeks (due to & overall presentation for the following Includes preliminary scheduling) workshops: analyses and style ■ Downtown Consensus Team & Town interpretations of the Council community's visions ■ One evening public meeting and values into design ■ Other Primary Stakeholders Meeting options. (tourism, chamber, economic development?) ■ Develop findings from workshops leading into concept phase.(for more complete description of workshops, see following page) C. Preliminary Concept Draft Total 30 days, one ■ Overall Deliverables (a) Hand drawn $9,810.00 concept - circulation and parking diagram; (b) Refinement of style incorporating ideas Schematic Plan showing paving, and design that and priorities from landscaping pedestrian amenities, public features cost/style Image Workshops attractions, furnishings and light pole options within a locations, and art locations; (c) Event consistent design layout plan; (d) Elevation of typical framework. signage elements; (e) Elevation of typical light and fixture pole; (f); Phasing diagram and (g) Cost estimate(h) Plan executive summary and detailed narrative of design strategy D. Preliminary Concept & Commentary $3,000.00 Total 2 weeks Period* ■ Draft to include narrative, design, graphics, phasing, and cost of improvements ■ Meetings to gain consensus on design or style:Downtown Consensus Team, Town Staff, and Town Council for work session ■ Public Meetings —(2)—invite stakeholders such as chamber & tourism to one, and the other, an open meeting for general public E. Preparation of Final Concept Plan* $2,800.00 Total 2 to 3 weeks ■ Based on findings from Part C above, refine one plan with all of the cost, graphics, narrative, etc. but also includes implementation strategy DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 (E, continued)Present final concept to Town Council for direction F. Completed Concept Plan' $1,450.00 Total 1 week Incorporate changes, if any, from Town Council and present for approval Includes 30 copies of final plan; disk or PDF of graphics and reproducible copy of Ian Total Meetings 9 (initial briefing adds 1 Total Fees $23,760.00 Total Timing mtg.) 11 to 13 weeks `Presentation Materials: includes Display Boards, Handouts, Booklets: (Design, Edit, Printing, Binding) OPTION B COST PROPOSAL Compensation to DesignWorkShop and Spectrum Brand Planning includes fees to perform all of the tasks and time schedules indicated in the outline. Price estimate includes the assumption that the town will provide digital files (ACAD) to use as base maps for the study area, These maps should show all of the improvements in the ROW as well as existing structures and parking on parcels adjacent to the ROW. Materials for the meetings as indicated by the asterisk in the outline, include 30 copies (50% color), printing and binding; and additional materials for display boards and meeting handouts. Fees $23,760.00 Materials $1,800.00 Total Option B $25,560.00 DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 OPTION RECOMMENDATION: IMAGE WORKSHOPS OPTION B In order to stay within certain budget parameters and in consideration of the aggressive schedule, Design Workshop and Spectrum Brand Planning believe the Image Workshops bring more quality and value to the project. Planned expressly to elicit the design/style input from a strategic platform, the design team is able to put more refined detail ideas into the concept and priorities for phasing. Image Workshops Detailed Description: As indicated in this option, the initial meetings are positioned as Image Workshops. Using our unique graphic "display thinking" technique, the workshops' agenda would have three components: • Review the key Fountain Hills Vision & Values that have been identified in the Hyett Palma Plan, the General Plan 2002, and possibly other studies TBD. These become the participants' guiding principles for the next agenda section —reviewing the graphic displays. ■ Present the graphic displays of different style possibilities that could fit with Vision & Values. The visuals would be prepared from a number of Design Workshop's many resources, and possibly several of the Town's previous design ideas. The visuals allow the groups to form ideas and feelings so that they can provide input with rationale on the designs. ■ Prioritize a list of items with workshop participants that would help with the phasing & also pinpoint where they think cost emphasis should be. For example, they may believe that inlaid tile designs throughout the boulevard and integrated into other planning areas fits their vision of the area and is most important in early phases. The Image Workshops' main advantage is that they use a foundation of strategy to elicit style and design, steering group feelings away from the subjectivity that comes into finished concepts and impedes progress. This approach is more efficient and cost effective. If cost were not the most important issue, and it is vitally important to the project to deliver three preliminary concepts versus than one, we believe Image Workshops should be a component of the project to gain valuable insight for the designers that matches the vision and values of the town. DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 ADDENDUM FOUNTAIN HILLS AVENUE OF THE FOUNTAINS RFP DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 GENERAL INFORMATION ABOUT DESIGN WORKSHOP Process: From Vision to Implementation Our process begins with thoroughly understanding the land and matching its capabilities to our clients' objectives and market realities. Continuous feedback is a cornerstone of our design process. We discuss alternatives with clients at every step and engage the community whenever possible. Our sensitive participation methods reconcile diverse, even conflicting, priorities and lead to timely approvals. These same principles set the standards for long-term stewardship of the land. The result is always a grander vision that guides development. Recognition & Clientele Design Workshop has earned more than 75 design awards for its accomplishments from organizations such as the Urban Land Institute, the American Society of Landscape Architects, and the American Planning Association. Because our work has been widely recognized we are fortunate to work with clients whose goals we share and who are committed to discovering the right solution. Our clients have included federal agencies, such as the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the National Park Service; state and local governments; private developers; and conservation organizations. Principals We have nine partners and ten principals at Design Workshop. Partners include Kurt Culbertson, Don Ensign, Bruce Hazzard, Bonny Hershberger, Todd Johnson, Greg Ochis, Joe Porter, Richard Shaw and Becky Zimmermann. Principals with the firm are Kathy Bogaski, Mary Fox, Steve Noll, Faith Okuma, Mark Soden, Deanna Weber, Glenn Walters, Terrall Budge and David Kenyon. Firm Size 91 Landscape Architects/Planners, 7 Computer Specialists, 35 Support Staff (administrative, financial, graphics, marketing and research) Offices Design Workshop has offices in Asheville, Aspen, Denver, Jackson Hole, Lake Tahoe, Park City, Santa Fe, Tempe and Vail and in S5o Paulo, Brazil, Santa Cruz, Bolivia, and Santiago, Chile. List of Services Landscape Architecture and Site Planning Design Workshop offers a full range of services in landscape architecture and site planning. These services include: Site planning Zoning and land use approvals Grading and drainage plans Landscape design (planting, irrigation, signage, lighting, pools, and hardscape improvements) Working drawings Technical specifications Cost estimating Construction administration and observation Projects range from residential, resort, hotel, and golf course designs to urban streetscape, roads, parks and civic projects. Land Planning Design Workshop has expertise in land use and master planning for small and large-scale projects at a community and regional level. Our emphasis is to develop plans and policies that effectively balance economic and environmental goals. To achieve this, we often assist in conducting public participation workshops and developing land use plans that protect the environment and provide for the operational needs of the community. These services include: Site Analysis: Master Plan: Topography Objectives Vegetation Program development Easements Land use studies Site structure Infrastructure Ownership Development plan Viewplanes Design guideline standards Soils Zoning and government Geology submissions Zoning Circulation (vehicular/pedestrian) DesignWorkshop & Spectrum Brand Planning 0 April 2003 Planning Management As a full -service planning and design firm, Design Workshop often provides planning management services. In this role, the firm assembles the entire project team and is responsible for the overall project schedule, budget and monitoring of all consultants' services. This information is then integrated into a final plan or document. Urban Design Design Workshop provides design services for creating and enhancing urban environments. The firm specializes in the design of urban development and redevelopment that integrates private and public spaces with streets, waterfronts, open spaces, and plazas. Particular emphasis is placed on the visual impact of development on existing view corridors. Economic and Market Analysis Design Workshop has developed market and economic models that assist in the planning of projects and in developing phasing plans. Design implications in the context of current and future market demands are routinely analyzed, and financial pro forma statements prepared that address anticipated revenue, costs and expenses over a stated period of time. Resorts, Parks and Recreational Planning Design Workshop has extensive experience in the planning and design of resorts and recreational communities. Meeting the high design expectations of these communities and effectively utilizing sensitive environments is dealt with on a daily basis. Planning and design services have been provided for clients ranging from the National Park Service and U.S. Forest Service to private developers of hotels, resorts and planned communities. Environmental Analysis and Management Design Workshop offers a full range of environmental and management services that include natural resource inventory and analysis, visual absorption capacity analysis, environmental impact statements, and report preparation. The firm offers consulting services to clients faced with the need to understand governmental environmental policies relating to the development, reclamation or management of land. The firm frequently utilizes the U.S. Forest Service and Bureau of Land Management criteria for visual resource management, and has prepared mining reclamation plans, ski area mountain plans and alternative roadway alignment plans for a variety of clientele. Visual Simulation Design Workshop provides computer -aided design simulations for clients involved in land planning, management and design. These services include the ability to accurately model changes in the visual environment resulting from vegetation manipulation, landform modification, or the introduction of structure. The speed and flexibility of the system allows the designer to quickly develop and evaluate the visual impact of proposed development. Current applications include: Viewshed corridor planning and management Visual resource assessment Land reclamation and mineral extraction Utility structure site selection and corridor rehabilitation Vegetation management Community planning Landscape architecture Urban design Architectural design analysis Detailed roadway and site design Communication By using a broad range of audio-visual techniques, including slides, photographs, video, presentation boards and graphics, Design Workshop effectively communicates planning concepts, complex ideas and proposals. Audiences often include public agencies, citizen groups and the design team. Videos are produced to document projects from start to finish, to summarize proposed projects for public presentations and to succinctly present large amounts of information. DesignWorkshop & Spectrum Brand Planning © April 2003 0 MARK SODEN, PROJECT LEADER, RELEVANT EXPERIENCE RELEVANT EXPERIENCE Urban Design Experience AZ Canal at Scottsdale Scottsdale, Arizona Central Peoria Revitalization Plan Peoria, Arizona City of Ft. Collins, Historic Downtown Enhancement Ft. Collins, Colorado City of Pietersburg Civic Center Master Plan Pietersburg, South Africa Flagstaff Urban Mobility Study Flagsstaff, Arizona Goodyear City Center Goodyear, Arizona Highway 260 Corridor Pinetop-Lakeside, Arizona Kierland Commons Scottsdale, Arizona Mesa Arts Center Mesa, Arizona Mill Creek Village Center Geneva, Illinois Muju Main Street South Korea Tempe Center for the Arts Tempe, Arizona Recreation, Parks & Open Space Planning Experience Arizona Canal at Scottsdale Scottsdale, Arizona Big Thompson River Parks Fort Collins, Colorado City of Glendale Parks Master Plan Glendale, Arizona City of Goodyear Open Space Plan Goodyear, Arizona City of Tempe Parks Master Plan Tempe, Arizona Cheyenne -Durango Park Las Vegas, Nevada Clark County Wetlands Master Plan Las Vegas, Nevada Dead Horse Ranch State Park Cottonwood, Arizona Estrella Mountain Ranch Lakes & Open Space Goodyear, Arizona Fountain Hills Park & Recreation Master Plan Fountain Hills, Arizona Grand Junction Park, Recreation & Open Space Master Plan Grand Junction, Colorado Heard Museum Amphitheater Phoenix, Arizona High Desert Community Park Albuquerque, New Mexico Ice Rink Park Aspen, Colorado Maricopa Association of Governments Regional OSP Maricopa County, Arizona Mesa General Plan/Recreation Element Mesa, Arizona Mesa General Plan/Bicycle Element Mesa, Arizona McDowell Mountain Ranch, Phase One Trails Design Scottsdale, Arizona McDowell Mountain Ranch, Community Park Scottsdale, Arizona Paradise Valley Park Master Plan Phoenix, Arizona Skyline Community Park City of Mesa, Arizona Tempe Town Lake Rio Salado Pathway Tempe, Arizona Town of Fountain Hills, Park, Recreation & Open Space MP Fountain Hills, Arizona Verde River Greenway Cottonwood, Arizona Western Canal Enhancements Gilbert, Arizona Community Planning & Development Experience Estrella Mountain Ranch Goodyear, Arizona Gilbert Gateway Area Plan Gilbert, Arizona Montafia Ranch Scottsdale, Arizona Scottsdale Hilton Scottsdale, Arizona Wickenburg Ranch Yavapai County, Arizona Happy Canyon Ranch Castle Rock, Colorado High Desert Starr Pass Castle Rock, Colorado Stone Ridge Precott Valley, Arizona Summerlin Streetscapes Las Vegas, Nevada Summerlin Village One and Two Las Vegas, Nevada DesignWorkshop & Spectrum Brand Planning 0 April 2003 KAREN MARVEL, RELEVANT EXPERIENCE Planning Experience Brand Assessments S Research for Existing Brands Arizona Department of Commerce Arizona Office of Tourism Scottsdale Convention & Visitors Bureau DC Ranch GES (a Division of Viad) YMCA Valley of the Sun Maricopa Community College District Peter Piper Pizza China Mist Teas Continental Homes (Phoenix, Austin, Texas) Cold Stone Creamery Brand Planning & Research to Launch New Brands Prescott Valley, Arizona (economic development) Frutazza (Miss Karen's national food service product) Frozen Fusion (Miss Karen's national retail concept) Mirror Classics (retail product, Haverty's Furniture & VVP America) Looking Glass Mirrors (retail product, VVP America, Memphis) APS/Honeywell New Products Division Intel New Products Division Marketing Planning, Research, Execution Supervision Sprint PCS (brand launch in Phoenix, San Francisco & Seattle) Pizza Hut Delivery (brand launch in Phoenix, Seattle, San Diego, Albuquerque) Swensen's Ice Cream Company (Nationally) Midas International Jiffy Lube International Mercy Healthcare Foundation & Barrow Neurological Institute Foundation Marketing Tactical Planning PETsMART (Nationally) Dial Products Kitchell Papa Gino's Pizza Hut (Western Division) Arby's (Arizona, Southern CA, Hawaii) DesignWorkshop & Spectrum Brand Planning © April 2003 SPECTRUM BRAND PLANNING EXAMPLE Client: Prescott Valley Economic Development Foundation, Town of Prescott Valley, & Private Sector Partners Collaborative Team: Project Leader, Karen Marvel, Spectrum Brand Planning. Design Partner, Moses Anshell Background Twenty years ago, Prescott Valley was characterized as a hodgepodge of small businesses and mobile homes sprawled along Highway 69 on the way to Prescott. During the town's evolution to present day, some key infrastructure changes —sewers and paved streets —triggered a turning point in their history. The area and its residents began to feel like a "real" community. Led by some of their active and visionary residents and their intense desire to plan for the future, the community crafted a long-range plan that helped them survive and prosper during the migration and rapid growth that many towns experienced in the Sunbelt. Today