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Home My WebLink About2004.0415.TCRM.PacketREVISED IN A; �u' NOTICE OF REGULAR SESSION o � ao o OF THE 4 Esc l9� 4� FOUNTAIN HILLS TOWN COUNCIL that is Aim Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, APRIL 15, 2004 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL.T©'pRDER A)Sp PT.10 d"LLEGIANCE- Nlic�Al • INVUC'IQ� x-'Cfi�?R�he • RQLTI��L F� Ma�"r�r � viols E:\ClerkWGENDAS\REGULAR\2004\Regular Session 4-15-04.doe Page 1 of 2 last printed 4/14/2004 1:44 PM REVISED CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the COUNCIL MEETING MINUTES of 4/1/04. *2.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Vu Terrace Caf6 located at 14815 E. Shea Boulevard. The application is for a Class 12 license. *3.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Pisa Pizza located at 16650 Palisades Boulevard. The application is for a Class 12 license. *4.) CONSIDERATION of approving the TRAFFIC SIGNAL BID in the amount of $143,054.37 and awarding the contract to Kimbrell Electric. *5.) CONSIDERATION of the PRELIMINARY AND FINAL AMENDED PLAT for "Four Peaks Plaza", a re -subdivision of Lots 1 & 2 of the Final Plat for "Four Peaks Plaza". Case #S2003- 16. *6.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Brunswick Gardens Condominiums", a two -unit condominium declaration or an existing duplex located at 14033 N. Brunswick Dr., aka Plat 104, Block 2, Lot 30, Case #S2004-03. *7.) CONSIDERATION of RESOLUTION 2004-23 abandoning whatever right, title or interest the Town of Fountain Hills has in the "Final Replat of Lots 31 & 32", a lot join of lots 31 & 32, Final Plat 513. Case #S2004-06. 5 min *8.) CONSIDERATION of changing the STREET NAME "Stewart Vista Avenue" to the "Paul Nordin Parkway". REGULAR AGENDA 30 min 9.) CONSIDERATION of approving a contract with Maximus, Inc. for strategic planning services in the amount of $104,678. 10.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths 5 min and weaknesses and discuss possible improvements for future meetings. 11.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: 10 min A. Mayor Nichols: Placing the initiation a text amendment to the Town Code regarding Pari-Mutuel Betting on a,future a enda or action. 5 min 12.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 7:30 p.m. 13.) ADJOURNMENT. DATED this 14' day of April, 2004 - -13'evelyn J. Wrider, wn erk The Town of Fountain Hills endeavors to make all public meetings ac essible to persons with disabilities. Please call 837-2003 (voice) or 1- S00-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda 1`.nformation in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\ClerkWGENDAS\REGULAR\2004\Regular Session 4-15-04.doc Page 2 of 2 Last printed 4/14/2004 1:44 PM Page 1 of 1 Bender, Bev From: Lacey, Denise wit: Tuesday, April 13, 2004 2:27 PM To: Bender, Bev Cc: Bosley, Molly; Ward, Tom; Pickering, Tim; McGuire, Andrew Subject: Villas at McDowell Mountain Bev: I received a letter from the Villas at McDowell Mountain applicant (GPA & Rezone scheduled for 4/15/04 Town Council meeting) requesting that their application be withdrawn (permanently). I will forward a copy of the letter for your files. If you have any questions please let me know. Denise Lacey Planner Town of Fountain Hills 480-816-5184 4/13/2004 rPP-13-2004 TUE 01:41 PIYI 143 JROUP LLC 2400941006E P. 000, 000 I April 13, 2004 Ms. Denise J. Lacey Town of Fountain Hills 16836 E. Palisades Blvd. P.O. Box 17958 Fountain Hills, AZ 85269 IVB GliOU P Via Facsimile Re: The Villas at McDowell Mountain; Case GPA 2003-01 and Z 2003-10 Dear Denise: On behalf of PCK SunRidge, L.L.C., the proposed developer of The Villas at McDowell Mountain community subject to Case GPA 2003-01 and Z 2003-10, please accept this letter as our formal request to withdraw both referenced applications from further consideration by the Town of Fountain Hills, We thank you for your time and effort on behalf of these applications. Sincerely, wt� - Marie D. Borushko MB Group, L.L.C. Cc: David Kline, PCK SunRidge, L.L.C. MB Group, L.L.C. 4300 N. Miller Road • Suite 240 - Scottsdale, Arizona 65251 • Tel. 480-941-1444 - Fax 480-946-0266 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4-15-04 Submitting Department: Admin Contact Person: Bender Consent:® Regular:[:] Requesting Action:® Report Only:❑ Tvne of Document`Needin2 Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: draft minutes Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community Development Regular Agenda Wordti * 1.) CONSIDERATION of approving the COUNCIL MEETING MINUTES of 4/ 1 /04. Staff Recommendations: 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 the 4/l/04 Council meeting. Type(s) of Presentation: None Signatures of Submitting Staff: t—Ks Department H Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) 05 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/15/04 Submitting Department: Public Works Contact Person: Tom Ward Consent:® Regular:❑ 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: Council jriority,_LCheck Appropriate Areas): ❑ Education ❑ Public Fitness Z 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 the liquor license application submitted by Heidi Hake for Vu Terrace Cafe located at 14815 E. Shea Blvd., Suite 101. The application is for a new Class 12 (restaurant) license. 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 Maricopa County Sheriff's office 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, Sgt. Siemens memo and application front page Type(s) of Presentation: Consent Signatures of Submitting Staff: /0—zvosr,o� - De artment flea `-To1 Town Manager Budget Review (if item not budgeted or exceeds budget amount) U TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: March 22, 2004 FR: Tom Ward Director of Pu c ks RE: Vu Terrace Cafe Liquor License Application ri Heidi Hake is requesting Council approval of a new Class 12 liquor license for Vu Terrace Cafe located at 14815 E. Shea Blvd., Suite 101. 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' Maricopa County Sheriffs Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. Based on statutory' compliance and a favorable recommendation from the Maricopa County Sheriffs Office, staff recommends approval. bb Vu Terrace Cafe Liquor License Application.doc Page 1 of 1 ,%W MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward Director of Public Works Town of Fountain Hills Subject: Liquor License Application: Vu Terrace Cafe M. Memorandum From: Sergeant C. D. Siemens Assistant District Commander District 7, Fountain Hills Date: 3/19/04 I have reviewed the LLC Application for a New License for Vu Terrace Cafe (restaurant) that was made to the Arizona Department of Liquor Licenses and Control on March 11 of 2004 in accordance with ARS 4-202. 1 found no reason to contest this application. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL � 800 W Washington Sth Floor 400 W Congress #150Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 �� TOMNERSE .APPLICATION FOR L%@UOA LICENSE , MR MAR I 1 P 2: 51 1 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1,1997, All Owners Agents Partners, Stockholders, Officers, or Managers actively involved in the day to day operations 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. DO�- 6 O `t SECTION 1 This application is for a: � . ❑ INTERIM PERMIT Complete Section 5 NEW LICENSE Complete Sections 2, 3, 4,13,14,15,16,17 p C ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) 1, Complete Sections 2, 3, 4,11, 13, 15,16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4,12, 13,15,16,17 ❑ PROBATEIWILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, , ❑ GOVERNMENT Complete Sectto 3, 4,10, 13,15,16, 17 SECTION 2 Type of ownership: ❑ J.T.W.R.O.S. Complete Section 6 7-Ll— ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 p CORPORATION Complete Section 7 IMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 TRUST Complete Section 6 t❑ OTHER Explain q 4 S--O( II\\ rftn;:1A ):ui ] SECTION 3 Type of license and s �•, r LI RE #s' 1. Type of License: 1� . l Aached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.SI.44.6852) � �.3ECTION 4 Applicant: (All applicants must complete this section) 10 y �� 3-1 Ms. Il Ale- 1. Applicant/Agent'sName: Ms. (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: 3. Business Name: frA 1// L/-C (Exactly as it appears on Articles of Inc. or Articles of Org.) as it appears on the exterior of premises) (C)Q 4Z 4. Business Address: /��/s 'q L-V 0 S /a 4(�� (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: -/4�— 57a 90 Residence Phone: 6. Is the business located within the incorporated limits of the above city or town? DYES ONO 7. Mailing Address: f 'ti�'S SfiL i3L %U/ %O61X?7QQ1 City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY 0 Accepted by: Date Lic. # Fees: S Qb— Applicatlon Interim Permit Agent Change Club F. Prints O AL PROCESSING APPLICATIONS TAKES APPROXIMATELY 9U DAYS, AND CIRCUMY ANChS UYJ LN KESULr M A LU:NULK wAl r ilNu rwuuu. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. �.IC 0100 0512003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL o ems"" 400 W Congress #150 800 W Washington 5th Floom, _ Phoenix AZ 85007-2934 n �0� = . Tucs(n2AZ 85701-1352 (602) 542-5141'.. j" APPLICATION FOR I &t: LICENSE , 7Aflh KAQ 1 l ED 9', S 1 1 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners Agents Partners, Stockholders, Officers, or Managers actively involved in the day to day operations 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. —546-0 N SECTION 1 This application is for a: SECTION 2 Type of ownership: 4�0" 4 -S -Oy ❑ INTERIM PERMIT Complete Section 5 . NEW LICENSE Complete Sections 2, 3, 4,13,14,15,169 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) 1 Complete Sections 2, 3, 4,11, 13,159 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, ❑ GOVERNMENT Complete Sectio , 3, 4,10,13,15,16, 17 SECTION 3 Type of license and s: ,; r}h; LI h ❑ J.T.W.R.O.S. Complete Section 6 - ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 p CORPORATION Complete Section 7 �IMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 P TRUST Complete Section 6 P OTHER Explain el-f S--O> 1. Type of License: t� d4tached: $ APPLICA TION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) �wECTION 4 Applicant: (All applicants must complete this section) \o a Ms. f/,4�� 1. ApplicandAgent'sName: Ms. (Insert one name ONLY to appear on license) Last First p Middle 2. Corp./Parinership/L.L.C.: /, �✓4 W L 4 C' � l Oa %l e (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: as it appears on the exterior of premises) 4. Business Address: kelPS sl-le'9 6L-U0 /0 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: LI6- Sa 90 Residence Phone: 6. Is the business located within the incorporated limits of the above city or town? fflYES ONO 7. Mailing Address: %=O61X'7L- /-//�� Z �.�Z�� City state Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: N1 Date Lic. # Fees: �w— S ��— Applicatton Interim Permit Agent Change Club F. Prints"TOTAL PROCESSING APPLICATIONS TADS APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER wAIIING YLRIOU. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. ,C 0100 05n003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently/at the location. O % d 7 G a S� 4. Is the license currently in use? 0 YES 11 NO If no, how long has it been out of use? ATTACH THE LIC I, PARTNER, STOCKE X a JSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. i declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) ER OR LICENSEE of the stated license and location. (Signature) My comm5ssioq`expires on: l `at I-- Z--9W SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101 "; 1. Individual: State of ACIZe)AM County of The foregoing instrument was acknowledged before me this lk �-w "1 24ey q Day Month n /� , Year (Signature PEGGY L. DEIN Notory Public - ArlZono Moricopo County Comm. Expires Dec 19, 2006 CANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. Last // GG First (' ,Middle % Owned Residence Address City State Zip ,r=Dl/•�T�/�U /l�s �{z �S7-G Partnership Name: (Only the first partner listed will appear on license) General -Limited last First middle, a/ ( 1—A R—;'i— Artri—. r:.., Q— 7:,. n n of ❑ ❑ o/ ❑ ❑ o, ❑ ❑ o, (Al 1AUH AUL)MUNAL bHthl It NbUbbJAKY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES L17 NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address City State 1 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. 161 L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement 1. Name of Corporation/L.L.C.: LfJ4 V11 LLC I iouO'R i iCENSE (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: 6 (f— ,2-0 —e.-'2— State where Incorporated/Qrmem R14 � I 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C. File No: L /� ��4 �0 3 G Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES NO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: c:..., NA;AAIP Titip Residence Address City State Zio F�/UuT,9 pit/ ff �G� S/ /1-Z S762 G F (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: °/ n..,..e,i Aa;APnrP AAAr Cm, State 7in % (ATTACH ADDITIONAL NHEE1 JF NL'I:ENNAKY) 8. 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: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101 ", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter or Bylaws) 2. is club non-profit? ❑ YES ❑ NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter or Bylaws)) Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv, Agent, etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: 6. Current Mailing Address (other than business): License Number: Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. 1, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER., (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. (Signature of CURRENT LICENSEE) My commission expires on: E State of County of The foregoing instrument was acknowledged before me this Day Month Year (Signature ofNOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS C "RATE TfflWCtMffFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and'4ddrress: (Exactly as it appears on licensp)M , 1 1 0(D2ew Business Name and Address:o not use PO Box Number) w_ 3. License Type: / License Number: Last Renewal Date: `l 4. What date do you plan to move? What date do you plan SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: -t Name/Address of school: (Regardless of distance) 2. Distance to nearest church: �-ft. Name/Address of church: (Regardless of distance) &/s S/oit/ 14oA/7 E5S62/ /i►/TMISD SSEeT IS'T. ,9,1(�41,'s U2C,! s25� E flIZ4 , SCO�l'Sl AG 3. I am the: RrLESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: ��✓�� % /10_W_A 4 &12 t/ /6 ';W S4 Z k5_0;Z o 4a. Monthly rental/lease rate $ �S 0 O What is the remaining length of the lease? A Yrs mos. 4b. What is the penalty if the lease is not fulfilled? $ or other ��GGOs� O/i/ %q(/5/i1/c` S S (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ � 30 coo • 06 Does any one creditor represent more than 10% of that sum? DYES ❑ NO If yes, list below. Total must equal 100%. va..:aa..,.- AAA- r;t. Qtatn 7;n C/S Cf�f_/t S�i/,CAL!'_-e1e1A1A1E 10D /S3o% "goCK A4&� 14Z (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC)£ 14'14/6— /9A2 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES C'NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? DYES LC1 NO 9. Is the premises currently licensed with a liquor license? ZYES ❑ NO If yes, give license number and licensee's name: O%O%Oysff h sA VU LLG (License #) (Exactly as it appears on License) 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? (YES ❑ NO If yes, give licensee's name: 11411ei✓ /d/ tS 6/61 and license #: D707d.2-Se Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? O YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: ❑ Entrances/Exits 12rLiquor storage areas ❑ Drive-in windows 9 Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. S-iE, F_MCz_0Su2& 9 YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 0 , 1 111waII 'mmw,! I!A SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. G/Z ws 2. 3. Gee/GL /� T �� G� MT 4. SO!/ZEWE"97— /Nn/ U,. z 9. J CL — 10. O � 11. — 0 0 12. cl� 13 14. 15 (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. I Plll> / �5'0- E- , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), malting (Print name of APPLICANT/AGENT listed in Section 4 Question 1) this 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 injiyre any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, h aninterest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief, none of t2� f►ers, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. j X (Signature) My com ssion expires on: /�' 02 6 PEGGY L. DEIN Notary Public - Arizona Maricopa County My Comm. Expires Dec 19, 2006 State of County of /-;' CO/W The foregoing instrnnent was acknowledged before me this Day Month Year c (Si of OTARY PUBLIC) SAMPLE GEOGRAPHICAIL DATA In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1%2.miie radius of your proposed location.(See example below) A = Applicant Series 12 O1 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School "12 Mi . 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: '-� Mi . A. No retailers license shall be issued for any premises which are. at the B. time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of g elve (12) . C. or within three hundred(300) hori n t a 1 feet of a recreational area adjacent to suc sghd' . ci I 91 Eo O w L7 w ff LIQUOR LICENSE kk P 2 5� N.. 00 ""gy p-• �-+ N W 00 00 �-+ N E- 00 cn �q a Q� Y 00 oU:!L, .a v a H 0 u z z� �w 1. 2. 3. 4 5. 1.1 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ,.. 400 W Congress #150 Phoenix AZ 85007-2934 p Tucson AZ 85701-1352 (602) 542-5141 520 RESTAURANT OPERATION PLAN�4 LICENSE # 070 7 OZ S8 T .ict by Make Mnrlel and C:nnncity of vour Grill N�/I Oven N14 Freezer 6�0/4) 'Tf e Refrigerator �-� Cy Ty S R 5�0 B Sink oe 3 COY17 X ;L T S S — 3 -;L D) 02 �' LiAit/ D Dish Washing Facilities 4.� cAf�oR i �SEU Food Preparation �IcC1�LL �e P Counter (Dimensions) Other PIZZ4 v✓.5n1 4VA(C01-1/ /1,"191A16ER 1301 Print the name of your restaurant: ✓(f Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). List the seating capacity for: a. Restaurant area of your premises [ 3 O ] b. Bar area of your premises [ + /0 ] C. Total area of your premises What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 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). ❑ Yes % [�KNo — ADM — What percentage of our public remises is used ' aril for restaurant dinin 9 P g y P P P Y 91 (Does not include kitchen, bar, cocktail tables or g e area.);` iY7a-silurvi f;o' *Disabled individuals requiring special acco LiC0114 05/1999 8. Does your restaurant contain any games or television? C>' Yes ❑ No If yes, specify what types and how many of each type (Televisions, Pool tables, Video Games, Darts, etc). ON r` 1 fC—f—yl s/aA/ 9. Do you have live entertainment or dancing? (If yes, what type and how often?) G EI/Yes ❑ No 10. Use space below or attach a list of employee positions and their duties to fully staff your business. -SST CFfcF ,B(1/S 1P£29v/V !- 5A0 /O I'L 94AI S`TdCX �d1R/1T)P995'1 / l &S4,441, � ,S'E"i , u/grrP M5641 ':z 1�i 4 Al . '94P 6, ,yA,r/,,}Gj;,< S'f,2 (/£ O 4Sf ,Gig6(/7X1-, 1 /f��i 44-AIS,, ZZi9//ale /,Alas' (Print full n e) read this application and the ntei My hereby declare that I am the APPLICANT filing this application. I have and all statements true, correct and complete. State of County of The foregoQ instrument was acknowledged before me thil of"APPLICANT) day of—�MY Day of Month Month Year on:: �02- %q'_ a0o �o (Signature 3f NOTARY PUBLIC) li— —r 0 PEGGY L. DEIN ffNotary Public - Arizona Marlcopa County m. Expires Dec 19, 2006 0 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 (520) 628-6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS REOUIRED FOR AUI?b'FgIPIIVAOEAlE k4 4fL2 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. §4-205.02(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 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 01' 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Joumals/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 05/2003 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. §4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages 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. §4-210(A)7 AND A.R.S. §4-205.02(G). A.R.S. §4-210(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. §4-205.02(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, rint licensee name): Last First Middle have read and fully understand all aspects of this statement. State of IV14 County s` of Aa/r' /cof'A / , The foregoing instrument was acknowledged before me this X (signature of Licensee My commissioq'Expires on: ' (0 BOO Day Month Year l l PEGGY L. DEIN Notary Public - Arizona Moricopa County Comm. Expires Dec 19. 2006 l � day of 40 xw, , Day Month Year (Signa e OTARY PUBLIC) W ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602)542-5141 QUESTIONNAIRE ` (520)628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confident'y ligb@Kifb?d4tibbii m`ay be given to ,cal law enforcement agencies for the purpose of background checks only but must be blockW% be unreadable prior to posting or any public view. n j; SA 1 Read carefully. This instrument is a sworn document. T}' e or privetPense f tt�C An extensive invegicratioh of y9ur background will be conducted. False or mcomc answers could result in criminal prosecution and t e denial or subsequent revocation of a li or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), 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 DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Liquor License # Eff. 10/01/03 there is a $29.00 processing fee for each finaernrint card submitted. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) _ 1 1. Check appropriate box --b- 22 ame: _ 1-114isocr- Date of Birth: _ 1, .Z �- 6 -7 Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: -J `� `�l� l�"I 2�� Drivers License #: >0 �` 1 State: (This Will Not Become a Part of Public Records) f� � 4 . lace of Birth: '"(�� yyy xn �),\`;� ! fi f - S- � Height: �_ Weight: �J Eye � Hair: a" City state Country(notcounty) US4 5. Marital Status Single ❑ Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (if the lomfion is current]), Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions ex enf # 14, 14a & 25) Licensee or A vent must complete # 25 for a Manager Licensee or Al4ent must complete # 25 6. Name of Current or Most Recent Spouse: Date of Birth _ (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? AV2( 0AIfl If Arizona, date of residency: Telephone number to contact you during business hours for any questions regarding this document. C4:0 9. 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: `/t/ C-A- PL Premises Phone: (_A-0.) =6-6 � 11. Licensed Premises Address: /61F/15- (C- S6�E)5: /) W X/LS _ 7 S--6-2-4� Street Address (Do not use PO Box #) City County Zip 12. ist your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1 st. FROM Month/Year TO I Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) �A/� 0 3 CURRENT SAIrON �/I SPA_ C/aF� S�Ll= i��'S� pP HN 03 S D4L11 S'M- S LR S75 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 phone number of landlord City State Zip 1 U cl I CURRENT 1(t 1 rJ 5 o q I � ( Sic v _ l I`) iN IL(S 4 �s Ct2 16'Ic i mlti A�-' ' Will fia 2n hsahle individuals rcuwrma soecia accommodations please d�q; If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the �S ❑NO the licensed premises ? If you answered YES, how many hrs/day? /-�7 , 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 []NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only DYES \NO those that were alcohol and/or drug related i . 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bai4 imprisoned, had sentence DYES XO suspended, placed on probation or parole for violation 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 drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or DYES 1$1NO 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 ❑yESO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involved DYES NO fraud or misrepresentation of business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, DYES 1i0 or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 20 is "YES" YOUMUST attach a signed statement 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. 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, 41f-/ j.� / X 15161 F— ,' (Print full q4 a of Applicar I have read this X hereby declare that I am the APPLICANT filing this questionnaire. the contents and all statements are true, correct and complete. State of N12aN A County of MA{QZC1 0 e A The foregoing instrument was acknowledged before me this ✓ , - _day of 2 ` on '`-s--Year� My commission�xpires on: `Z OQ�p `— ay Month Year - (Signs Y 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): 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 day of (Signature of LICENSEE/AGENT) My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) PEGGY L. DE1N Notary Public - Arizona Maricopa County Comm. Expires Dec 19, 20()6 19 ARIZONA DEPAR 19841 800 W Washington 5th Floor Phoenix AZ 85007 (602) 542-5141 570 El Di 0 NAME OF THE LICENSEE Arizona Business OF LIQUOR LICENSES & CONTROL 400 W Congress #150 Tucson AZ 85701 (520) 628-6595 is TYPE OR PRINT MATH BLACK INK. • iL I \ 101twel BASIC [9 ON SALE 0 MANAGEMENT ® OFF SALE ® BOTH ❑ OTHER BUSINESS NAME 070762=�Cy LIQUOR LICENSE NUMBER it for Alcohol Education (ABC) Company or Individual Name 500 E st Thomas Road # 100 Phoenix, Arizona 1 85012 (602) 285-1396 city I Certify the above named State Phone has successfully completed the specified program(s). T. J. Kuhn (4 t o eL03 Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses Is required at the Issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will Include all of the following owner(s), Bcensee/agent or managers) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. •oof of attendance within the last five years for the required co ram must be submitted to the Department before the license aWlIcation is considered implete. Before acceptance of a Managers Questionnaire and/or Agent hang, for an existing license. proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be rsqulr . LIQ 1021 01M Disabled individuals requiring special accommodations please call (602) 542-9051 - IYA , .-aal . • ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 AFFIDAVIT OF POSTING 400 W Congress #150 Tucson AZ 85701-1352 (520) 628-6595 Date of Posting: 3-1 6— 0 4 Date of Posting Removal: 4-5-04 Applicant Name: —lake Heidi S Last First Middle Business Address: 14815 E. Shea Blvd., Ste. 101 Fountain Hills, AZ 9r,268 Street city Zip License #: 12075819 I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Print Name of City/County Official Title Signature Telephone # 4-15-04 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 Uc0119 062003 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 (520) 628-6595 LOCALGOVERNING BODY RECOMMENDATION ($(/TOWN OF Fountain Hi 1 1 s STATE APPLICATION NO. 12075819 COUNTY OF Maricoj2a , ARIZONA. gkTXY/TOWN/QQQ} k_� NO. 121 ORDER NO At a Regular meeting of the _ Town counci i of theQty/TownF,)pgft (Regular cKx5pe)p(Governing Body) Of Fountain Hi i i s held on the Its day of Apri i 2An the (Day of Month) (Month) (Year) Application of uPi ji Hake for a license to sell spirituous liquors at the premises described in Application No. 1 *? n 7 5 219 License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Heidi Hake is hereby recommended for approval (approval /§fiaappsn4rk � a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT This %f day of (Day of month) (Month) (Year) ' Disabled individuals requiring special accommodations please call the Department k 1007 0811997 Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 4/15/04 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needine 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: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness Z 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 the liquor license application submitted by Pisa Pizza located at 16650 E. Palisades Blvd. The application is for a Class 12 (restaurant) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the MCSO. 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: Ward memo, MCSO memo, application front page Tvpe(s) of Presentation: Sil4natures of Submittinlz Staff: DeAtment ead 7 C,/ 4 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: March 25, 2004 FR: Tom Ward RE: Pisa Pizza Director ub 'c Works Liquor License Application Atli Gorenca is requesting Council approval of a new Class 12 liquor license for Pisa Pizza located at 16650 E. Palisades Blvd. 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 ,,ales be incidental to the food service. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicant is an Arizona resident and has no outstanding wants or warrants. The applicant has a Fountain Hills business license on file. Based. on statutory compliance and a favorable recommendation from the I CSO, staff recommends approval. M \\earth\BBrannon\Liquor Licenses\Staff Memos\Pisa Pizza Liquor License Application.doc Page 1 of 1 MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To: Tom Ward From: Galen Reifschneider #960 Director of Public Works Special Events Coordinator Fountain Hills District 7/ Fountain Hills Subject: Liquor License — Pisa Pizza I Date: March 24, 2004 The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Pisa Pizza located at 16650 E. Palisades Blvd. Fountain Hills, AZ. 85268. Background Investigation: This application is for an existing Class 12 liquor license under the specifications 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. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. The applicant, Alti Gorenca is an Arizona resident under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for this party. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 0.0 5/27/98) 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 IUOR LICENSE (520) 628-6595 APPLICATION FO1ffi( t,W78S4Q TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1,1997, All Owners. Agents, Partners, Stockholders. Officers. or Managers actively involved in the day to day operations 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. 3 3�y SECTION 1 This application is fora:- SECTION 2 Type of ownership: �wti � -« � rQ- 44 - fS-ri�i 11,iNTERIM PERMIT Complete Section 5 W LICENSE Complete Sections 2, 3, 4, 13,14, IS, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11,13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9,13,15,17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4,10,13,15,16,17 ❑ T T.W.R.O.S. Complete Section 6 INDIVIDUAL Complete Section 6 C❑ ARTNERSHIP Complete Section 6 ORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: 1. Type of License: k { / 2. Total fees attached: $ APPLICATION FEE AND INTERIM PE&IIIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. 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) at1. Applicant/Agent's Name: Ms. Q— / (Insen one name ONLY to appear on license) Last Fast Middle 2. Corp./Partnership/L.L.C.: `�dl"�l'�GrQ �� S -r-Y'qr (Exactly as it appears on Articles of Inc. cr Articles of Org.) D 3. Business Name: r LSQ A/ 2: 2� a — (Exactly as it appears on the exterior of premises) 4. Business Address: 1 vd° rDUY)7�in 4A A I' (Do not use PO Box Number) City COUNTY Y Tap Business Phone: ( �!? — 75*-� 0 (/ Residence Phone: E3 6 V1o2 7_ 6. Is the business located withhiin^ the incorated limits of the above city r town? VYES ONO 7. Mailing Address: �. 7 pa j �.�z ��, �� II d U 17 " A l'`l 11 � J City state Tap 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) Accepted by: a - Fees: ./ 0 Application Interim Permit DEPARTMENT USE ONLY Date: % Agent Change Club Lc. # � a� $ 67-0-� F. Prints TOTAL PROCESSING APPLICATIONS TADS APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL. APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 112000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 PRE' Tucson AZ 85701-1352 (602) 542-5141 NNF. UOR LICENSE (520) 628-6595 � G� APPLICATION FOR1A&bt&IAE?8S4Q TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1,1997, All Owners Agents Partners Stockholders, Officers, or Managers actively involved in the day to day oaerations 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. - 3 SECTION 1 This application is for a: ;9- SECTION 2 Type of ownership: Dwti- T-(L -/ - IS-6q ❑ ERIM PERMIT Complete Section 5 W LICENSE Complete Sections 2, 3, 4, 13,14,15,16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4,11, 13, 15, 16,17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13,15,16,17 ❑ PROBATE(WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13,15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4,10,13,15,16, 17 ❑ i T.W.R.O.S. Complete Section 6 INDIVIDUAL Complete Section 6 ARTNERSHIP Complete Section 6 k ORPORATION Complete Section 7 LINIITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: % Def::= 0 1. Type of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for cll dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Otl1. Applicant/Agent's Name: Ms. Q r' — / (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: r D L .6, T l 2� a— - (Exactly as it appears on the exterior of premises) 4. Business Address: 1v4, F1quY)-ibin Pllk Art (Do not use PO Box Nu mber) City COUNTY Y Zip 5. Business Phone: fW1 36 ' -/50 0 Residence Phone: (-!!