they are at another crossroads, one of economic development, which requires them to attract investment and jobs to help maintain and build the future sustainability of the town and their vision. Assignment Spectrum Brand Planning was hired to identify and develop a compelling brand system for Prescott Valley's economic development marketing efforts. The scope of the project involved extensive research to uncover the basic values the town desired to retain for their future. Once the findings were developed and approved, the brand imagery and initial marketing approached would be devised Research The research involved: (a) review of all past Prescott Valley plans and research; (b) review of secondary research, trends, and articles relating to non -metro locations; (c) extensive one-on- one interviews with town leadership and influential stakeholders; (d) e-mail surveys to 300 primary stakeholders in various civic organizations and clubs; (e) several focus groups to clarify contradictory points that were uncovered in the stakeholder research; (f) e-mail surveys targeted to 1500 site selection/relocation decision makers in suitable industries and targeted states. Brand Identity System The research was designed to provide three primary answers for Prescott Valley —"Who we are", "What we stand for", "Why that's of value for prospective residents, investments, and businesses." From our findings, we identified the values that comprise the foundation of their brand identity. These were interpreted into by the following images: rill 91�14 Our Place Our Vision Our Community Our Legacy Small town with people- Ownership and Strong community spirit Open space & retention centered, diverse architecture imol—ent m our town with a sense d responsibility of our clean, healthy and towards neighbors natural environment DesignWorkshop & Spectrum Brand Planning 0 April 2003 0 CASE HISTORIES, CONTINUED SPECTRUM BRAND PLANNING CASE HISTORY CONTINUED Brand Icon and Tagline From its original roots, the area has grown with people who see a vision with opportunity. Whether it was cattle ranching, development, home ownership, or a new beginning for retirement, business, or family, Prescott Valley represents the promise of opportunity. As characterized by one resident, "we really don't have a history, we have a future." The imagery represents the overarching concept of opportunity and links the cornerstones with the brand idea "where opportunity lives" and the graphic of a bud evolving into a leafy tree. Prescott Valley Where Opportunity Lives Results and Next Steps Although just completed, the town has been thrilled with the results of the branding. To bring their beliefs to life, there is desire to incorporate the imagery into their landscape, streetscape, and public areas, such as gateways to the town, lampposts, and other architectural opportunities. Additionally, businesses have shown strong interest in co -branding with the town image to help communicate and market their image outside of the area. Spectrum is now in process of developing a brand guidelines booklet and an integrated marketing plan for the town and stakeholders economic development efforts. - Prescott Valley Ll DesignWorkshop & Spectrum Brand Planning 0 April 2003 4 raw Prescott Valley, a new town in Wana, is home to a skied, quaN workforce that's growing every day. We have four colleges in the area, existing structures — including a 50,0* square -foot shell building offered for sole or lease — plus complete telecom cennediv4. All of which means we're ready to welcome a new contact center to out community. Clare -slop assistance with all infarmatten is yours for the asking As is an exceptional quality of Irfe once you make the move. Prescott Valley Economic Development Foundation 30451am Road Piexon Valley, A2 86314 l 888-2404256 gma kY. J eO com Wvrx pve .com E Prescott Valley N Client: Woodbine, Inc. Services Provided: Landscape Architecture Land Planning Kierland Commons is a 38-acre mixed -use develop- ment adjacent to Scottsdale Road. It serves as the commercial, social and cultural heart of the Kierland master -planned community. The plan for Kierland Commons includes a 535,000-square-foot mixed -use program, which includes a golf museum, landmark theatre, 130-room hotel, retail and restaurants, offices, residential units and a town center park. Design Workshop created urban design concepts and proposed solutions that resulted in an extraordinary Kierland Commons Phoenix, Arizona urban shopping environment unique to the Phoenix/ Scottsdale area. Kierland Commons is designed as a pedestrian -oriented center with on -street parking giving immediate access to shops and restaurants. A combination of design strategies has been used to create a traditional downtown setting with tightly spaced, high -quality retail destinations. Climate enhancement and a central plaza that features grass, palms and pop -jet fountains make Kierland Commons the most distinguished public destination in the region. Q1 Store fronts and streets in the evening ® Landscaping and shade structures create a comfortable pedestrian environment. Q Subtle and gradual elevation from street to storefront create an inviting pedestrian environment. DESIGNW ORKSI I01' O❑ Client: Madison Marquette Realty Services Services Provided: Landscape Architecture The Gardens on El Paseo is an up -scale retail complex in the heart of the premiere shopping district known as E1 Paseo. The two -level retail environment provides fashionable shops and restaurants in a cool and lively setting in the California desert. Within the development, a series of gardens provide spirited water features and landscape spaces for visitors to enjoy. These gardens furnish areas of sun, 01 Central Desert Garden Q Desert Shade Garden Garden Paseo Gardens on Ell Paseo Palm Desert, California 0 shade, color, and bold patterns reflecting the character of the arid climate. Environmental art and graphics represent and explain the desert region and its rich history. A large garden floor in the center of the site is formed by natural stone materials through which palms, flowering trees, and succulents can grow. In the spring, flowering native annuals emerge from the desert arroyo, signaling the vitality of the desert and the Gardens on El Paseo. DESIGN\VOBKSI IOP The Commons Neighborhood Streetscapes- little Raven Street Denver, Colorado .,l 7-71 —t� � �.y t I �l t tea. Little Raven Street Vehicular Flow Plan Section Study of street, sidewalk, and "porches" Character Sketch of street, sidewalk, and "porch" Streets are vital to the success of the Commons Neighborhood and its ability to integrate with the surrounding neighborhood. Design Workshop was retained by The Trillium Corporation and the City of Denver to plan and design a streetscape system that extends Denver's traditional grid into the new neighborhood. This complementary street system establishes a hierarchy that addresses city and private development needs while providing the pedestrian an enjoyable and safe environment. On a functional level, Little Raven Street provides pedestrian and vehicular access through the Commons neighborhood and connects with Commons Park. A dense spacing of trees ties the street to the park and creates a green seam between the park and neighborhood development. Fulfilling a civic role, Little Raven Street provides identity and character to Denver's growing network of parkways. DESIGNWORKSHOP Community recreation area at Estrella Streetscaping using native plant materials Estrella Fountain Estrella New Community Goodyear, Arizona Located at the foothills of the Sierra Estrella Mountains, Estrella is a 20,000- acre planned community. The intent of the master plan is to: create a community of neighborhoods, villages and a town center; preserve desert landscape as part of the open space system; offer a pedestrian system that maximizes walking access to service areas; provide a full range of community and recreation facilities; create an attractive environment for new business; and develop a road system that will accommodate safe, efficient traffic flow. The new community includes a Lake Park with recreational and picnic areas. It will also include a 150-acre resort with an 18-hole golf course designed by Bob Cupp, as well as tennis facilities, a conference%ultural center and a club house. DESIGNWORKSHOP WAPA Court yard er Association enance Center Phoenix, Arizona Western Area Power Association Operations and Maintenance Center needed to consolidate its regional offices into one energy -efficient office headquarters, replacing a seven -acre site. Design Workshop's responsibilities included the layout of roadways, parking, walks, a retention basin and landscaping. An environmentally -sensitive desert landscape was designed to replace existing oasis landscaping, addressing the client's concern for energy and water use efficiency. Two open air interior courtyards serve as desert gardens for employee relaxation and a setting for office functions. DESIGNWORKSHOP Summerlin New Community Master Plan Summerlin, Las Vegas, Nevada .. Town Center conceptual sketch Tile all-inclusive Summerlin New Community offers residents a • ' •_• place to live, work, play, raise a `� • family, and retire. Schools, hospi- • tals, churches, and recreational - areas include just a few of the amenities provided within. Each of the 28 villages will have their own - unique identity, theme and focus. Town Center, the heart of the community, will provide" J the commercial, social and cultural focus of Summerlin. An extensive open space and 50- mile pathway system provides pedestrian access =7 to all recreational activities, villages, neighbor- hoods and community centers. This 22,000 acre development will be home to approximately 175,000 people when it is completely built out in 60 years. 'yam01 DESIGNWORKSHOP ❑O .................... Client: City of Scottsdale Services Provided: Landscape Architecture Urban Design Arizona Canals at Scottsdale Scottsdale, Arizona WALK WATER TERRACES WALK �-- • N Ali* •�! H 9 0 5 e 0 h N In February 2002, the City of Scottsdale awarded occur along the canal itself. Design Workshop will Design Workshop the challenge to design improvements also create a "coffee table" compendium. The mission for the canal banks of the Arizona Canal. The total of the Design Workshop team is to 'Build a strong construction budget is approximately $11 million. foundation for the evolution of the environment along the Arizona Canal". Design Workshop will create a development plan to establish the framework for the surrounding urban Design Workshop and the consultant team will also context including circulation systems and future develop the construction documents for the road and development growth as well as all the uses that will bridge, north bank and south bank improvements. ( Bird Eye Looking at Marshall Way Bridge and Stetson Plaza 02 Elevation of Water Terraces at Stetson Plaza © Illustrative Development Plan DESIGNWORKSHOP Statement of Qualifications for: Abell & ASSOCISIASP Ltd. Architecture • Landscape Architecture . Planning & Urban Design For TOWN of FOURNIN NNIS "Avenue of me FOURNINS" G—.d 15 APRIL 2003 ♦ James Abell sketch of the Village Gree>., for downtown Gilbert study just completed. ♦ Streetscape and Hardscape enhancements to Old Town Scottsdale have similar objectives to the Town of Fountain Hills economic development goals. A Abell & Associates have designed dozens of public malls, plazas, and squares for ASU Main, ASU West, and ASU East. Including this entry plaza for the ASU Sun Devil Stadium. Abell 'Associates ARC HITECTS, LTD A R C H I T E C T d R E Landscape Architecture Planning & Urban Design Two West Alameda Drive Suite N" l Tempe, Arizona 85281 • 3565 e-mail: abell@globalcrossing. net 480. 968. 8076 fax 480 • 968 • 3023 vox Selection Committee Town of Fountain Hills RE: Avenue of the Fountains Greetings: It is with great interest and anticipation that submits our firm's credentials for your consideration on the Avenue of the Fountains project. We are highly qualified for this project because of similar experiences in downtown revitalization and economic redevelopments, most notably, the Town of Gilbert Downtown Heritage District study just completed. We are also just completing a first phase of improvements for Scottsdale's Old Town that has very similar goals of economic revitilization, tourism, and urban enhancements. We have worked closely with private merchants, city maintenance personnel, city planning staff, and private fine arts representatives in Scottsdale to craft win -win scenarios to benefit the downtown area. We have also been selected by the City of Scottsdale to renovate their famed Civic Center Mall that has identical objectives to your Avenue of the Fountains project. This $3 million dollar enhancement project deals with the same elements of pedestrian traffic, vehicular circulation and parking, ADA access, linkages and connections to adjacent businesses and civic attractions, and visitor delight and tourism. NDeii & Associates has 24+ years of experience designing malls, plazas, streetscapes and other projects similar in nature for municipal governments, Arizona State University, and corporate clients. We are unique in that we offer integrated Architectural, Landscape Architectural, and Planning services under one roof. We have most recently completed streetscape improvements for the old town district of Scottsdale. Our team is committed to two goals for this assignment: 1] to provide the utmost professional service to the Town of Fountain Hills, and 2] insuring that treatments support the image and quality of life that the Town of Fountain Hills promotes. We have similar experiences in streetscapes, malls, and urban plazas designed for the City of Mesa Cultural Walk, South Mountain Community College, The Phoenix Zoo and numerous public projects that directly relate to this assignment. Our experienced team of Architects and Landscape Architects has undertaken numerous similar designs that require skill and insight in municipal improvements, hardscape, streetscape enhancement, ADA compliance, and water conserving landscape improvements. We are a coordinated team with the right blend of experience perfect for this assignment. Abell & Associates, Ltd. is now one of the Valley's oldest architecture and landscape architecture firms operating continuo sly under the same name and same management for 24+ ye4�� T AMk you for your kind consideration and attention to our staterrltl qualifications. Best regards, The mall and plaza recently completed for the State of Arizona's DHS is part of the Capitol Mall and is similar to your goals and objectives for Avenue of the Fountains. Abell & Associates take pride in meeting with city maintenance personnel, arts program coordinators, risk assessment representatives, and city planners & engineers earlv in ,oroiect olannino. ♦ Abell & Associates have tremendous experience in planning malls and plazas subjected to heavy use. Abell 'Associates ARCHITECTS, LTD .............. A R C H I T H C T U R E Landscape Architecture Planning & Urban Design Description of Services The Abell & Associates team intends to take an interactive approach to this downtown development and plaza project. This is a communication process of ideas and possibilities, and is the result of our experience with numerous successful plaza and downtown redevelopemnt planning efforts. The process recognizes the interactive steps to be taken in collaboration with the merchants, community, and city officials to achieve success in connecting the final design solution to a diverse audience. Our design and planning approach is rooted in a thorough understanding of the existing place; the nature and character of the buildings, the open spaces, the circulation of pedestrians and vehicles through and around the Avenue of the Fountains, and the distribution of Fountain Hills civic activities. What we are proposing is a process encouraging an exploration of the sprit, discovery and community of Fountain Hills and charting guidelines that are logical, efficient, and harmonious with civic growth, change, and intensification. The desired result of this investigation is the creation of a area planning framework for "The New Fountain Hills" that responds to the needs of residents, tourists, fair event participants, merchants, and civic maintenance and security personnel to enrich everyday civic life. Coordinating Efforts with Municipal Personnel Our experienced team will be able to coordinate with the respective city facilities personnel on a variety of levels and a range of issues including concerns of engineering, utilities, traffic planning for vehicular and pedestrian movement, refuse, future commercial building massing, parking, extensive experience in nighttime lighting design, mall amenities development, plaza and hardscape design, and and region landscape design. We are exceptionally skilled in planning services for demanding site issues including ADA public access, fire exiting, 911 emergency vehicle access, plaza enhancement and amelioration issues, site utilities, and graphics + signage. We have previously worked with many different municipal Risk Management Offices and Crime Prevention through Environmental Design [CPTED] officials on similar public assignments and understand the concerns and potential liabilities our design activities present to the public trust. Our firm's collective longstanding working relationship with numerous city governments, prominent University campuses and numerous community college campus malls and plazas will be of particular benefit to this assignment. Municipal Realm Few design and planning teams possess the tremendous experience in designing municipal plazas, malls and open spaces for large assembly occupancies and general civic life. Beyond our teams' prominence in college masterplanning, we are well known for campus planning and masterplan studies for The Phoenix Zoo and for locally prominent Tempe Beach Park . James Abell, FAIA, LA worked closely with downtown merchants, city officials, chamber of commerce representatives, and interested citizens to craft a viable downtown development plan for Gilbert. Our collective experience in designing malls and plazas for the City of Mesa, the Town of Gilbert, the City of Scottsdale, our masterplan for Tempe Beach Park, and our masterplanning for the Phoenix Zoo are all examples of experience and design excellence of streetscapes, malls and plazas that accommodate large groups of people. Our plaza design for the south entrance of Sun Devil Stadium has been time tested for over 12 years and continues to welcome and shelter hordes of sports fans who place extraordinary demands on this facility. The TEAM ... An Integrated Approach Our process insists and depends on the direct and informed involvement with the stakeholder team. The key to our approach is the early collaboration of an integrated Civic Core Team. The Core Team consists of the designated Town of Fountain Hills representatives, merchant groups, interested citizens, Chamber of Commerce leaders, arts fair leaders, city planners and engineers. The individuals assigned to your project are as follows: Abell & Associates Architects. James Abell, FAIA, LA Principal Yash Chaudhry, Architect Project Manager Joshua McClain, Project design and production Huitt-Zollars Engineers' Glenn Shearer, PE Project grading and drainage solution, utilities coordination. Heffernan & Associates Traffic Engineering: Kathryn Z. Heffernan, PE Traffic Engineering Studies All individuals have excellent outdoor plaza, mall, and event area design experience.... Please see resumes attached for these individuals. Schedule: Data Review & Background Research 2-3 weeks Preparation of Preliminary Drafts and 3 Concept Plans 4 weeks Presentation of Preliminary Drafts 2 weeks Preparation of Final Concept Plan 2-3 weeks Completed Concept Plan 1 week Please contact the following Individuals for references on Abell & Associates ability to complete high quality services in a timely manner: Sahler Hornbeck, City of Scottsdale, Downtown Liason 480.312.2394 George Petitt, Town of Gilbert, Town Manager 480.503.6864 Trish Shaffstall, City of Chandler, Dev.Proj.Manager 480.782.3023 Our design experience has been largely with public clients such as this plaza and landscape design for ASU's Sun Devil Stadium. This plaza played host to Superbowl 30 and hoards of football fans & tourists. Just nine years old, the ASU Administration Courtyard is one of the most beloved outdoor spaces on the main campus. Chinese Pistachio trees offer exquisite fall color. Relevant Firm Experience Abell & Associates is a diverse firm offering our clientele services encompassing architecture, landscape architecture, and planning. Many of our most prominent projects are for civic clients that include public plazas, downtown streetscape enhancements, and distinctive landscape architecture for civic plaza sites identical to that of the Avenue of the Fountains. Recognized for award winning design by the American Institute of Architects, the Valley Forward Association, and the Arizona Masonry Guild, Abell & Associates strive for design solutions that respond to the public realm demands for durability, ease of maintenance, need for safety and security, affordability, and design appropriateness. The following is a listing of past projects that either have similar or identical elements to that of the Avenue of the Fountains: ASU Sundevil Stadium Plaza: Abell & Associate, developed an entire sports complex masterplan and designed a new entry plaza to the ASU Sun Devil Stadium. This project presented numerous coordination and design challenges including studies to blend the plaza into the existing campus mall context, plans for the new Intercollegiate Athletic Building [ICA], new below grade bus ingress and egress for visiting teams, a spur line of the Southern Pacific railroad and a considerations of major signage, security, and traffic control. ASU Administration Courtyard and Plaza: Conceived as a formal campus quad, this major extension of the ASU mall theme recognized a much -needed pedestrian connection between the new Student Services Building and the heart of the ASU campus. ` Formerly an asphalt parking lot, Abell & Associate fashioned a i vision plan that eliminated parking in favor of a new, green oasis. _ All hardscape development, plant material design and selection, civil engineering coordination, watering system design, and site furnishings were under this prime contract. For the ASU University Drive Streetscape, Washingtonia Palms were selected to integrate the new Mall into the prevailing edge theme on the ASU campus perimeter Several new campus standards were established as part of this assignment including picnic tables, lighting bollards, drinking fountain, along with new watering system components and strategies. A new brick patio "dining court" is a much used area sheltered by Chinese Pistache trees and flowering Bradford Pear trees that will offer a touch of campus fall color during the autumn and early winter months. ASU University Avenue Streetscape: Defining a new, attractive campus edge along this busy Tempe thoroughfare was the major design task in planning this continuation of the ASU Mall theme. Raised exposed aggregate concrete planters with terrazzo benches, scored colored and textured concrete paving, bike path and plant material selections for a three block stretch were designed to coordinate with existing buildings, parking areas, traffic and street hardware. Due to significant road widening, street edges were re -landscaped and repaired in many cases in addition to significant new plantings throughout this 2 mile Rural Road Streetscape improvement project. The Anchor Center Plaza, integrated water features, lawn areas, and richly textured plaza paving to create a unique sense of `place". Rural Road Streetscape: Design of a parkway system for the City of Tempe along south Rural Road involved coordination of numerous site factors: new bikepaths, roadway widening, major streetscape plantings, water conservation irrigation design and bicycle/ jogger rest stop. Abell & Associates undertook all project management, master - planning, landscape architecture and hardscape design to create a beautiful streetscape for this major thoroughfare. Representatives of Salt River Project, Tempe Traffic Engineering, Parks and Recreation and Water Services were all welcomed to the project team for their early advice on this assignment. Anchor Center Plaza: Designing an urban plaza on top of a 5 level parking deck was the k major challenge presented to I'bell & Associates as part of this ,. Anchor Center 3 expansion project. Coordinating conceptual hardscape plaza design, landscape plantings, plaza lighting, and fountain design with HNTB Engineers and Architects, our dedicated team advanced a "Festival Center" concept that was harmonious with the new architecture and accommodated outdoor dining and public reception events. For the Mayo Clinic, Abell & Associates created a dynamic social plaza where patents and visitors can congregate. The Mesa Cultural walk was a great success due in part to ability to bring together many different parties. Two major tree selections provide contrast and variety throughout the year: flowering orchid trees for spring bloom color and Chinese tallow trees that offer brilliant orange and red autumn foliage color. Mayo Clinic Plaza: In consideration for a clientele in ill health Abell & Associates emphasized creating an atmosphere of visitor delight in the desert. Field reconnaissance for nature vegetation studies and controlled desert salvage operations were instrumental in blending the plant palate from phases I into phase II of this project. Careful coordination with existing time clocks and controls allowed for integration of the two watering systems. The firms past experience in dealing with the City of Scottsdale Design Review Board as well as understanding and planning for a steep rocky desert site helped expedite the design process. Mesa Cultural Walk: This project was developed in several facets with federal community development block grants [CDBG] along with the city of Mesa Abell & Associates designed landscaping, hardscaping and wayfinding systems while coordinating these efforts with existing downtown Mesa conditions such as current businesses, driveways, and utilities. Abell & Associates created a memorable civic walk that would unite downtown Mesa's cultural destination points. Also associated with this project was a signage design package, thus allowing us to service the city of Mesa in several facets. Lakefront Park Masterplan Tempe Beach Park Tempe, Arizona Established on the banks of the Salt River around 1905, this property is the oldest park in the City of Tempe. The 1998 masterpan prepared by Abell & Associates would bring this park "full circle" back to it's origins as a park astride the mighty Salt River with the creation of the Rio Salado Tempe Town Lake. "Abell The park masterplan embodies the full range of recreational & Associates were extremely effective in the manner in which they conducted public components needed for an urban waterfront park: open, grassy meetings, giving all Tempe citizens a chance to knolls for play, picnic areas in tree shades groves, restroom facilities, speak openly about their dreams for this historic property and their hopes for the future boat launch and boat rental facilities, and hardsca a amenties that p of this significant park masterplan." will allow joggers, walkers, bicyclists, roller bladers, and skateboards to traverse the urban waterfront. --Kemper Goodwin, Tempe resident and 1912 boyhood user of Tempe Beach Park. i Abell 'Associates ARCHITECTS, L TD. .i R C fit T E C T U K E Landscape Architecture Planning & Urban Design Two West Alameda Drive Suite N'l Tempe, Arizona 85282 • 3565 e-mail: abellrrglobalcrossing.net Abell & Associates coordinated numerous studies within the park master plan, including the relocation and undergrounding of major overhead utilities, the realignment and relocation of a major arterial street [the Rio Salado Parkway], the relocation of a community based fine arts center, and the inclusion and integration of a regional multi - modal pathway system. Numerous family oriented recreation elements were blended into this historic location including a concert platform / lawn amphitheater, creative water play for children, playground equipment, sand volleyball, group picnic ramadas, and an historic baseball diamond and grandstands listed on the National Register of historic places. As important as the physical masterplanning is, perhaps the most significant service Abell & Associates provided was in the arena of public meetings and hearings that allowed the numerous stakeholders to be heard and vested in the planning process. Client Contact: Mark Vinson, AIA Tempe Special Projects, 480.350.8367 Campus Landscape Master Plan Paradise Valley Community College Phoenix, Arizona Masterplanning landscape architecture improvements for major campus courtyards, malls, plazas, parking areas, and recreational areas over the next ten years was the major focus of this assignment. Significant in the landscape recommendations are a series of academic courtyards that are site specific in their response to the instructional needs and reflective of overall campus character. Owner: Maricopa County Community College District Arlen Solochek, AIA 480.731.8232 Abell CXAssodates ARCHITECTS, LTD. A R C H I T E C T U R E Landscape Architecture Planning & Urban Design Two West Alameda Drive Suite IY"i Tempe, Arizona 85282 • 3565 e-mail: abell@primenet.com 480 968 8076 fa.x 460 968 3023 vox A grove of date palms shelters the desert "Kazbah" village containing an orientation theater building, ethnic shops, learning classrooms, and food venues representing desert cultures. OL Abell 'Associates ARCHITECTS, LTD. . . . . . . . . . . . . . . A R C Ii i T E C T U R E Landscape Architecture Planning & Urban Design Two West Alameda Drive Suite n" I Tempe, Arizona 85282 • 3565 e-mail: abell@globalcrossing. net 480. 968. 8076 tax 480 • 968 • 3023 vox Desert Education Center The Phoenix Zoo The Phoenix Zoo embarked on a bold new adventure in challenging Abell & Associates Architects to create a desert village immersion experience that would allow zoo visitors to view desert animals and learn about and region ecosystems. Working with zoo animal curators, education directors, visitors services personnel, and zoo administration, Abell & Associates crafted a program and schematic design that would introduce the zoo visitor to the mystery and charms of the great Sonoran. Additionally, the parallel story of other great deserts of the world will be illustrated including the Great Victoria of Australia, the Sahara, the Arabian desert, and the unusual Monte desert of northern Argentina. In particular, this masterplan and development study took a very careful look at the Arabian Oryx exhibit [the signature animal of the Phoenix Zoo], and the Arizona Bighorn Sheep Exhibit, for integration into naturalistic habitats within the rocks of the Papago Buttes. Large emphasis was placed on developing multi -species exhibits as much as possible. Ultimately, portions of this comprehensive masterplan effort were built in modified form as an expansion to the successful Arizona Trail. The desert city, as an interpretive platform, is currently under revision and review at the Phoenix Zoo staff level with plans for implementation slated several years away. Client Contact: Ralph Jones, Director of Exhibits, Phoenix Zoo 480.929.0292 x 184 or 480.991.3309 2002 Campus Landscape Masterplan South Mountain Community College Phoenix, Arizona Masterplanning landscape architecture improvements for major campus courtyards, malls, plazas, parking areas, and recreational areas over the next ten years was the major focus of this assignment. Significant in the landscape recommendations are a series of themed courtyards that are site specific in their response to the academic departments and reflective of South Mountain region heritages of citrus orchards, Japanese flower gardens, Pecan groves, date palm farms, and Sonoran desert trees. Coordinating our effort in an overall campus masterplanning effort with Leo. A. Daly and 3D International, projections were made for demolition of obsolete buildings with recommendations for new building expansion. Owner: Maricopa County Community College District Arlen Solochek, AIA Tim Kneipp, RA 480.731.8232 Abell ('OX'Associates ARCHl TECTa, LTD. A R C It i r r C T U R C L'3 dscape ✓Architecture Planning &. Urban Design Two West Alameda Drive Suitt .ff"l Tempe. Arizona 85282 - 3565 e-✓nail: ahEtt.