& 99 1� V-12 % 6. Is the business located within the 7. Mailing Address: limits of the above city or town? YES ONO 8. Enter the amount paid for a 06, 07, or 09 license: $ Accepted by: Fees: %0 Application Interim Permit City (Price of License ONLY) DEPARTNIENT USE ONLY Date: 9ze Agent Change Club 27 6?sz 6 F State Zip Lic. # a $� F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTAly ES ON'1'L UZUL r UN A LUINUER W Al iuvu rhMUM YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 un000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTIONS Interim Permit: 1. If you intend to operate business while your application is pending you wil�rrd&an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently iissRAJOE to�,tion. 3. Enter the license number currently at the location. �4 MA10) D°�t 4. Is the license currently in use? ❑ YES ❑ NO If no, how long has it been out of uses? 8' Ujo , ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, , declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location. I have read this application and the contents and all statements are true, correct and complete. (Signaase) My commission expires on: SECTION 6 Individual or Partnership Owners: State of County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year (Signature of NOTARY PUBLIC) EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101 ", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual: 9 ast First Middle % Owned Residence Address City State Zip Partnership Name: (Only the first partner listed will appear on license) General -Limited TA¢t F,r.qt M;drilr (lv r,rvi Rv ;ri� AM— r;. , c...,e 7;., ❑ ❑ ❑ ❑ % ❑ ❑ % ❑ ❑ % 1A11'ArH ADD1110NAL SHOT IF NhUhSSAKY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES NO 041 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APQL f"bL PE �Q�EgP11f CARD, AND $24 FEE FOR EACH CARD. CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. C C ❑ L.L.C. Complete questions I, 2, 4, 5, AjaFl Vf# cogy o4f4jj�#es of Org, and Operation Agreement. Name of Corporation/L.L.C.: H . ( -, - (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Inc orporated/Organized: 0 _ State where Incorporated/Organized: I- 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: v � 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES _ �10 If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: .L.C.: Last First Wimp 77r1P AM— !,:-. c._._ -n_ -74'a DeLord �il ? f 2W (ATTACH ADDITIONAL SHEET IF NECESSARY) List stockholders or controlling members owning 10% or more: Last First Middle q n..,,,...i u—M.— eAri— r:... c._._ — z6 kA11Al.ri AUL111V1`IALJritt1 it 1VrLt 3AKt) 8. 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: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "UCO101 ", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. Name of Club: (Exactly as it appears on Club Charter) Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number. . List officer and directors: Last Fust Middle Date Chartered: Residence Address (ATTACH ADDITIONAL SHEET IF NECESSARY) (Attach a copy of Club Charter) SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last ust Middle 3. License Type: License Number: �gQ�� pp Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPIP00A I�__��Q MsL WO TE DISTRIBUTION INSTRUMENT, OR DIVORC DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last Last Fast First Middle Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation/L.L.C. Name: 3. Current Business Name: 4. Current Business Address: 5. License Type Last (Exactly as it appears on license) (Exactly as it appears on license) License Number. 6. Current Mailing Address (other than business): First Middle Entity: (Mv., Agent, etc.) Last Renewal Date: 9 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, , declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true, correct and complete. (Signature of CURRENT LICENSEE) My commission expires on: 51 State of County of The foregoing instrument was acknowledged before me this day of Day of Month Meth Year V) (Signanus of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 Current Business Name and Address: vxaaly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number. SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school 'M J ft. (Regardless of distance) 2. Distance to nearest church: ?0 ft. (Regardless of distance) 3 I am the: XLEssEE Ll otjCja CIC' Last Renewal Date: What date do you plan to open? Name/Address of school: Name/Address of church: ❑ SUBLESSEE ❑ OWNER I'QUn Its Mph Cc�o�l l6000 A klmalFl 1p /s _'Al ❑ PURCHASER (of premises) 0_>'--60p 47 If the premisL-n' is leased give lessors name and address: A� � )) , L L C_ P' C oy 1?)630 -1;coft6elo�� -2� 9527 4a. Monthly rentalAease rate $ —7 Z . What is the remaining length of the lease? _ yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ m e or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ e Does any one creditor represent more than 10% of that sum? ❑ YES �NO If yes, list below. Total must equal 100%. Est Fn't Middle % Owed Residence Address City Stare (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) � es-h U Y' � Al 2 7 . Has a Hce e, 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, attach explanation. F ')oes any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑Y&XNO 97 Ts the premises currently licensed with a liquor license? El YES X NO If yes, give license number and licensee's name: License # (Fxactly as it appears on license) Name 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel license at the proposed location? ❑ YE NO If yes, give licensee's name: d license #: Last Fast MidcIle 2. If the answer to Question I is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this ap�li�,��,grk ��,�cc 3. All restaurant applicants must complete a Restaurant Operation Plan�Forlii';`1(. E4) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross reveW bq f omAoocj.$a�es��. YES El NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) Check ALL boxes at apply to your licensed premises: Entrances/Exits Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. YOU MUST NOTIFY THEAPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCF" EXITS, OR SERVICE WINNOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 9 0 KITCHEN N Ip II 12 d7l ti 13 14 u 17 z Q O 0 -rrPE z - 4 Pfi —H S" RISER 4)\ r ,ROOM 34" CcuN-reR 42" couNTER FoR NANDiCAPPED MEN I Lid 61-8"`.4 _ FOYER I1 WOMEN.. t I`I'-11" DINING ROOM Q SEE SUITE 100 FLOOR PLAN SCALE 1/4" COVERED WA SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituh,1n,ott]eCEwis a one'half mile radius of your proposed location. 2. U1 i I WVIuO TO P 3. 6 rk 6-Y ►'1% 4. 0 eU/ 5. - 0 Jvl2r,`' 6. W 7. 1- 8. 9. 14. 15. ' "rTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: I, A f I ) (YoremLa, , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANTIAGENT listed in Section 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 owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. /� y�f�Lj State of 2e/Acounty of 7 /Q d� X �C � 'L'>`/c�The foregoing instrument was acknowledged before me this % q day of c9 —0 0� OFFICIAL SEAL JUANITA A. ESPARZA Day of Month Month Year NOTARY PUBLIGARIZONA MARICOPA COUNTY My commission expires on: �ni1661on Ju" �' 2� (Si NOTARY PUBLIC) 7 SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches,1�6�s��G? lcoholic beverage outlets within a 1/2 mile radius of your proposed,lopatiV ( See example below) 2004 MAR' 9 A 8: 4p A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 10 11 St. Anthonys Church St. Anthonys School Burbank Middle School Mi. 12 First United Baptist Church 13 1 15 A.R.S. Section 4-207.A reads as follows: '/ Mi . Mi. N i Y2 Mi. •A10 A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. 9 1.1 1 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor _ 400 W Congress #150 Phoenix AZ 85007-2934 L10 Tucson AZ 85701-1352 (602) 542-5141 y SE (520) 628-6595 M� o , F+ d- 4 p RESTAURANT OPERATION PLAN LICENSE # I �P—Q%S - (�J T ;ter 1— AXf 1-AAA-1 inrl ("nnnr-itcr of ynnt . Grill Oven Freezer Refrigerator Sink Dish Washing Facilities Food Preparation Counter (Dimensions) Other 2. Print the name of your restaurant: /h S A `2 ?A 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 [ v ] b. Bar area of your premises [ + 0 l C. Total area of your premises 5. What type of dinnerware and utensils are utilized within your restaurant? ❑ Reusable / Disposable 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). ❑ Yes % ,K No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) "7 O % *Disabled individuals requiring special accommodations, please call the Department Iic0114 05/1999 8. Does your restaurant Contain any games or television? ❑ Ye No (If yes, what types and how many? Pool tables, Vide Games, Darts, etc.) �� IQUQR LICENSE 8- 4 0 9. Do you have live entertainment or dancing? O Yes <No (If yes, what type and how often?) 10 Use space below or attach a list of employee positions and their duties to fully staff your business. 7-- 2 2� Z. I, / / H, (rt2 , hereby declare that I am the APPLICANT filing this application. I have (Print full name) read theis application and the contents and all statements true, correct and complete. //j%% State of 9County of r / � X The foregoing instrument was acknowledged before me this (Signature of APPLICANT) 19 day of oss�FFIaA sF� Da Q-- of Month Month JUANITA A. ESPARZA Year NOTARY PUBIJGARIZONA MARIGOPA u My commission expires on:: � �°^"""''°" Si tore of NOTARY PUBLIC) 2 EQUIPMENT KEY 1. C 1 C UCR C 1 CEPS CASH REGISTER E 2• I�EMAKER &DRINK 1co4 AIAR DISPENSER! A s'� 3• SANDWICH TABLE 4• PIZZA TABLE 5. PIZZA OVEN 6• UPRIGHT FREEZER 7. MINCER 8• WORK TABLE 9. WALK-IN, REFRIGERATOR 10. HAND SINK.,. 11. SERVICE SINK 12. TWO COMPARTMENT SINK 13. GAS HOTPLATE 14. GAS FRYR;;' 15. GAS 16 GAS ,.,,ia • : RANG ,.`. �% 17. POWERPDxEXHAUST MOOD 18. GRAM WAUST HOOD K 3// 9/Vs/ ATLI GORNCA DBA PISA PIZZA LIQUOR LICENSE 1004 MAR 19 ,q 8: 40 Pisa Pizza will be a restaurant/pizza serving Italian Food and other specialties. Based on the current projections we estimate that the food sales will be 90% of the total revenue and the other 10% will be from sale of beer wine and soda. There will not be any games or game room in our premises; we will not have music, dancing or any other entertainments. The operating hours will be 10.30 am to 10.00 Monday through Thursday, 10.30 am to 11.00 pm on Friday and Saturday and 12.00 noon to 10.00 pm on Sunday. We will comply with all the liquor law rules; no alcohol beverages will be sold or served to minor. As we project currently, in the beginning will have three individuals working, a cook and two servers, all are family members. as the business grows additional staff will be hired. 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M ai m n n . m -ii m D N N _ _ m ter- n- +ir • � c c mm . . . m NwA-A, N m m m . m m . . . . . . . y . . . . . . O O O O Wm ^' .ir .ir .ir .w.• �•- .ur .ur �'" �r .ir �•" .n- .ur .0p W tN �to ; r r nm r r 6 _j N n6 rN ^O n4 w Lq ,r i v 00 0 0 0 �OwwwO O O W q O n 0 0 .,rn 0 w w N 0 0 0 0 0 0 0 0 tll to too 0 0 0 0 rn 0 to w 0 0 N 0 0 0 0 0 0 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 y. LIQUOR LICENSE (520) 628-6595 HOTEL -MOTEL AND RESTAURA IP fttgljS R� RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 tc1SES 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: 5 1. -All invoices and'Yeceipts 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 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. 4-119) LIQUOR L� day' C. Employee time cards (actual document used to sign in and out y D. Payroll records for all employe, showing hours work�edM li Siee� aid 4Virly wages 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): It-em &It2.- � l Last First Middle have read and fully understand all aspects of this statement. State of Oli1 County of wez_ The foregoing instrument was acknowledged before me this X day of `� A (Signature of Licensee/Agent) Day of Month Month Year OFFICIAL "6AL JUANITA A. ESPARZA NOTARY PUBl1GARIZONA My commission Expires o NARI. ACOUP D '_'°° Year (ignature of NOTARY PUBLIC) muzooiA DEP.us:rivLENT OF I.IQUOR LICENSES & CONTROL 800 W Washingtun 5di Fluor y j Phoenix AZ 35007 ?934 (602) 542-5L41 QUESTIONNA)q Attention all Local Governing Bodies: Social Security and Birthdate InTdr"VA (s.% n local law enforcement agencies for the purpose of background checks only but must be or any publiA84*11P ► n Rearl Carefully , thhis instEkgo�nct,,jill ent is a sworn document. Typ p An e.�ctensiye myesti� tion of ypur be conducted. False or i ain crimrril`prosecution teniaor subsequent revocation oa 400 W Cunoress C50 Tucson AZ 3570L-135- ` (520) 623-6595 tial. This information may b 'ven to ked to be unreadable prior to p sting :h black ink answers, could result or perrrut. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORiM 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 DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each tini;erprint card submitted. Liquor License # 2� A service fee or s,_7s.00 will be charged for all dishonored checks (A.R.S. 41.6852) ( U the locatioa is currently licensed) 1. Check ❑Owner ❑Partner f gStockholder ❑lvlember4Otlicer Agent ❑ Manager(Only) appropriate ❑ Other ,/ (Complete Questions 1-20 A 24) Complete All Questions except # 14, 14a & 25) box-4- Licensee or Aaent must complete # 25 for a Mana-,er Licensee or AR en�t1must complete # 25 2. Name: _ (� �^elyi aq (v - �/ Date of Birth: 7 �Z Last First Middle (This Will Not Become a Part of Public Records) 3 .7Il Social Security Number: l�©�J (�� p`e Drivers License #: 61 a3 fy/?77aState: (This Will Not Become a Part of Public Records) p 4 . Place of Birth: j' e ///�� Height: 5O�'"Weight: � Eyes: Hair: rJr i City State Country (not county) 5. Marital Status ❑ Single Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (�)- C 6. Name of Current or Most Recent Spouse: �j�' ri r �_ 5k1, d7n X ,yeY7� 6Z Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last . First Middle Maiden L� 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. (t!�[ )i 7rP C2 9. 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: 11. Licensed Premises Address: Premises Phone: (4Q000 7J'00 Street Address (Do not use PO Box l) City County Y Zip 12. List Your emolovment or tvoe of business during the oast five (5) Years. if unemnloved oart of the time. list those dates: List most recent 1st. FROM Mouth/Year TO Mondh/Year DESCRIBE POSITION OR BUSINESS ErvPLOYER'S NANIE OR NAME OF BUSINESS (Give street address, city, state & zip) Cr oar cOwa� Y � nsc s Z i99 a oo O,➢ . �� r/or ' uI �l �. a c,2 /s , P � ,� r-v7(/ f F102 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate Your residence address for the last five (5) vears- 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 0D CURRENT dlUZ 73J 1162- LIC 1 _ ahled individuaLq remunnp snecini acrnmmo ntmns o ease cn,42-9027 If you checked the 11'lall'u"er box on the front ol" this form skip to i/ 15 14.As an Owner, Arent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES t\(0 the licensed premises ? If you answered YES, how many hrs/day?, answer !#14a below. if NO, skip to /#15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? Qvlust provide proof) YES ❑ NO If the answer to /# 14a is "NO", course must he completed before issuance of a new license or approval on an e i�Cstinl license. 15. Have you EVER been detained, cited, arrested, indict'e'ciglusihtirtnjlg�Nt§�ourt for violation of ANY law or ❑ YES ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drumsg. related. Z004 MAR 19 A 8= 40 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned had sentence ❑ YES/4vO. suspended, placed on probation or parole for violation 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 dntz related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or 0-YESNONO summonses PENDING against you or ANY entity ai 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 ❑ YESXvO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked suspended or lined in this or any other state? 19. Has anyone EVER fled suit or obtained a iud ment against you in a civil action, the subject of which ❑ YE0 involved fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, me, director, or manager on any other l uor license in this or any other state? P, YES G NO If any ansiver to Questions 15 through 20 is "YES" YOO MUST attach a signed statement 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 Man 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES [ 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? S per month. Total debt to licensee S 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..1, °' -/ J �r r �/l/) Cam- , hereby declare that I am the APPLICANT filing this questionnaire. (Print Cull, name of Applicant) I have read this questionnaire and. the contents and all statements are true, correct and com fete. c State of eZ0B&GCounty of 0-,e% C,0 4 X The foregoing instrument was acknowledged before me this (Signature of Applicant) day of ck—eC OFFICIAL SEAL ay or Month McNb� A. ESPRA My Commission expires on: NOARIYTA P BUGARZORA t=xn"pgzooe Year (St of NOTARY PUBLIC} Yeu FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AG NT APPRO G A MANAGER APPLICATION T,irPncap nr AuAnt Ann —I F f.... ,o 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 mr X day. of (Signature of LICENSMAGEN-17 Day of Month M001h Year My commission expires on: Day of Month Month Year .. (Signature of NOTARY PUBLIC) LIQUOR LICENSE AR 19 A , Name of the apartment land lord: North Mountain Village Apartments 13413 N. 35t' Avenue Phoenix, AZ 85029 A ON LIQUOR LICENSE I 1 004 MAR 19 A 8. 4 0 PERMANENT RESIDENT CARD NAME GORENCA, ATLI INS A# 074-796-086 Birthdal Sex %{ ''•'11`r'1 III 'ti 04/1 m ea�1-7�y ." a"km cou", t Bko a In CAR c Al�' 67z�! V'211 E AR PIR S 1112 Reside, ti 1100 C1USA0747960866LIN0017853723<< 5 90 412 5M 12 0311 SM K D << <<<<<<<< <9 GOREN C A<<ATL I<<<<<<<<<<<<<<<<< 'e A UQUOR LICENSE 2004 MR 1. 9 A 8r It] i Number ExpireSr - Date of Birth 04112/1 0 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 (520) 628-6595 Lojllrol'o"Icr. E A OL TRAINING PROGRAM(S) CERTIFICATION OF dbMffl_fT �, OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. Z- ) Individual Name (Print) Individual Signature TYPE OF TRAINING COMPLETED P� BASIC [2-'ON SALE Sate Training Uompieted [- MANAGEMENT ❑ OFF SALE J2 BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: NAME OF THE LICENSEE City BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION' Company or Individual Name c () State Zip Phone Certify the above named individual) has successfully completed) the specified program(s). Si - To d , "< Signature to trai ner ;? / — C? Date for vour recor Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Managers Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 01/98 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Em 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 Date of Posting: March 23, 2004 400 W Congress # 150 Tucson AZ 85701-1352 (520)628-6595 AFFIDAVIT OF POSTING Date of Posting Removal: April 12, 2004 Gorenca Atli Applicant Name: Last First Middle 16650 Palisades Blvd. Fountain Hills Maricopa AZ 85268 Business Address: Street city Zip 12075826 License #• I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Print Name of City/County Official Signature Bev Bender Town Clerk837-2003 X// Title Telephone # Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. 1,0119 062W3 Individuals requiring special accommodations please call (602) 542-9027 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress =150 Phoenix AZ 85007-2934 Tucson AZ 85701-1;;52 (602) 542-5141 (520) 628-6595 LOCAL" GOVERNING BODY RECOMMENDATION OfXXTOWN OF Fountnin Hills STATE APPLICATION NO. 1 �(175g26 COUNTY OF Maricol a , ARIZONA. CITY/TOWN/COUNTY NO. At a Regular meeting of the Town Council of the CAty/Town/ODwity (Regular or Sal) (Governing Body) of Fountain Hills held on the 15 -day of April 2004 the (Day of Month) (Month) (Year) Gorenca Atli Application of. for a license to sell spirituous liquors at 12075826 the premises described in Application No. considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for Approval , License Class # (approval/00o Gorenc5 Atli was a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. Bev Bender CIWOWN/C CLERK DATED AT Fountain Hills This is day of April 2004 (Day of month) (Month) (Year) ' Disabled individuals requiring special accommodations please call the Department k 1007 08/1997 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/15/04 Submitting Department: Public Works Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® Tvne of Document Needing Aunroval (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 Annronriate 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 the TRAFFIC SIGNAL BID in the amount of $143,054.37 and awarding the contract to Kimbrell Electric. Staff Recommendation: Approve Fiscal Impact: Yes $143,054.37 Purpose of Item and Background Information: To construct a traffic signal at Fountain Hills Boulevard and El Lago Boulevard. MCO has a 50% commitment toward this traffic signal. List All Attachments as Follows: Staff memo, bid tabulation, signed contract Type(s) of Presentation: None Signatures of Submitting Staff: De p rtment .1 440 ? Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: April 6, 2003 FR: Randy Harrel, P.E., L.S ' 1 RE: Traffic Signal Construction Bid Award Town Engineer THRU: Tom Wax Fountain Hills Blvd./ El Lago Blvd. Bid #PW 2004-03 Tim Pickering Bids were opened on April 5, 2004 for the traffic signal project on Fountain Hills Blvd. at El Lago Blvd. (Bid No. PW 2004-03). The low bidder was Kimbrell Electric, in the amount (as corrected) of $143,054.37. Three bids were received, ranging from Kimbrell's bid to $213,674.50 (see attached bid tabulation). Budgeted funding is $200,000, in the Development Fees - Streets budget for FY 03- 04. Staff has previously worked with Kimbrell Electric, (they constructed the traffic signals for Four Peaks Plaza) and staff has been satisfied with their work. MCO has a 50% commitment toward this traffic signal. Staff will be notifying them separately regarding the project bid award, and the probable project funding schedule. Traffic Signal Operation: The traffic signal will operate similar to most of the Town's other traffic signals. The major street - Fountain Hills Blvd.- will have a green light for through traffic, except when other traffic is present and activates a detector device. Properly equipped fire and ambulance emergency vehicles with their emergency flashers operating will preempt the traffic signal (giving their direction a green light and all other directions a red light). The traffic signal construction includes the Town's standard street light luminaires, internally illuminated street name signs, pedestrian push buttons, and "Walk- Don't Walk" pedestrian signal heads on each traffic signal pole. The traffic signal includes a video detection camera mounted on each traffic signal mast arm, to detect approaching and stopped traffic. (This will be our first full intersection using video detection, although we have previously retrofitted a video detection camera for northbound traffic at the Shea Blvd./ Fountain Hills Blvd. intersection. By using video detection technology, fewer pavement cuts are needed than with the pavement loop detector systems used for our older traffic signals.) The intersection will continue to operate in All -Way Stop control during construction, until the traffic signal is operational. E:\Bids\FHB-El Lago Traffic Signal Bid Award.doc Page 1 of 2 Chron 021 The traffic signal will be equipped with a 4-hour, Uninterrupted Power Supply (UPS) battery back up. (This will be our first traffic signal with battery back up, to prevent a "dark" traffic signal during potential power outages.) Because of the curving approach roadways, the northbound Fountain Hills Blvd. and the downhill eastbound El Lago approaches will have an extra traffic signal head mounted on the near -side, left -side traffic signal mast arms for better visibility. (This will be our first traffic signal using any reverse -mounted traffic signal heads.) Staff recommends award of the Fountain Dills Blvd./ El Lago Blvd. Traffic Signal Construction (PW 20004-03) to Kimbrell Electric in the amount of $143,054.37. Attachment: Bid Tabulation Cc: Tony Marchese Chief Mark Zimmerman Captain John Kleinheinz Larry Woodlan/ Burgess & Niple Greg Bielli/ MCO E:\Bids\FHB-El Lago Traffic Signal Bid Award.doc Page 2 of 2 Chron 021 Fountain Hills Blvd El Lago Blvd Traffic Signal Construction Bid #PW 2004-03 BID TABULATION Kimbrell Electric AJP Electric Contractor's West Qty. Unit Unit Price Amount Unit Price Amount Unit Price Amount Remove and Salvage Existing Signs and Poles Lump Lump 567.39 567.39 500.00 500.00 900.00 900.0 2 Warning Sign Panel 22.5 Sq Ft 26.54 597.15 40.00 900.00 17.50 393.75 3 Perforated Sign Post 70 Lin Ft 19.64 1,374.80 `-` 10.00 700.00 6.85 479.5 4 Pavement Marking, 6" Solid Lane Line (Thermoplastic) 535 Lin Ft 2.95 1,578.25 1.50 802.5 2.8 1,498.0 5 Pavement Marking, Solid Lane Arrow (Thermoplastic) 3 Ea 141.55 424.65 200.00 600.00 200.00 600.0 6 Raised Pavement Markers 32 Ea 5.90 188.80 12.00 384.00 10.00 320.0 7 Obliterate Pavement Marking 215 Lin Ft 3.83 823.45 7.00 1,505.00 7.25 1,558.75 8 Pole (Type R) 4 Ea 4,013.50 16,054.00 4,300.00 17,200.00 6,629.0 26,516.0 9 Pole Foundation (Type R) 4 1 Ea 1,415.54 5,662.16 1 2,000.00 8,000.001 2,342.001 9,368.0 10 Luminaire Mast Arm 20' 4 Ea 569.75 2,279.00 700.00 2,800.00 1,325.00 5,300.0 11 1 Signal Mast Arm 45' 2 Ea 4,028.38 8,056.76 ` 3,300.00 6,600.00 3,205.00 6,410.0 12 Signal Mast Ann 55' 2 Ea 5,585.48 11,170.96 4,500.00 9,000.0 " 4,314.00 8,628.0 13 Luminated Sign Fixture 4 Ea 1 2,569.79 10,279.16 2,800.00 11,200.00 3,750.00 15,000.0 14 Lighting Pole Extension 4 Ea 5.00 20.001 1.001 4.001 300.00 1,200.0 15 Electrical Conduit (3" ), (Schedule 80 PVC) 405 Lin Ft 17.25 6,986.25 20.00 8,100.00 33.00 13,365.0 16 Electrical Conduit (4"), (Schedule 80 PVC) 53 Lin Ft 10.79 571.87 15.00 795.00 29.00 1,537.00 17 Electrical Conduit (5"), (Schedule 80 PVC) 2 Lin Ft 29.49 58.98 20.00 40.00 132.00 264.0 18 Pull Box (No. 5) 5 Ea 194.64 973.20 300.00 1,500.00 298.00 1,490.0 19 Pull Box (No. 7) 1 Ea 442.36 442.36 400.00 400.00 425.00 425.0 20 Conductors Lump Lump 7,615.59 7,615.59 6,000.00 6,000.001 28,655.001 28,655.0 21 Traffic Signal Face (Type F) 11 Ea 470.08 5,170.88 500.00 5,500.00 = 589.00 6,479.0 22 Traffic Signal Face (Type R) 8 Ea 442.06 3,536.48 500.00 4,000.00 550.00 4,400.0 23 ITraffic Signal Face (Pedestrian Man/Hand) 8 Ea 304.93 2,439.44 350.00 2,800.00 618.00 4,944.00 24 Traffic Signal Mounting Assembly (Type II) 11 Ea 70.48 775.28 100.00 1,100.00 100.00 1,100.0 Traffic Signal Mounting Assembly (Type V) 8 Ea 160.43 1,283.44 250.00 2,000.0 315.00 2,520.0 26 Traffic Signal Mounting Assembly (Type VII) 8 Ea 175.17 1,401.36 250.00 2,000.00: 355.00 2,840.00 2-7 rroc .1hinot -I• ria 4- Ba 29 Controller Cabinet (Model 330) w/ Controller (Type 170E w/ HC-11 CPU Board & w/ Controller Cabinet Extender Base) 1 Ea 9,497.37 9,497.37 11,000.00 11,000.00 10,925.00 10,925.00 30 Control Cabinet Foundation 1 Ea 589.81 589.81 1,000.00 1,000.00 425.00 425.00 31 Meter Pedestal Cabinet 1 Ea 6,000.00 6,000.00 10,000.00 10,000.00 10,300.00 10,300.0 32 Meter Pedestal Foundation I Ea 370.40 370.40 1,000.00 1,000.00 -` 265.00 265.0 33 Model 400 Interconnect Modem 1 Ea 255.98 255.98 500.00 500.00 1,530.00 1,530.0 34 Video Detection System Lump Lump 22,577.83 22,577.83 20,000.00 20,000.00" 22,975.00 22,975.0 35 lPedestrian Pushbutton w/placard 8 Ea 1 150.401 1,203.20 1 200.00 1,600.00 275.00 2,200.00 36 Opticom Preemption System Lump Lump 6,874.79 6,874.79 7,000.001 7,000.001 12,195.00 12,195.0 37 Luminaire (250 Watt HPS Horizontal Mount) 4 Ea 293.13 1,172.52 350.00 1,400.00':`1 550.00 2,200.00 38 Sign Lighting Fixture (150 Watt HPS) 4 Ea 5.00 20.00 1.00 4.00"' 290.00 1,160.0 39 Remove Concrete Curb 50 Lin Ft 4.42 221.00 ' 10.00 500.0 ''-' 10.15 507.5 40 Concrete Curb 50 1 Lin Ft 8.26 413.00 25.00 1,250.00''1' 20.35 1,017.5 41 1 Concrete Sidewalk 397 Sq Ft 4.13 1,639.61 10.00 3,970.00 5.50 2,183.50 42 Off Duty Police 40 Hrs 47.18 1,887.20 40.00 1,600.00- 65.00 2,600.0 Total 143,054.37 155,254.50ff 1 216,674.50 FHB -El Lago Bid Tabulation.xls O 10; 1;1 cn 1101 r o d that is Any' Apri16, 2004 To: John Kimbrell Kimbrell Electric, Inc. 7593 N. 73rd Drive Glendale, AZ 85303 Town of FOUNTAIN HILLS Public Works Department AMENDMENT TO THE TRAFFIC SIGNAL CONSTRUCTION CONTRACT - PW 2004-03 Terms of Contract: The terms of this contract shall exist for the duration of this project only. (aw 14�1� 1110r1l Thomas L. Ward Director of Public Works 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 TOWN OF FOUNTAIN HILLS TRAFFIC SIGNAL CONSTRUCTION CONTRACT PROJECT NO. PW 2004-03 THIS TRAFFIC SIGNAL CONSTRUCTION CONTRACT (this "Contract") is made as of April 15, 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Kimbrell Electric, Inc. (the "Contractor"). RFCTTAT .0 A. The Town issued an Invitation for Bid, No. #PW 2004-03 on March 16, 2004 (the "Invitation"), for traffic signal construction (the "Services"). B. Contractor responded to the Invitation and submitted a bid for the Services. Contractor's bid was the lowest, qualified bid received by the Town. C. The Town desires to enter into this Contract with the Contractor for the Services. D. The Town's Contract Administrator for this Contract shall be the Town's Public Works Director or his authorized designee. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, parties hereto agree as follows: 1. Term of Contract. The term of this Contract shall be for the period of one year, commencing upon the execution of this Contract. This Contract will automatically renew for successive one-year terms on the anniversary of the execution hereof for four consecutive years unless written notification is made by either party not less than thirty days prior to the annual renewal date. Work shall not commence until authorization to proceed is received from the Town. 2. Scope of Work. Contractor shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference, in accordance with (i) the terms and conditions set forth in this Contract, (ii) the applicable sections of the Maricopa Association of Governments ("MAG") Uniform Standard Specifications for Public Works Construction (the "MAG Specifications") (iii) the terms and conditions set forth in the Special Terms and Conditions, attached hereto as Exhibit B and incorporated herein by this reference and (iv) the Contractor's response to the Invitation for Bids, including but not limited to the List of Subcontractors, Bidder's Project References and Bid Form. 3. Inspection; Acceptance. All work shall be subject to inspection, surveillance, testing and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. E:\Bids\Kimbrell Electric Contract.doc Page 1 of 38 4. Compensation; Price Escalation. The Town shall pay Contractor a price not to exceed $143,054.37 for the Services as more particularly set forth in the Bid Schedule attached hereto as Exhibit C and incorporated herein by reference. Price increases may be requested by the Contractor 30 days prior to the anniversary date of the Contract. Price increases will become automatically effective and will be effective for at least one year from the date of approval. Price increases will be applied to the unit pricing in the Contract as a percentage increase. The percentage increase in the unit pricing may not exceed the percent of increase in the Phoenix Metropolitan "Consumers Price Index" for all items for the Percent Change from the Year -Ago Quarter as published by the Department of Labor Urban Consumer Price Index, however, this increase shall not be allowed to exceed a limit of 5%. Higher price increases may be considered based on documented increases in material price or labor wage/fringe rate 5. Payments. The Town shall pay the Contractor upon completion of the Services to be performed hereunder. Contractor shall submit invoices to the Town that shall document and itemize all work completed. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. The Contract Administrator shall review and approve all invoice statements. Once approved, invoices shall be paid within 30 days of said approval. 6. 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. 7. 