-glohalcrosslnq.net 480 968 8076 Fax 480 968 3023 vox Avenue of the Fountains Project Features A Abell & Associates Architects , Ltd. design for Grandpa Charlie's Garden incorporated public art and crime prevention design approaches in a mall and garden environment intended to serve the physically disabled clients of The Centers for Habilitation ♦ Abell & Associates Architects, Ltd. design for the Historic Casa Blanca Inn in Scottsdale reflected the history and heritage of the region. Significant project features we anticipate are similar to those encountered in our recent experience for university campus improvement, the Arizona State Capitol Mall, and the tourist destinations for City of Scottsdale, Town of Gilbert and The Phoenix Zoo: • Art Integration: we have had tremendous project experiences incorporating art programs, arts & crafts fairs and art objects into mall and landscape projects.. • Safety and Security: our team was decades of collective experience in the design of malls and outdoor spaces. Design principles incorporating Crime Prevention through Environmental Design [CPTED] have been a hallmark of our design methodology for over 20 years. • Emergency Access: over 20 major malls and plazas have been designed by Abell & Associates, all requiring 911 emergency vehicular access, fire truck accessibility, and ADA accessibility requirements. Our team is knowledgeable of these environmental design requirements. • American with Disabilities: not only for non -ambulatory visitors, but for an entire generation of active senior adults who travel, dine, and frequent tourist destinations, yet do so with some sight impairments, declining coordination, hearing loss, and other physical ailments. Our skilled staff understands the full spectrum of ADA design demands, and is equipped to work with you in making this project conform in the best way to the demands of our users and visitors. • Sensitivity to the Retail Realm: Abell & Associates has excellent retail design experience ranging from downtown Tempe to Arizona Mills Mall. We understand the operational needs of the retailers, and hospitality business who are the backbone of the Avenue of the Fountains. • Arts District / Sonoran Region Legacy: some members of our team have lived and worked in the east valley for over 30 years and have great zeal for the civic character and identity represented by this project. We will show special sensitivity to the legacy of Fountain Hills and will promulgate a celebration of our unique Sonoran desert identity. • Design for the Municipal and Public Realm: So many of the firm's projects deal with the unique circumstances of a municipal client. The responsibility for urban quality that is married to ease of maintenance, vandal resistance, safety and security and the ever -changing demands of use placed on civic facilities. • Stakeholders: the short term and long term success of the project lies in the hearts and minds of the stakeholders. We are ever mindful that we serve the public and that we are in service to society. Our design work will be measured by the good feelings, the good business activity, and the civic pride generated by our efforts. To the extent that we allow all stakeholders to make this their project, the long term success will be insured for many years to come. We believe our process of design makes this "handoff' self-evident. We are merely the `catalyst' for the early stages of the project. A The full shade and dappled light of this outdoor courtyard on the ASU Main campus is a good example of Abell & Associates experience in designing delightful outdoor event areas. The forecourt of Fletcher Library for ASU West designed by Abell & Associates has improved over 12 years time. Abell 'Associates ARCHITECTS, LTD A R C H I T E C T U R E Landscape Architecture Planning ft Urban Design Two West Alameda Drive Suite N" I Tempe, Arizona 85282 • 3565 e-mail: abell@globalcrossing. net 480. 968. 8076 fax 480 968 3023 vox Proposed Fee: All elements listed below include all work elements specifically listed in the RFP. Data Review & Background Research 2-3 weeks............ $3,750.00 Preparation of Preliminary Drafts and 3 Concept Plans 4 weeks..............$17,150.00 Presentation of Preliminary Drafts 2 weeks .............. $ 4,950.00 Preparation of Final Concept Plan 2-3 weeks ............ $ 5,350.00 Completed Concept Plan 1 week ............... $ 6,150.00 Estimated total ...... $37,350.00 The above fees include technology based presentations utilizing power point presentations or approved alternative. The above fees include all copies and deliverables requested in the RFP. Other than basic traffic analysis and basic civil grading & drainage + utilities feasibility, o consulting engineering is included. We are happy to discuss our fees in detail and the scope of services and deliverables in more detail upon selection to tailor a program that meets your needs with greatest efficiency. Additional meetings, deliveries of short fuse items, additional copies or additional services will be negotiated as additional items. Per standard construction industry practice, the Owner will supply a detailed program for project, survey and topo of existing site, and provide advertisement and notification of meetings for all stakeholders. Schedule listed is tentative, depending on Owner's needs, ability to execute a contract, and provide timely information and approvals. The Town of Fountain Hills will receive a high quality service from our team. We pride ourselves on full principal involvement and will use the most qualified individuals from our respective design and engineering firms to insure the best work product. Please phone our municipal references. Thank you for your consideration. Significant Honors -The Northampton, England Architecture Fellowship, 1974 -The Arizona Architects Medal, 1989 [Only 18 awarded since 1965] -College of Fellows, The American Institute of Architects, 1996 [only 1260 practicing architects nationwide are currently members of the College] -Recipient of over 20 local and regional design awards for excellence in Architecture and Landscape Architecture since 1979. a Arizona State University Campus masterplan b Lagunitas School District Masterplan, Matin Co., CA c Suburban Toledo, OH Community VisionPlan d Blackthorne Housing District, Northampton e Eastern District Expansion, Northampton New Town Community & Professional Service -City of Tempe Planning & Zoning Commission 1987-93, Chair 1990-91 -City of Tempe Board of Adjustment 1984-87 -ASU Professional Advisory Council 1984-2001, Chair 1991-92 -ASU Alumni Association, Lifetime Member -Arizona Native Plant Society Member 1979-2001 -AIA Arizona, President 1990 -Presenter, AIA Grassroots Symposium, 1987 -Presenter, AIA Grassroots Symposium, 1988 •R/UDAT Team, Suburban Toledo, OH 1993 •R/UDAT Team, Lancaster TX 1995 •R/UDAT Team, West Valley City,UT 1997 •DAT Team, Gilbert, AZ 1984 •DAT Team, East Mesa, AZ 1987 -AIA Nat'l Affordable Housing Task Chair 1991 •DAT Team, Gilbert Heritage District, AZ 2003 -AIA Nat'l Urban Design Committee 1987-2003 0-3 Abell (XAssociates ARCHITECT5, LTD .............. A R C ill T E C T U R E Landscape Architecture Planning & Urban Design Two West Alameda Drive Suite N1 1 Tempe, Arizona 85282 � 3565 e.•tnaii: abell0globalcrossing. net 480 968 8076 Tax 480 968 3023 vox Mr. Abell has nearly 30 years of experience in Architecture, Landscape Architecture, Planning, and Urban Design throughout the western United States as well as England. Since 1978, Abell & Associates Architects, Ltd are known for high quality architecture, distinctive Sonoran region landscape architecture, and thoughtful masterplanning and urban design services. Mr. Abel[ has been asked by numerous communities across the United States to assist them in fashioning thoughtful planning documents through the national American Institute of Architects Regional / Urban Design Assistance Team. Often a visiting Professor of Architecture at Arizona State University, he has lectured frequently at regional and national AIA svmposia. Mr. Abell's projects have won numerous design awards and have been published in regional and national architecture press including Progressive Architecture, AIA Memo, and Arizona Architecture. He is a registered Architect in Arizona (1978) and California (1986), and a registered Landscape Architect in Arizona (1981). Major Planning & Urban Design Projects: 2003 Campus Masterplan South Mountain Community College 2003 Campus Masterplan Maricopa Skill Center MCCCD 2001 City of Phoenix CP-EV Light Rail Transit System Archit'I Guidelines 2001 Gateway Community College "mini-masterplan" 2000 Ordinances Updates for the Ci ty of Mesa 1998 ASU East Campus Academic Core Master Plan 1997 WGAA Architectural Design Guidelines 1996 Residential Subdivision Design & Dev. Guidelines, Gilbert 1996 Tempe Beach Park Master Plan 1996 Phoenix Zoo Arizona Trail Expansion Master Plan 1995 Lagunitas, CA School District Masterplan 1994 Phoenix Zoo Great Deserts of the World Master Plan 1989 Phoenix Zoo Desert Habitat Master Plan 1991 Paradise Valley Community College Master Plan 1993 Chicago Cubs Spring Training Complex Feasibility Study 1985 ASU Campus Land Use and Landscape Master Plan Major Landscape Architecture Projects: 1981 Historic Casa Blanca 1981 ASU University Street Mall 1986 Scottsdale Country Club & Golf Course 1989 Sun Devil Stadium Expansion 1990 ASU Nelson Fine Arts Center 1991 ASU Administration Building Courtyard 1992 Mayo Clinic, Scottsdale 1993 Paradise Cove Park, City of Phoenix 1998 Dobson Ranch Park Improvements 2001 City of Mesa Indoor Aquatic Center Yash Chaudhry, Architect Left to Right: a Tempe Beach Park Masterplan b Phoenix Zoo Arizona Trail Grand Plaza c Phoenix LRT Architectural Guidelines d Campus Masterplan Maricopa Skill Center e Phoenix Zoo Arizona Trail Hub Plaza Education & Awards Registered Architect, Arizona Registered Architect, India Bachelor of Architecture 1992, Center for Environmental Planning & Technology New Delhi, India Master of Architecture1995, University of New Mexico Louis Kahn Trophy 1987, National Association of Architecture Students Reubens Trophy 1988, National Association of Architecture Students John Gaw Meem Award, 1995 University of New Mexico 1994-96 Educational Facilities Design Specialist, Barker -MacFarlane Architects, Albuquerque, NM Mr. Chaudhry has been with Abell & Associates Architects, Ltd. since 1996. He has extensive experience with a wide variety of public projects for campus masterplanning, design guideline preparation, edit and modification to municipal ordinances and various public realm and school masterplanning assignments. Mr. Chaudhry's extensive CAD experience and technical expertise has facilitated project coordination and been invaluable in meeting demanding project schedules. Mr. Chaudhry also has specialized expertise with planning and urban design assignments requiring overview and rewriting for conformance to ADA requirements. ��. bc""t 0a,is � I. Major Planning & Urban Design Projects: 2003 Campus Masterplan South Mountain Community College 2003 Campus Masterplan Maricopa Skill Center MCCCD 2001 City of Phoenix CP-EV Light Rail Transit System Archit'I Guidelines 2001 Gateway Community College "Mini-masterplan" 2000 Ordinances Updates for the City of Mesa, AZ 1998 ASU East Campus Masterplan 1997 WGAA Architectural Design Guidelines 1996 Residential Subdivision Design & Devlpmt Guidelines, Gilbert, AZ 1996 Phoenix Zoo Arizona Trail Expansion Master Plan Major Sports, Plaza, & Park Projects: 1996 Tempe Beach Park Masterplan 1997 Dobson Ranch Park Improvements 1997 Gene Autry Park Tennis Facility Construction Administration 2003 Gila River Indian Community District One Community Sports, Wellness, and Multi -Purpose Building Major Architecture Projects: 1997 Arizona Mills Retail Center [300,000 sq ft; 125 separate permits] 1996-2003 14 Projects for Williams Gateway Airport 1997 City of Mesa Falcon Field Park Buildings 1998 Jenoptic Infab — Microchip Manufacturing Clean Room 1998 Phoenix Zoo Elephant Barn 1999 Washington School District at 25 School Sites 2000 Williams Gateway Airport Fuel Facility Control Building Abell OC'Associates Major Landscape Architecture Projects: A RCHITEC T s, LTD. 1996 Midwestern University . . . . . . . . . 1996 Embry -Riddle Aeronautical University Campus Planning . . . . . A R C it t T e C T U R E 1998 Mesa School District- Four Campus Improvements Landscape Architecture ' 1999 Cartwright Elementary Schools at Maryvale Mall Planning A' Urban Design 1999 Rancho Palo Verde Residential Community Two West Alameda Drive Suite M' f Tempe, Arizona 85282 • 3565 1999 Merrill Ranch Residential Community e-mail: abell@g,obatcrossing.net 1999 Chandler -Gilbert Community College Science Building Plaza 480 968 8076 fax 480 • 968. 3023 vox 2000 Mesa Indoor Aquatic Facility Joshua McClain, B.S. Arch Q Mr. McClain has been with Abell & Associates since 1999. An ASU graduate, his professional experience has covered a wide range of educational projects in architecture, landscape architecture, and masterplanning. In particular, he is very familiar with the demands of campus masterplans and educational needs, having recently worked with Broadmor Elementary Principal, Dr. Michael Fidler, in developing a campus wide masterplan. Mr. McClain has extensive CAD experience and technical expertise to facilitate your project and meet demanding project schedules. Major Masterplanning Projects: 2003 Campus Masterplan Maricopa Skill Center MCCCD 2003 Campus Masterplan South Mountain Community College 2000 Gateway Community College Site Masterplan and Campus Improvements 1999 Broadmor Elementary School Masterplan 1999-2000 On -Call Contract Projects for Washington School District at 26 different schools including major renovations at: Royal Palm Middle School Arroyo Elementary School Sunburst Elementary School Mountain Sky Middle school Lookout Mountain Elementary School Alta Vista Elementary School 1999 Chandler -Gilbert Community College Building 477 Additions and modifications 2000 Gila River Indian Community District One Community Education & Multi -Purpose Building 2000 Landscape Improvements to Various School Sites for the Abell OCAssoC1ates Washington School District A R C H I T E C T S, LTD. . . . . . . . . . . . . . . 1999-2000 On -Call Contract Projects for Williams Gateway Airport " R C it i T E C T U R E Campus including major renovations at Building 41 and Building 19 Landscape Arch i t e cl u re Planning & Urban Design Two West Alameda Drive sane n-• t 2000 City of Phoenix Deem Hills Maintenance Buildings Tempe, Arizona 85282 • 3565 email: abelf0globalcrossing.net 480 . 968 • 8076 tax 1999 Site improvements, ballfields, playgrounds & landscape design for 480 • 968 • 3023 vox Cartwright Elementary Schools at Maryvale Mall e Heffernan_ Associates Transportation Consultants r KATHRYN Z. HEFFERNAN, P.E. EDUCATION: Master of Business Administration, The University of Chicago Master of Engineering (Civil Engineering), Texas A&M University Bachelor of Science, Rensselaer Pclytechnic Institute REGISTRATIONS: Professional Engineer (Arizona and Illinois) EXPERIENCE: ce Manager for a In 1986, Ms. Heffernan left her position as Principal nationally known consulting engineering firm establish Heffernan &iA�olcates. In adction to her private sector experience, her professional background includes previous staff positions within the Arizona Department of Transportation and the City of Phoenix, Arizona. REPRESENTATIVE PROJECTS: major Trans rtation Data Collection An is. Ms. Ha on surveyeman has s, cordon en ocounts, nsible otravel Yspeed data collection efforts including origin-dessu studies, parking inventory and occupancy surveys, vehicle classification counts, on -board natransit ridership surveys, and land use inventories. Repreeset�a'�Pap Association include of development of a comprehensive traffic databaseA� and SR 260 (Camp Verde, Governments, roadside interviews on US 60 (Wickenburg, Harbor na ate University and Sky a AZ), transportation surveys conductedat otraffictcount program for as Vegas, NV. International Airport, and development of g ona Traffic /m�nalysis. Ms. Heffernan has conducted nearly 200 traffic impact analyses. In recent years, she has served as the traffic consultant many development Sedona Golf Resort, projects in Arizona, including several master -planned communities (StoneRidgeTown Lake Corporate The Preserve, Verde Santa Fe) and large-scale mixed -use projects ( ies in Center, 24"' at Camelback, Park Central). She has also assisted Statentolocal used whin reviewing traffic impact studies and in developing guidelines/procedures conducting such studies. �.�rtr� Fnnineerin4/Operations. Ms. Heffernan has extensive traffic engineering experience traffic safety in such areas as roadwaylintesseca ccealmingpacity eeclhn techniques, speed nal Cemit nt sInvestigations, and studies, access control plans, ared Traffic Analysis Reports for travel demand management programs. She has also prep rizona, including the I-19/8-19 interchange (Santa several major highway design projects in A Cruz County), US 60 and MC 85 (Maricopa County), SR 260 {Yavapai County), SR 88 (Gila County), and Arizona Avenue (Chandler). Parking Demand Analysis. Ms. Heffernan has conducted over 120'parking studies, including assignments for major mixed -use projects (Camelback Esplanade, Park Central, The Oasis), high-rise office buildings (Biltmore Financial Center, The Phoenix Plaza), shopping centers (Arizona Mills, Biltmore Fashion Park, Greenway Park Plaza, Southern Palms Center, Scottsdale Promenade, Bell Canyon Pavilions, The Comerstone), industrial parks (Alameda Center, Baseline Business Park), medical facilities (Scottsdale Healthcare — Osborn, Scottsdale Healthcare — Shea, Humana Hospital), and more unusual land uses such as a newspaper production facility and a milk processing plant. Transportation P��. Major studies for which Ms. Heffernan served as Project Direwr or Project Engineer include the 1998 Regional Congestion Study (Maricopa County, AZ), the SR 210 Corridor Study (Tucson AZ), the Downtown Denver (CO) Circulation Plan, the McHenry County (IL) Subregional Transportation Study, and the Master Plan for the Indiana State Capitol Complex in Indianapolis. She was also responsible for developing the Circulation Element of the Queen Creek (AZ) General Plan. Transit Plannin /g/Qperations. Ms. Heffernan's major transit planning responsibilities have included the Systemwide Transit Planning Study (Mariwpa County AZ), implementation of benefit assessment districts for Metro Rail (Los Angeles. CA), the Northwest Indiana Transit System Program, Route and Schedule Analysis for the Springfield (IL) Mass Transit District, and the East Corridor Transportation Project (Denver, CO). She has also conducted several studies for transit operators in rural and small urban areas. PROFESSIONAL ASSOCIATIONS: Institute of Transportation Engineers American Planning Association SELECTED PUBLICATIONS: Arizona Department of Transportation, Traffic Impact Analysis for Proposed DeveloPment. Policy and Procedural Guidelines, 1991 (co-author). "Traffic Impact Analysis for Creekside Marketplace, A Case Study," presented at the National Conference on Effective Planning Techniques for Small and Medium -Sized Urban Areas, 1988. "Phoenix's Experience with Life Cycle Cost Procurement - Round 2," presented at the Southwest Transit Association Third Annual Conference, 1982. "Planning for Elderly and Handicapped Accessibility in Advanced Transit Systems: Policy and Design Considerations," presented at the Advanced Transit Association Intemabonal Conference, 1978 (co-author). HUITT-ZOLLARS, INC. GLENN H. SHEARER, RLA Urban Development Manager Glenn Shearer has more than 26 years of professional experience in land planning, land development, environmental planning, and landscape architecture. His experience has involved working on major development projects ranging in size from 40,000 acres to less than 10 acres. His responsibilities on recent land development projects included developing master plans, rezoning applications, review agency coordination, improvement plan preparation, construction budget development, and schedule control. His experience has also included environmental impact studies for proposed highway projects, landfills, routings of proposed transmission lines, vegetation management surveys, land use evaluations and reclamation projects; site feasibility studies and major recreation projects. Mr. Shearer will be the lead designer for site development and will be the primary contact with review acengies. RELEVANT PROJECT EXPERIENCE Corona Del Sol High School — Various Site Improvements - Tempe, Arizona Project Manager for numerous civil site improvement projects at this high school campus located on the Southeast corner of Knox Road and Rural Road in Tempe, Arizona. These projects include building expansions of existing structures, relocation of an existing water line, a new sewer service line from the new restrooms located by the sports fields to Knox Road, and irrigation design for the athletic fields. Services included topographic survey, agency coordination, grading and drainage design, easements for water and sewer lines, sewer design, and irrigation design. Tempe Commerce Center - Tempe, Arizona The Tempe Commerce Center is approximately 10 acres in size and will have two 65,000 SF buildings with parking. The buildings will be used for industrial uses. As Project Manager, was responsible for the overall production of the site work, which included paving and grading, water and sewer connections, site plan preparation, and coordination with the review agencies. Rose Mofford Park - Phoenix, Arizona Project Manager responsible for master plan and construction documents for Rose Mofford Park. The project included planning, engineering, landscape design and construction administration. The park master plan embodies a wide array of active recreational facilities including a tournament softball complex, a multi -use playfield complex, game course, a jogging and exercise course, a system of pathways and horse trails, a 1,000-space parking lot, and a 70,000 square foot indoor recreating center. Passive recreational activities for the park included picnic areas, a children's playground, walking trails and picnic ramadas. In order to successfully complete the design of this 90-acre park, a 230-foot wide diversion channel was to be included which would traverse the project site. The channel divided the site into two separate parcels. After coordination with the U.S. Army Corps of Engineers and City agencies, the design team successfully accommodated this recreation facility. Medical Office and Hospital Improvements - Walter O. Boswell Memorial Hospital Campus - Sun City, Arizona As Project Manager for the hospital work on the campus, he has been involved with the overall development of the campus over the last 16 years. Responsibilities included rezoning, coordination with their architects, infrastructure design (roadway, water and sewer, and grading and drainage), construction administration, planning, site specific improvement plans for the various medical offices, and agency coordination. Types of projects: • Parking Lot analysis and report of the entire campus • Boswell West Medical Office Building (65,000 SF) with 400-car parking structure • Sun Health Eye Institute (20,000 SF) with parking • Institute of Biogerentology Research Facility (80,000 SF) with parking SHEARER.G Page 1 {DATEIMarch 10,1999) HUITT-ZOLLARS, INC. • Oncology Facility (20,000 SF) with parking • Hearth/Cath Facility (20,000 SF) with parking • MRI Facility (10,000 SF) with parking • Sun Health Corporation Day Care Center (15,000 SF) with parking • Parking lot expansions for the Hospital located in the visitor and employee parking areas • Pedestrian Passageway for Outpatients from the parking lot to the facility • Assisted Care Facility (45,000 SF) with parking Medical Office and Hospital Improvements - Del E. Webb Memorial Hospital Campus - Sun City West, Arizona As Project Manager for the hospital work on the campus, he has been involved with the overall development of the campus over the last 14 years. Responsibilities included rezoning, coordination with their architects, infrastructure design (roadway, water and sewer, and grading and drainage), construction administration, planning, site specific improvement plans for the various medical offices, and agency coordination. Types of projects: • Parking Lot analysis and report of the hospital parking area. • Webb Medical Office Building (65,000 SF) with 400-car parking structure. • Granite Valley Medical Office Building (65,000 SF) with parking structure. • Dental Arts Center (80,000 SF) with parking. • Oncology Facility (20,000 SF) with parking. • Parking lot expansions for the hospital located in the visitor and employee parking areas. • Major revisions to the drainage of the campus — revised master drainage report for the campus. • Major infrastructure improvements to relocation of both wet and dry utilities. • Expansion of the outpatient and emergency room at the Hospital. • Relocation and design of the helipad for the ER department at the Hospital Rancho La Loma Master Plan — Litchfield Park, Arizona Project Manager responsible for assisting the Project Architect with the master planning of a 350-acre parcel for medical related facilities such as a new hospital, medical office building, assisted care facilities, and a senior living residence. This project included the development of a master water and sewer assessment study, master drainage report, and traffic and pedestrian circulation on the campus. Initial phases of construction have been roadway improvements to Camelback Road and Denny Blvd.; construction of an 8,000 sf medical office; planning and design of a 60,000 sf medical office, and the planning of a 50-acre senior living complex to begin construction in the summer of 2002. Desert West Park - Phoenix, Arizona Project Manager responsible for design of Phase I of this district park. Facilities included four ballfields, game court areas, children's playground, walkways, and 400-space parking lot. REGISTRATION 1984//Landscape Architect/Arizona/#17700 Arizona Civil Registration: Pending EDUCATION 1978/Graduate Work in Environmental/ University of Nebraska -Omaha 1974/13S/Landscape Architecture/Michigan State University 1971/Liberal Arts/Delta Junior College SHEARER.G Page 2 tDATEIMarch 10,1999) r-� April 15, 2003 Denise Ruhling, Planner Community Development Department Town of Fountain Hills P O Box 17958 Fountain Hills, Arizona 85269 Dear Sir or Madam: RE: Proposal - AVENUE OF THE FOUNTAINS e group® is very interested to provide the Town of Fountain Hills with consulting services to create an "Avenue of the Fountains" Concept Plan. We understand the Town commissioned an economic enhancement study to determine boundaries and a downtown vision for a unified area with connections of streetscape design, pedestrian and vehicular accessibility. The scope of services includes data review and background research, preparation of preliminary drafts, presentation of preliminary drafts, preparation and completion of a final concept plan. The schedule is targeted for 3 months, from mid May to mid August. Ideas will carefully coordinate with stakeholders, including the Downtown Consensus Team, Property Owners, Town Council and the public. Our team brings knowledge, understanding and familiarity with issues, from working with the Town of Fountain Hills over several years. We also bring several very relevant and recent similar project experiences with pedestrian studies, streetscape designs and downtown redevelopment. Projects include the Award - Winning Phoenix Cancer Survivors Park, and Laveen Watercourse Greenbelt Pedestrian Design and Winslow's Downtown Renaissance. Please find attached ten (10) bound copies and one (1) unbound copy of our proposal. We carefully reviewed your RFP, visited the site and met with representatives to prepare our proposal. We look forward to the opportunity of working with the Town of Fountain Hills again. Thank you for your consideration. Sincerely, e group. landscape architecture / environmental design, inc. Ronald D. tasciore, R.L.A., ASLA Associate Ref: 03!022 e group® 817 North Central Avenue Phoenix, Arizona 85004 Facsimile 602-462-9001 Phone 602-462-9000 mail@egroupinc.com www.egroupinc.com Landscape Architecture Environmental Design Land Planning Urban Design Proposal - Avenue of the Fountains, Fountain Hills The Firm — e group e groups landscape architecture/environmental design, inc. is a consulting firm dedicated to provide planning and design services to municipalities and government agencies. Our mission is "to provide quality planning and design services in landscape architecture by balancing needs and issues to serve the long term interest of our clients, the community and the environment." Our expertise is landscape architecture. We provide professional services on projects, including facilitation of consensus, evaluation of site conditions, plan review and design tasks to produce drawings and contract documents to construct appropriate solutions that meet client needs and exceed expectations. The firm's strength includes ability to work with our clients to produce a consensus on planning issues for streetscape design, pedestrian and vehicular accessibility. We also have the experience and skills to produce design and construction documents for public bidding. We have worked with The Town of Fountain Hills, as well as a variety of municipalities in the Valley, and various architects and engineers. Our experienced Principals and Associates are directly involved and committed on every project, to provide the best quality services to our clients. Our staff is committed to provide professional services, project management, project coordination and production of products that are sensitive to public works needs and requirements for public agencies and stakeholders. Four Peaks Park, Fountain Hills. Serpentine theme wall. Our approach as Landscape Architects, tailors teams that are appropriate for specific needs. A Landscape Architectural firm provides the most sensitive leadership for streetscape design, pedestrian and vehicular accessibility. We build teams, as required, to bring engineering, art, signage and open space elements and amenities. e group. Ability to meet schedule e group. has the ability to complete the project within the time schedule. The firm has experienced people, backed up with our corporate resources, including our up-to-date computer system using AutoCAD 2000. People are our most valuable resources that create a collaborative team of 19 people, including Principals, Associates, Project Managers, Project Coordinators and support staff and administration. Our team, led by three Arizona Registered Landscape Architects has proven it's ability to be organized to work with various municipalities and complete projects within time schedules. Tools we use to help organize the time schedule, include our use of Microsoft Project software to manage a project timeline and tasks for a variety of people. Developing a project schedule helps track progress throughout the process, and it is especially helpful to integrate various people at organized meetings. Experience in similar studies e group, has successful experience preparing similar studies and plans. We also have been recognized for successfully completing design and contract documents for construction, as well as construction administration. Our projects are recognized with National and Local Awards. Highlights of our recent experience include directly relevant projects for streetscape design, pedestrian design and vehicular accessibility, include: • Phoenix Cancer Survivors Park, a linear park designed along the center of First Street, using traffic calming principles, from the Central Library to the Art Gallery. • Laveen Watercourse Greenbelt Pedestrian Design, a planning study to create a new Town Center, based on Pedestrian Design principles. • Winslow Downtown Renaissance, phase one is a linear park with a shared -use path along First Street and the railroad tracks; phase two is streetscape improvements to downtown streets. The following section lists and further describes our experience in similar studies. Proposal - Avenue of the Fountains, Fountain Hills Relevant Project Experience e group, brings professionals with successful experience completing similar projects. The following list highlights relevant projects, and is complemented by our additional broader project experiences in the Appendix. of colorful tiled obelisk, Phoenix The Richard and Anneft Bloch Cancer Survivors Park, Phoenix, Arizona. This project is relevant to Fountain Hills because it is a linear park and pedestrian walk, within a street median, and it applies traffic calming techniques to the street, with a curved street and on street parking. The park establishes an identity for the City of Phoenix, with its' First Street Art and Motivational walk. This project was published in Landscape Architecture Magazine, February 2003 (copy of the article is included in the appendix). The project also received several design awards, including an Honor Award from the Arizona Chapter of the American Society of Landscape Architects. e group. worked closely with the Architect to produce detailed design, construction documents for the landscape, including walkways, site furnishings, planting and irrigation design. The park, located in the center of First Street between Willetta Street and McDowell Road, is the result of an alliance between the City of Phoenix who provided the land and a Foundation who funded construction. The park created an intense and unique blend of desert landscape, art and an awareness and concern of a deadly disease. Construction Budget: $500,000. Completed: 2000. Client Contact: Jim Burke, Deputy Director, City of Phoenix, Parks, Recreation and Library Department, 602-534-1870; Walt Kinsler, City of Phoenix, Engineering and Architectural Services, 602-534-2160; Michael Kiner Architect, 760- 773-3390. The Richard and Annette Bloch Cancer Survivors Park, gateway pillars and landscape, along the motivational walk Phoenix, Arizona. e groups 2 Proposal - Avenue of the Fountains, Fountain Hills Laveen Watercourse Greenbelt Pedestrian Design This project is relevant to Fountain Hills because it developed not only a pedestrian trail system, but more importantly it defined a Town Center. The proposed Town Center was structured along a Paseo pedestrian spine with a core open space with retail shop frontage. The Laveen plan was recognized with an Honor Award from the Arizona Chapter of the American Society of Landscape Architects. In 1999, a group, worked with MAG and the City of Phoenix Planning Department, on a Pedestrian Design Project. This project developed a planning framework and design guidelines for development of pedestrian oriented designs for a future village core, with a series of open space trail linkages to