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 for, from and against all claims, damages, losses and expenses (including but not limited to attorneys' 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 Section. 8. Insurance. 8.1 General. a. Insurer Oualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, E:\Bids\Kimbrell Electric Contract.doc Page 2 of 38 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. g. Waiver. All policies, including Workers' Compensation insurance, 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 1 EAMAKimbrell Electric Contract.doc Page 3 of !�, 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 a 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 Director of Public Works. 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. (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 EAMAKimbrell Electric Contract.doc Page 4 of 38 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. 8.2 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. 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. C. 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. EABids\Kimbrell Electric Contract.doc Page 5 of 38 8.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 9. Termination; Cancellation. 9.1 For Town's Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause by the Town 30 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. 9.2 For Cause. This Contract may be terminated be either party upon 30 days' written notice to the other party 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 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. 9.3 Due to Work Stoppage. This Contract may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. 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. 9.4 Conflict of Interest. This Contract is subject to the provisions of ARIZ. 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. 9.5 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. 10. Miscellaneous 10.1 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. E:\Bids\Kimbrell Electric Contract.doc Page 6 of 38 10.2 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 Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (ill) Occupational Safety and Health Administration ("OSHA") standards. 10.3 Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 10.4 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 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. 10.5 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. 10.6 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. 10.7 Interpretation; Parol Evidence. This Contract represents the entire Contract 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 Contracts 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. 10.8 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. 10.9 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 performance under this Contract whether or not subcontractors are used. EABids\Kimbrell Electric Contract.doc Page 7 of 38 10.10 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. 10.11 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. 11. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract 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 85269-7958 Facsimile: 480-837-1404 Attn: Tom Ward With copy to: JoRDEN, BISCHOFF, MCGumE & 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: With a copy to: 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 E:\Bids\Kimbrell Electric Contract.doc Page 8 of 38 M 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. IN WITNESS WHEREOF, the Town and the Contractor have caused this Contract to be duly executed as of the day, month and year first above written. "Town" ATTEST: n Bevelyn J. Bender, Town Clerk "Contractor" Arizona KIMBRELL ELECTRIC, INC., an Arizona Corporation/ j , . Name/ John Kimbrell Secretary -Treasurer CADocuments and Settings\Johnk\Local Settings\Temporary Internet Files\OLK3\Kimbrell Electric Contract.doc Page 9 of 38 EXHIBIT A SPECIAL TERMS AND CONDITIONS QUANTITY All quantities stated in the bid documents are subject to adjustment dictated by Town requirements. Quantities at variance with stated bid quantities may be purchased as required. DEFINITION Definitions shall be as stated in Section 101.2, Definitions and Terms, of the MAG STANDARD SPECIFICATIONS with the following additions: DUST PREVENTION The Contractor shall take whatever steps, procedures or means required to prevent abnormal dust conditions due to his construction operations in connection with this contract. The dust control measures shall be maintained at all times during construction of the project, to the satisfaction of the Town, in accordance with the requirements of the Maricopa County Health Department Air Pollution Control Regulations. This is not a pa. item. tem. MAG Subsection 104.2.5 shall apply. TRAFFIC CONTROL a. Complete street closures will not be permitted unless specified in the Special Provisions Section of this bid document. b. Adequate barricades and lighted warning signs shall be installed and maintained by the Contractor throughout the duration of the project. All traffic control shall be in accordance with the City of Phoenix Traffic Control Manual unless otherwise specified in the Special Provisions section of this bid document. c. The Director of Public Works or his designee shall stipulate the traffic restrictions and/or minimum requirements throughout the construction period. d. The Contractor shall submit a construction schedule and traffic supplement for "Street Barricading and Channelization" to the Director of Public Works for approval and/or modification before construction is initiated. Traffic control is not a separate pay item. INSPECTION a. Inspectors may be stationed on the work to report to the Contract Administrator or his Designee as to the progress of the work, the manner in which it is being performed, and also to report whenever it appears that material furnished or work performed by the Contractor fails to fulfill the requirements of the specifications and contract. The Inspector may direct the attention of the Contractor to such failure or infringement but such inspection shall not EABids\Kimbrell Electric Contract.doc Page 10 of 38 relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. b. In case of any dispute arising between the Inspector and the Contractor as to material furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question and issue can be referred to and decided by the Town. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of the specifications. Inspectors shall in no case act as foremen or perform other duties for the Contractor or interfere with the management of the work by the Contractor. c. Inspection or supervision by the Contract Administrator or Designee shall not be considered as direct control of the individual workman and his work. The direct control shall be solely the responsibility of the Contractor. DUMPING AND DISPOSAL OF WASTE The Contractor is responsible for the cost to dispose of all waste products including excess earth material which will not be incorporated into the work under this contract. The waste product referred to herein shall become the property of the Contractor. SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the work necessary for the services. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain a qualified supervisor or superintendent (foreman/lead man) who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The representative shall have full authority to act on behalf of the Contractor and all communications given to the representative shall be as binding as if given to the Contractor. The representative shall be present on the site at all times as required to perform adequate supervision and coordination of the work. Where appropriate, all provisions of MAG, Section 105.5, Cooperation of Contractor, will be applicable. CHANGES IN THE WORK The Town may at any time, as the need arises, order changes within this Scope of Work without invalidating the Contract. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by written Change Order in accordance with the terms and conditions of the Contract. METHOD OF MEASUREMENT AND PAYMENT FOR PAY ITEMS Except as otherwise provided in the Contract, measurements and payment for all bid items shall be as described in the MAG STANDARD SPECIFICATIONS, subject to the following: E:\Bids\Kimbrell Electric Contract.doc Page 11 of 38 a. Payment for each item shall constitute payment in full for the furnishing of all materials, equipment, appurtenances, labor, plant and tools necessary to provide a completely finished, and serviceable project, as described in the Specifications. Each item shall be complete with all necessary connections, and related work accomplished to provide for the satisfactory use and/or operation of the total project. b. No additional payments will be made for incidental work related to any items unless specifically called for in a written, signed Change Order. c. Ten percent (10%) of the amount of each progress pay estimate shall be retained or securities shall be posted in accordance with ARIZ. REV. STAT. § 34-221 until final acceptance by the Town. WORKMANSHIP Where not more specifically described, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved and shall include all items of fabrication, construction or installation regularly furnished or required for completion. All work shall be executed by tradesmen skilled in their respective lines of work. When completed, all work shall have been durably and substantially built and shall present a neat, workmanlike appearance. RECORDS AND AUDIT RIGHTS Contractor's and Subcontractor's books, records, correspondence, accounting procedures and I%W practices, and any other supporting evidence relating to this Contract (all the foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims based on Contractor's or Subcontractor's actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Contract. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records from the effective date of this Contract for the duration of the work and until three (3) years after the date of final payment by the Town to Contractor pursuant to this Contract. The Town shall have access, during normal working hours, to all necessary Contractor and Subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this Article. The Town shall give Contractor or Subcontractor reasonable advance notice of intended audits. Contractor shall require Subcontractors to comply with the provisions of this Article by insertion of the requirements hereof in any subcontract pursuant to this Contract. E:\Bids\Kimbrell Electric Contract.doc Page 12 of 38 LIQUIDATED DAMAGES The liquidated damage amounts specified in Section 108.9, Failure to Complete on Time, of the MAG Standard Specifications shall apply to each work order. LOSS AND DAMAGES All loss or damage arising out of the nature of the work to be done or from the action of the elements, or from any unforeseen circumstances, in the prosecution of the same, or from any unusual obstructions or difficulties which may be encountered in and/or during the prosecution of the work, or from any casualty whatsoever of every description, shall be sustained and borne by the Contractor at his own cost and expense. PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK The Contractor shall properly guard and protect all finished or partially finished work, and shall be responsible for the same until the work order is completed and accepted by the Town. CLEAN UP After all work under each work order is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor. FINAL ACCEPTANCE "Final Acceptance" shall mean a written final acceptance of the work order by the Contract Administrator. The Contract Administrator or his Designee shall make the final acceptance promptly after all work of each phase has been completed in accordance with the contract documents and after final inspection. The work performed under this Contract shall be guaranteed for a period of one _year from the date of final acceptance of the work order. MAG SPECIFICATIONS MODIFIED SECTION 107.12 - FURNISHING RIGHT OF WAY The Contractor, at his own expense, is responsible for the acquisition of any necessary temporary easements for construction purposes, storage and maintenance purposes, which are required in addition to existing easements and/or rights of way. SECTION 108.1.1 - PRE -CONSTRUCTION CONFERENCE The Contract Administrator will schedule a Pre -Construction Conference to be held at Fountain Hills Town Hall after completion of the Contract Documents and prior to the commencement of work. E:\Bids\Kimbrell Electric Contract.doc Page 13 of 38 The purpose of the Pre -Construction Conference is to establish a working relationship between the Contractor and the Contract Administrator. The agenda will include critical elements of the work schedule, submittal of schedule, product data submittals, cost breakdown of major lump sum items, payment application and processing, coordination with the involved utility firms, emergency telephone numbers for all representatives involved in the course of construction and establishment of the Notice to Proceed date. Minimum attendance by the Contractor shall be a responsible official who is authorized to execute and sign documents. SECTION 108.5.1 - WORKING HOURS Working hours will be 7:00 AM to 5:OOPM during winter hours (November, December, January and February); 6:00 AM to 6:30 PM during spring hours (March, April and May); and 5:30 AM to 6:30 PM during summer hours (June, July, August, September and October), Monday through Friday, with a half-hour lunch period unless otherwise authorized by the Contract Administrator. SECTION 110 - MOBILIZATION The work under this section shall consist of preparatory work and operations, including but not limited to, the movement of personnel, equipment, supplies and incidentals to the project site; the establishment of all offices, buildings and other facilities necessary for work on the project, and for all other work and operations that must be performed prior to beginning work on the various items on the project sites. The Contractor shall obtain approval of the Contract Administrator when using Town or private property to park and service equipment and store material for use on this project. a. The yard shall be fenced and adequately dust -proofed in a manner such as to preclude tracking of mud onto paved Town streets. b. Work in the yard shall be scheduled so as to minimize noise at existing residences and businesses. c. Equipment, materials, etc., shall be located so as to minimize impact on adjacent properties. A sound barrier may be required if deemed necessary by the Contract Administrator. d. The Contractor shall clean up property promptly upon completion of use. e. Contractor's request for approval shall specify in detail how he or she proposes to comply with (a) through (d) above. No separate payment will be made for mobilization. E:\Bids\Kimbrell Electric Contract.doc Page 14 of 38 EXHIBIT B TECHNICAL SPECIFICATIONS Traffic Signal Construction at Fountain Hills Boulevard & El Lago Boulevard Prepared for: Town of Fountain Hills Public Works Department 16836 E. Palisades Boulevard Fountain Hills, AZ 85268 Prepared by - Burgess & Niple 5025 East Washington Street Suite 212 Phoenix, Arizona 85034-2011 Phone: (602) 244-8100 Fax: (602) 244-1915 Date: February 23, 2004 EAMAKimbrell Electric Contract.doc Page 15 of 38 SECTION 1- SPECIFICATIONS AND DETAILS The work embodied herein shall be performed in accordance with the specifications entitled ""' "Arizona Department of Transportation STANDARD SPECIFICATIONS for ROAD AND BRIDGE CONSTRUCTION", 2000, "ADOT TRAFFIC SIGNAL AND LIGHTING STANDARD DRAWINGS", 2003, Town of Fountain Hills Supplement to and the MAG "UNIFORM STANDARD DETAILS AND SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION", including the latest approved revisions in force at the time of bid advertisement, which shall be referred to hereafter as the STANDARD SPECIFICATIONS. Im These technical specifications provide for supplementation, modification and/or amendments to the STANDARD SPECIFICATIONS. In the event of any conflict between the "TECHNICAL SPECIFICATIONS" and the requirements of the "STANDARD SPECIFICATION AND DETAILS" or "PLANS", these "TECHNICAL SPECIFICATIONS" shall prevail. The Contractor shall not perform any traffic signal construction work at the project site until all materials ordered from vendor(s) which are necessary for completion of work have been received. Thereafter, the Contractor shall diligently prosecute the work to completion before the expiration of 60 working days from the date that shipped materials were shipped. INSPECTION The Town may station an inspector on the job site to report to the Director of Public Works or his Designee on the progress of the work, manner of its performance, as well as to report any inconsistencies with the requirements of the project contract or specifications. The Inspector may direct the attention of the Contractor to such failure or infringement but such inspection shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to material furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question and issue can be referred to and decided by the Town. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of the specifications. Inspectors shall in no case act as foremen or perform other duties for the Contractor or interfere with the management of the work by the Contractor. Inspection or supervision by the Director of Public Works or Designee shall not be considered as direct control of the individual workman and his work. The direct control shall be solely the responsibility of the Contractor. METHOD OF MEASUREMENT AND PAYMENT FOR PAY ITEMS Except as noted in the Special Provisions, measurements and payment for all bid items in the BID FORM shall be as described in the MAG and/or ARIZONA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS, subject to the following: (a). Payment for each item shall constitute payment in full for the furnishing of all excavation, back filling, materials, equipment, appurtenances, labor, plant and tools EABids\Kimbrell Electric Contract.doc Page 16 of 38 necessary to provide a completely finished, and serviceable project, as shown by the Plans and described in the Specifications. Each item shall be complete with all necessary connections, testing, and related work accomplished to provide for the satisfactory use and/or operation of the total project. (b). No additional payments will be made for incidental work related to any items unless specifically noted and called for in the bid. Payment will be made at the unit price or lump sum price in the bid. Unit prices in writing will control in event of any dispute. (c). Measurements of the completed work will be made in place, with no allowance for waste, and as may be more particularly described in the description of the various items of work. Retention To ensure the proper performance of the contract, the Town shall retain 10% of the amount of each progress payment request by the Contractor until 50% of the work (including all materials, equipment and work) covered by the contract is completed and accepted by the Director of Public Works. When the contract is 50% complete, one-half of the 10% of contract amount retained (including any security substituted under the provisions of A.R.S. 34-221) shall be paid to the Contractor upon request. Beyond 50% contract completion, the Town may retain no more than 5% of subsequent progress payments made under this contract, provided that the Contractor continues to make satisfactory progress on the project. However, if at any time the Director of Public Works determines that satisfactory progress is not being made then at the discretion of the Town it may reinstate a 10% retention for all progress payments that will be made subsequent to such determination. Payment for Materials Signal Construction Any material (including signal structural systems) or equipment which will become an integral part of the completed project will be considered for partial payment in the Contractor's monthly progress payments. The intent of making a partial payment is to provide the Contractor payment for direct material or equipment purchased. The purpose is to minimize the effect of escalating costs by procuring key materials. It is not the intent to pay for all materials but only those meeting the following conditions: (a). A total value of all items requested for payment must be greater than $20,000. No payment will be processed until the material or equipment has been observed, reviewed or verified by the Director of Public Works. Only the material or equipment meeting the requirements of the plans and specifications will be paid. Payment for material or equipment does not constitute final acceptance. E:\Bids\Kimbrell Electric Contract.doc Page 17 of 38 (b). Materials or equipment must be stored or stockpiled either on site, in a warehouse, or secured storage area. The Contractor assumes all responsibility for protection of these materials or equipment and shall insure them to cover loss or damage without additional liability or added costs to the agency for providing this security, insurance, and storage. (c). The Contractor will provide access to the storage area or warehouse upon request of the Director of Public Works for the purpose of verifying the inventory of items paid for under this section. None of the materials or equipment paid for under this section will be removed from the storage site until incorporated into the work of the project. The storage site shall be within the general geographical area of the project. (d). The Contractor shall provide a paid invoice and/or lien waiver for items paid for under this section. The Town will not pay more than the invoice price for the item or items, less retention. (e). The Town may exclude individual payment requests, which in the Director of Public Works' judgment does not warrant storage and prepayment under the intent of this section. Pavement Marking Pavement marking material will be measured by linear foot along the centerline of the pavement stripe and the length of measurement will be based on four -inch wide strips. Pavement markings will be paid for at the contract unit prices and shall include full compensation to furnish all labor, materials, tools, equipment and incidentals, and for all the work necessary to complete the work in place. E:\Bids\Kimbrell Electric Contract.doc Page 18 of 38 SECTION 2 — SCOPE TRAFFIC SIGNAL The work covered by these specifications consists of furnishing all labor, equipment and materials for: (1) The construction of a new traffic signal at Fountain Hills Boulevard & El Lago Boulevard In accordance with these "TECHNICAL SPECIFICATIONS", and "PLANS". The first order of work shall be to place order for the signal equipment and appurtenances, including poles, mast arms, mounting assembly, etc., that are pertinent to the timely completion of the project. All items of work related to the proposed traffic signal construction, including systems structures, controls, signage and markings shall be completed prior to commencement of the traffic signal functional test. EQUIPMENT LIST AND DRAWINGS The awarded Contractor shall furnish to the Town Engineer within seven (7) calendar days following a written notification of award, one (1) copy of a complete project material submittal for approval, including a material source list. The material list shall state all relevant information to allow the Town to procure an exact replacement in the future of any item used on the project. The Town Engineer shall have seven (7) calendar days within which to approve or reject any material proposed by the Contractor. Upon Town approval the Contractor shall have fifteen (15) calendar days within which to submit three (3) copies of material order statements endorsed by the vendor(s). The statement should include the date(s) that the vendor(s) will ship approved material(s) to the Contractor. The Contractor shall mark the envelope submitted on the outside lower left corner as follows: 1. Contractor's Name 2. Town of Fountain Hills Engineering Department 3. Bid number and project description 4. Material order and shop drawing submittal. As a minimum the material list shall include the following information: (1) Material name (2) Catalog part number (3) Catalog cuts (4) Show drawings for signal and lighting equipment (5) Trade names (6) And schedule for other pertinent information. E:\Bids\Kimbrell Electric Contract.doc Page 19 of 38 All materials submitted for use in the completion of the project shall receive prior approval by the Town Engineer before being ordered by the Contractor. There shall be no substitutions to the approved list of materials without prior written approval by the Town Engineer. The Contractor shall furnish a maintenance manual for all controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance manual shall be submitted to the Town_ after the controller, cabinet and accessories have been tested installed turned on and determined to be fully operative. The list of maintenance manuals that would be submitted shall include, but need not be limited to, the following items: (a) Specifications (b) Design characteristics (c) General operation theory (d) Function of all controls (e) Trouble shooting procedure (diagnostic routine) (f) Block circuit diagram (g) Geographical layout of components (h) Schematic diagrams (i) List of replaceable component parts with stock numbers. Failure by the Contractor to deliver to the Town evidence of material(s) ordered as stipulated above and within the prescribed time shall constitute good and sufficient grounds for the recession of the award and forfeiture of the10% bid bond to the Town as liquidated damages. APN 16 TRAFFIC CONTROLLER ASSEMBLY The traffic controller assembly shall include the controller unit (Model 170E with HC-11 CPU), a cabinet (Type 330) with cabinet extender base and all necessary auxiliary equipment in conformance to the City of Scottsdale Standards. The controller and cabinet shall be wired and tested per ADOT Specification Section 734-2.01 (F), except that the Contractor shall be responsible for testing and correcting all test failures before equipment activation. The controller cabinet and all components shall be shop tested for seven (7) days by the Town of Fountain Hills (traffic signal maintenance technician — Phoenix Highway Services). Contractor shall deliver and pickup from their shop. A new model 170E traffic actuated controller shall be furnished and installed by the Contractor at: (a) Fountain Hills Boulevard and El Lago Boulevard The Contractor shall construct the controller cabinet foundation (including furnishing and installing anchor bolts), install the controller cabinet on said foundation, and make all field -wiring connections to the terminal blocks in the controller cabinet. A full complement of EPROM chips shall be furnished for each controller program module including the latest Wapiti HC-11 software. The Contractor shall provide complete instructions on videotape for the assembly and operation of Type 170 signal controllers. The Contractor shall connect a Model 400 interconnect modem with C-2 cable to the interconnect 16 E:\Bids\Kimbrell Electric Contract.doc Page 20 of 38 terminal plate on the cabinet so the controller will be "interconnect -ready" for future traffic signal operation. *%W STRUCTURAL SUPPORTS AND FOUNDATIONS FOR TRAFFIC SIGNAL AND HIGHWAY LIGHTING Concrete for all foundations shall be Class S and shall have a required 28-day compressive strength of 3,000 psi. The excavation required for the installation of foundations and other items shall be performed in such a manner as to avoid any unnecessary damage to streets, sidewalks, landscaping, and other improvements. Excavation shall not be performed until immediately before construction of foundations. Materials from excavation shall be placed in a position that will minimize obstructions to traffic and interference with surface drainage. CONDUITS Installation of conduits shall conform to the provisions in Section 732-3.01 of ADOT Standard Specifications and these Special Provisions. All conduit and fittings shall be listed by UL, and conform to NEC standards. Except as specified by plan all conduit to be installed underground or in concrete structure shall be rigid polyvinyl chloride (PVC) non-metallic type conforming to the requirements of UL651 for rigid non-metallic conduit. PVC conduit and fittings shall be Schedule 80, heavy wall, manufactured from high impact material and shall be rated for use at 90 degrees centigrade. Rigid metal conduit to be used as a drilling or jacking rod shall be fitted with suitable drill bits for size hole required. PULL BOXES Pull boxes shall conform to the provisions in Section 732-2.03 "Pull Boxes" of the ADOT Standard Specifications and these Special Provisions. Grout shall be placed on the bottom of all pull boxes. Portland Cement Concrete shall be Class B. Pull Box lids shall be free of cracks and chips and shall be marked as follows: "TRAFFIC SIGNAL". Plastic pull boxes will not be allowed. CONDUCTORS AND WIRING Conductors and wiring shall conform to the provisions in Section 732-3.02, "Wiring Procedures", of the ADOT Standard Specifications, these Special Provisions and project plans. Cabinet Circuit wiring and phase color coding shall conform City of Scottsdale Design Standards and Policies Manual. The tag identification shall correlate with the conductor schedule and phase diagram shown on the project plans. BONDING AND GROUNDING Bonding and grounding shall conform to the provisions in Section 732-3.03 "Bonding and Grounding" of ADOT Standard, this Special Provisions. EABids\Kimbrell Electric Contract.doc Page 21 of 38 Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire into an adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. OPTICALLY ACTIVATED TRAFFIC SIGNAL PHASE SELECTION SYSTEM Optically activated traffic signal phase selection system shall conform to the provisions in Section 3-205 (H) "Emergency Vehicle Preemption" and 3-213 "Optically Activated Traffic Signal Phase Selection System Specifications for an Emergency Vehicle Priority System", of the City of Scottsdale Design Standards and Policies Manual and these Special Provisions. LED SIGNAL LAMP UNITS Description. This Specification describes the minimum acceptable design and performance requirements for 12"(300 mm) Light Emitting Diode (LED) traffic and pedestrian signal lamp units. Prequalification. Furnish LED signal lamp units that meet or exceed all the requirements of the current Institute of Transportation Engineers (ITE) publication ST-011B Pedestrian Traffic Control Signal Indications (PTCSI) and the current ITE specifications for Vehicle Traffic Control Signal Heads (VTCSH), Part 2: Light Emitting Diode (LED) Vehicle Traffic Signal Module, unless otherwise stated in the specifications herein. All LED signal lamp units shall be the latest model currently in production and new. Equipment no longer being manufactured shall not be accepted, even if it meets the following specifications. Material Requirements. LED signal lamp units shall conform to the following criteria: A. Physical and Mechanical Requirements 1. The LED traffic signal lamp unit shall be designed as a retrofit replacement for existing incandescent signal lamps and shall not require any special tools for installation. The 12"(300 mm) retrofit replacement LED traffic signal lamp unit shall fit into existing traffic signal housings built to ITE VTCSH standards without modifications. 2. Installation of a retrofit replacement LED traffic signal lamp unit into an existing signal housing shall only require removal of the existing lens and incandescent lamp. The new unit shall fit securely in the housing door and connect to existing electrical wiring or terminal block by means of simple connectors. Removal of the reflector is optional. 3. Each LED signal lamp unit shall be identified on the back side with the following: 1) Manufacturer's name and trademark 2) Part number 3) Serial number 4) Voltage rating 5) Power consumption (watts and volt-ampere) 6) Vertical indexing indicator (i.e., "up arrow", or the word "UP" or "TOP") if specific orientation of the module is required. 7) Date of manufacture (minimum information required - month & year) EABids\Kimbrell Electric Contract.doc Page 22 of 38 8) Single units shall have identification markings as to the type and color of the module. Bi- Modals shall be marked with module type. 9) Each LED signal lamp unit shall have a label placed on the unit certifying compliance to ITE standards for color and luminance. 4. The LED traffic signal lamp unit shall be a single, self-contained device, not requiring on -site assembly for installation into an existing traffic signal housing. 