future community development areas. The design and planning intent of the Laveen watercourse was to reflect the agricultural heritage of the village through the use, and modification of, the historic canal system. The pedestrian watercourse was envisioned to include and interconnect a multiple -use trail system with pedestrian nodes and activity centers along the way. The watercourse will also interconnect with a larger Phoenix Metropolitan trails plan and link with bus stops and Park and Ride facilities. e group. worked for MAG, Maricopa Association of Governments, and Dean Brennnan, Planner from the City of Phoenix Planning Department, to complete this Pedestrian Design Enhancement Project. The purpose of the project was to develop a design strategy and guidelines for the development of a Village Core and open space trail watercourse system to link the future growth and development framework of the community, located in Southwest Phoenix. Budget: $ 60,000 study; Completed: February 2001; Contact: Dawn Coomer, MAG 602-452- 5009; Dean Brennan, Planner, City of Phoenix, 602-262- 4499 Laveen Village Green, Town Center In addition to the Laveen Pedestrian study, we also completed the following similar projects for MAG, with: • The City of Phoenix, River to Mountain trail system along South 24' Street. • The Town of Gila Bend Pedestrian Design of a walkway connecting a neighborhood and park through the central downtown area to the school. Winslow Downtown Renaissance, Winslow, Arizona This project is relevant to Fountain Hills because it involves a phase one linear park and a phase two downtown streetscape plan. The linear park includes a shared -use pathway along First Street and the railroad tracks. The downtown streetscape includes walkways, pedestrian and streetscape enhancements including traffic calming techniques and parking enhancements. e groups is the prime consultant, leading a team of engineers, architect and designers, working for the City of Winslow on this downtown transportation enhancement project. The project is partially funded with a TEA-21 grant, managed and reviewed by ADOT and Arizona State Historic Preservation Office. Phase One includes a Shared - Use Pedestrian & Bicycle Path, as part of a linear park linking the Historic Hubbell Trading Post with the Historic renovated La Posado Hotel. Phase Two includes streetscape pedestrian design enhancements to the downtown streets, along the historic Route 66. Design will continue through 2003. Construction is targeted in phases for 2004, 2005, and 2006. Budget: $ 5 million; Completed: in -progress; Client Contact: John Roche, City Administrator, City of Winslow (928) 289-2423. 2423. t e group, 3 Proposal - Avenue of the Fountains, Fountain Hills Other relevant projects include work completed for the Town of Fountain Hills, including: • Fountain Lake Park, Fountain Hills; • Golden Eagle Park, Fountain Hills; • Four Peaks Park, Fountain Hills; • Desert Vista Park, Fountain Hills • Town of Fountain Hills, Parks & Recreation, Capital Improvement Plan; • Plat 208, Fountain Hills -This project included a tree inventory of the median of Avenue of the Fountains, trash receptacles, signoge, pedestrian concepts, streetscape concepts, lighting and landscaping. Streetscape Design projects completed for the City of Scottsdale, include: • Goldwater Boulevard, Scottsdale; • Indian School Road, Scottsdale; Phoenix Children's Hospital, Phoenix, Arizona This project is relevant because it includes a courtyard with a pedestrian walkway spine, with special concrete paving and pedestrian enhancement elements. Phoenix Children's Hospital, Courtyard walkway View east along Avenue of the Fountains - Auto traffic strip? Approach We understand that the Town of Fountain Hills wishes to obtain professional services of a consultant to undertake your Scope of Work, in five steps, and complete a Concept Plan to redevelop the Avenue of the Fountains, as a major component of the Downtown Project Area. We carefully reviewed your Scope of Work and write to confirm our interest in this project. Since the Town of Fountain Hills commissioned an economic enhancement study in 2001 to determine the boundaries and establish a vision for the project area, we believe it will be important to integrate ideas from these community stakeholders and the Town. Our approach will work closely with representatives of the Town, the Community and stakeholders. The planning process will be an interactive approach, as we research and prepare preliminary drafts and plans. A successful concept plan needs to build consensus at every step in the process, to produce a plan that the community will View adjacent businesses, from median of Avenue of the Fountains - Pedestrian linkages? e group 4 Proposal - Avenue of the Fountains, Fountain Hills Understanding: Issues and Ideas We understand a goal of the Avenue of the Fountains is to be both a destination and an amenity that gives the entire downtown a sense of place and an identity. Creating a destination implies attracting people, and encouraging people to park, get out of their cars and walk. Thus, pedestrian design enhancements will be important. Creating an amenity that gives the downtown a sense of place implies creating an identity that is unique to Fountain Hills and encourages people to walk. The fountain at Fountain Lake Park is an important connection with the unique identity of Fountain Hills. Specific issues and ideas that we see as priority of the Town include the following: 1. Traffic Control: Speeding auto traffic east to west is making north to south pedestrian foot traffic difficult and dangerous. The Town has a great desire to link the north and south sections of downtown. We believe traffic calming techniques should be considered. Calming techniques could include meandering the Avenue and making it a narrower lane with parking. Other calming techniques may include curb widening, or corner bulbs, to reduce the pedestrian travel distance to cross the Avenue. The Avenue of the Fountains must be a less attractive "through -way" and a more attractive, pleasant and convenient destination for traffic to park and pedestrians to walk. 2. Identity: The Avenue of the Fountains is a collection of unrelated and disjointed fountains and landscape elements whose whole is lesser than the sum of its' parts. There is no character, identity, or points of interest to draw people too the "median green". The "Park" could function as a full time art walk and arboretum that facilitates and encourages activities and special events. The use of "landmark" artwork, pedestrian walkway, with activity nodes, or gathering areas with benches, pedestrian lighting, trash receptacles and a top quality landscape design will create a sense of place and destination for the people of Fountain Hills. 3. A.D.A. Accessibility: The narrow existing decomposed granite pathways do not meet the standards for A.D.A. Accessibility. Pedestrian walkways of concrete with accessible ramps at pedestrian crosswalks will help attract people and create a safe, convenient and accessible route. A grading study would help ensure all walks meet accessibility standards and ramps and paths are developed with less than a 5% gradient, to improve access. e group. 5 Proposal - Avenue of the Fountains, Fountain Hills East view to Fountain Lake - Visual Connection? 4. Vistas: The east end of the Avenue of the Fountains is focused on the Town Fountain as a visual terminus, and the west end views the picturesque mountains as their visual terminus. The lush plantings that include olive, citrus, eucalyptus trees, block these views, until the ends of the park. View corridors at both ends of the park need to be opened up to take advantage of and enhance these spectacular views. View west towards the mountains - Where are the pedestrian crosswalks? 5. Utilities / Fountain Equipment: The entire length of the "median green" is cluttered with above ground utility and pool equipment. This equipment needs to be updated and placed in vaults. This will save valuable open space in the park and will help minimize the "visual liabilities". 6 Project Team The following highlights our team members and their experience on similar projects, who will be involved in this project. Bob Thompson, RLA, ASLA, CLARB, Principal, a group. Bob brings his passion for landscape design for public and institutional clients, with over 19 years of professional Landscape Architectural experience in Arizona. He is a Registered Landscape Architect in Arizona #21412. Bob's role for this project will be Principal -in -Charge, responsible for design ideas. Bob's role will be the Principal -in -Charge for this project. He brings landscape architectural design focuses on design ideas and creative design alternatives for open space facilities and amenities. Bob's experience includes working directly with the Town of Fountain Hills on numerous projects. e group. 6 Proposal - Avenue of the Fountains, Fountain Hills Bob's relevant project experience includes: • Fountain Park, Fountain Hills, Arizona; • Golden Eagle Park, Fountain Hills, Arizona; • Four Peaks Park, Fountain Hills, Arizona; • Indian School Road Streetscape, Scottsdale; • Laveen Watercourse Greenbelt Pedestrian Design ProiecF, Phoenix, Arizona; Ron Tatasciore, RLA, ASLA, Associate, a group Ron brings strong planning and design experience from a variety of Pedestrian Design and downtown streetscape projects, with over 31 years of professional experience from projects in Arizona and Internationally. He is a Registered Landscape Architect in Arizona #27539. Ron's role for this project will be a planning advisor, responsible for pedestrian design and downtown improvement ideas. Ron has experience working with a variety of municipalities. His current work includes several pedestrian design projects for MAG, and the downtown revitalization plans for Winslow. Ron's experience includes international experience from various parks and amenity projects, as well as local experience in Arizona. As Director of Public Works, he brings experience working with municipalities and government agencies. Ron's relevant project experience includes: • Renaissance Historic Downtown Area, Winslow; • The Richard and Annette Bloch Cancer Survivors Park, Phoenix; • Laveen Watercourse Greenbelt Pedestrian Design Project, Phoenix; • City of Phoenix, River to Mountain Trail for south 241h Street, Phoenix; David Case, Associate, a group. David brings strong project management and design coordination skills and experience for parks and recreational facilities and streetscape design, with over 7 years of professional experience from relevant projects in Arizona. Dave's role for this project will be Project Manager, responsible for team leadership, to ensure the project success. Dave's relevant project experiences include: • The Richard and Annette Bloch Cancer Survivors Park, Phoenix; • Fountain Lakes Park, Fountain Hills; • Four Peaks Neighborhood Park, Fountain Hills; • Golden Eagle Park, Fountain Hills; • Desert Vista Park, Fountain Hills; • Plat 208, Fountain Hills; • Parks & Recreation Capital Improvement Plan, Town of Fountain Hills. e group. Zac Kiebke, Project Coordinator, a group. Zac brings strong technical experience and landscape design skills for streetscapes and pedestrian areas, with over 6 years of professional experience from relevant projects in Arizona. Zac's role for this project will be Project Coordinator, responsible for the planning and design drawing packages. Zac's relevant project experience includes: • Fountain Lake Park, Fountain Hills; • Design site layout plans, theme concepts and details for commercial and multi -family projects; • Work directly with owners, consultants, municipal officials, contractors and our in-house team throughout the duration of projects. pedestrians? e groups brings key people with the support team of 19 people in-house to provide landscape architectural services, including hardscape, irrigation design, planting design and special features and amenities, including street furnishings and water features. The firm has the people and resources to successfully complete this project, within its' three months schedule. The firm has the time and interest in continuing work and our investment of working for the Town of Fountain Hills. Our team is eager to work with the Town, community and stakeholders to achieve a successful concept plan. Our team members are organized to provide collaborative support to provide project leadership, design ideas, project management and coordination and successful production of all tasks within the allocated time schedule, targeted from mid May through mid August. Proposal - Avenue of the Fountains, Fountain Hills Children's Fountain, Avenue of the Fountains - an obstacle to pedestrian flow? community activities and events? Proposed Fee: We propose the following fee to complete the Scope of Work outlined, in tasks as follows: 1. Data Review and Background Research (2-3 weeks): $3,000; 2. Preparation of Preliminary Drafts (30 days): $4,000; 3. Presentation of Preliminary Drafts (2 weeks): $2,000; 4. Preparation of Final Concept Plan (2-3 weeks): $ 3,000; 5. 5. Completed Concept Plan (1 week): $1,000. Total Fees (Tasks 1 through 5 above): $ 13,000. Proposed Expenses: In addition to fees, expenses including reproduction and copies will be billed at cost, plus 20% overhead. Fountain along Avenue of the Fountains - a sense of place? Conclusion: Thank you, for your consideration. a group, landscape architecture is very interested in being considered for this important visible public open space and downtown project. Our approach will provide consensus building of the project stakeholders and provide strong landscape leadership to produce an appropriate design concept. We believe this project is important to reinforce community pride in downtown Fountain Hills. Our team brings: • 100% time commitment from team members; • Landscape Architects with an environmental ethic; • Creative design ideas; • Strong design skills to interpret and facilitate consensus to select theme options; • Strong management skills for action; • Proven project team, who work together; • Horsepower and resources to produce results, on schedule; • Sensitivity to integrate stakeholders into the community process; We bring strong experience from recent work for the Town of Fountain Hills; Avenue of the Fountains e group 8 it! Aak Prof ssionaI Qualifications hotels, resorts & golf facilities hotel landsape r �A �- commercial retail & business parks open spaces, plazas, pedestrian routes, landscape buffers, parking lots 0 luxury multi -family residential landscape amenities, hordscape, water features, pedestrian spaces parks, sports & recreational facilities landscape amenities, hardscape, water features, pedestrian spaces theming, graphics & illustrations master planned communities A e group® Landscape Architecture Environmental Design Land Planning Urban Design i-* ,4 AL municipal facilities libraries, court houses, police stations, city halls ,1 institutional facilities >?`•�^x,a hospitals, medical centers, schools, campus planning " c y. F � / �A XL environmental planning & design pedestrian studies e e groups Landscape Architecture/Environmental Design, Inc. is a consulting firm dedicated to provide planning and design services to the private sector, municipalities and government agencies. Approach Successful projects go beyond solving immediate needs and problems. Balancing needs and issues can serve the long-term interests of our client, the community and environment. At a group. our experienced, skilled and committed professionals work as a team, to focus on solutions that meet our clients' needs and exceed expectations. Planning and Design Process e group.'s philosophy incorporates our client and sub -consultants as part of our team. We provide leadership as a Prime Consultant to manage and coordinate multi -disciplinary teams on projects. We also provide Sub -Consultant services as part of larger design teams. Our planning and design process is tailored to integrate tasks, timing and people to produce high quality products, on time and on budget, using our quality control process. Site C�nntaxt Sites are assessed and evaluated in relationship with surrounding forces and site influences. Our goal integrates site and environmental factors with our clients' program and project needs. History Celebrating over 25 years of design excellence, founded in 1976 as Richard Emik Associates, e group. is based in Phoenix, Arizona. The firm's projects extend from Arizona to California, Nevada, New Mexico, Idaho, Oregon, Utah, Texas , Washington and most recently Mexico. Awn rd-z The firm's commitment to quality design is recognized with professional design awards from organizations including: the American Society of Landscape Architects, Valley Forward Association, United States Tennis Association, Landscape Contractors Association, Arizona Business Magazine, Arizona Multi -Family Association, and National Pool Builders Association. Sarvirpm e group. provides a full scope of Landscape Architecture, Environmental Design, Land Planning and Urban Design services, including: • Planning Studies, Pedestrian Design • Program Development and Site Planning • Master Planning, Land Analysis, Permits, Impact Statements • Urban Design and Design Guidelines • Environmental Design and Site Analysis • Project Management and Coordination • Public Participation and Leading Workshops • Concept Design, Design Review Board Coordination for Submittal/Approval • Graphic Presentations, Computer Graphics • Landscape Design, Site Design, Detailed Design • Irrigation Design, Water Feature and Hardscape Design • Working Drawings, Construction Document Packages, Bidding Assistance • Construction Administration / Field Services. Rpnrgfitc In addition to a full range of professional planning and landscape architectural services, we offer the following value-added benefits for our clients: • Our team of professionals provides creative design ideas/alternatives, customized and tailored to meet project specific needs. • Our skilled production team brings computer resources, computer graphics, AutoCAD drawings and specifications. • Our quality control system, developing ideas and alternatives to ensure accurate drawings are produced on schedule and on budget. Plus, our commitment to follow through and post occupancy evaluations Landscape Architecture Environmental Design Land Planning Urban Design Site Engineering e group• 817 North Central Avenue Phoenix, Arizona 85004 www.egroupinc.com Facsimile 602-462-9001 Phone 602-462-9000 e group. Parks & Recreation Facilities Parks & Recreational facilities services we offer include facility budgeting and fiscal planning, master planning, design, construction documents and construction services for Pro Sports Facilities, Regional, Cultural, Community, and Neighborhood Parks. We work with a variety of municipalities in the Valley and across Arizona. Our experience as design team leaders and consultant team member, gives us the flexibility to work within a team environment to ensure the final product will meet and exceed the clients' expectations. We are committed to quality products that create strong design images, integrating the needs of the community and the environment. This commitment ensures client needs are met with a special focus on the needs of municipal agencies, schedules and budgets. Pro Sports Facilities: Scottsdale Stadium Scottsdale, Arizona With HOK Sport Facility Group and the City of Scottsdale, a group.. completed the master plan and site design for the San Francisco Giants training facility, as an anchor to Scottsdale's downtown core. Hohokam Stadium Mesa, Arizona With HOK Sports Facility Group and the City of Mesa, we completed landscape, irrigation, hardscape and signage design services for this Spring Training Facility, and practice fields for the Chicago Cubs. Peoria Spring Training Facility Peoria, Arizona With HOK Sports Facilities Group, Inc. and the City of Peoria we produced a master plan and landscape design for the latest Cactus League training facility, home for the San Diego Padres and Seattle Mariners. Electric Park Stadium Tucson, Arizona With HOK Sports Facility Group, Pima County Sports Authority, Pima County Parks and Recreation Department, e groups completed the site design documents for the Diamond Back's and White Sox s training facility. Community Parks: Tovrea Castle Park Phoenix, Arizona We completed the Master Plan for this historic site, integrating Parks and Historic Preservation. Our landscape design drawings and intensive site services successfully restored the historic cactus gardens, surrounding the Castle, for the initial stage of construction. Desert Mountain Master Plan Scottsdale, Arizona Design of a master trail system, with bike path and pedestrian ways providing access to Tonto National Forest, an amphitheater and two Jack Nicklaus designed golf courses. District Troon North Park Scottsdale, Arizona Design for this 33-acre municipal park master plan suc-cessfully integrated a variety of high intensity uses into a natural setting of rugged boulder fields and washes. Phoenix Cancer Survivors Park Phoenix, Arizona Our landscape design services with the architectural team integrated artists, to create a special award -winning park within the redevelopment of 1 st Street downtown. Paseo Racquet Center Glendale, Arizona Design for this 21-acre municipal park features a state-of-the-art tennis and racquetball center, winner of the USTA Best Municipal Facility. Freestone Regional Park Gilbert, Arizona Design for this 80-acre municipal park included a 13-acre public works facility and two lakes of over 5 acres, with a range of active recreational and sports facilities. This successful park won numerous design awards. Horizon Community Park Scottsdale, Arizona This 24-acre municipal park, located within Scottsdale's "north urban core" is designed to serve the lighted sport field requirements for this north Scottsdale neighborhood and the adjacent development areas. Rotary Community Park Lake Havasu City, Arizona This 85-acre beachfront park incorporates a variety of diverse activities, including a cactus garden entry and incorporation of an existing wash landscape feature. Page 1 of 1 e group. landscape architecture / environmental design, inc. tel:(602) 462-9000 fax: (602)462-9001 hffp://www.egroupinc.com e group. Parks & Recreation Facilities Fountain Lake Park Fountain Hills, Arizona We completed a comprehensive master plan and design services to renovate this community focal point, with new park facilities. South Mountain Park Educational Interpretive & Equestrian Center Phoenix, Arizona We provided site master planning and design services for this 20-acre educational facility, incorporating salvaged plant material and trails as teaching tools. Tohono Golf Course Eloy, Arizona e group. led the design for this 7,150 yard, par 72, Championship Golf Course featured a vastly undulating terrain, large water feature holes and practice facilities. US Bureau of Land Management Cripple Creek Campground, Arizona We completed site design documents for Empire Landing Recreation Area, Arizona; Bedrock Canyon Recreation Lands, Nevada; Takeoff Point Park, Arizona; Laguna Dam South Park, Arizona. Neighborhood Parks: Dynamite Park Phoenix, Arizona Design services included managing a sub -consultant team for this 20-acre park, including passive turf, tennis and basketball courts, parking, walkways and a bridge to protect a desert wash, meeting 404 permit regulations. Rio Montana Park Scottsdale, Arizona Design for this 7.2-acre site created the first municipal park within the City of Scottsdale's "Environmentally Sensitive Lands District". We successfully combined active and passive uses, with a fire station. Sunset Vista Park Glendale, Arizona Design services included managing a sub -consultant team for park design, drawings and construction services for this linear park along the Skunk Creek Wash. Kachina Park Phoenix, Arizona Design for this small passive park included tot lots, picnic ramadas, par courses and lawn volleyball. Esteban Park Phoenix, Arizona We completed a redevelopment master plan for a phased upgrading of existing and new recreational facilities. Golden Eagle Park Fountain Hills, Arizona We completed the facility design for this premier 25-acre park, within a storm water detention facility. The design combined sports facilities, adding a pedestrian trail sys-tem linking the adjacent high school site with the park. Four Peaks Park Fountain Hills, Arizona As prime consultant for the Town, e group. led a team to complete a master plan and de -sign for a new youth soccer facility. Interpretive signage, restrooms and a connecting bridge to the adjacent school site provided a strong base for the neighborhood's commitment to its children. Desert Vista Park Town of Fountain Hills, Arizona We completed this 5.5-acre master plan for active recreational sports, featuring the valleys first premier dedicated off leash dog facility. Chandler Parks Chandler, Arizona e group. worked for the City of Chandler, providing de -sign, construction documents and construction services for the renovation of existing parks: Apache Park — A 5-acre expansion of an existing facility; Stanton Park —Renovation existing 10-acre detention facility; Windmills West Park —A 2-acre neighborhood expansion; Pecos Ranch Park — A new 2.2-acre neighborhood park; Sunrise Park — A new 5-acre park in a detention basin; San Marcos Park — A new 14-acre neighborhood park Page 2 of 2 e group. landscape architecture / environmental design, inc. tel:(602) 462-9000 fax: (602)462-9001 http://www.egroupinc.com The Richard and Annette Bloch Cancer Survivors Park is located in the center of 1 st Street between Willetta Street and McDowell Road. The project is the result of an alliance between the city who provided the land and a Foundation who funded the construction. provided local contact, design services, construction documents and construction administrative services. Other participants include a team Architect, Engineer, Designers and Artists. This particular park has been extremely well received by the businesses directly adjacent to the park as well as others who live around the neighborhood. The park is a great example of the differ- ent uses for quality landscape architecture and design. It effectively provides a place for the public to rest, learn, relax, think as well as providing an inviting environment for adja- cent business and homes, while maintaining its original func- tionas a street. e group- cancer survivor's park phoenix, arizona fountain lake park fountain hills, arizona e group is working with the Town of Fountain Hills Parks and Recreation as prime consultant to incorporate new amenities within this existing 72-acre park. New park components include: an outdoor amphitheater with grass entry for 1500 people, ADA compliant sidewalks, jogging path, a new restroom and control building, new parking areas, two group ramadas, multi -age playground, volleyball courts, horseshoe pits, grading, irrigation, site amenities, and a championship 18 hole e group® Landscape Architecture Environmental Design Land Planning Urban Design laveen watercourse / pedestrian trail phoenix,arizona The design and planning for the Laveen water- course reflects the agri- cultural heritage of the town through the use and modification of an historic canal system. The pedestrian watercourse includes and intercon- nects a multiple -use trail system with pedestrian nodes and activity centers throughout. The design includes a comprehen- sive study of the vehicular and pedestrian thorough- fare and small- scale detailing of the specific connections between. The watercourse will also connect the town, with its new village core, to a larger Phoenix metro- politan trails plan, linking bus stops and future Park and Ride facilities. e group, town of fountain hills parks and recreation 2001 - 2006 capital improvement plan town of fountain hills, arizona LEGEND EXISTING CLASS 11 DEUNEA' EXISTING CLASS III SHARED _ PROPOSED CLASS II DELINE _ PROPOSED CLASS III SHARE P PROPOSED PUBLIC SCHOOL EXISTING PUBLIC SCHOOL Lt _ PUBLIC PARK PRIVATE PARK GOLF COURSE CONNECTING SIDEWALKS W-10' WIDE CONCRETE WAL Working closely with the town and various community and user groups, surveyed community needs and made recommendations to focus resources to address current and future needs of the community. A report with graphics of each park was produced with recommendation to guide recreational facilities and budgets for improvements for a five-year period. e group® Landscape Architecture Environmental Design Land Planning Urban Design '4' I winslow renaissance historic downtown area wins Iow, arizona mac_ sy - s i e group is the prime consultant, leading a team of engineers, architect and designers, working for the City of Winslow on this downtown transportation enhancement project. The project is partially funded with a TEA-21 grant, managed and reviewed by ADOT and Arizona State Historic Preservation Office. Phase One includes a Shared -Use Pedestrian & Bicycle Path, as part of a linear park linking the Historic Hubbell Trading Post with the Historic renovated Lo Posada Hotel. Phase Two includes streetscape pedestrian design enhancements to the downtown streets, along the historic Route 66. Design will continue through 2003. Construction is targeted in phases for 2004, 2005, and 2006. 40� w e group® Landscape Architecture Environmental Design Land Planning Urban Design goldwater boulevard scottsdale, arizona n The firm designed landscape, irrigation and hardscape elements including decorative pave- ment, artist integration of such elements as custom bus stops, theme sound attenuation walls, tree grates and tree guards. Goldwater Boulevard completes the downtown West Couplet from Indian School Road to Osborn Road. e group® Landscape Architecture Environmental Design Land Planning Urban Design indian school road scottsdale, arizona This comprehensive streetscape design and alignment study addresses a 2 mile section through downtown Scottsdale from Hayden Road to 68th Street. Indian School Road is being redeveloped to become the major east - west gateway to downtown and the pedestrian "back- bone" connecting the major shopping districts north and south of the road. The project scope includes the development of a pedes- trian oriented streetscape including hardscape fea- tures, street furniture, art elements, gateway features and landscaping. e group® Landscape Architecture Environmental Design Land Planning Urban Design �11 *.44*4 All Pl. AP�"% E:::J L-J I - I _P _f__j D _F n 1978, Richard Bloch, co- founder and honorary chairman of H&R Block tax preparation services, was diagnosed with ter- minal lung cancer and given three months to get his affairs in or- der. Instead of tidying up before dy- ing, he sought a second opinion, found a doctor who guided him through aggressive treatment, and after two years was declared cured. Since then, and through a second battle with cancer, he and his wife, Annette, have devoted their lives to helping people survive cancer. What does this have to do with landscape architecture? Plenty. Among the many support and edu- cational services that the R.A. Bloch Cancer Foundation, Inc., provides is the cancer survivors park pro- gram that has created several small parks across the country. To date the foundation has funded 17 parks to completion, 2 are soon to open, and 7 more are in the works. "There is enough to build 52 more parks in large metropolitan areas," says foundation adminis- trator Vangie Rich. The founda- tion, solely funded by the Bloch family, pays for the development of the parks, excluding monies needed for land acquisition, and CANCER SURVIVORS PARK in Phoenix, Arizona. The image at left shows the obelisk by file artist Mario Bartels, which is a central feature of the park. Each Bloch park includes the prescribed sign (right), though the mounting and framing materials vary by locale and tend to have some regional flavor. Richard BlOCh S .will also provide a perpetual mainte- cancer survivors nance fund for repairs and refurbish- ing park elements. The funds vary parks aim to depending on the scope of the pro- inform posed project and the size of the met - and ropolitan region. Parks in urban areas inspire patients with a population of more than one million will be awarded full funding t0 fight the ($1 million), while a city of 100,000 is only eligible to receive a sculpture disease. Do they and plaques. Most of the parks are spearheaded by a cancer survivor who help? Are they has seen another park or heard of the parks on the foundation's web site good design? (www. blochcanw.. org) or through word of mouth. The construction and park By R E B E C C A maintenance are typically managed by local municipalities, such as city FISH E W A N parks and recreation departments. 