5. The assembly and manufacturing process for the LED traffic signal lamp unit assembly shall be such as to assure all internal LED and electronic components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. 6. The lens of the LED signal lamp unit shall be capable of withstanding ultraviolet light (direct sunlight) exposure for a minimum time period of five years without exhibiting evidence of deterioration. 7. Ensure that lenses will withstand a 3 1/2 foot (1.0 meter) drop test, are a minimum of 1/8 inch (3 mm) thick, and are free of bubbles and imperfections. The lenses shall be smooth on the outside with no external facets to prevent dirt and debris build up. 8. Each LED traffic signal lamp unit shall comprise a UV stabilized polymeric outer shell, multiple LED light sources, and a regulated power supply. 9. If lenses are tinted, they shall match the wavelength (chromaticity) of the LED. 10. An optical assembly shall diffuse the light output and provide uniform illumination across the entire surface of the lens and eliminate the visibility of the individual LEDs to the observer. The optical assembly shall be used for all ball modules and shall be optional on arrow and pedestrian modules. 11. The LED traffic signal lamp unit shall be designed for universal installation in both span wire and standard/stationary pole mount applications. 12. The "Arrow" pattern produced by the Arrow LED traffic signal lamp units shall conform to the VTCSH standard for color, size and shape. The Arrow LED traffic signal lamp units shall not require a specific orientation or have a variance in light output, pattern or visibility for any mounting orientation. 13. LED pedestrian signal lamp units shall be designed as a retrofit replacement, modular or screw in unit for the message bearing surface of a 12"(300 mm) pedestrian traffic signal, type A- 2, housing built to the PTCSI Standard. 14. The LED pedestrian signal lamp unit shall fit into existing pedestrian signal housings without the need to modify the housing. Installation of the retrofit replacement LED pedestrian signal lamp unit into an existing 12"(300 mm) pedestrian signal housing shall only require the removal of the existing message bearing surface, existing lamp components (i.e. lens, lamp module, gaskets, and reflector) and insertion of the retrofit replacement into the area once occupied by the removed assembly. 15. The single pedestrian module shall be designed to display a full "HAND" symbol that complies with PTCSI standards for this symbol for the size specified. 16. LED traffic signal lamp units shall be visible at 450 feet (137 meters) during sway conditions (extended view) until obscured by the visor. B. Optical and Light Output Requirements 1. The red, yellow and orange lamps shall be manufactured using AIInGaP E:\Bids\Kimbrell Electric Contract.doc Page 23 of 38 I ] (Aluminum -Indium -Gallium -Phosphide) technology or other LEDs with lower susceptibility to temperature degradation than A1GaS (Aluminum -Gallium Arsenic). GaS LEDs will not be permitted. Green lamps shall be manufactured using Indium Gallium Nitride. 2. Each LED traffic signal lamp unit shall meet minimum laboratory light intensity values, color (chromaticity), and light output distribution as described in ITE VTCSH part 2 of the specifications 6.4.2.1, 6.4.4.1, 6.4.4.2, 6.4.4.3, 6.4.5 and 6.4.6 as a minimum. The table below replaces the values in Table 1 of Section 4.1.1 of the ITE VTCSH. The 6.4.2.1 test shall include an expanded view for the red and green ball indications with the following minimums for a period of 60 months. Minimum Luminous Intensity V IlUes (in Oentlelas) Vertical Angle Horizontal Angle RED `fELL&W GREEN (Left/Right) 2.5 10 20 20 -1 17.5 3 7 7 2.5 20 41 41 -12.5 17.5 14 27 27 2.5 54 108 108 -7.5 17.5 20 41 41 2.5 220 441 4 11 -2.5 17.5 58 115 11:, 2.5 3 4' + 678 t 0""1 2.5 7.5 251 501 501 12.5 141 283 283 17.5 77 154 154 2.5 226 452 452 7 5 202 404 404 7.5 12.5 145 291 291 17.5 89 178 178 22.5 33 77 77 27.5 15 32 1 32 2.5 50 101 101 7.5 48 97 97 12.5 12.5 44 89 89 17.5 24 69 59 22.5 22 44 44 27.5 15 32 32 2.5 22 44 44 7.5 22 44 44 17.5 12.5 22 44 44 17.6 22 44 44 22.5 20 41 41 27.5 15 32 32 2.5 10 20 20 22.5 17.5 7 14 14 • Positive vertical angles are below tie horizontal (vertical Downward An&). Notes: 1) Independent laboratory test reports are required to validate the initial intensity. EABidAKimbrell Electric Contract.doc Page 24 of 38 Arrow Indications (in candelasfrn Yellow Green 11,000 11,000 3. LEDs for arrow indications shall be spread evenly across the illuminated portion of the arrow area. Arrow LED traffic signal lamp units shall be tested in onformance with CALTRANS method 606 or similar procedure. Arrow LED traffic signal lamp units shall be designed so that when operated over the specified ambient temperature and voltage ranges, the signal is clearly visible and attracts attention for a distance of at least 1300 feet (400 meters) under normal atmospheric conditions. Arrow LED traffic signal lamp units shall have 3 rows of LEDs only. 4. Measured chromaticity coordinates of LED traffic signal lamp units shall conform to the chromaticity requirements of the following table, for a minimum period of 60 months, over an operating temperature range specified in section "D". Each LED traffic signal lamp unit shall meet the minimum requirements for light output for the entire range from 80 to 135 volts. Chromaticity Standards Red Y. not greater than 0.308 or less than 0.998 - x Yellow Y: not less than 0.411 nor less then 0.995 - x nor less than 0.452 Green Y: not less than 0.506 - 0.519x nor less than 0.150 + 1.068x nor more than 0.730 5. LED pedestrian signal lamp units shall be designed so that when operated over the specified ® ambient temperature and voltage ranges, the signal shall attract the attention of, and be readable to, a viewer (both day and night) at all distances from 10 feet (3 meters) to the full width of the area to be crossed. 6. The measured chromaticity coordinates of LED pedestrian signal lamp units shall conform to the chromaticity requirements of Section 5.3, Color and the associated Figure C of the PTCSI standard, for a minimum period of 60 months, over an operating temperature range specified in section "D". Each LED traffic signal lamp unit shall meet the minimum requirements for light output for the entire range from 80 to 135 volts. C. Electrical 1. Each unit shall incorporate a regulated power supply engineered to electrically protect the LEDs and maintain a safe and reliable operation. The power supply shall provide capacitor filtered DC regulated current to the LEDs per the LED manufacturer's specification. Design of the power supply shall be such that the failure of an individual component or any combination of components cannot cause the signal to be illuminated after AC power is removed. 2. The LED traffic signal lamp unit shall operate on a 60 Hz AC line voltage ranging from 80 volts RMS to 135 volts RMS. The circuitry shall prevent flickering over this voltage range. Nominal rated voltage for all measurements shall be 120 ± 3 volts RMS. 3. All unit types shall be operationally compatible with the traffic signal equipment that each type is designed and intended to interface with. This equipment includes all controllers, conflict monitors, current monitors, switch pack and flashers currently in use by the Town of Fountain Hills. The LED traffic signal lamp unit shall be operationally compatible with all TS-1, TS-2, 170 and 2070 controllers, NEMA TS-1 conflict monitors (including so-called NEMA plus E:\Bids\Kimbrell Electric Contract.doc Page 25 of 38 features such as dual indication detection and short yellow time detection); NEMA TS-2 Malfunction Management Units; and 170 cabinet Type 210ECL and 2010ECL conflict monitors (including red monitoring and so-called plus features such as dual indication detection and short yellow time detection). In the case of conflicts between specifications, the latest Scottsdale specifications will control. 4. The individual LED light sources shall be wired so that a catastrophic failure of one LED light source will not result in the loss of more than 1 LED light source in the LED signal lamp unit. 5. Two, captive, color -coded, 600 V, 20 AWG minimum jacketed wires, 3 feet (0.9 m) long, conforming to the National Electric Code, rated for service at 221 degrees F (105 degrees C), are to be provided for an electrical connection. 6. The LED signal shall operate with a minimum 0.90 power factor. 7. Total harmonic distortion (current and voltage) induced into an AC power line by a signal lamp unit shall not exceed 20 percent. 8. LED signal lamp units and associated on -board circuitry shall conform to the requirements in Federal Communications Commission (FCC) Title 47, SubPart B, Section 15 regulations concerning the emission of electronic noise. 9. The LED signal lamp units shall incorporate circuitry to ensure that they show no evidence of illumination for input voltages below 35 volts. LED signal lamp units shall be illuminated (unregulated illumination) for all input voltages higher than 45 volts AC but less than 80 volts AC. They shall have fully regulated illumination for applied voltages of 80 volts through 135 volts AC. Proof of the intended function of this circuitry shall be accomplished by connecting the lamps to a variable voltage source and slowly raising the applied voltage from zero volts up to 135 volts, and then slowly lowering the applied voltage from 135 volts to zero volts. 10. Proposed LED signal lamp units shall be less than or equal to the base wattage shown below at 77 degrees F (25 degrees Q. Retrofit Wattage 12' Red Ball 12 or less 12' Yellow Ball 22 or less 12- Green Ball 15 or less 12' Yellow Arrow 10 or less 12" Green Arrow 1 9 or less D. Environmental Requirements 1. Green and red LED traffic signal lamp units shall be rated for use in the ambient operating temperature range of -40 degrees F to +166 degrees F (-40 degrees C to +74 degrees Q. Yellow signal lamps shall be rated at a range of —13 degrees F to +166 degrees F (-25 degrees C to +74 degrees Q. 2. The unit shall consist of a housing that is a sealed watertight enclosure that eliminates dirt contamination and allows for safe handling in all weather conditions. The LED signal lamp unit shall be sealed against dust and moisture intrusion per the requirements of NEMA Standard 250- 1991 for Type 4 enclosures to protect all internal LED and electrical components. Documentation Requirements A. Each LED traffic signal lamp unit shall be provided with the following documentation: 1. One schematic diagram shall be provided for each LED signal lamp model, along with any necessary installation instructions. E:\Bids\Kimbrell Electric Contract.doc Page 26 of 38 2. The manufacturer name, brand and model number of all LEDs used shall be provided, along with the LED manufacturer's recommended drive current and degradation curves. 3. Provide independent lab reports verifying LED signal lamp units meet or exceed all the ITE PTCSI and VTCSH Part 2 specifications for visibility, chromaticity, mechanical vibration, electronic noise, total harmonic distortion, moisture resistance, temperature, and power, etc. Warranty A. The LED signal lamp unit shall be repaired or replaced by the manufacturer if it exhibits a failure due to workmanship or material defects within the first 60 months of field operation. B. The LED signal lamp unit shall be repaired or replaced by the manufacturer if, when operating over the specified operating ambient temperature and voltage ranges, the unit does not meet or exceed all minimum luminous intensity requirements as defined in the ITE (Institute of Transportation Engineers) Interim LED Purchase Specification - Vehicle Traffic Control Signal Heads (VTCSH), Part 2: Light Emitting Diode (LED) Vehicle Traffic Signal Modules dated July 1998 during the first 60 months of field operation. C. The measured chromaticity coordinates of LED signal lamp units shall conform to the requirements for chromaticity in Section 8.04 and Figure 1 of the ITE VTCSH and the PTCSI over the temperature range provided in the specifications or the duration of the warranty period. D. The manufacturer shall provide a written warranty against defects in materials, workmanship and luminous intensity for LED signal lamp units for a period of 60 months after installation of LED signal lamp units. Replacement LED signal lamp units shall be provided within 10 days after receipt of failed LED signal lamp units at no cost to the Town, except the cost of shipping the failed units. E. An LED pedestrian signal lamp unit shall be repaired or replaced by the manufacturer if the signal lamp unit does not attract the attention of, or is not readable to, a viewer (both day and night) at all distances from 10 feet (3 meters) to the full width of the area to be crossed when operated over the specified operating ambient temperature and voltage ranges. PEDESTRIAN SIGNALS Each pedestrian push button and sign assembly shall be one large button frame conforming to ADOT Standards and a special man/hand instructional sign (City of Scottsdale "Pedestrian -Push - Button -Placard" design. Pedestrian button sign shall be same size and design as the signs provided for large pedestrian button framework. The message plate shall be 1/8-inch nominal thickness ultraviolet -stabilized, prismatic -patterned polycarbonate plastic; 3/16-inch nominal thickness hammered wire -glass; or 3/16-inch nominal thickness ultraviolet -stabilized, prismatic -patterned acrylic surface over the entire projected area except where the symbols are located. The material used to mask the message plate shall be hard and durable and shall bond such that it will not flake or peel when the message plate is in use or is washed. The symbols shall be the only illuminated portion of the message plate. The message plate shall be sealed to a polycarbonate case to form a dust -tight and weatherproof module. The module shall contain and properly support the luminous tubing and power supplies. E:\Bids\Kimbrell Electric Contract.doc Page 27 of 38 LUMINAIRES Luminaires shall conform to the provisions of Section 736-2.01 of ADOT Standard Specifications and these Special Provisions. No part of the slipfitter mounting brackets on the Luminaires shall develop a permanent set in excess of 0.020-inch when the four 3/8 inch diameter cap screws used for mounting are tightened to a torque of 10 foot-pounds. Intersection lighting shall be 120 volts, 250 watt, two door, 90 degree cutoff with filter. Luminaire control shall be one photocell for each luminaire located in the power pedestal with a test switch to control both the luminaries and the IISNS. SERVICE Service shall conform to the provisions in Section 732-3.04 "Service", of ADOT Standard Specifications and these Special Provisions. Meter address shall be inscribed on the service meter box. Contractor shall arrange with SRP to complete service connection. Such request shall be submitted not less than 14 days before service connections are required. A 4-hour UPS (emergency power backup) unit and a generator receptacle shall be included in the service cabinet. SIGN PANELS AND REFLECTIVITY All sign panels shall conform to ADOT Standard Specifications for Road and Bridge Construction 608-1, fabricated from aluminum extrusions from aluminum alloy 6063-T6, conforming to the requirements of ASTM B221, and fastened together by bolt connections as shown on plans. Reflective sheeting shall be high intensive reflective sheeting with white lettering and shall conform to the requirements of Section 1007 of the ADOT Standard Specifications for Roads and Bridge Construction. The colors of the signs shall match visually and be within the color tolerance limits of the Federal Highway Administration color tolerance charts. VIDEO DETECTION SYSTEM 1. Video Detection - General This specification sets forth the minimum requirements for a system that detects vehicles on a roadway using only video images of vehicle traffic. 1.1. System Hardware The video detection system shall consist of one or two video cameras, a video detection processor (VDP) which mounts in a standard detector rack; a detector rack mounted extension module (EM), and a pointing device. E:\Bids\Kimbrell Electric Contract.doc Page 28 of 38 1.2. System Software The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only an on board video menu and a pointing device to place the zones on a video image. Up to 24 detection zones per camera shall be available. A separate computer shall not be required to program the detection zones. 2. Functional Capabilities 2.1. The VDP shall process video from one or two sources, as specified. The source can be a video camera or video tape player. The video shall be input to the VDP in RS 170 format and shall be digitized and analyzed in real time. Dual video VDP's shall process images from both inputs simultaneously. 2.2. The VDP shall detect the presence of vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. 2.3. Detection zones shall be programmed via an on board menu displayed an a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of detection zones and setting of zone parameters or to view system parameters. A separate computer shall not be required for programming detection zones or to view system operation. 2.4. The VDP shall store up to three different detection zone patterns. The VDP can switch to any one of the three different detection patterns within 1 second of user request via menu selection with the pointing device. 2.5. The VDP shall detect vehicles in real time as they travel across each detector zone. 2.6. The VDP shall have an RS232 port for communications with an external computer. The VDP RS232 port shall be multi -drop compatible. 2.7. The VDP shall accept new detector patterns from an external computer through the RS-232 port when the external computer uses the correct communications protocol for downloading detector patterns. A Windows based software designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. E:\Bids\Kimbrell Electric Contract.doc Page 29 of 38 2.8. The VDP shall send its detection patterns to an external computer through the RS-232 port when requested when the external computer uses the appropriate communications protocol for uploading detector patterns. 2.9. The extension module (EM) shall be available to avoid the need of rewiring the detector rack, by enabling the user to plug an extension module into the appropriate slot in the detector rack. The extension module shall be connected to the VDP by an 8-wire cable with modular connectors. VDP and EM communications shall be accommodated by methods using differential signals to reject electrically coupled noise. The extension module shall be available in both 2 and 4 channel configurations. EM configurations shall be programmable from the VDP. 2.10. The camera system shall be able to transmit an NTSC video signal, with minimal signal degradation, up to 1000 feet under ideal conditions. 2.11. The associated VDP shall default to a safe condition, such as a constant call on each active detection channel, in the event of loss of video signal. 2.12. The system shall be capable of automatically detecting a low -visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user -selected output shall be active during the low -visibility condition that can be used to modify the controller option if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low -visibility condition no longer exists. 3. Vehicle Detection 3.1. A minimum of 24 detection zones shall be supported and each detection zone shall be user definable in size and shape to suit the site and the desired vehicle detection region. 3.2. A single detection zone shall be able to replace multiple inductive loops and the detection zones shall be OR'ed as the default or may be AND'ed together to indicate vehicle presence on a single phase of traffic movement. 3.3. Placement of detection zones shall be done by using only a pointing device, and a graphical interface built into the VDP and displayed on a video monitor, to draw the detection zones on the video image from the video camera. No separate computer shall be required to program the detection zone. EABids\Kimbrell Electric Contract.doc Page 30 of 38 3.4. A minimum of 3 detection zone patterns shall be saved within the VDP memory. The VDP's memory shall be non-volatile to prevent data loss during power outages. The VDP shall continue to operate (e.g. detect vehicles) using the existing zone configurations even when the operator is defining/modifying a zone pattern. The new zone configuration shall not go into effect until the configuration is saved by the operator. 3.5. The selection of the detection zone pattern for current use shall be done through a menu or remote computer via RS-232 port. It shall be possible to activate a detection zone pattern for a camera from VDP memory and have that detection zone pattern displayed within 1 second of activation. 3.6. When a vehicle is detected crossing a detection zone, the corners of the detection zone will flash on the video overlay display screen to confirm the detection of the vehicle. 3.7. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow, or fog). Detection accuracy is dependent upon site geometry; camera placement, camera quality and detection zone location, and these accuracy levels do not include allowances for occlusion or poor video due to camera location or quality. 3.8. Detector placement shall not be more distant from the camera than a distance of ten times the mounting height of the camera. 3.9. The VDP shall provide up to 24 channels of vehicle presence detection per camera through a standard detector rack edge connector and one or more extension modules. 3.10. The VDP shall provide dynamic zone reconfiguration (DZR) to enable normal detector operation of existing channels except the one where a zone is being added or modified during the setup process. The VDP shall output a constant call on any detection channel corresponding to a zone being modified. 3.11. Detection zone setup shall not require site specific information such as latitude, longitude, date and time to be entered into the system. 3.12. The VDP shall output a constant call for each enabled detector output channel if a loss of video signal occurs. The VDP shall output a constant call during the background learning period. E:\Bids\Kimbrell Electric Contract.doc Page 31 of 38 3.13. Detection zone outputs shall be configurable to allow the selection of presence, pulse, extend, and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 to 25.0 seconds. 3.14. Up to six detection zones shall be capable to count the number of vehicles detected. The count value shall be internally stored for later retrieval through the RS-232 port. The data collection interval shall be user definable in periods of 5, 15, 30, or 60 minutes. 4. VDP and EM Hardware 4.1. The VDP and EM shall be specifically designed to mount in a standard TS-1, TS-2, 170 type detector rack, using the edge connector to obtain power and provide contact closure outputs. No adapters shall be required to mount the VDP or EM in a standard detector rack. Detector rack rewiring shall not be required or shall be minimized. 4.2. The VDP and EM shall operate in a temperature range from -34°C to +74°C and a humidity range from 0%RH to 95%RH, non -condensing. 4.3. The VDP and EM shall be powered by 12 or 24 volts DC. These modules shall automatically compensate for the different input voltages. 4.4. VDP power consumption shall not exceed 300 milliamps at 24 VDC. The EM power consumption shall not exceed 120 milliamps at 24 VDC. 4.5. The VDP shall include an RS232 port for serial communications with a remote computer. The VDP RS232 port shall be multi -drop compatible. This port shall be a 9-pin "D" subminiature connector on the front of the VDP. 4.6. The VDP shall utilize flash memory technology to enable the loading of modified or enhanced software through the RS232 port without modifying the VDP hardware. 4.7. The VDP and EM shall include detector output pin out compatibility with industry standard detector racks. 4.8. The front of the VDP shall include detection indications, such as LSD's, for each channel of detection that display detector outputs in real time when the system is operational. E:\Bids\Kimbrell Electric Contract.doc Page 32 of 38 4.9. The front of the VDP shall include one or two BNC video input connection suitable for RS 170 video inputs as required. The video input shall include a switch selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection. Video must be inputted via a BNC connector on the front face of the processor. RCA type connectors/jacks for video input are not allowed. Video shall not be routed via the edge connectors of the processor. 4.10. The front of the VDP shall include one BNC video output providing real time video output that can be routed to other devices. A RCA type connetor/jack for video output is not allowed. 4.11. The front panel of the VDP and EM shall have a detector test switch to allow the user to place calls on each channel. The test switch shall be able to place either a constant call or a momentary call depending on the position of the switch. 5. Video Detection Camera 5.1. The video cameras used for traffic detection shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operation. 5.2. f The camera shall produce a useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range from nighttime to daytime, but not less than the range 0.1 lux to 10,000 lux. 5.3. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines horizontal. 5.4. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris. Auto -iris lenses are not allowed. 5.5. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening up the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view shall be adjustable from 8.1 to 45.9 degrees. A single camera configuration shall be used for all approaches in order to minimize the setup time and spares required by the user. 5.6. The camera electronics shall include AGC to produce a satisfactory image at night. E:\Bids\Kimbrell Electric Contract.doc Page 33 of 38 5.7. The camera shall be housed in a weather -tight sealed enclosure. The housing shall be field rotatable �r to allow proper alignment between the camera and the traveled road surface. 5.8. The camera enclosure shall be equipped with a sunshield. The sunshield shall include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure with sunshield shall be less than 6" diameter, less than 15" long, and shall weigh less than 6 pounds when the camera and lens are mounted inside the enclosure. 5.9. The camera enclosure shall include a thermostatically controlled heater to assure proper operation of the lens shutter at low temperatures and prevent moisture condensation on the optical faceplate of the enclosure. 5.10. When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range from -34°C to +60°C and a humidity range from 0% RH to 100% RH. 5.11. The camera shall be powered by 120-240 VAC 50/60 Hz. Power consumption shall be 15 watts or less under all conditions. 190*1 5.12. 16 Recommended camera placement height shall be 33 feet (or 10 meters) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection the camera the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not to exceed 350 feet for reliable detection (height to distance ratio of 10:100). Camera placement and field of view (FOV) shall be unobstructed and as noted in the installation documentation provided by the supplier. 5.13. The camera enclosure shall be equipped with separate, weather -tight connections for power and setup video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video at the camera while the camera is installed on a mast arm or pole using a lens adjustment module (LAM) supplied by the VDP supplier. Video and power shall not be connected within the same connector. 5.14. The video signal output by the camera shall be black and white in RS 170 or CCIR format. 5.15. The video signal shall be fully isolated from the camera enclosure and power cabling. E:\Bids\Kimbrell Electric Contract.doc Page 34 of 38 6. Installation 6.1. The coaxial cable to be used between the camera and the VDP in the traffic cabinet shall be Belden 8281 or a 75 ohm, precision video cable within 20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double -braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 100 feet at 10 MHz. Nominal outside diameter is 0.304 inches. The coax cable shall be a continuous unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75-ohm BNC plug connectors should be used at both the camera and cabinet ends. The coaxial cable, BNC connector, and crimping tool shall be approved by the supplier of the video detection system, and the manufacturer's instructions must be followed to ensure proper connection. 6.2. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary. 6.3. The video detection system shall be installed by the supplier factory certified installers and as recommended by the supplier and documented in installation materials provided by the supplier. Proof of factory certification shall be provided. 7. Limited Warranty 7.1. The supplier shall provide a limited two-year warranty on the video detection system. See suppliers standard warranty included in the Terms and Conditions of Sale documentation. 7.2. During the warranty period, technical support shall be available from the supplier via telephone within 4 hours for the time a call is made by a user, and this support shall be available from factory - certified personnel or factory -certified installers. 7.3. During the warranty period, updates to VDP software shall be available from the supplier without charge. 8. Maintenance and Support 8.1. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be available for delivery within 30 days of placement of an acceptable order at the supplier's then current pricing and terms of sale for said parts. E:\Bids\Kimbrell Electric Contract.doc Page 35 of 38 8.2. The supplier shall maintain an ongoing program of technical support of the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of an acceptable order at the supplier's then current pricing and terms of sale for on site technical support services. 8.3. Installation or training support shall be provided by a factory authorized representative. 8.4. All product documentation shall be written in the English language. E:\Bids\Kimbrell Electric Contract.doc Page 36 of 38 SECTION 3 - MISCELLANEOUS All construction work will be performed by Contractor forces or under subcontract to the Contractor. The Town assumes no responsibility or bears any liability for performance of the signal construction or signing and marking work that will be performed by the Contractor or its Subcontractor. All traffic signal construction related work should be performed under the direct supervision of a Certified Level II Electrical Technician or Registered Professional Engineer, in accordance with Arizona State Board of Technical Registration requirements. The contractor shall obtain such manufacturers or producer's warranties or guaranties on all items, materials, electrical or mechanical equipment consistent with those provided as customary trade practice. The form in which such warranties or guaranties are delivered to the contractor shall include the provision that they are subject to transfer to the TOWN OF FOUNTAIN HILLS and shall be accompanied by proper validation of such fact. Transfer of warranties or guaranties shall occur at the time of final acceptance of the work or equipment by the TOWN. In addition the contractor shall warranty or guaranty a satisfactory in service operation of all structural, mechanical, and electrical equipment and related components provided as part of this project for a period of 12 months following project acceptance. Should any defect develop during the 12-month period, the malfunction or defect shall be corrected by and at the expense of the contractor, including all labor, material and associated costs. EABidAY,imbrell Electric Contract.doc Page 37 of 38 Kimbrell Electric, Inc 7593, North 73rd Drive Glendale, AZ 85303 TRAFFIC SIGNAL CONSTRUCTION PIN 2004-03 Bid Schedule Phone 602-265-2111 Fax 623-931-9963 Item No Item Description Qty. Unit Unit Price Amount 1 Remove & Salvage Existing Signs and Poles 1 Lump Sum 567.39 $5$-7-$ 2 Warning Sign Panel 22.5 S . Ft. 26.54 $597.15 3 Perforated Sign Post 70 LF 19.64 $1,374.80 4 Pavement Markings 6" Solid Lane Line (Thermoplastic) 535 LF 2.95 $1,578.25 5 Pavement Markings Solid Lane Arrow (Thermoplastic) 3 EA 141.55 $424.65 6 Raised Pavement Markers 32 EA 5.90 $188.80 7 Obliterate Pavement Marking 215 LF 3.83 $823.45 8 Pole (Type R) 4 EA 4,013.50 $16,054.00 9 Pole Foundation (Type R) 4 EA 1,415.54 $5,662.16 10 Luminaire Mast Arm 20' 4 EA 569.75 $2,279.00 11 Signal Mast Arm 45' 2 EA 4,028.38 $8,056.76 12 Signal Mast Arm 55' 2 EA 5,585.48 $11,170.96 13 Luminated Sign Fixture 4 EA 2,569.79 $10,279.16 14 Lighting Pole Extension 4 EA 5.00 $20.00 15 Electrical Conduit(3") Schedule 80 PVC 405 LF 17.25 $6,986.25 16 Electrical Conduit(4")-Schedule 80 PVC 53 LF 10.79 $571.87 17 Electrical Conduit(5") Schedule 80 PVC 2 LF 29.49 $58.98 18 Pull Box ( No. 5) 5 EA 194.64 $973.20 19 Pull Box ( No.7) 1 EA 442.36 $442.36 20 Conductors 1 Lump Sum 7,615.59 $7,615.59 21 Traffic Signal Face (Type F) 11 EA 470.08 $5,170.88 22 Traffic Signal Face (Type R) 8 EA 442.06 $3,536.48 23 Traffic Signal Face (Pedestrian Man/Hand) 8 EA 304.93 $2,439.44 24 Traffic Signal Mounting Assembly (Type II) 11 EA 70.48 $775.28 25 Traffic Signal Mounting Assembly (TypeV) 8 EA 160.43 $1,283.44 26 Traffic Signal Mounting Assembly (Type VII) 8 EA 175.17 $1,401.36 29 Controller Cabinet(Model330)w/Controller (Type 170E w/HC-11 1 EA 9,497.37 CPU Board & w/ Conrtoller Cabinet Extender Base) $9,497.37 30 Control Cabinet Foundation 1 EA 589.81 $589.81 31 Meter Pedestal Cabinet 1 EA 6,000.00 $6,000.00 32 Meter Pedestal Foundation 1 EA 370.40 $370.40 33 Model 400 Interconnect Modem 1 EA 255.98 $255.98 34 Video Detection System 1 Lump Sum 22,577.83 $22,577.83 35 Pedestrian Pushbutton w/placard 8 EA 150.40 $1,203.20 36 Opticom Preemption System 1 Lump Sum 6,874.79 $6,874.79 37 Luminaire (250Watt HPS Horizontal Mount) 4 EA 293.13 $1,172.52 38 Sign Lighting Fixture (150 Watt HPS) 4 EA 5.00 $20.00 39 Remove Concrete Curb 50 LF 4.42 $221.00 40 Cincrete Curb 50 LF 8.26 $413.00 41 Concrete Sidewalk 397 S . Ft 4.13 $1,639.61 42 Off Duty Police 40 Hours 47.18 $1,887.20 6141171 39 TOTAL - $14 "1& .t6- $"0,051.37 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/15/04 Submitting Department: Public Works Contact Person: Dana Burkhardt, Senior Planner Consent:® Regular:[] Requesting Action:® Tvne. of Document Needing 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 ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL AMENDED PLAT for "Four Peaks Plaza", a re -subdivision of Lots 1 & 2 of the Final Plat for "Four Peaks Plaza". Case #S2003-16. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The Barclay Group has requested to amend the final plat for "Four Peaks Plaza", which would split Lot 1 into Lots IA and 1B and split Lot 2 into Lots 2A and 2B. The purpose of this replat is to provide separate ownership for the existing and future pad buildings previously approved for these lots. The initial development approval for Lots 1 and 2 included two buildings on each lot. The developer now wants the ability to sell the properties separately, which will not change the approved plan of development or intensify the development in any way. On April 8, 2004, the Planning and Zoning Commission unanimously recommended approval of this request. List All Attachments as Follows: Staff Report; Application & Final Plat reductions Type(s) of Presentation: None Signatures of Submitting Staff: 4/' D partment Head T n Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: April 8, 2004 FR: Dana Burkhardt, Senior Planner RE: S2003-16; Preliminary and Final Replat of Four Peaks Plaza; a re -subdivision of lots 1 & 2. LOCATION: South of Shea Blvd., west of Saguaro Blvd., and north of Plats 414 and 412-A. REQUEST: Consideration of the Preliminary and Final Amended Plat of "Four Peaks Plaza", a subdivision of Lots 1 & 2 of the final plat for "Four Peaks Plaza". OWNER: Barclay Group APPLICANT: Lonny Rollins, Stantec Consulting Inc. EXISTING ZONING: "C-2" Intermediate Commercial Zoning District & "IND-1" Planned Industrial Zoning District PARCEL SIZE: 36.43 acres SURROUNDING LAND USES AND ZONING: NORTH: Shea Blvd. & Single Family Residential; zoned "R1-35" SOUTH: Firerock Industrial Centre; zoned "IND-1 RUPD" EAST: Commercial Office and Retail; zoned "C-O & C-2" WEST: Town -owned land; zoned "OSR" SUMMARY: The Barclay Group has requested to amend the final plat for "Four Peaks Plaza", which would split Lot 1 into Lots IA and 1B and split Lot 2 into Lots 2A and 2B. The purpose of this replat is to provide separate ownership for the existing and future pad buildings previously approved for these lots. The initial development approval for Lots 1 and 2 included two buildings on each lot. The developer now wants the ability to sell the properties separately, which will not change the approved plan of development or intensify the development in any way. EVALUATION: A common access and parking agreement over this entire plat remains in effect and is necessary for the retail plaza to function as designed. Staff has requested by stipulation, cross access easements over certain portions of the common lot lines to provide legal access to each lot and maintain the approved drive -aisle design. Each proposed lot meets the minimum required lot frontage width, the minimum building setbacks, and the maximum lot coverage for the plans approved for the proposed lots. If approved, each lot will require separate water and sewer laterals. The applicant will provide the additional water meters and sewer connections to serve the proposed lots. The common lot line between Lots 1B and 2A is proposed for realignment to follow the centerline of the existing drive aisle between the two lots. This realignment is recommended by staff for the purpose of "cleaning -up" the inconsistency between the development design and the existing plat. The proposed subdivision conforms to the Subdivision and Zoning Ordinances, and all other Town approved development regulations for this property, if approved with the recommended stipulations. RECOMMENDATION: The Planning & Zoning Commission unanimously recommend approval of the Preliminary Amended Plat of "Four Peaks Plaza", staff recommends Final Plat approval, with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Provide additional utility laterals to serve each individual lot, as required by the town and the utility companies. 3) Provide cross access easements over Lot 113 for access to Lot 1A, following the width and dimensions of the existing access aisles to Lot IA. 4) Provide a cross access easement on center of the common lot line between Lots 1B and 2A in width and dimension equal to the existing access aisle pavement serving these two lots. Connect the Lot IA access easement (as described in Stip. #3) to this access easement. 5) Revise the west property line of Lot 113 to maintain a minimum 60 foot lot width throughout. 11/07/03 FRI 09:44 FAX 602 431 9609 STANTEC CONSULTING,INC. Z 002 rVJV—dty—L 1MlJ Vib - 41J I uwil UI- F- 111 h I LL5 44bV d-11 (114U4 t- . UJ The Town of Fountain Hills P8A 1/02 COMMUNITY DEVELOPMENT DEPARTMENT F• offual use only Fountain Hills, Arizona Case Manager: �, `�;�w �" �'�'`S_G ''�'K`�'�i�l,�•j,'�tf.�"�"",�y�•"a'k'�;,'�":;'�'+ °-dot- •'�y"�'C�'�'�:. :'A;!.�,'P'4%.•,«- '�.F4:.-,'..itia�•T�cAPPLICATION�'�'a-*'. Area Spedfic Plan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat NATURE OF THE REQUEST. N l�A E WC> 1 k1 C1 'LAC i PROJECT NAME Mrs. Mr, Ms. Mrs. Mr. X} N F-J `1 ZC' %- l- ► t-1 " Address:j` 13� c.�� Cac Owner, oJr . 1597`i N . -77�u V Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment 7c,, S 1A!-TEC. \—) L—It,.-rqcj`W I-V' Day Phone ((f)Z 4�5 State:._ zip:fo�f� 9F�j) 596 .. -I399 Day Phon SC07T5CIA L,t State. Tin• If application is being submitted by someone other th the own of the property under consideration, the section below must be completed. SIGNATURE OF OWNER,. DATE I HEREBY AUTHORIZE�1 N Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this 4*\ day of DVe vvA v'aa,3 P7 0 My Commission Expires MarjA doo'� c01m Notary public E**" a0°' FILING DATE: ' o-j � _ FEE PAIa:'Al=. APp11COhpn Page 2 of I I E'1Fv,-%%Ger*b ApplCo IOn. pVbd C Hao"g.dOC ACCEPTED BY: ) ( . (See Fee Schedule) , 11/07/03 FRI 09:44 FAX 602 431 9609 STANTEC CONSULTINGANC. ppg NUV—bb-�ebs Idb:4J I Vwav Ur r 1 N HILL5=itsYJ�J rL4e4 r. Uv PBA 1/02 The Town of Fountain Hills LEGAL DESCRIONPGAI�S t " L �l PTI Plat Name Block Lot PROPERTY ADDRESS PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: AApliCation Page 3 of 11 E VQ,"" Gsenero Az)pjzanon . Pubk !auarng.doc PROPOSED ZONING a' ��YslsF }t iCtT a- F ateasE ji�`jr r< i- 1:i;[4ir s" � o = M p � � N o ap = Q N W n U W O 1 z N � N U W<�� W Q ti ^' z W r� O O N O V1 Q Q W Q �I W � z C, = m o C, Z � o = W N O Q O W O Z �- xU zO o W W HI W O Q �D O p W i 3 w N Q � O w 15 = m Rug 61 � (IBIS IEI�` $ S � W 8, F A If C-133HS 3NIl HUM 0 i O�S ESY� oa_ yyU:C ¢ W7� a! 1 3Vi g �FFFFFFo � i r w V I r f I o �� Q a yyggp y§ � pgli b-133HS 3Ml HO1V'N <Q k �A V• Q2' .a: °oe > J : \ e � : ?:: 4; �YY b•� i0c ia.. 1',a s'[� w Y U E- I C\ tr''�i',. Z-133HS 3NIl H31V'W 7�lit cc 77 ++ W WI=- 2C'Iypl l r. 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I � � I =DcYt�Y •� I 1 �`YtaYe:2t 1 � I gss e � L—I a Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 4/15/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® TVAe 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 Anoronriate 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 Relzular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "Brunswick Gardens Condominiums", a two -unit condominium declaration or an existing duplex located at 14033 N. Brunswick Dr., aka Plat 104, Block 2, Lot 30, Case #S2004-03. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and BackVround Information: This request is for approval of the Preliminary and Final Plat "Brunswick Gardens Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. On April 8, 2004, the Planning & Zoning Commission unanimously recommended approval of this request. List All Attachments as Follows: Staff Report; Application & Final Plat reductions Type(s) of Presentation: None Signatures of Submitting Staff: ///- 111" _2141,Aol w, 4 - Dep rtment ead Town Mana / esignee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: April 8, 2004 FR: Dana Burkhardt, Senior Planner Ob RE: Case # S2004-03; Preliminary and Final Plat Brunswick Gardens Condominiums LOCATION: 14033 N. Brunswick Drive,. aka Lot 30, Block 2, Final Plat 104. REQUEST: Consider the Preliminary and Final Plat for "Brunswick Gardens Condominiums", a 2-unit condominium project. PROJECT MANAGER: Dana Burkhardt, Senior Planner DESCRIPTION: OWNER: Barbara A. & Lee C. Christopher APPLICANT: Barbara A. & Lee C. Christopher EXISTING ZONING: 44R-2" EXISTING CONDITION: Developed LOT SIZE: 10,494 square feet (.24 acres) SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Vacant; zoned "R-2" EAST: Single -Family Residence; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Brunswick Gardens Condominiums" Declaration of Condominium, which subdivides cubic airspace, 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 owners, Barbara A. & Lee C. Christopher, have chosen to convert a two -unit residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 1,531 square feet and a minimum livable area of 1,218 square feet. Each unit has a two car garage, a covered patio, and a covered entry. The property was developed and received a certificate of occupancy prior to the Town's incorporation, under building permit #84-2257. RECOMMENDATION: Staff recommends approval of S2004-03; Preliminary and Final Plat "Brunswick Gardens Condominiums". PBA 1/02 The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat NATURE OF THE REQUEST: Sir %_ PROJECT NAME APPLICATION. „'-: Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment For Offiaai Use Only Case Manager: Mrs. Apple . .� e C r �'� S / c r� P �., IS�� h�,v;, ��I sTr' Day Phone— Mr. —� / yG Ms. Address:— 3 !�� /u�S�r�< �CtY� i y: ou4 00 z State: 1� : i/s Mrs. Owner- ti e t h P 1 Mr. Ms. Address: - mac' �1 — ('12 itv• Day Phone ?37 / 716 _ LID;------ If application is being submitted by someone other than owner of the property under consideration, the section below m,1st be completed. SIGNATURE OF OWNER C�ua DATE 2 HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of Notary Public FILING DATE: rAPPlicofion Page 2 of 11 t \Forms\Generoi ApphCat�on - PUa,C Heanng.00c My Commission Expires TO FILE THIS APPLICATION. ' -, 0 �,G. FEE PAID: ACCEPTED BY: (See Fee Schedule) 20 PBA 1 /02 The Town of Fountain Hills LEGAL DESCRIPTION �I,T ld y loCK.2 �o3T j v Plat Name Block Lot PROPERTY ADDRESS 1 #0 33 N & u j1 S all rC e PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED EXISTING ZONING: Application Page 3 of 11 c \�o=s\General Application - PubhC Heanng.cloc TRACTS PROPOSED ZONING 0 7 L ; 01T]�'lNMWVNV V CNI1133NMNB •^ u � a��3 Y��f a �� t � _ ti � s C '�� k ', IFS �.% `7� � •15 � �nC £"j9°?Y F •S a. _ � U '-??r CT !•. 'S h'S y M, ly �Yr b� ay° � F- ry y a<<£ \ ��q E 4 1 3 \ We ern i / ,e L '. l ,#avC l ISMQWMOONOO SNBGHVO MIA$Nfl I J --- --- ' IL e I � 1. S I zQ / �".4N r OY i zci E -• �- •'Y y � �Si � �'i yE'� 3 vi £b a Xf ,.1. .' r4 ! ¢x. • p� �p ! �=C 4 �a� ! M1 �jag �t}Y6Y � iv 6 c y b vY F k K u y / Pal_ < tSaak•i�� t =;a S `e� "3 � :_ �*• ya av; ��yg. lei- F PI,g3 M Yyb }J.'z fi� ��l� � . ih b.: z_Q €x '<EQl tE Yt b�'}�• #fig t s x Zia ..,bib err_ Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:® Regular:❑ Meeting Date: 4/15/04 Contact Person: Molly Bosley, Planning/Zoning Administrator Requesting Action:® Tvne of Document Needing 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: Plat Abandonment Council Prioritv (Check Annrooriate 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 Agenda Wording: CONSIDERATION of RESOLUTION 2004-23 abandoning whatever right, title or interest the town has in the "Final Replat of Lots 31 & 32", a lot join of lots 31 & 32, Final Plat 513. Case #S2004-06. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This is a request by Leslie Van Valkenberg, to abandon the "Final Replat of Lots 31 & 32", an existing one lot residential subdivision. On October 15, 1998, Town Council approved the "Final Replat of Lots 31 & 32", which is an assembly of Lots 31 and 32, Final Plat 513 (case # S98- 035). Ms. Van Valkenberg, the current property owner, wishes to abandon the current plat, and revert back to lots 31 and 32 to allow for the construction of a single-family residence on each lot. List All Attachments as Follows: Staff Report; Plat Map; Resolution; Application; Letter of Request Type(s) of Presentation: N/A Signatures of Submitting Staff: ., 41)4,.�461,mZ De artment Head ,_—•- Town Adinager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: March 29, 2004 through Tim Pickering, Town Manager FR: Molly Bosley, Planning & Zoning RE: Resolution 2004-23; Request to abandon Administrator through Tprft Ward, Director of the "Final Replat of Lots 31 & 32"; Case Public Works S2004-06. 10, LOCATION: 15226 Zamora Plaza aka "Final Replat " REQUEST: Consider the approval of Resolution 2004-23; abandonment of the "Final Replat of Lots 31 & 32", a two -lot replat of Final Plat 513, Lots 31 and 32. DESCRIPTION: OWNER: Leslie Van Valkenberg APPLICANT: Leslie Van Valkenberg EXISTING ZONING: "R1-10 PUD" EXISTING CONDITION: Undeveloped LOT SIZE: 62,329 square feet (1.43 acres) SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped, zoned "R1-10 PUD" SOUTH: Single-family residence, zoned "R1-10 PUD" EAST: Single-family residence, zoned "R1-10 PUD" WEST: Open Space SUMMARY: This is a request from Leslie Van Valkenberg to abandon the "Final Replat of Lots 31 & 32", an existing one lot residential subdivision. On October 15, 1998, Town Council approved the "Final Replat of Lots 31 & 32", which is an assembly of Lots 31 & 32, Final Plat 513. The purpose of the lot join was to allow the property owner greater flexibility to construct a single residence on the subject property. Ms. Van Valkenberg wishes to abandon the current plat, and revert back to lots 31 & 32 to allow the construction of a single-family residence on each lot. EVALUATION: The approval of this request will abandon the existing one lot plat and revert to Lots 31 & 32, Final Plat 513. Lots 31 and 32 meet the minimum required lot size and dimensions of the "R1-10 PUD" Zoning District in which they are located. If this request is approved, the development of lots 31 & 32 are required to be consistent with Section 5.11 "Land Disturbance Standards" of the Zoning Ordinance, which limits the area of disturbance to no more than four times the footprint of the structure(s) or 20% of the "hillside" (slopes over 15% gradient) and 100% of the non -"hillside" portions of the lot. Article 208 of the Subdivision Ordinance provides for the abandonment of all or part of a recorded subdivision, by Town Council approval. After Town Council approval of the Abandonment Resolution and after the abandonment resolutions are recorded with the Maricopa County Recorder's Office, the subdivision will be removed from the official maps. Staff finds that Lots 31 and 32 meet the minimum zoning regulations and site improvements are not necessary with this request. RECOMMENDATION: Staff recommends approval of Resolution 2004-23; the abandonment of the "Final Replat of Lots 31 & 32" with no stipulations. i%W �1 W1l/YiSM L.e 0. .. :Yld3e VZ N y'ZS1 - _ ny0 • d:i lv ilS 1y-d i6:i6 ^" 'T11'1N3N39YNVN R 9NIIl33NIJN3 ASHODINOW — s — 30N=aIS3d NVAADraC p �•: :a i fit \I C .t: OD m ■�. w �.� 1 Ln CO �E3E e C �T- d oT a: ZAMORA PLAZA ff — 01'0_0' V [ 63 43' / k:275.00 zz `• .. ET �ro d0 cn C*N Q o Ar 1 as e1 55� a =1 /Q as _ i J Y: _ a a�: �S V aj N6' -w �iFiyq Il. 4� II�.JJII Ei ii °Fi'. _ y .�bS �ts'e 8g 3 rc <y � �Q Zi i aRYzEd ! s �F 99b �'ys� °e ✓7 � u�� '�IM vlp yYe cl.!e 2 "'u E y s� iQQ /pYg :E_ 1 MI. !S •: is 1—. Mo bi1i��,.1.. . PI r RESOLUTION NO.2004-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING THE "FINAL REPLAT OF LOTS 31 & 32" AS RECORDED IN BOOK 387 OF MAPS, PAGE 30, OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 96-29 on September 19, 1996, adopting the Subdivision Ordinance for the Town of Fountain Hills (the "Subdivision Ordinance"); and WHEREAS, Section 208 of the Subdivision Ordinance establishes the authority and procedures for abandoning a recorded subdivision; and WHEREAS, a public hearing was held by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on April 15, 2004, regarding the abandonment of the "Final Replat of Lots 31 & 32"; and WHEREAS, the Town Council desires that the "Final Replat of Lots 31 & 32" be abandoned and revert back to the "Fountain Hills Arizona Final Plat No. 513, Lots 31 & 32." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Final Replat of Lots 31 & 32" as recorded in Book 387 of Maps, Page 30, of the Records of Maricopa County, Arizona, is hereby abandoned and reverted back to the "Fountain Hills Arizona Final Plat No. 513 Lots 31 & 32." SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, April 15, 2004. FOR THE OF FOUNT IN HILLS: TO7/ A� W. J. Ni ols, Mayor REVIEWS BY: Timothy G. Pickering, Town 9196.001V A2004-04 Abandon.res.dw/1" 4-6-04-1 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, I wn Attorney PBA 1 /02 The Town of Fountain Hills PUBLIC WORKS DEPARTMENT For Official Use Only ° Case Manager: Planning & Zoning Division that is -APPLICATION -- _ 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: 1,1/' . 0 i PROJECT NAME 17 �FvcZ(A .,4- Fi -I L ham- 1- 3 3 2. Mrs. Applicant: l �- ) iCAL Mr. ` Day Phone Address: � 1-F City: State: -— Zip: Mrs. Owner: Day Phoned-� , !_ M r. l�7` v �-v- T Ms. Address: Ito � ' (,�4 �� City: 11•�- L�, S State: %-- Zip: Ifappl/cation is being submitted by someone other Man the owner of the property under consideration, the section be/ow Quest be completed. 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 FILING DATE: FEE PAID: ACCEPTED BY: (See Fee Schedule) <Application `' „-Mol Page 2 of 7 - A�eise ZiVuir�b ,ern ' x PBA 1/02 The Town of Fountain Hills LEGAL DESCRIPTION 5-1 � - 3 •31 `--+ 3 Z I Plat Name Block Lot PROPERTY ADDRESS ( ^ -)' =9 pig PARCEL SIZE (Acres) (_ q 2) 4t- ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: E� t - I 0 PU PROPOSED ZONING S 6" 71 Application Page 3 of 7 03/29/2004 08:40 4808351299 DR L VANVALKENEERG PAGE To: Fountain Hills Town Council March 28, 2004 attn: Ms. Molly Bosley "0401-- U Fr: Leslie Van Valkenberg M4'p2 Nrq��ti��ts Re: Request for Abandonment of a Recorded Subdivision Dear Town Council, I have enjoyed living in Fountain Hills for the past five years. As I searched for a piece of property on which to build my future home, l found Lot 31A on Zamora Plaza. I discovered Lot 31A is an assembleage of Lots 31 and 32 of the originally -platted North Heights subdivision. When I reviewed the original plat, site survey and building envelope exhibits, I found Lot 32 would be the perfect place for me to build my new home and raise my young daughter. Due to the mechinism prescribed in ARS Title 28, Chapter 14, Sub -sections 26-1901 through 28-1908, it is my intent to be able to sell Lot 31 to help defray some of the costs associated with building on a hillside in a responsible and site -sensitive manner. In addition, by restoring the property to its original two lots, the community of North Heights will benefit from eliminating the one large building envelope and the potentially massive and visually obtrusive development that could have occured had the plat remained 31 A; the two smaller building envelopes will necessitate that the two homes to be built will be done in a more environmentally -sensitive manner. It is for the above reasons I request the Abandonment of a Recorded Subdivision be granted. Respectfully, _,I �v4-, 6,� Leslie Van Valkenberg 16008 E. Thistle Dr. Fountain Hills, AZ 85268 RESOLUTION NO.2004-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING THE "FINAL REPLAT OF LOTS 31 & 32" AS RECORDED IN BOOK 387 OF MAPS, PAGE 30, OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 96-29 on September 19, 1996, adopting the Subdivision Ordinance for the Town of Fountain Hills (the "Subdivision Ordinance"); and WHEREAS, Section 208 of the Subdivision Ordinance establishes the authority and procedures for abandoning a recorded subdivision; and WHEREAS, a public hearing was held by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on April 15, 2004, regarding the abandonment of the "Final Replat of Lots 31 & 32"; and WHEREAS, the Town Council desires that the "Final Replat of Lots 31 & 32" be abandoned and revert back to the "Fountain Hills Arizona Final Plat No. 513, Lots 31 & 32." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the "Final Replat of Lots 31 & 32" as recorded in Book 387 of Maps, Page 30, of the Records of Maricopa County, Arizona, is hereby abandoned and reverted back to the "Fountain Hills Arizona Final Plat No. 513 Lots 31 & 32." SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, April 15, 2004. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk WYIEWED B Timothy G. Aickering, Town 9196.001\..\2004-04 4-6-04-1 APP VED AS TO FORM: Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 4/15/04 Contact Person: Tom Ward Requesting Action:® TVDe 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: Council Prioritv (Check Annronriate 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 changing the STREET NAME "Stewart Vista Avenue" to "Paul Nordin Parkway". Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Council has previously approved providing a memorial to former Town Manager, Paul Nordin. As part of this memorial, the Employee Services Committee is requesting, and staff is recommending, approval to change the street name of Stewart Vista Avenue (which is in Plat 208) to Paul Nordin Parkway. It was decided to change the name of Stewart Vista Avenue, as this street leads directly to the park that will be in the Town Center complex. Renaming the street affects five (5) addresses — none of which are currently constructed. List All Attachments as Follows: Staff memo, map Type(s) of Presentation: Signatures of Submitting Staff: I Budget Review (if item not budgeted or exceeds budget amount) E TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Honorable Mayor and Town Council DATE: March 23, 2004 FR: Employee Services Committee RE: Street Name Change, Stewart Vista Avenue within Plat 208 to Paul Nordin THROUGH: Tim Pickering Parkway Tom Ward Randy Harrel Council has previously approved providing a memorial to former Town Manager, Paul Nordin. As part of this memorial, the Employee Services Committee is requesting, and staff is recommending, approval to change the street name of Stewart Vista Avenue (which is in Plat 208) to Paul Nordin Parkway. It was decided to change the name of Stewart Vista Avenue, as this street leads directly to the park that will be in the Town Center complex. Renaming the street affects five (5) addresses — none of which are currently constructed. If the Town Council approves this street name change, staff will notify adjacent property owners, as well as the affected utilities, emergency services, and other governmental agencies in accordance with our standard procedure for street name changes. The Street Department will replace the applicable street name signs. It is a possibility that Mrs. Nordin may be moving to Utah this summer. Therefore, it is the Committee's intent to complete this street name change as soon as possible to allow the Nordin family to attend any memorial dedication. Staff recommends approval of the street name change from Stewart Vista Avenue to Paul Nordin Parkway. Att: Map C: Tony Marchese, Street Superintendent Joan McIntosh, Human Resources Administrator Ken Valverde, Engineering Technician/CAD MCO Properties Inc. (Plat 208, Block 7, Lots 1, 2 & 3) Fountain Hills Hotel Developers, LLC (Plat 208, Block 7, Lot 4) El Lago Road LLC (Plat 208, Block 8) EADept Corr\Tom Ward\Street Name Change.doc • • III r III D N jj o W I W r j 0 I � III (ABANDONED) VERDE RIVER. DR III ml r of j oI Ijl II r � D N O W W 0 W e • I I I I I I •� I I � I I i I z Z m I I I i i Z m o m A m r D 0 � D n O � 0 DI Z m `I W r N j I �. -j :VERDE RIVER DR --------------- -------�-- --- IZI I I >� I I0j l ■ ■ I l of ■ I A � I m l l I ■ IZI n W N I IZI D >I � W I I IZj j j j ■ ICI I � I j I I I j j l l I l j l I ��■■�■■■■� ----------------------------�--- SAGUARO BLVD — �30ayd 03NM0 NMOl Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:® Meeting Date: 4/15/04 Contact Person: Tim Pickering, Town Manager Requesting Action:® Tvne of Document Needing Aimroval`(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 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 Regular Agenda Wording: CONSIDERATION of approving a contract with Maximus, Inc. for strategic planning services in the amount of $104,678. Staff Recommendation: Approve Fiscal Impact: Yes $104,678 Purpose of Item and Background Information: The Town Council established the completion of a community -wide strategic plan by July 2005 as one of its primary goals for FY 2004-2005. The Town released Requests for Proposals (RFP) on February 3, 2004 and again on March 8, 2004 (after revising the development timeline) to individuals and firms qualified to prepare a strategic plan. The Town received three responses to the request by the original February 17, 2004 deadline and two responses to the revised RFP by the March 26, 2004 deadline. Upon review of these proposals, staff concluded there was only one firm (Maximus) that met the primary goals and intent of the Town in regards to the emphasis and development of the strategic plan. Staff is recommending Town Council approve the proposal submitted by Maximus, Inc. at a cost of $104,678. Mr. Joel Nolan, a local representative from the Arizona branch of Maximus, Inc. will be present to answer any questions you may have. List All Attachments as Follows: Staff Report; Maximus Proposal, Professional services agreement Type(s) of Presentation: oral Signatures of Submitting Staff: C� • ��yt 'a�' l�i�-lid;' Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF PLANNING AND ZONING INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: April 5, 2004 FR: Molly Bosley, Planning & Zoning RE: Strategic Plan Recommendation Administrator on behalf of Sue Stein and Janice Abramson Staff recommends consideration and approval of a proposal by Maximus to develop a strategic plan for the Town of Fountain Hills. On March 8, 2004, staff released a revised Request for Proposals (RFP) for the development of a strategic plan for the Town of Fountain Hills. The Town received two responses to the request by the March 26, 2004 deadline. Responses were received from the following firms: Maximus (Dallas, TX) for $104,678 and The Institute of Cultural Affairs, ICA, for $99,760. (Maximus revised their original proposal after meeting with staff to clarify the Town's objectives). Staff (along with a volunteer resident Ms. Janice Abramson) met on April 5, 2004 to discuss the two proposals submitted in the second round of the RFP. After a thorough review of the proposals, the following benefits and negatives to each proposal were identified. ICA (Proposal Cost = $99,760) Benefits Negatives Clearly understands the Town's desires ■ Lacks Council involvement and for public involvement and the public demonstrated understanding of the involvement process. strategic planning process. ■ Arizona based firm. ■ Lacks discussion on how survey will be developed and implemented. ■ Understanding of facilitation and ■ Probability for hidden costs is high — ability to train volunteer and staff proposal recommends mass mailings, facilitators. survey development, staff time, etc. ■ Project completed within desired ■ Underestimates staff resources needed timeline. for project management / coordination. ■ No discussion of performance measures. Maximus (Proposal Cost = $104,678) Benefits Negatives ■ Demonstrated clearer understanding of ■ Added additional opportunities for the development of strategic plan. public involvement, but opportunities not as developed as ICA. ■ Better understanding of survey ■ Dallas based firm (but does provide a development and method to accomplish local contact for project management task. and quality control). ■ Proposal discusses the development of performance measures (benchmarks) to be utilized during implementation. ■ Project completed within required timeline. ■ Proposal requires the Town designate a full or near full-time person for coordination. The review team identified several weakness in both proposals including the following: ■ Staff resources — Both proposals will require significant staff resources to manage this project. The Town's budget for this project should reflect the additional cost of additional full or part-time support. One recommendation provided by the review committee is the hiring of an additional employee to assist in the project coordination. ■ Council involvement — Both proposals lack council involvement during the development of the plan. Council involvement, and the ability for council to develop "ownership" of the project, will be critical to the ultimate success of the project. Although no one proposal presented all the objectives the Town desired, the review committee determined Maximus would be the most qualified firm to work with the Town of Fountain Hills on the development of our strategic plan based on the following identified factors: ■ Clear understanding of the process needed for the development of a strategic plan. ■ Knowledge and established process for reaching citizens through the use of a survey tool. ■ Inclusion of all specified objectives by the Town of Fountain Hills into the strategic planning document, including public participation, the development of priorities and a five-year implementation plan, and the integration of performance measures to be used by the Town in monitoring the progress of the strategic plan. EAStrategic Plan RFP\Strategic Plan Commitee Recommendation 04-05-04.doc ,%. TOWN OF FOUNTAIN HILLS OFFICE OF PLANNING AND ZONING INTER OFFICE MEMO TO: Honorable Mayor and Town DT: February 25, 2004 Council through Tim Pickering, Town -Manager FR: Molly Bosley, Planning & Zoning RE: Update on Strategic Plan Administrator On February 3. 