1 59 1 7 Why parks? When Richard Bloch speaks to a group about surviving cancer, he always begins by saying: "Welcome to the wonderful world of hope." In 1982, Bloch retired from H&R Block, and since then he has invested more than $50 million in the idea that cancer can be cured and that the success of a cure depends on the patient's belief in the cure. The parks serve in several ways to nurture cancer patients' faith in their own sur- J PLAN OF THE cancer survivors park in Phoenix, above. Details of the Phoenix park, below, showing the use of native and desert -adapted plants. vival. The first step, and perhaps the parks' raison d'etre, is learn- ing where to turn for help when diagnosed with cancer. Through programmatic elements common to all, the parks suggest cura- tive possibilities even before someone is diagnosed with cancer. One out of every four Americans will be so diagnosed at some point in her or his life. The "most important element is signage," says Rich, and no doubt the first element to stick in the memories of people who see the parks is the "Richard and Annette Bloch Cancer Survivors Park" sign. The sign is placed in a prominent location so com- R ,I V E 0 ne day in 1997, while , - oSU campus. There were no stopped at a traffic light C e other visitors while I was there in Towson, Maryland, a on a Sunday afternoon in late Architecture, �1org�trz State University Baltimore suburb, 1 noticed a spring. At both parks, the small park under construction. noise generated by cars and What a curious place to build a park, at the intersection of trucks stopping and starting at traffic lights negated two very busy arterial roads and behind a regional shop- any feelings of solitude or reflection 1 might have other - ping mall, I thought. The next day, at Morgan State Uni- wise experienced. versity (where I teach in the landscape architecture graduate program), I learned that it was a cancer survivors park. After its completion, I took a closer look, and 1 have returned on two other occasions with graduate students. The park is evident to drivers from the street that faces the entrance, but others probably overlook it among the distractions of suburban road clutter. Drivers with green lights are apt not to notice the park at all. The consensus among the students was that the park was well designed (by local landscape architect Bill Ker- win) in defining rooms and different spaces for users, and that it was well constructed. But every student had diffi- culty knowing how to react to the concept of a cancer survivors park. What exactly does that mean? As a non - cancer survivor, how should I feel? Should I even be here? On the other hand, the park seemed too prescriptive and overprogrammed in some respects. Every step and thought is laid out through the mandated "road to recov- ery" plaques, the "positive mental attitude walk," the sculpture of eight life-size figures passing through a maze, the meditation stations, etc. I've also visited the cancer survivors park in Columbus, Ohio, which is similarly located at a busy intersection amid cornfields and Ohio State Universi- ty athletic fields. There's a curious lack of urban context and sense of connection to the main part of the muters can see it clearly. Each cancer out everything survivors park is located on a busy thor- Knowledge oughfare. The intent is to get as many book Fi_ people as possible to see the parks and the signs so they can begin to, as Rich says, "equate cancer with survivorship." There's one on the road to San Diego In- ternational Airport, for instance, and ROWNw— Dallas commuters might notice one on the way downtown. Ohio State University students heading for classes in Columbus might observe one as well. As a cofounder of the most recognizable tax preparation business in the country, the value of name recognition isn't lost on Bloch (who in 1955, with his brother Henry, chose the business name of H&R Block because they thought Block would be more rec- ognizable than Bloch). To receive foundation funding, the parks must have high visibility. This may seem incongruous with concepts of heal- ing environments. Wouldn't a cancer patient feel more nur- tured in a quiet secluded garden, like places advocated by designers and researchers of therapeutic spaces? "We aren't According to the cancer parks web site (www.blochcancerorg/virtual park), Richard and An- nette Bloch intended the cancer survivors parks to be "a tribute to the living" with a clear message, "Don't equate death and cancer." They see the parks as the media for getting this message to the largest possible audience, as well as places for cancer survivors to visit. The relative importance of "sending a message" to motorists over providing an experience for park visitors is indicated by statements such as, "It must be in a location that will be seen daily by many —such as a prominent position on a major traffic -way.... Therefore, the visibility is probably as important as all other factors combined .... It wants to make a magnificent showing to the passerby.... Therefore, the impression to the casual passerby is far more impor- tant than the interior finish." But I wonder if billboards or some simpler symbolic ges- ture, such as the clusters of three crosses erected in 28 states by Christian evangelist Bernard Coffindaffer, would be more effective in sending the message. Ultimately, however, by locating the parks in high -traffic areas that are difficult for pedestrians to reach and by making innov- ative design a secondary priority, the Blochs forego oppor- tunities to create more rewarding spaces where cancer survivors and others can learn, meditate, reflect, and gain strength and inspiration. looking for a bucolic park with the ele- ments sitting on top of it," says Rich. In other words, the Blochs probably would not. approve a scheme that tried to nestle the programmatic elements in a tranquil Olmstedian landscape. Preferring visibility over a traditional American park aesthetic might help explain why the Blochs tend to award design commissions to architects rather than landscape architects. The parks are not designed to be exclusively thera- peutic; they are created to get the word out that cancer is sur- vivable. Richard Bloch believes that a person with cancer who has seen a survivors park prior to diagnosis will remember it and will be more likely to visit to find information and hope. The cancer survivors parks function on principles of prod- uct recognition in consumer marketing by relying on consis- tency of form or elements. The first parks had to include five elements: the "Richard and Annette Bloch Cancer Survivors Park" sign, the "Cancer... There's Hope" sculpture designed by Mexican artist Victor Salmones, fourteen plaques placed along a path called the `Positive Mental Attitude Walk," seven plaques along the "Road to Recovery," and a computer where cancer survivors could enter their names into a database. The plaques include a combination of inspira- tional messages ("cancer is the most cur- able of all chronic diseases") and practical information ("read the book Fighting Can- cer, available free from 800-433-0464"). The computer element has been sup- planted by an online registration service because exposure to the elements took a toll on the hardware. In lieu of the origi- nal computer component, the foundation's web address is posted in each park, so vis- itors can log on later and go to the online cancer survivor site. The web site lists can- cer survivors (people free of cancer for at least five years), organized by cancer type. The other four elements remain. Inseparable from any design criticism of the parks is consideration of the degree to which the parks help peo- ple survive. "If each park can in- spire one or two people each year to fight and succeed," says Richard Bloch, "then we think they're worthwhile." The anecdotal evi- dence of this is compelling. People who have survived cancer send the foundation photographs of them- selves weaving their way through the maze in the Salmones sculp- ture. Vangie Rich decided to join the foundation staff after talking with a young man who had told her about his own fight with cancer and how he had gone many times to the park during treatment. Now, as a cancer survivor, he returns to the park to remember what he has been through. "There isn't a person who hasn't been touched by can- cer," says Rich. If the parks can reach people and give them hope, this is a measure of success. "So many people die, because they don't try to live," says Bloch, add- ing that death begins with the abandonment ofhope. In truth, it's hard to look at a $50-million com- mitment to giving people hope in their battle with cancer and find fault. It would require a high de- gree of uneamed arrogance to pooh- pooh it in any way. To better understand how the concepts and features are realized on the ground, I visited four cancer survivors parks: one in Phoenix, Arizona, and three in California, at Rancho Mirage, San Diego, and Bakersfield. The first three, de- signed by architect Michael Kiner of Michael Kiner Associates, artist Mario Bartels, and landscape de- signer Bennet Puterbaugh of Blue Palm Landscape & Design (who hail from the Southern California cities of Palm Desert, Laguna Beach, and Palm Springs respec- tively), have similar characteristics. The Phoenix park also involved design devel- opment, implementation, and plant selection input from the a group, a multidisciplinary landscape architecture firm in Phoenix. After I studied these four parks, the elements began to feel redundant. This is, of course, part of the intent: to educate via repetition. Like FOR THE RANCHO MIRAGE park, architect Michael liner used similar forms as in San Diego. The pavilion behind the columns has a pyramid shape to reflect the belief in the heal- ing power of pyramids. 1 63 1 the Golden Arches that signal the Big Mac, Sal- mones's muscular bronze sculpture, depicting cancer patients and their families moving through the maze of cancer treatment, became a familiar image of cancer survival. The figures transition from anxious and melancholy gestures to those of joy, a literal representation of the emotional journey through -the maze of cancer treatment and recovery. People who prefer abstract art may find the sculp- ture's message rendered in a too obvi- ous manner. Walking along the "Positive Mental Attitude Walk" and the "Road to Recovery," I recalled lessons I'd learned about design com- munication, especially how to convey information without signage. A design professional might prefer a more poet- ic approach to saying: "There are treat- ments for every type of cancer." On the other hand, people with cancer might not want to slog through a cryptic artis- tic expression of that fact while walk- ing their road to recovery. When analyzing built works of land- scape architecture, a critic may overlook process and focus (Continued on Page 86) THE NIUT APOLIS PARK is prominent- ly located along Nicollet Mall, at the base of the iconic Federal Reserve Building (above). Its central open grass terraces (opposite) contrast with the birch groves through which the "Road to Recovery" and the "Positive Mental Attitude Walkway" meander (below). THESE PARKS ARE CONDEMNED TO BE MEDIOCRE LANDSCAPES BECAUSE THE PARK REQUIREMENTS NEGATE A BASIC PRINCIPLE OF LANDSCAPE ARCHITECTURE: THAT A PARK BE SITE SPECIFIC. 1 64 CIRCLE 143 ON READER SERVICE CARD Prescription for Healing (Continued frmn Page 64) on aesthetic suc- cesses and failures. But, of course, process informs design, so it is important to con- sider. The Phoenix park, for example, "was a good collaboration," says Ronald D. Tatasciore, an associate with a group. Tatas- ciore oversaw the development of the con- struction documents, refinement of the design, and the approval and construction process for the park. "You can't claim any one person did any one thing," he says, though he's quick to credit James Burke and Walter Kinsler of the city of Phoenix Parks and Recreation Department for con- tributing to the successful execution of the park. "If it weren't for Jim and Walt, it wouldn't have happened," he says. Beyond working through the approval process in coordination with e group, Burke and Kinsler were able to secure lighting from the local utility company and paving from the transportation department, which helped keep the project within budget. Burke also feels good about the park - making process and the outcome. Bloch, he says, "had this vision. It was very infec- tious, and we just bought into it." Today, Burke says, he will veer off the wide straight Central Avenue and onto the road along the park "just to drive down a curvy street." Indeed, the wavy lanes that frame the park offer a reprieve from the monoto- nous gridiron road pattern in Phoenix. Curvilinear streets are the norm ad nause- am in the outlying suburbs, but so near the downtown the brief wiggles are a novelty that helps slow traffic passing by the park. Despite the tight programming of the required elements, the parks, many of which function more as plazas, have other means for artistic expressions beyond the required features. For instance, Marlo Bar- tels's work is colorful and full of textural surprises. Kiner notes the healing quali- ties of Bartels's work —rich tile mosaics thick with blue hues so suited to coastal or desert light. It's "very bright, very up, exciting visually," says Kiner. Blue "is a healing color," he adds. Of the obelisk that is incorporated into the Phoenix park, Bar- tels says it is "kind of a memorial form" that has to do with the sun, the ever-pre- sent natural element of the Phoenician landscape. The tile mosaic patterns are al- so "stars from different galaxies," adds Bar- tels, "like celebrations." Landscape Architecture 1 86 1 FEBRUARY 2003 When it comes to parks, landscape ar- chitects tend to assume divine design rights, but the Bloch park commissions are given to "whomever happens to win the design competition," says Rich. The Blochs, who approve all designs, "look for something dramatic, something that would make somebody want to go into the park," she says. As an architect, Kiner brings a strong structural presence to the three parks he has designed by using built forms to delineate space. To date, all of the existing parks rely on architectural forms —columns, gazebos, bridges, and buildings —to provide strong identity and drama. The parks are gener- ally less than two acres, and many are much smaller but are mandated to have a All of the existing parks rely on architectural forms —columns, gazebos, bridges, and buildings —to provide strong identity and drama. loud voice. They are the mice that roar. Do they succeed? Purely from a design sense (if design can be considered in a vacuum), some fall short. The parks in San Diego, Phoenix, and Rancho Mirage are articu- late and dynamic spaces. The Bakersfield park is much less so. Lacking a sense of movement, it can be comprehended by visitors before they actually enter the space. The Bakersfield park proves that placing all the elements on the site can be accomplished within a mundane design. However, in the large scheme of the cancer survivors parks, Bakersfield seems to be an exception rather than a rule. The Bakers- field park's planting design could also be better. The plant palette relies on tradi- tional species, such as gardenia, which are limping along in a state of chlorotic paral- ysis. The other parks are more successful in this regard. Plants have a long-standing place in healing, as herbal remedies and for creat- ing living, changing, and restorative places. Roger Ulrich and others have pro- vided sound research supporting the heal- ing qualities of plants, so the planting designs could do more than provide deco- ration within the parks. The park in Rancho FEBRUARY 2003 1 87 1 Landscape Architecture CIRCLE 085 ON READER SERVICE CARD 36 EYE SiRM, NW, WASNIN610N, 0C, 29001-3136 JU99.2444 • FAX 202-090-1105 •WWW �SIA.OR� CIRCLE 130 ON READER SERVICE CARD CIRCLE 109 ON READER SERVICE CARD Prescription for Healing Mirage uses plants and the natural terrain to create a sense of escape to a secluded garden filled with the melody of a water- fall, despite its location on a thorough- fare. The Phoenix park includes regional plants, such as saguaro cactus, ironwood trees, ocotillo, and desert milkweed, that attract wildlife and give the park a sense of fit. Those with a little knowledge of Greek mythology can also appreciate the use of the milkweed (Asclepius subulata). Not only does the species lure butterflies, the genus is named after Aesclepius, son of Apollo and god of healing. The park is thick with this wispy shrub. Each year the stigma of cancer fades as more and better treatments are intro- duced. Once considered equivalent to a The cancer survivors parks have contributed to spreading the word that cancer can be survived. death sentence, in many cases cancer is now curable. The cancer survivors parks have contributed to spreading the word that cancer can be survived. And the work goes on. "We'll just continue building them as long as people keep contacting the Foundation," says Vangie Rich. Land- scape architects could do more in this park -making endeavor and, in turn, help the profession participate more fully in healing the human condition. LA Rebecca Fish Ewan is an assistant professor of landscape architecture at Arizona State University in Tempe. In 2001, from the steps of the first Richard and Annette Bloch Cancer Survivors Park in Kansas City, her father, Peter Fish, began a 1,300-mile solo run to raise awareness and funds for fight- ing cancer, specifically sarcoma. Her sister, Katie, was diagnosed with letomyosarcoma in 1999 and is now three years clear of the cancer. RESOURCES R. A. Bloch Cancer Foundation, Inc.; 4400 Main Street, Kansas City, Missouri 64111; 816-932-8453; 800-433-0464; www.bloch cancer org. 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