2004, staff released the Request for Proposals (RFP) for the development of a strategic plan for the Town of Fountain Hills to 10 individuals / firms. The Town received three responses to the request by the February 17, 2004 deadline. Responses were received from the following firms: Maximus (Dallas, TX) for $144,383, HSE - Hutchinson, Shockey, Erley, & Co. (Phoenix, AZ) for $48,700, and the Nichols Group (Phoenix, AZ) for $80,250. Upon review of these proposals, staff (along with a volunteer resident Ms. Janice Abramson) concluded there was only one firm (Maximus) that met the primary goals and intent of the Town in regards to the emphasis and development of the strategic plan. Staff is to meet with Maximus to further clarify the Town's objectives, with emphasis placed on the need for substantial public involvement, and ask for a resubmittal of their proposal to more closely align with our needs and possibly reduce their costs. This meeting has been scheduled for March 8, 2004. In addition, staff is currently seeking other qualified firms and/or individuals to determine interest and availability in facilitating our strategic planning process. Tentatively, a Council Workshop has been scheduled for March 11, 2004 and will be dedicated for discussion of the strategic plan. Additional information will be provided prior to the meeting. EATown Council Reports\.Strategic Plan Status Report.doe "%W A PROPOSAL TO PROVIDE STRATEGIC PLANNING SERVICES TO THE TOWN OF FOUNTAIN HILLS MAXIMUS IIELPLYGGOVERNMENTSF_RDET11F. PEOPLE © 2004 13601 Preston Road, Suite 40OW Dallas, Texas 75240 Voice: 972-490-9990 Fax: 972-490-3040 This document contains proprietary information. Please contact MAXIMUS before releasing any part of the proposal. Table Of Contents 1. Our Understanding of Your Needs 1 2. Qualifications 3 2.1. Overview of MAXIMUS, Inc. 3 2.2. ETC Institute Overview 5 2.3. Team Qualifications Summary 6 2.4. Team Organization, Roles & Resumes g 2.5. Skill Set Summary 18 3. Proposed Plan of Action 19 4. Detailed Statement of Work 22 4.1. Phase 1 — Complete Initial Discovery 22 4.2. Phase 2 — Finalize the Strategic Plan Design 26 4.3. Phase 3 — Develop the Strategic Plan 27 4.4. Phase 4 — Deploy the New Strategy (Future Scope) 30 �%w 5. Timeline & Fees 31 5.1. Project Timeline 31 5.2. Fees & Expenses 32 6. Credentials & References 34 6.1. MAXIMUS Credentials 34 6.2. ETC Institute Credentials 37 7. Designation of Project Manager 43 Town of Fountain Hills Strategic Planning Proposal MAXIMIN 1. OUR UNDERSTANDING OF YOUR NEEDS In today's era of resource scarcity and rising constituent expectations, local government organizations must be managed and led strategically. MAXIMUS understands that the leadership of the Town of Fountain Hills intends to engage the town organization and the community at large in a comprehensive strategic planning process. The stated or implicit purposes of the strategic planning effort envisioned by the Town of Fountain Hills include: ■ Development and articulation of a clear strategic vision, supported by a concrete mission statement and objectives aligned with that vision ■ Development of a workable framework for the effective allocation of the town's resources ■ Demonstration of the town's commitment to public involvement and, in so doing, build a community base of support for needed public service and facility enhancements ■ Establishment of a foundation for improved operational performance and management accountability ■ Provision of a mechanism for skill building and knowledge transfer to enhance internal capabilities and to create capacity to sustain the strategic management process over time. More particularly, we understand the scope of this project to encompass the following: ■ A discovery phase, in which the consulting team will collect and analyze an extensive amount of data about the Fountain Hills community and town organization and will complete an assessment of the external environment in which the government must effectively operate ■ A design phase, which involves application of the data gathered through the discovery phase to finalize the design of the strategic plan and program of activities to complete that plan as designed ■ A development phase, which results in the actual preparation, review and adoption of the Fountain Hills strategic plan in a highly inclusive manner. A future phase, deployment, is outside of the immediate scope of this effort and involves the actual implementation, operational ization and refreshing of the strategic plan over time. R Fri low Town of Fountain Hills Strategic Planning Proposal The town should expect that the strategic planning methodology described in this proposal will result, at a minimum, in: ■ Development of a fact -based planning process, including identification and incorporation of stakeholder interests — both external and internal ■ Documentation of an inventory of community needs and wants, along with an assessment of the community's willingness to support projects financially ■ Gap analysis contrasting desired or expected results to actual results in service, project or program areas identified as strategic to the town ■ Embedding measures to support processes for continuous improvement, communication and organizational change management within the adopted strategic plan Some of the techniques we will apply include: ■ Market research and stakeholder outreach using a combination of techniques including focus groups, community meetings, statistically valid surveys, individual interviews, etc. Both internal and external stakeholders will be included ■ Identification and appropriate inclusion of key strategic partner (i.e. county, schools, chamber of commerce, state government, non profits, etc.) ■ High-level assessment of current operational results and organizational performance using selective benchmarking and best practices research as needed ■ Identification of strategic project and/or program goals and objectives ■ Recommendations for alignment of town organizational structures, business processes and governance methods with its strategic purposes ■ Recommendations for continuous improvement and change management methods to support and sustain strategic management from year to year. -2- Town of Fountain Hills Strategic Planning Proposal 2. QUALIFICATIONS Deployment of a consulting team with the proper mix of skills and experience is crucial to the success of any project. Today's competitive environment requires organizations to continually reinvent themselves for tomorrow. To succeed, both public and private organizations must strategically target and service their customers more effectively and efficiently than others in the marketplace. MAXIMUS fully understands this market dynamic and has assembled a world -class team to support Fountain Hills's strategic planning effort. That team is led by MAXIMUS, Inc. and also includes the ETC Institute — a highly regarded public sector market research organization Our proposed engagement team leaders: David Eisenlohr from MAXIMUS and Ron Vine from ETC; offer more than 50 years of combined hands-on management and consulting experience in the local government sector. These professionals have a long-standing working relationship and have joint and separate experience on a wide variety of strategic and operational engagements for local government clients. They have helped these clients to: ■ Establish and clearly articulate strategic vision, create mission statements and identify and prioritize strategic objectives ■ Develop market research and stakeholder involvement programs to provide decision makers with fact -based insights into the needs and expectations of their communities ■ Improve organizational performance and public confidence by establishing performance targets and measurement programs consistent with strategic goals ■ Enhance program effectiveness and public accountability by promoting a new focus on results, service quality, and customer satisfaction. Since MAXIMUS has has developed a history OVERVIEW OF MAXIMUS , INC. of thousands of satisfied clients, which include Since our founding in 1975, MAXIMUS has been dedicated to state governments, cities supporting state and local agencies through the complex and changing and counties, the federal world in which interrelated government services programs must work government, institutions together to provide service to the public. With the mission and corporate of higher learning, school districts, non-profit focus of "Helping Government Serve the People �, " MAXIMUS has organizations, and established a solid reputation and broad scope of experience in foreign governments. supporting government agencies. We are the nation's largest consulting g firm devoted exclusively to assisting local and state government organizations in providing services to their constituents. Our history of dedication and commitment to the needs of government sets MAXIMUS apart from our competitors. -3- R 9 Town of Fountain Hills w - Strategic Planning Proposal MAX1MCl'_ Our success is measured by how we make lives better. Time and again, MAXIMUS has continued to deliver on the promise of our mission. MAXIMUS provides a broad array of consulting services including Further information about strategic planning, operational review and assessments, revenue MAXIMUS and its maximization analyses, and user fee studies. MAXIMUS provided services are available on services to over 3,000 clients in fiscal year 2003. Our service to these the Internet at: clients has helped them provide higher quality of public services to their www.maximus.com citizens in a cost efficient manner. MAXIMUS currently has more than 5,400 employees, and has had an average of 4,900 employees over the past three years. Our staff are based in over one hundred offices in 34 states. This includes an office in Phoenix, which will be responsible for local liaison and quality assurance on this project. 2.1.1 Financial Strength MAXIMUS is a financially strong company. Our revenues have grown from $100 million in FY 1995 to more than $600 million projected this year. We have been profitable for 27 years and enjoy a very strong balance sheet, with a net worth of approximately $302 million. Presently, MAXIMUS commands a high financial rating from Dun & Bradstreet, reflecting their assessment of both our financial statements and credit worthiness as strong. Detailed financials are available for review by checking under symbol MMS. As a public company, our finances are fully disclosed to the Securities and Exchange Commission. Our financial strength is further evidenced by our selection by Business Week magazine as one of the hot growth companies for 2002. MAXIMUS was ranked 30th overall. This was the fourth year in a row that the Company has been so selected by the magazine. Further, MAXIMUS is one of only two companies to have made the list for four consecutive years. Our most recent financial report available on our web site, www.maximus.com. 2.1.2 The Consulting Services Group of MAXIMUS The MAXIMUS The Consulting Services Group of MAXIMUS will be responsible for Consulting Services serving the Town of Fountain Hills on this engagement. This group Group has the staff, carries out a broad range of consulting services designed to meet the experience, and diverse needs of our state and local government clients in the area of capabilities to provide a full range of consulting strategy formulation, organizational design, cost management and services to our clients in revenue enhancement. We along with other divisions and specialty units g P t3 all aspects of local of the company, regularly conduct assessments for our clients that are government service focused on such things as: delivery. The results of our work are more ■ Strategic services such as strategic planning, organizational design, efficient and effective performance measurement and business process reengineering governments ■ Financial Services, including budgeting, cost of service analysis, financial management, financial and capital planning, procurement, accounting management ■ Staffing analysis and benchmarking ■ Public Safety, including police services, fire services, emergency medical services, courts, detention, and probation; -4- Town of Fountain Hills Strategic Planning Proposal ■ Government administration, including human resources, fleet management, facilities management, organizational design, and information technology; ■ Human Services, including social services, public health, and substance abuse; ■ Alternative service delivery approaches, including intergovernmental coordination, regional service delivery analysis, consolidation analysis, organizational design, contracting and privatization analysis, and tax equity determinations. MAXIMUS has consistently been successful in providing our clients with services that meet and exceed expectations. This success starts with the guiding principals of our practice, that: ■ We are dedicated to providing the highest 1,7jality of s . ice to our clients. We first take time to understand their operations and needs and then develop recommendations that resolve those issues. Since 1975, MAXIMUS has developed a history ■ We employ an interactive process in which our clients are full y of thousands of satisfied involved in all aspects of our engagement, resulting in a product that clients, which include the client understands, accepts as accurate, and is ready to begin state governments, cities undertaking, often even before the project is complete. and counties, the federal government, institutions ■ We pay attention to implementation includin workin with our g g of higher learning, school clients to identify alternative solutions that will meet their needs and districts, non-profit can be implemented within the framework of the client's organizations, and foreign governments. environment, developing priorities, identifying responsibility, providing means for the evaluation of the success of the recommendation, making ourselves available on client request to assist with implementation. ■ We assign senior project teams to our engagements, using principally staff who have had many years of consulting and direct managerial experience, who are on -site for the project, and who are directly involved in the research, analysis, and report preparation. ■ We seek to build long-term relationships based on mutual trust and respect, so that our clients feel free to seek us out for advice and counsel long after our engagement is complete. 2.2 ETC INSTITUTE OVERVIEW ETC Institute is a 52-person, market research firm that specializes in the collection of market research for public policy and comprehensive planning initiatives. Areas of emphasis include: community planning issues, public safety, quality of life, health care, transportation, parks and recreation, aging, employment, child care and air quality. The company is woman -owned and certified as a Disadvantaged Business Enterprise (DBE). Since 1982, ETC Institute has completed research projects in more than 35 states. ETC Institute has designed and administered more than 750 statistically valid surveys and has a team of professional researchers that have moderated more than 700 focus groups and 1400 stakeholder meetings. ETC specializes in combining information -5- Town of Fountain Hills �L� � Strategic Planning Proposal MAXIMLIS '�. gathered from statistically valid survey research with qualitative information from focus groups and stakeholder meetings to assist organizations in their decision making process. Service offerings include: ■ Strategic Issues Development and Building Better Communities: ETC Institute specializes in helping organizations use market research to make better decisions. During the past four years, the results of ETC's market research efforts have lead to more than $2 billion in funding initiatives by state, municipal and town governments as well as numerous nonprofit organizations. Projects that have been funded include a wide range of transportation initiatives, improvements to schools and health care institutions, water and electrical utility improvements, tourism attractions, neighborhood improvements, downtown redevelopment projects, programs serving women and children with special needs, open space acquisition and park improvements, and the development of numerous specialized leisure facilities. ■ Statistically Valid Surveys: ETC Institute has completed statistically valid surveys for clients in more than 35 states across the country. Research efforts range in size from several hundred surveys to more than 15,000 surveys. Last year, ETC surveyed more than 200,000 persons across the United States on behalf of 156 different public, nonprofit and private organizations. ETC Institute's market research accuracy and attention to client needs is unparalleled. ■ Stakeholder Interviews and Focus Groups: ETC Institute has facilitated focus groups and stakeholder interviews for organizations across the United States. Focus groups have been conducted for a wide range of public policy initiatives, strategic and long range planning efforts, visioning plans, comprehensive planning efforts, parks and recreation master plans, transportation plans, health care strategic plans, bi-state planning efforts, customer satisfaction initiatives, and numerous state, regional, and national associations. Ron Vine, Vice President of ETC Institute, has strategically involved citizens and organizations in more than 150 cities and counties across the country into decision making processes that effect their lives and the effectiveness of organizations, including community comprehensive plans, community and organizational strategic plans and visioning, transportation plans, parks and recreation master plans, non-profit and association strategic plans, utility studies, and others. 2.3 TEAM QUALIFICATIONS SUMMARY The Town of Fountain Hills is seeking consulting assistance to develop a strategic plan that meets the requirements of the town and serves as a catalyst for organizational improvement. The project team you select for this important engagement should have the demonstrated capability to work effectively with stakeholders at all levels of the organization and throughout the community. Our experience working with and facilitating -6- Town of Fountain Hills Strategic Planning Proposal group sessions consisting of citizens, senior executives and elected officials to build consensus teaches us that a comprehensive approach to the strategic planning process is essential. Furthermore, your consulting partners have the ability to implement a dynamic planning approach to elicit creative thinking. The team MAXIMUS has assembled to meet your needs provides the experience, knowledge and sophistication to address your most challenging issues: We offer: ■ Expertise and experience in stakeholder facilitation, visioning and strategic planning sessions, as well as short and long-term planning in conjunction with executive leadership, citizen groups and elected officials ■ Proven methodologies in identifying stakeholders and techniques in documenting and analyzing current business practices and developing streamlined recommendations ■ Ability to build consensus in a teaming environment to successfully implement a strategic action plan ■ Deep fiscal knowledge and understanding of Arizona local government and the responsibilities and organization in the public sector Included among the many strengths of the project team are: ■ Strong, proven skills in strategic planning and the supporting disciplines necessary to drive effective strategy execution ■ Independence and objectivity, providing a clear understanding and an unbiased opinion of Fountain Hills's current and emerging situations ■ Superior communication and facilitation skills and extensive experience in designing and leading collaborative group processes ■ Substantial experience providing directly comparable services to other local government clients ■ Fact -based, results -driven, client -centered approach and deliverables We believe Fountain Hills needs a partner that will combine leading - edge thinking and the practical local government experience required to significantly enhance performance across the organization. In meeting Fountain Hills's requirements, the selected consulting team should have expertise in planning and analysis, focus group facilitation, survey research and analysis, benchmarking, business process evaluation, goal setting, performance measurement and best practices. MAXIMUS is that partner. -7- Town of Fountain Hills Strategic Planning Proposal 2.4 TEAM ORGANIZATION, ROLES AND RESUMES MAXIMUS has assembled a handpicked team of experienced consultants, each with deep skills and knowledge of strategy formulation, stakeholder involvement and organizational improvement in a local government setting. As shown in the organization chart below: Town of Fountain Hills Project Team David W. Eisenlohr Joel Nolan Sr. Vice President Vice President Project Director Quality Assurance Anita White Senior Manager Project Manager Ron Vine Mark Carpenter Jeff Gossrow Vice President Project Project ETC Institue Consultant Consultant ■ David Eisenlohr, Senior Vice President in MAXIMUS's local government consulting practice, will serve as Project Director with responsibility for managing the Fountain Hills relationship as well as assuming a significant direct role as the senior strategist for the team. David is also a senior member MAXIMUS's management team, with 25 years experience in assisting public organizations with strategy development and articulation, performance management and group facilitation. ■ Anita White, MAXIMUS Senior Manager, will serve as the Project Manager for this engagement. She has over 34 years of experience in operational and productivity improvement projects, operational assessments, organizational analyses, process improvement efforts, performance measures, best practices and governmental revenue analysis. She has 16 years of governmental management service including serving as budget director for the City and County of Denver. She has provided diverse consulting services to state and local governments in Arizona, California, Colorado, Hawaii, Montana, Nevada, New Mexico, and Texas. ■ Ron Vine, Vice President of the ETC Institute, has over 25 years consulting, market research, and consulting experience, including -8- Town of Fountain Hills ln" 0�� Strategic Planning Proposal MAXIMUS fifteen years as a project manager, in a wide range of strategic planning, feasibility assessments and operational reviews for local government services. He has extensive experience formulating and creating public involvement processes leading to consensus solutions. He has facilitated more than 200 stakeholder interviews focus groups, and public forums. Ron and his firm will have the lead role in the development of the stakeholder outreach and market research aspects of this project. ■ Joel Nolan, Vice President in MAXIMUS, is based in Phoenix and will serve in the role of quality assurance executive and, in addition, will serve as a local point of contact and liaison for the Town of Fountain Hills. Joel is a highly experienced state and local government management consultant and will provide expert guidance and support to the team in terms of cost analysis and the development of revenue related strategies for the town. This outstanding leadership team will be assisted by a group of subject matter consultants and market research specialists to provide top notch service and support to Fountain Hills. The resumes in this section summarize the experience and background of our leading managers and practitioners. The assembled team brings to the project years of acquired skills and experience in the areas of group facilitation, strategic planning and execution, process redesign, and the developments of mission, vision and organizational objectives. 2.4.1 David Eisen/ohr—Senior Vice President and Project Director Overview David is a Senior Vice President in the MAXIMUS Dallas office, with national responsibility the delivery of strategy, organizational and operational services within our Consulting Services group. He leads project teams providing strategic planning and organizational performance improvement services to our public sector clients at the city, county and state levels. His professional background encompasses nearly 25 years of consulting and management experience in both the public and private sectors. Prior to joining MAXIMUS, David was a leading member of a large Big 5 firm's local government consulting practice. .lob Description As a Project Director, David is responsible for the planning and supervision of engagement work preformed for our clients at the local and state levels. He also provides direct client support to the firm's most important clients and on more complex engagements. He works to ensure MAXIMUS's professional services delivered to client organizations are best in class by providing specialized organizational and technical expertise. Town of Fountain Hills Strategic Planning Proposal Experience David has directed major strategy, organizational and management analysis assignments for both large and small local governments. He has completed multiple strategic plans and has designed and delivered processes for the involvement of citizens and other stakeholders in strategic planning processes. His consulting and management experience includes extensive involvement with all of the internal administrative support services and most of the major operating functions of city and county government including law enforcement, fire and emergency medical services, courts administration and legal services, planning and community development, transit, public works and utilities and parks and leisure services. David has had a continuing relationship with the City of Arlington, Texas, where he has designed and facilitated a series of annual strategic planning workshops with the City Council and the executive management team, led risk identification and management workshops, assessed the strategic value of human resources programs and has helped the city with strategy formulation and process design for key initiatives including managed competition and public works and engineering services. While with another consulting organization, David led the development of the Big 12 Athletic Conference's first strategic plan and he designed and facilitated a strategic planning process, including significant stakeholder outreach, for the City of San Antonio's housing programs and assisted the City of Dallas, Texas with the articulation of their strategic vision in connection with a pilot Balanced Scorecard performance measurement initiative. While with another consulting firm, working with Ron Vine of the ETC Institute, he assumed a lead role in the development of the governance component of the City of Kansas City, Missouri's award winning strategic plan known as FOCUS Kansas City. David served in a variety of analytical and staff support positions for the City of San Antonio, Texas and, later, was an Assistant City Manager for the City of Grand Prairie, Texas. Education & David holds a Bachelor of Arts in political science from Texas Certifications A&M University and a Master of Public Administration from the University of Kansas. -10- Town of Fountain Hills !!:'DCDcZ_W Strategic Planning Proposal 41 MAXIMLIS 2.4.2 Anita White — Senior Manager, MAXIMUS, Project Manager Overview Anita has over 34 years of experience in strategy formulation, operational and productivity improvement projects, cost analysis, and governmental revenue analysis. She has 16 years of direct governmental management service including serving as budget director for the City and County of Denver, as director of management services for the Denver Department of Health and Hospitals, and as Director of Program Planning for the Colorado Department of Social Services. Additionally, she has 18 years of consulting experience providing a variety of consulting services to state and local governments in Arizona, California, Colorado, Hawaii, Montana, Nevada, New Mexico, and Texas. Job Description Anita works with state and local government organizations of all sizes and types, helping them to strategically assess their service delivery practices, their costs structures and their revenue raising efforts. As a senior practitioner in the public sector before her consulting career, Anita brings an experienced and pragmatic approach to her consulting assignments. Experience Anita's experience is both broad and extensive. She brings to the Fountain Hills project successful track records in such areas as operational, organizational, and productivity improvement projects; cost allocation and cost analysis projects, revenue maximization and revenue alternative analysis; business process improvement; performance measures; policy analysis; and benchmarking and best practices reviews. Representative project experiences include: City-wide Management Audit for the City of Alexandria, Louisiana: Ms. White was responsible for reviewing the operations of all Finance Department operations, including Information Technology. The study focused on best practices for Information Technology, as well as for other Divisions within the Finance Department. Ms. White also completed a long-range comparison of expenditures and revenues, to assist the City in assessing the appropriateness of financial policies. Management Audit of Budget, Accounting, and Purchasing Operations; Review of Decentralized Data Entry for Public Utilities Department for City of College Station, Texas: Ms. White directed this review of work loads and most efficient and effective means for handling work loads, with emphasis on changes in the information technology approaches which allowed re -engineering of financial activities. Productivity Review of City of Boulder's Administrative Departments, including Information Technology: Ms. White directed this project which included reviews of administrative operations from procedural and Town of Fountain Hills Strategic Planning Proposal qualitative viewpoints. Recommendations focused on doing the right work so that more work could be accomplished with current staffing. City -Wide Management Audits for both Los Alamos, New Mexico and San Angelo, Texas: Ms. White directed both of these projects, which included reviews of every department within each government, including information technology activities. Both studies focused on best practices, benchmarks, and recommendations on operational improvements. Education & Anita earned a MPA, University of Colorado at Denver, 1973 and a Certifications BA (with distinction), English Literature, University of Colorado at Denver, 1969 -12- Town of Fountain Hills e�w Strategic Planning Proposal MAXIMLIS 2.4.3 Ron Vine — Vice President, ETC Institute, Market Research / Stakeholder Analysis Lead Overview Ron is a Vice President for ETC Institute and has been in consulting and the public sector for over 25 years. He has been the project manager for market research assignments in over 30 states, with public sector clients ranging in size up to over 1 million populations. Ron is skilled in both the use of quantitative survey research efforts and as a facilitator for focus groups and stakeholder involvement. Job Description Ron's role is to involve an organizations internal and external stakeholders into strategic decision making processes that effect their lives and the effectiveness of the organization. Experience Ron is a recognized industry leader in the use of quantitative and qualitative research for strategic planning efforts. He has extensive successful experience moving projects from strategic and master plans to successful voter initiatives. Projects Ron has worked on have resulted in over $600 million in funding for local and county governments, indicating a high rate of voter success. Ron consulted for the Kansas League of Municipalities by developing a Strategic Planning Workbook that was used as a beginning level benchmarking tool to get communities started on Strategic Planning Ron was the team leader for the Governance aspect of FOCUS Kansas City, Missouri Strategic Plan — Governance focused on financing and operations strategies for implementation of the Strategic Plan. Focus Kansas City won the Outstanding Planning Award from the American Planning Association. Ron was the project manager for the Fairfax County Needs Assessment Study focused on conducting both quantitative and qualitative research to develop recommendations for quality of life initiatives for this county of nearly 1 million residents. Ron was the project manager for a Strategic Plan in St. Charles County, Missouri, which resulted in a successful voter election to implement recommendations. The resulting plan was voted Strategic Plan of the Year by the Missouri Planning Association. Prior to starting work as a private consultant in 1989, Ron worked for 15 years in a series of high level governmental administrative positions, including serving as the Acting Chief Administrative Officer for the City of Topeka, Kansas. Education & Ron earned a Bachelor of Science and a Master of Parks & Recreation Certifications Administration from the University of Illinois - 13 - Town of Fountain Hills Strategic Planning Proposal 2.4.4 Joe/No/an— Vice President, MAXIMUS, Quality Assurance and Local Client Liaison Overview Joel, a Certified Governmental Financial Manager (CGFM), is a Vice President with MAXIMUS, Inc., based in our Phoenix, Arizona office. He has over 30 years of experience, of which more than 25 years have been directly involved with state and local government programs and organizations. His extensive knowledge and experience have enabled him to assist government entities at all levels in the effective, efficient delivery of services; and in the identification, analysis, and recovery of service costs. His skills and experience include analyses of efficiency and effectiveness of business processes, analysis of organizational structures and staffing„ review/recommendations of managerial competency, analysis of cash flow management, development of policies and procedures, recommendation of performance measures and the identification of cost savings opportunities. Job Description For the Fountain Hills assignment, Joel will serve as an independent quality assurance reviewer. In this capacity he will have responsibility for client satisfaction and for the team's responsiveness to your needs and the agreed scope of services. In addition, he will serve as a local point of contact and liaison as needed between the Town of Fountain Hills and MAXIMUS. Experience Joel has held positions in both the public and private sector. Prior to joining MAXIMUS in 1985, he held administrative and financial positions with CPA firms, a state governor's office, local governments, an educational institution, and a manufacturing firm. Since joining MAXIMUS he has managed and/or participated on projects for state and local governments in Alaska, Arizona, Colorado, Idaho, Kansas, Louisiana, Montana, New Mexico, Oklahoma, Texas, and Wyoming. Projects have included management and organizational studies, cost of services studies, revenue analysis studies, development of internal service funds and billing rates, audit resolution assistance, federal cost recovery assistance, and preparation and negotiation of cost allocation plans and indirect cost rate proposals. His range of experience specific to this engagement includes the following: ■ Completed numerous management, organizational, and cost studies for public agencies of all types, sizes and descriptions. ■ Completed an analysis and provided recommendations on several state agency's financial, cost recovery, and cash flow policies and procedures. ■ Conducted an analysis of Texas eligibility determination procedures and costs that included 15 departments. ■ Completed for large human service agencies cost analysis studies �w and cost allocation plans; and assisted them in maximizing cost -14- Town of Fountain Hills C`` Strategic Planning Proposal MAX1MUS recoveries. Agencies included the Texas Department of Mental Health and Mental Retardation, the Texas Workforce Commission, the Texas Department of Health Services, the Texas Commission of the Blind, and the Texas Council on Alcohol and Drug Abuse. Currently manages the annual preparation of statewide cost allocation plans and assists the following states in maximizing Federal cost recoveries: Alaska, Kansas, Louisiana, Oklahoma, and Texas. Education R B.A., Accounting, Texas Tech University, Lubbock, Texas, 1970 Certifications -15- �UL_Z Town of Fountain Hills � Strategic Planning Proposal MAXIMUS 2.4.5 Mark Carpenter— Strategic Planning Team Member Overview Mark is a Senior Manager with MAXIMUS, Inc. with extensive knowledge of local government programs and operations. He has over twenty years of experience in local government budgeting, finance, human resource management and operational audits. His consulting experience and prior local government work experience have provided him with both theoretical and practical experience in the analysis and costing of local government operations and programs. Prior to joining MAXIMUS, Mr. Carpenter worked for the City of Charlotte, North Carolina, City Manager's Office; and the City of Fort Worth, Texas, in the Office of Management Services and in the Fort Worth Police Department. His duties as a senior administrative analyst included budget preparation and monitoring for a number of city departments. He also directed the preparation of the city's long-range financial forecast and was instrumental in the preparation and presentation of the city's annual and capital budgets. In 1986, the long- range financial forecast received an Award for Excellence in Financial Management from the Government Finance Officers Association. Job Description Mark will provide general analytical, research and consulting support to the strategic planning project. Experience Mr. Carpenter has managed and participated in a number of operational audit engagements that focused on reviewing existing operational and organizational structures and recommending restructuring, reorganization, and/or revised administrative procedures to enhance government services. Clients include: ■ Buncombe County, North Carolina ■ City of Portsmouth, Virginia ■ El Paso, Texas Police Department ■ Town of Warrenton, Virginia ■ Galveston Community Development Corp. ■ Fauquier County, Virginia ■ City of San Antonio City Attorney's Office ■ Loudoun County, Virginia Education & B.A., History, Davidson College, Davidson, North Carolina Certifications M.P.A, University of North Carolina, Chapel Hill, North Carolina -16- Town of Fountain Hills Strategic Planning Proposal 2.4.6 Jeffery Gossrow— Strategic Planning Team Member Overview Jeff is a Senior Consultant with MAXIMUS and has worked at various levels of government, serving as a legislative and fiscal analyst in the Illinois and Arizona legislatures. His professional background also includes private sector experience in the health care industry, where he worked as Vice President of an Inc. SOOT" firm. His range of project experience includes management and operational analysis, cost of service studies and user fee analysis and program design. Job Description Jeff will provide general analytical, research and consulting support to the strategic planning project. Experience Since joining MAXIMUS, Mr. Gossrow has worked on the following projects: ■ Conducted benchmark and flow chart analysis as part of a review of the plan review and building permit process in Orland Park, Illinois. The review included a survey of other suburban municipalities that was used to collect data on permit and inspection workload. ■ Conducted a comprehensive evaluation of the project management and cost control procedures of the Wisconsin Department of Administration. Process mapping and benchmarking data collected from several, similar state agencies were used to develop recommendations for overhauling the Bureau of Architecture & Project Management. ■ Completed comprehensive funding and staffing benchmarking studies for the Illinois counties of Coles and Macon. Inclusive of all General Fund -related departments, the studies were used to project future funding requirements for county level services, such as public safety, property recordation, and provision of vital record copies. ■ Conducted staffing analysis as part of a comprehensive operations review of the Police Department in Lee's Summit, Missouri. The staffing analysis included interviews with management and union members, and the application of benchmarks to gauge whether the Department was understaffed. ■ Assisted the City of Chicago in developing best practices for natural gas procurement. This process analysis included an extensive flow charting exercise that identified the major steps and control points of the City's gas procurement process. The analysis was used to highlight where streamlining was needed in order to reduce redundancies and speed-up the gas procurement process. ■ Cost of service studies used to establish cost -based fees for various Illinois governments: Sheriff (DeKalb, Fulton, Kane, Livingston, Macon, Madison, Ogle and Winnebago counties); Clerk (Du Page County); City-wide (Orland Park, Elgin); Planning & Building (St. Charles, Glen Ellyn, West Chicago and Naperville); Public Works / -17- �� Town of Fountain Hills Strategic Planning Proposal c� W MAXIMUS Utilities — P.R.O.W. Permit and Inspection (City of Chicago); Public Health (McHenry County). Education & B.A., History, Knox College, Galesburg, Illinois, 1988 Certifications M.P.P., Harris School of Public Policy, University of Chicago, 1992 2.5 SKILL SET SUMMARY The specific skill sets that the MAXIMUS team will apply to complete the strategic plan include: ■ Market survey research design, analysis and interpretation ■ Workshop / group process design and facilitation ■ Strategy articulation ■ Benchmarking and best practice research ■ Process analysis ■ Organizational analysis ■ Performance measurement and management ■ Communications planning and delivery ■ Program management and project planning ■ Report writing and public presentation -18- mil✓ C...� Town of Fountain Hills . Strategic Planning Proposal MAXIMUS 3. PROPOSED PLAN OF ACTION The MAXIMUS strategic planning methodology is flexible and designed to produce a dynamic plan, capable of being used, updated and applied on a continuous basis. As summarized in the graphic below, and elaborated on the pages following, he MAXIMUS team proposes to provide the following services to the Town of Fountain Hills in connection with the development of its strategic plan: Current Scope ..................................,..,,,...........................,..................,..,...........,......z Future Scope Deploy Marra e & Su ort Ghan e r -19- Town of Fountain Hills Strategic Planning Proposal 3.1 PHASE I — DISCOVERY (RESEARCH / INTERNAL AUDIT AND EXTERNAL SCAN) This phase will include the tasks necessary to initiate the project, confirm its scope and timing and to complete an initial environmental scan and SWOT analysis. ■ Meet with the town's senior leadership and project team to confirm scope, objectives, reporting relationships and timelines ■ Gather background documents and data for further analysis ■ Design, conduct, compile and interpret a series of community forums and stakeholder focus group interviews, in partnership with a team of assigned Fountain Hills staff resources - to identify a list of community "wants and needs" and to better understand citizen perceptions of their town government ■ Complete statistically valid survey research to validate the "wants and needs" list and to test public support for the identified projects and initiatives ■ Assess the current operating capabilities and results of the town programs and services using such techniques as benchmarking, best practices assessment, organizational analysis, etc. 3.2 PHASE 2 DESIGN (GOAL SETTING AND CONSENSUS BUILDING) Based on the initial environmental scan, organizational review and SWOT analysis, the MAXIMUS team will next design a process of consensus building, both within the organization and the town at large. The basic steps will include: ■ Based on the input and data produced in Phase 1, the team will reassess the overall plan approach to ensure that it conforms to community and client expectations. We will then refine the scope and approach as necessary ■ More detailed design of the individual components of the strategic plan and the process for completing them ■ Finalization and approval of an outline of the Strategic Plan document 3.3 PHASE 3 DEVELOPMENT (DEVELOPMENT OF THE STRATEGIC PLAN) ■ Review results of the stakeholder outreach with key leaders of the town organization including executive staff, department directors and the Town Council. ■ Document and reconfirm the overall strategic direction for the community including mission, vision, values, community -20- Town of Fountain Hills Strategic Planning Proposal w MAXIMUS differentiators, strategic objectives and critical supporting business processes ■ Conduct a prioritization workshop with the Town Council ■ Completion of a "gap analysis" between the current state and the desired future state and recommend appropriate changes to organizational structure, business practices, etc. as warranted. ■ Recommend processes for the deployment of the strategy to the operating units, including recommending a performance management and accountability model ■ Prepare a written strategic plan document and support town staff in presentation of the plan to executive management, the Town Council and other stakeholders as appropriate 3.4 PROJECT RISK MANAGEMENT Many organizations fail to realize their return on investment on projects requiring large-scale change. Why? Very rarely do these projects fail due to poor process or systems design. Problems arise when people do not use the system or process as intended- until they do, expected benefits cannot be realized. Typical constraints on a project of this type include: ■ Timely availability of elected and senior appointed officials to participate in interviews, planning workshops, focus groups, deliverable reviews, etc. ■ Lack of leadership buy -in and commitment ■ Insufficient stakeholder participation ■ Unavailable and/or inaccurate operating and financial data ■ Overly aggressive project timelines ■ Insufficient client -side skills and/or resource availability ■ Project expectations exceeding budget. Knowing that these are typical of the constraints we might encounter, we will work closely with the town's leadership and assigned project staff to anticipate problems, set reasonable expectations and regularly report on progress. We will also invest considerable time in interviews and group sessions with town leadership to secure a common understanding of the content, coverage and intended uses of the Fountain Hills Strategic Plan. 9 IINE Town of Fountain Hills <0( z Strategic Planning Proposal MAXIMLIS 4. DETAILED STATEMENT OF WORK The Statement of Work is a roadmap for the consultant team and the Town of Fountain Hills. It describes in specific detail, the phases, tasks, activities and work products that will be the focus of the team's efforts. This Statement of Work is based directly on the town's desired scope of services and includes separate phases for background research, the design of the strategic planning program and for the actual development of the plan itself. For illustrative purposes only, we have shown a future fourth phase, encompassing those steps that will be necessary for the full and effective deployment of the new strategy. We recognize that the deployment phase is out of the scope of this solicitation. 4.1 PHASE 1 — COMPLETE INITIAL DISCOVERY The purpose of the work in Phase 1 is to confirm the scale and scope of the strategic plan, verify timelines and due dates, establish working relationships and reporting protocols. Importantly, Phase 1 also contains significant efforts directed at uncovering and understanding the needs, wants and expectations of the Fountain Hills community at large. In this phase, the MAXIMUS Team will focus on identifying the desired end state of the strategic planning process, engaging a broad cross section of the community in providing input and insight, conducting statistically valid market survey research to ensure that the plan is fact -based and assessing (at a high level) the current state of the town organization in terms of service programs and delivery capabilities. In traditional strategic planning terms, the steps in this phase constitute an "environmental scan" and the Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis. What we learn together in this phase will inform the subsequent phases and tasks and will serve as the bedrock on which the plan is ultimately built. 4.1.1 Mobilize the strategic planning project and team In this step, we will work closely with you to accurately define the breadth and depth of the strategic planning effort. This task is designed to develop a shared understanding between you, the client, and the consulting team of the answers to such questions as: ■ What is the purpose and intended use of the Strategic Plan? ■ Who should be involved in its preparation, review and approval? ■ What aspects of the town government operation should be covered? ■ What other external organizations need to be included? ■ What is the desired level of detail in the final strategic plan document? 1IP#M Town of Fountain Hills Strategic Planning Proposal ■ Who will be the town staff members assigned to assist with the community outreach and stakeholder input documentation? 4.1.1.1 Key Activities • Conduct initial project kick-off meetings • Reconfirm the purposes and expectations of the strategic planning project • Confirm project management and reporting procedures • Collect and review background data and documents • Discuss the "business landscape" for Fountain Hills in terms of operating environment, critical issues, funding streams, etc. • Identify and document the expected coverage of the strategic plan in terms of agency participation and level of detail required • Identify staff team members to be assigned. 4.1.1.2 Key Work Products • Finalized project schedule • Documented reporting relationships and protocols • A written "scope document" that will define the general parameters and expectations of the strategic plan 4.1.2 Collect and analyze background data The MAXIMUS team will collect and review a considerable amount of documentary data as background for the planning project. Examples of the types of data to be requested include: ■ Current mission, vision, values statements (town and department levels) ■ Current goals, objectives and performance measures ■ Current operating and capital budgets ■ Capital improvement program ■ Comprehensive annual financial report ■ Multi -year financial forecasts / projections ■ Departmental operating plans (i.e. technology plans, economic development plans, housing plans, human service plans, facilities plans, etc.) ■ Most recent employee survey results (if applicable) ■ Most recent community survey results (if applicable) ■ City / county service cooperation reports and/or feasibility assessments ■ Town and departmental organization charts ■ Sample Council agenda materials ■ Physical / land use plans and related data ■ Community demographic data and trends (i.e. Census data) - 23 - 50 LC Town of Fountain Hills : Strategic Planning Proposal M=14 ■ State statutes and town ordinances ■ Operating policy and procedures manuals. 4.1.2.1 Key Activities • Develop and review initial data request • Work with town staff to gather required data • Review collected data for completeness • Collect additional and/or substitute information as necessary 4.1.2.2 Key Work Products • Data request document 4.1.3 Plan and execute stakeholder outreach program This task includes a number of activities designed to identify, include and engage various constituencies and stakeholders in the strategic planning process. This task will focus primarily on external stakeholders such as homeowners, business interests, other units and levels of government and the like and will be jointly conducted by members of the MAXIMUS team and assigned Town of Fountain Hills personnel. We have assumed that a team of town staff will be assigned to work with us on this effort. Our plan would be to provide training materials and one half day of facilitation training to the assigned staff and that we would co -facilitate two focus group sessions with town staff. The balance of the outreach sessions would be conducted by town personnel and documented for us in an agreed format. 4.1.3.1 Key Activities • Work with town staff to identify critical stakeholder groups • Develop and review a multi -modal plan for stakeholder involvement including, for example, open community forums for the public at large, targeted focus group interviews with selected constituencies and an email or web -based stakeholder input process • Train assigned town staff to conduct focus group sessions • Conduct a series of focus groups, community forums, consistent with the stakeholder involvement plan to understand the critical public wants, needs and expectations and to gain an initial appreciation for the strength, breadth and depth of the support for projects and programs identified through this process • Compile and analyze stakeholder concerns and priorities 4.1.3.2 Key Work Products Stakeholder involvement plan Staff training materials Documented focus group results and other community input -24- Town of Fountain Hills e i C`� Strategic Planning Proposal MAX1MtIS 4.1.4 Conduct statistically valid market research Based on the input received and data collected in the preceding tasks, the project team will next to complete a statistically valid community survey. This survey will be produced, administered and interpreted by the professionals of the ETC Institute, using their proprietary DirectionFinder methodology. More information on this methodology can be viewed at: http://www.etcinstitute.com/etc—institute-0 I 7.htm 4.1.4.1 Key Activities ■ ETC Institute works with you to determine the best sample size for your community based on population and the amount of subanalysis desired. ■ Develop and review with the town a customized survey instrument based on the stakeholder input ■ ETC Institute administers the survey ■ Tabulation and analysis of survey results ■ Preparation of DirectionFinder report 4.1.4.2 Key Work Products • Approved survey instrument • DirectionFinder report 4.1.5 Assess current organization This task includes a high level of assessment of the current program priorities, capabilities, service levels and performance of the Fountain Hills organization. This task will also include selected best practices research and targeted internal and external benchmarking to gain an understanding of the town's performance in those areas determined to be of the highest strategic value to the organization and its constituents. 4.1.5.1 Key Activities • Conduct management and supervisory interviews • Collect and review current performance data • Review and analyze resource allocations • Conduct targeted best practices research • Conduct targeted benchmarking research • Complete high level assessment of organizational strengths, weaknesses, opportunities and threats 4.1.5.2 Key Work Products • Organizational SWOT analysis - 25 - R Town of Fountain Hills Strategic Planning Proposal 4.1.6 Manage and communicate us Throughout the conduct of the planning process, a rigorous and structured project management approach will be applied. Working with the town's designated executive project team, the MAXIMUS team coordinate the overall planning program and to assume direct responsibility for progress reporting and communication throughout. 4.1.6.1 Key Activities Prepare bi-weekly status reports Conduct regular (monthly) project status briefings Track and resolve project issues as they arise 4.1.6.2 Key Work Products Regular written status reports Progress meeting agendas and minutes 4.2 PHASE 2 — FINALIZE THE STRATEGIC PLAN DESIGN In this phase, the MAXIMUS team will complete a final design of the strategic plan report document and will confirm that final design with the Town of Fountain Hills project team. This phase is intended to ensure that the deliverable product of the engagement, that is, a formal Strategic Plan document, contains the critical components and information desired by the town's leadership and that the tasks required to complete that document are focused and directed. 4.2.1 Refine the project scope as needed Based on the organizational and environmental data collected, reviewed and analyzed in Phase 1, the MAXIMUS team will work with the Town of Fountain Hills to refine the project scope to account for any new information that may be developed or require further consideration. Specifically, we will work with you to finalize the intended components and content of the plan as described in the following task. 4.2.2 Design strategic plan components The project team will develop and document work processes and tasks necessary for completion of the individual components of the Fountain Hills strategic plan. While the actual plan components will not be fully known until the completion of the first phase of work, typical components include: ■ Mission, vision, values component ■ Stakeholder outreach component ■ Strategic objectives component SK'� Town of Fountain Hills Strategic Planning Proposal ■ Baseline performance and gap analysis component ■ Operations strategy component ■ Capital investment strategy component ■ Intergovernmental coordination / cooperation component ■ Governance component ■ Strategy deployment component ■ Change management and communication component 4.2.2.1 Key Activities For each component included in the plan design: • Identify data requirements Outline each component to be included in the final strategic plan document 4.2.2.2 Key Work Products • Agreed plan components • Initial outline of the Fountain Hills Strategic Plan 4.3 PHASE 3 — DEVELOP THE STRATEGIC PLAN The third phase of work constitutes the actual preparation of the Fountain Hills Strategic Plan, based on the program design created in earlier phases. 4.3.1 Articulate vision, mission and values Effective strategy must rest on a shared and clearly articulated understanding of the organization's overarching purposes and goals. This is most commonly expressed and documented in the form of concise and memorable statements of the organization's vision (typically aspirational in nature), a focused statement of mission (more action -oriented than the vision) and a brief listing of core values (the ethical parameters within which the vision and mission will be realized). The Town of Fountain Hills has substantially completed this effort during its Town Council goal setting retreat and the management retreat, both in January of this year. The results of this effort are documented in the Latshaw & Associates report of February 20, 2004. 4.3.1.1 Key Activities • Collect and review existing mission, vision and values statements from the town including any staff responses or departmental implementation plans resulting from the Latshaw report. • Propose refinements or revisions to existing mission, vision and values statements for approval and/or adoption P! -27- IM Town of Fountain Hills Strategic Planning Proposal 4.3.1.2 Key Work Product Revised Vision, Mission, Values statement as needed 4.3.2 Identify strategic objectives, goals and services Based on the results of the stakeholder outreach, market research and the alignment of those results with the stated mission, vision and values of the town organization, a "strategy articulation map" will be prepared to graphically depict the Vision, Values along with the principal strategic objectives, business processes and strategic differentiators that Fountain Hills can leverage for its long term success. 4.3.2.1 Key Activities • Compare and contrast stakeholder viewpoints with the vision, mission and values of the town to ascertain strategic relevance • Identify strategic focus areas or "leverage points" for further analysis and development • Identify consensus strategic objectives, goals and services • Prepare, present, review and revise strategy articulation map 4.3.2.2 Key Work Products • Strategy articulation map 4.3.3 Prioritize strategic initiatives Using the fact base developed through all of the research, data analysis, stakeholder input, community survey and other planning activities, the strategic planning team can then identify initiatives to reinforce existing strategic successes and improve the performance of areas of strategic weakness. 4.3.3.1 Key Activities • Identify areas of misalignment of resources and strategic priority • Identify non -strategic functions and activities • Propose new strategic initiatives as appropriate • Facilitate the prioritization of strategic initiatives with the town's management team 4.3.3.2 Key Work Products • Prioritized strategic projects or initiatives with public support 4.3.4 Task 2. 6 — Develop deployment and measurement programs Most strategic planning efforts fail. They fail in the execution more often than they fail in the adoption of a flawed strategy. Therefore, the plan for deploying strategy to the operating units and the development accountability protocols in the form of performance measurement and -28- Town of Fountain Hills w Strategic Planning Proposal MAXIMUS monitoring, are crucial. This task includes the work needed to plan for the roll -out of the strategic plan to the organization and the community. 4.3.4.1 Key Activities • Develop a set of key performance indicators (measures) for monitoring strategic plan progress • Identify strategic business processes — such as the annual budget process, compensation plan, employee appraisal program, etc. — that may require realignment to support strategic objectives • Identify needed changes in governance processes and procedures as appropriate • Prepare benefit/cost estimates and revenue funding approaches • Develop a phased plan — with appropriate timelines and accountabilities — for cascading the new strategy to lower levels of the organization 4.3.4.2 Key Work Products • Key performance indicators for the strategic plan • Strategy deployment / implementation plan • Cost estimates and funding plan including potential new revenues 4.3.5 Complete the final strategic plan The final task involves the compilation of all of the previously developed elements of the Fountain Hills Strategic Plan into a cohesive document that will be an effective tool for sustaining and renewing the strategic management process over time. 4.3.5.1 Key Activities Prepare final Strategic Plan document Develop plans and processes for periodic review and update of the strategy and supporting plans Present final Strategic Plan to the town leadership and other key stakeholders as appropriate 4.3.5.2 Key Work Products • Adopted Fountain Hills Strategic Plan The next Phase of the strategic planning process is not included in the scope of this proposal, but is necessary for the successful deployment of the strategy and "cascading" the strategy to all levels of the organization to ensure that daily activity and work effort is directed to the strategically important things. IME Town of Fountain Hills Strategic Planning Proposal 4.4 PHASE 4 — DEPLOY THE NEW STRATEGY (FUTURE) The adopted strategic plan will include a recommended approach to deployment of the new strategy; however, the actual responsibility for strategy execution must lie with the executive leadership and operating managers of the town. The MAXIMUS, Inc. team can be available, on an as needed basis, to provided focused consultation to the town as the strategy deployment process proceeds. Among the important tasks to help ensure that the new strategy is effectively and efficiently introduced and adopted by the organization are the following: ■ Analysis and re -engineering of critical business processes to align them with the new strategy and/or organizational operating model that results from the planning process ■ Improvement of governance processes and the interplay between policy makers and administrators to make sure that strategic focus is maintained at the appropriate level of detail at the appropriate level of the organization ■ Development and use of departmental scorecards for performance measurement and control, aligned to the town -level scorecard prepared during the strategic planning process ■ Provision of training, resources, technical support and tools to the operating unit to facilitate the changes to operating practices needed to fully realize strategic objectives ■ Development and incorporation of departmental or business unit plans that integrate routine operational planning with the strategic direction and intent of the organization ■ Establishment of monitoring tools and protocols, leading to the cyclical evaluation of strategic results and the adjustment of plans, operating methods and practices as needed to sustain the town's strategy and provide for the dynamic revision of the plan as changing circumstances warrant. Again, these activities are outside of the immediate scope of the current project. Even so, they must be appreciated and understood so that the strategic plan itself can be meaningful and valuable in the day-to-day operations of Fountain Hills. -30- Town of Fountain Hills fir) w Strategic Planning Proposal MAXIMUS STRATEGIC PLAN TIMELINE Discovery Phase Mobilize the strategic planning project and team Collect and analyze data Plan and execute stakeholder outreach program Conduct market research Assess current organization Design Phase Refine plan scope Design plan components Development Phase Articulate mission, vision, values Identify strategic objectives, goals and services Define and prioritize strategic objectives Develop deployment and measurement programs Complete strategic plan 5. TIMELINE & FEES The Town of Fountain Hills has established an aggressive timeframe for completion of the strategic plan and has prescribed in its request for proposals a very comprehensive scope of work. We have designed our project approach and budget to meet both your timing expectations and your scope expectations. 5.1 PROJECT TIMELINE MAXIMUS is strongly interested in making the strategic planning process at Fountain Hills come alive in a way that is meaningful for you and your customers. Toward this end, we have identified a number of fundamental requirements for optimizing the strategic planning and management process. In particular, an effective process should: ■ Reflect strategic thinking about the organization and its environment ■ Address the internal and external issues facing the organization ■ Focus on the needs of internal and external customers ■ Involve the full breadth of the organization ■ Foster new and creative ways of looking at organizational issues ■ Serve as a starting point for continuous improvement. The projected timeline for the project is shown in the chart below: -31 - Weeks C"! Town of Fountain Hills Strategic Planning Proposal MAXIMLIS 5.2 FEES AND EXPENSES MAXIMUS's insistence on proper planning, the assignment of experienced professionals and the "hands on" management of every engagement ensures that we always deliver exceptional value to our clients. Our project budget has been prepared with an eye towards meeting your stated needs. As such, we will assign a very senior team to this effort. While we will rely on our past experience in other governmental entities, and on our knowledge of strategic planning processes and techniques in general, we feel that it is essential to your success that our work product fully consider your unique characteristics and needs. This thorough, custom approach will become all the more important as the project moves into the second actual deployment phase Our project plan is complete and our deliverables will be designed to provide you with a clear roadmap to implement the designed process. However, if our project plan and budget exceed your budgetary expectations or limitations, we are prepared to work collaboratively with you to revise our scope, revisit our assumptions and adjust our budget accordingly. Our proposed budget for the strategic planning process as described in the proposal is shown below in the format requested by the town. STRATEGIC PLAN COST SUMMARY Outlined Tasks Task 1. Research (includes community survey) 2. Community Goal Setting and Consensus Building 3. Conduct strategic planning process 4. Development of Draft Strategic Plan 5. Development of Final Strategic Plan Allowance for Contingencies (5%) Total Public Involvement and Consensus Building Activities Activity 1. Public Hearing 2. Presentations to Town Council 3. Community survey 4. Community focus groups ( 8) 5. Open community forums (2) 6. Employee focus groups (2) 7. Prioritiation workshop (1/2 day) 8. Project management and status reporting throughout Total Total Fixed Price for Proposal -32- Hours Fee Expenses Total Budget 120 $ 39,000 $ 5,850 $ 44,850 80 $ 12,000 $ 1,800 $ 13,800 150 $ 22,500 $ 3,375 $ 25,875 60 $ 9,000 $ 900 $ 9,900 36 $ 5,400 $ 540 $ 5,940 25 $ 3,750 $ 563 $ 4,313 471 $ 91,650 $ 13,028 $ 104,678 Hours Fee 16 $ 2,400 24 $ 3,600 Flat Rate $ 20,000 60 $ 9,000 24 $ 3,600 24 $ 3,600 16 $ 2,400 40 $ 6,000 204 $ 50,600 $ 104,678 Town of Fountain Hills Strategic Planning Proposal Within the budget above we have assumed that the town will dedicate a Project Manager to work with us on a full-time or near full-time basis over the course of the planning effort. This individual should be senior enough to make decisions as the project progresses and should have good knowledge and insight into the issues and opportunities facing both the community and the organization. We have further assumed that a team of town staff members will be trained to carry out a significant portion of the community and stakeholder outreach effort. We will require a working space while on site in Fountain Hills. In addition, we will need cooperation and support of the town's executive team and elected leadership in terms of making themselves and their key staff available to participate in interviews, focus groups and planning workshops and to review and comment on draft deliverables. The MAXIMUS team can be very flexible and creative in designing a project plan that respects your fiscal limitations and maximizes the value the organization will derive from the planning process. We look forward to working with the town to define the optimum scale of the project and the appropriate mix of consulting and town resources. 9 B?K2 ,%W Town of Fountain Hills Strategic Planning Proposal 6. CREDENTIALS& REFERENCES Fountain Hills expects that the team engaged to support the strategic planning initiative will have a strong base of experience on similar projects on which to build a solution tailored for vou. Below and on the following pages you will find summary descriptions of a representative listing of project and references. We urge you to contact them. 6.1 MAXIMUS, INC. CREDENTIALS 6.1.1 City of Arlington, Texas Strategic Planning Process David Eisenlohr, since 1999 to date, has successfully aided the City of Arlington's City Council and executive management team with the design, development and deployment of a comprehensive strategic planning process. Additionally, David assisted senior management define the mechanisms to rollout the comprehensive strategic plan to staff, citizenry and the media. In year one, David helped City Council and executive management design, develop and articulate a shared vision, mission, values and strategic objectives needed to build a comprehensive strategic plan. In year two, David aided a new City Council and executive management re -affirm the previous council's (new council due to turnover during elections) mission, vision and strategic goals set the prior year and to identify key performance measures for each strategic objective. David held one-on-one interviews with the council members, explored council and senior staff s short-term and long-term goals, and assisted in evaluating how the city's vision, mission, and values coincide with the city's strategic goals. In year three, he assisted executive management operationalize the linkage of strategy to individual departmental work programs. In year four, the strategic planning process focused on strategic risk management and the identification of specific, programmatic steps that needed to be taken to mitigate risks to success on the city's main strategic goals. Furthermore, the City of Arlington engaged David to conduct a strategic assessment of the city's human resources programs and functions and also to help the city develop a comprehensive managed competition methodology and analytical process. This year, he planned and facilitated a senior management workshop on risk management to help identify the specific risks to strategic success the City of Arlington is likely to face in the near to mid-term future and to identify action plans to mitigate those risks. Contact. Ms. Gayle Lacerda, Deputy City Manager -34- Town of Fountain Hills Strategic Planning Proposal Address: 101 West Abram St. Arlington, Texas 76010 Phone: (817) 459-6100 6.1.2 Big 12 Athletic Conference Strategic Plan The Big 12 Conference was formed in 1994 from the merger of the Southwest and Big 8 conferences and today is one of the most widely recognized and successful conferences in major college sports. In 1999, the Commissioner engaged David Eisenlohr (then with Arthur Andersen's Business Consulting practice) to plan and conduct a strategic planning process for the future governance of the conference. The business drivers for the Conference, at that time, involved the need to more tightly integrate and unite the member institutions within the context of the Big 12 rather than their individual legacy conference organizations. The strategic planning process required the consulting team to work closely with the professional leadership of the Conference staff, as well as select, appointed representatives of the Conference's key governance groups, which include the CEOs (Presidents and Chancellors) of the member institutions, Athletic Directors, Faculty Representatives and Senior Women Administrators. As a result of the strategic planning effort, the Big 12 leadership achieved consensus on a new statement of mission, vision and values, identified and articulated strategic objectives, better understood its competitive environment and established a set of short, mid and long term priorities for a more unified conference. Contact: Mr. Kevin Weiberg, Commissioner or Address: 2201 Stemmons Freeway, 28th Floor Dallas, TX 75207 Phone: (214) 742-1212 6.1.3 City of Dallas, Texas Balanced Scorecard Pilot While at Arthur Andersen, David Eisenlohr helped the City of Dallas develop a performance measurement system to serve as a mechanism for improving department efficiency and citywide communication. The project was divided into the following four phases: ■ Management information and reporting analysis & key observations ■ Strategy articulation (design and develop) ■ Performance measurement program design ■ Performance management technology assessment (reporting analysis). Within the performance management framework approach, the project team helped the city develop the strategy and set performance targets for -35- Town of Fountain Hills W Strategic Planning Proposal MAXIMIIS five selected pilot departments and the City Manager's Office. Individual City Council and executive management interviews were conducted along with an internal and external stakeholder analysis to design and develop a tailored approach for the City of Dallas. After interviews, focus groups and consensus building sessions were completed, the team developed a strategy articulation map specifically for Dallas. Performance measures for individual departments were developed along with minimum and maximum targets to measure achievement. The identified performance measures and associated targets were then grouped among the four aspects of the balanced scorecard and linked back to the mission, vision and core values of the entire organization. The Balanced Scorecard measures organizational performance across four balanced perspectives: Customer, Financial, Process and Learning and Growth. Based on the direction of City Council and senior staff the Learning/ Growth perspective was changed to Workforce/ Technology to in order to reflect the current emphasis on people and technology infrastructure. The Balanced Scorecard provided the City of Dallas an instrument to navigate future processes and communicate the mission and strategy through a comprehensive set of performance measures that support the framework of a strategic measurement and management system. The scorecards helped managers define their strategic objectives, including the targets and ranges for individual department measures and how the city's initiatives related to the measures. The scorecard retained an emphasis on achieving citizen service objectives, but also included the performance drivers of these citizen service objectives. Contact: Mary Suhm, First Assistant City Manager Address: 1500 Marilla, Room 413N Dallas, Texas 75201 Phone: (214) 670-0841 6.1.4 City of San Antonio Housing Performance Review An Andersen engagement team led by David Eisenlohr conducted a comprehensive performance review of the public housing services delivery system in San Antonio. The scope of the engagement encompassed three housing -related departments of the city government, the San Antonio Development Agency, the San Antonio Housing Authority and the San Antonio Housing Trust, along with a variety of private, not -for -profit housing service providers. As a part of this review, the consulting team designed and executed a strategic planning process for housing and conducted numerous community focus groups and stakeholder sessions to better understand the complex interactions between and among the various housing interests in the community. The performance review examined administrative, business and support processes within and across agencies and identified several opportunities -36- Town of Fountain Hills Strategic Planning Proposal to streamline processes, eliminate redundancies and duplicate functions, and to leverage information technology to improve housing service delivery. This assignment was conducted under the auspices of the City of San Antonio, working through a Council -appointed Oversight Committee of community representatives. Contact. Terry Brechtel, City Manager Address: P.O. Box 839966 San Antonio, Texas 78283-396 Phone: (210) 207-8338 6.2 ETC INSTITUTE CREDENTIALS 6.2.1 City of Olathe, Kansas Strategic Planning Initiative for the Year 2020 ETC Institute team led series of focus groups and administered a statistically valid survey to more than 3000 residents of this community of 100,000 people. The purpose of the research was to identify the core values and issues that needed to be addressed as part of the city's strategic planning effort. As a result of ETC Institute's research, the City Council formally adopted the strategic plan as a guide for major investment decisions. Many of the priorities that were identified in the strategic plan have already been funded as a result of the widespread support that emerged for the plan. Contact: Michael Wilkers City Manager Address: City of Olathe 126 S. Cherry Olathe, KS 66061 Phone: (913) 782-2600 or Michael Ashcraft Director of Strategic Planning City of Olathe 126 S. Cherry Olathe, KS 66061 (913) 782-2600 6.2.2 City of Kansas City, Missouri FOCUS Kansas City Governance Plan Ron Vine and David Eisenlohr together (both with prior consulting firms) — along with Elaine Tatham of the ETC Institute - served as members of the City of Kansas City's Forging Our Comprehensive Urban Strategy (FOCUS) program. Ron Vine provided overall leadership to Governance strategy team and David Eisenlohr headed the city government organization and service delivery component. FOCUS Kansas City was a large scale, grass roots strategic planning effort that encompassed both physical and operational planning. During the course of the planning program, multiple stakeholder outreach sessions were -37- En Town of Fountain Hills Strategic Planning Proposal W MAXIMUS conducted and the Governance plan itself was developed under the guidance of a community based, volunteer panel. The FOCUS Kansas City plan, including the Governance Plan developed by Ron, David and the ETC Institute, was adopted by the City Council of the City of Kansas City and continues to be the key strategic framework within which city and regional government initiatives are delivered. The FOCUS Kansas City plan was the recipient of the Outstanding Planning Award from the American Planning Association. Contact., Ms. Vicki Noties Director of City Planning & Development Address: 15th Floor, City Hall 414 E. 12th Street Kansas City, MO 64106 Phone: (816) 513-1407 6.2.3 International Trade Processing Center Study Focus Groups and Surveys of Regional Business Leaders During November 2000, ETC Institute facilitated a series of focus groups and administered a statistically valid survey to business leaders in Oklahoma, Kansas, Texas, Arkansas, Colorado, and Missouri to assess their specific requirements for services and facilities that could be included in the design of an international trade processing center (ITPC) in McClain County, Oklahoma. ETC Institute was responsible for all tasks associated with the design and administration of the focus groups and survey. Some issues addressed as part of the study are listed below: ■ Current perceptions of international trade ■ Reasons businesses would use the ITPC ■ Services or features that businesses would be most likely to use at an ITPC ■ How business leaders think the ITPC should function ■ How the ITPC should be linked to other organizations and facilities that currently support; international trade, such as Will Rogers Airport, the Port of Catoosa, etc ■ Regional issues that should be addressed in the design of the center ■ How much businesses are willing to invest ■ Factors that would impact the level of investment in the ITPC ■ Incentives that would encourage businesses to invest in the ITPC ■ Concerns about using services that would be provided at the ITPC ■ Feedback about the planned location for the center. A total of seven focus groups were conducted with Oklahoma business leaders in three locations. Two locations were urban (Oklahoma City and Tulsa). One location was rural. Businesses based in 21 different Oklahoma cities were represented. Twelve business leaders were SME Town of Fountain Hills a<`✓,` Strategic Planning Proposal MMAXIMUS recruited to attend each of the seven focus groups. Of the 84 persons recruited, 74 participated. Fifty-six attended one of the focus groups and 18 agreed to provide input during follow-up interviews that were conducted by phone the week after the focus groups were conducted. Focus group participants were generally recruited from businesses that were located within 60 miles of the site where the focus groups were held. Contact: Robert Ehinger, Project Manager Address: Booz Allen Hamilton 8251 Greensboro Drive, McLean Virginia 22102 Phone: (703) 377-0123 6.2.4 Mid America Regional Council Greater Kansas City Transit Demand Assessment ETC Institute designed and administered two surveys and moderated 12 focus groups for the Mid -America Regional Council and the Greater Kansas City Chamber of Commerce as part of a study to develop long- range transit services for the metropolitan Kansas City Area. The first survey gathered information from more than 600 employers throughout the metropolitan area. The information was used to identify the objectives for a metropolitan Kansas City area public transit system, the importance and priority of transit services compared to other transportation priorities, the types of transit services that would be useful to employers, the willingness of businesses and other employers to provide incentives to encourage employees to use transit, and the role the business community should have in developing and implementing a new regional transit service system. The second survey gathered input from more than 3000 residents from the metropolitan Kansas City area regarding the objectives for a Greater Kansas City area public transit system, the importance and priority of transit compared to other Major Destinations in the Metropolitan Kansas City Area Where Wyandotte County Residents Travel Most Frequently Top Destinations % Who Work or Go to School at the Destination Other Kansas City, KS 35.3% KCK Central Bus. District 11.8% Shawnee/Lenexa 11.8% NE Johnson County 7.1% Downtown KCMO 7.1 % % Accounted For By the Top 5 Sites 73.1 % Source: ETC Institute Travel Survey 1998 -39- transportation priorities, and the types of transit services that residents would be most likely to use. The resident survey was also designed to identify critical thresholds that impact a person's decision about whether to use public transit instead of a car. These thresholds included the relative cost of transit to a single passenger car, the amount of time to complete a trip, the distance to/from Town of Fountain Hills w Strategic Planning Proposal MAXIMl1S transit stops and a person's home or worksite, and more. As a result of the work that was completed, the region's three major transportation providers, elected officials, and the business community recently signed an agreement to pursue bi-state cooperation toward the implementation of a regional transit service. The study also convinced legislators in both Kansas and Missouri to provide additional funding for public transportation. Contact: David Warm, Executive Director Address: Mid America Regional Council 600 Broadway Suite 300 Kansas City, MO 64105 Phone: (816) 474-4240 6.2.5 Missouri Department of Transportation Long Range Plan Road Rally Focus Groups and Statewide Survey The Road Rally concept is a new market research technique that was developed by ETC Institute to allow transportation agencies to use public input to help set standards for regional and statewide transportation systems. During January and February 2000, ETC Institute conducted Road Rallies for the Missouri Department of Transportation with a randomly recruited sample of 346 persons from nearly 100 different communities throughout the State. The primary purpose of the Road Rallies was to determine expectations that Missouri residents have for the State highway system. Each Road Rally consisted of 11-13 different sections of highway. The course was designed to ensure Mean Smoothness Ratings for Selected IRI Ranges on NHS Highways IRI Not Acceptable < 2.7 Uncertain Acceptable > 3.0 -80 3.17 81-100 3.11 101-120 2.8 121-140 2.44 rRecommended Standard eptable IRI<=100 141-160 2.5 pnal100<1RI-120 Acceptable IRI>120 161+ 2.38 1.50 1.80 2.10 2.40 2.70 3.00 3.30 3.60 Mean Condition Rating Given By Participants (rated on a scale of 1 to 5) Source: ETC Institute 2000 Road Rally Survey -40- that participants would be exposed to a wide range of highways with regard to both the type (NHS, Arterial, Collectors) and condition of the highway. Each of the sections were 3-5 miles in length; the average course was 45-60 miles long and took 90 minutes to complete. Participants were accompanied by professionals from ETC Institute who facilitated the administration of the survey. Each of the participants rated the condition of 18 features on Town of Fountain Hills Strategic Planning Proposal MAXIMl1S each section of highway. The survey was designed so that condition ratings given by participants could be compared to the technical ratings for the same highway features. For example, the rating participants gave for smoothness on each section of highway was compared to the International Roughness Index (IRI) for the same sections of highway. By comparing the condition ratings given by participants with technical ratings for the same sections of highway, the expectations that Missourians have for the condition of the State's highway system could be identified for each of the State's major highway categories. Contact: Jan Skoube Address: Long Range Transportation Planning Team Missouri Department of Transportation 2103 Missouri Boulevard; Jefferson City, MO 65102 Phone: (573) 526-3649 6.2.6 American Water Works Association Research Foundation Focus Groups on Customer Attitudes and Behaviors During June of 2000, ETC Institute administered more than 5,000 surveys and conducted focus group sessions in the communities of Mesa, Arizona; Calgary, Alberta, Canada; Bridgeport, Connecticut; Kansas City, Missouri; and Woodinville, Washington. A total of three demographically targeted focus groups were held in each of the communities, one each for women, men, and senior adults. A fourth focus group composed of minority participants was held in Bridgeport, Kansas City, and Mesa. A fifth focus group composed of parents of children was held in Calgary and Woodinville. The focus groups were conducted over a two-day period in each of the communities. Participants were recruited at random from the utility's service area. The focus groups were held in the morning, noon hour and evening to encourage maximum participation. Each of the focus group sessions lasted 90 minutes. The target attendance for each focus group was 10 attendees, with a minimum target of 8 attendees. The average attendance at the focus groups was 10 persons, for a total of 202 attendees. ETC Institute was responsible for all tasks including site selection, recruitment, moderator script development, facilitation of the meetings, and a final report. The primary purpose of the focus groups and surveys was to: ■ Identify the core beliefs/expectations that water utility customers have about their water utility ■ Identify the service characteristics and attributes that are most important to water utility customers -41 - `%W WIMP, Town of Fountain Hills Strategic Planning Proposal �Wut MAXIMUS ■ Determine how customer attitudes about water utilities are shaped by the types of contact they have with their water utility and the media ■ Identify which types of information are most likely to positively impact customer satisfaction with their water utility ■ Identify which methods of communication are best for conveying information to different demographic audiences. Contact: Linda Reekie, Project Manager Address: America Water Works Association Research Foundation 6666 W. Quincy Ave Denver, CO 80235 Phone: (303) 734-3423 - 42 - Town of Fountain Hills Strategic Planning Proposal MAXIMLIS 7. DESIGNATION OF PRIMARY MANAGER The primary manager for this engagement will be: David W. Eisenlohr Senior Vice President, MAXIMUS, Inc. 13601 Preston Road, Suite 400W Dallas, Texas 75240 Voice: 972-490-9990 Fax: 972-490-3040 davideisenlohr@maximus.com Mr. Eisenlohr has the authority to enter into contract negotiations for this assignment and to bind the company to the terms of that contract. - 43 - Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 NOTICE OF REQUEST FOR PROPOSAL (Revised March 8, 2004) PROPOSAL: Strategic Plan for the Town of Fountain Hills DUE DATE: Friday, March 26, 3:00 PM (Mountain Standard Time) LOCATION: Town of Fountain Hills, Attention: Town Manager's Office 16836 E. Palisades Blvd., Fountain Hills AZ 85268 II. INTRODUCTION The Town of Fountain Hills (the "Town") is issuing this request for proposal (this "RFP") to facilitate the development of a strategic plan (the "Plan") to (i) identify community needs and desires, and (ii) establish an implementation plan to achieve the goals established. The Plan will include a comprehensive examination of the community in conjunction with substantial public involvement and participation and will .be the guiding document for the Town for the next five years. The Plan should be completed and adopted by the Mayor and Council of the Town of Fountain Hills (the "Town Council") by July 2005. r After reviewing the materials submitted pursuant to this RFP, the Town may invite the most qualified firms to an interview, conducted by Town staff, and the Town will select a firm based on the RFP material and interview results. The Town reserves the right to (i) make an award that is most advantageous to the Town based upon service, price, materials or other evaluation factors as set forth herein, (ii) waive any informalities in the proposal or (iii) reject all proposals. Upon failure to negotiate a contract with the best -qualified offeror, the Town may enter into negotiations with the next most qualified offeror. Firms responding to this RFP are encouraged to submit examples of prior work, resumes of principals, references and other materials that demonstrate abilities of the individuals and the firm. All responses to this RFP must be submitted to the Town Clerk no later than 3:00 p.m., on March 26, 2004. -1- II. BACKGROUND The Town is situated in the northeast quadrant of Maricopa County, thirty miles northeast of central Phoenix. The Town's spectacular hillside location in the upper Sonoran Desert on the eastern slope of the McDowell Mountains provides the community with its famous mountain vistas and rich natural desert vegetation. Currently, the Town has an estimated population of 22,000. As with many communities in Maricopa County, the Town experiences seasonal fluctuations in populations due to the number of part-time residents. III. SCOPE OF SERVICES Phase I — Research / Internal Audit & External Scan Obtain and analyze information on the Town including, but not limited to: a) Demographics and demographic trends. b) Economic and financial situation including local economic indicators, business growth patterns, etc. c) Physical and environmental factors including regional factors. d) Survey of tangible and intangible community assets. e) Perform SWOT Analysis (Strengths, Opportunities, Weaknesses and Threats). f) Review additional Town documents including, but not limited to the General Plan, Town Council/Management Retreat Reports, Capital Improvement Plans and Budget Documents, etc. Phase II — Community Goal -Setting and Consensus Building The preparation of the Plan will place significant emphasis on the involvement of the public in order to gain citizen input and assess their concerns. The selected firm will have a major role in the development, implementation and management of the public involvement process. The public includes, but is not limited to elected officials, Town employees, residents, recipients and users of public services, businesses and business organizations, neighborhood associations and leaders, and other organizations and individuals interested in the long-term success for the Town. The public process must encourage broad -based input from the Town's citizens. It is anticipated that there will be a series of focus groups, advertised meetings, and/or visioning exercises open to the general public to be held at different times throughout the planning process. Additional strategies may include, but are not limited to, mail/internet surveys, "man on the street" interviews, workshops, staffing study committees, employing volunteers from the community at large and other innovative techniques as proposed. In addition, following the focus group and public input period, a scientific survey is contemplated to quantify and measure public sentiment toward each focus group initiative. It will be critical the consultant selected takes into consideration the number of seasonal residents residing outside of the Town during the summer months and adjusts the timelines proposed accordingly. Phase III — Development of Strategic Plan Based on the information culled through the first two phases, the Plan should be developed and include, but not be limited to, (i) identification of projects that the public would like to see in place and are willing to pay, (ii) an action plan culminating in a five-year strategic plan including financial cost estimates and (iii) identifying potential revenue resources to pay for these options. -2- The successful completion of this strategic planning process will include the following deliverables: 1. 20 Copies of the draft Plan to be submitted to Town Council by May 2005. 2. 50 Copies of the final Plan in July 2005. 3. One reproducible unbound copy of the final Plan. 4. Digital copy of the final Plan. IV. PROPOSAL CONTENTS Proposals should contain the following information: 1. Qualifications. The Town is seeking an individual firm or consultant team with expertise in the preparation of strategic plans and citizen involvement. The submission of qualification information should include the firm's prior experience including a descriptive discussion of the process used and results, evidence of the ability to work closely with representatives of the public, and a description of the firm and biographical information on all firm employees who are likely to be involved in this effort. 2. Proposed Plan of Action. The firm must submit an outline of its approach to conducting the study and preparing the Plan, including itemized cost estimates for each task and public involvement technique specified within the proposed Plan of Action. The proposed Plan of Action should also fully state any additional resources being requested from the Town (i.e. staff, etc.). In addition, the plan of action should recommend if an oversight committee should be formed as part of this process. 3. Timeline. Submission must include timelines for the completion of each task 1%W proposed. One timeline should propose the firm's recommended course of action for completion of the final Plan by July 2005. The July 2005 timeline should consider the following deadlines: i. Staff and consultant advance preparations — April 2004 ii. Conduct strategic planning process — May 2004 — February 2005 iii. Consultant presents draft study findings to Town Council — March 2005 iv. Public Hearings — May 2005 V. Consultant revises report based on public hearings — June 2005 vi. Consultant presents final report to Town Council — July 2005 vii. Town Council adopts strategic plan — July2005 4. Proposal Cost. Proposal costs must be submitted on an all-inclusive basis and shall include all taxes and other related cost factors associated with providing the services described in this document. Cost information should also include: i. Proposed cost for completion by July 2005. ii. Consultant is asked to complete information on the attached Cost Summary for the suggested timeline. 5. References. Offerors must submit a list of at least five current references that have relevant knowledge of the firm's ability to manage the development of a strategic plan. Names, affiliations, addresses, and current telephone numbers of all references should be provided as well as a brief description of the relationship between the reference and the consultant team. References may be contacted to discuss the team's qualifications and history. -3- 6. Designation of Primary Manager. The proposal shall fully state the name, address, and contact information for the individual responsible for the project management and development of the Plan. V. SUBMISSION GUIDELINES 1. Submission: Submittal of the consultant's proposal is due to the office of the Town Clerk by 3:00 p.m., Friday, March 26, 2004. The offeror must submit one (1) original and nine (9) copies of the proposal. The original should be marked "Original." All submittals and correspondence should be addressed to: Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 Attn: Timothy G. Pickering, Town Manager Proposals must be submitted in a sealed envelope labeled "Strategic Plan" and have the offeror's name and address clearly indicated on the envelope. 2. Inquiries. Any question related to a solicitation must be directed to Molly Bosley, Planning and Zoning Administrator, at 480-816-5191, fax 480-837-1404, email mbosley@fh.az.gov, or Sue Stein, Executive Assistant, at 480-816-5107, fax 480-837-3154, email is sstein@fh.az.gov. Questions should be submitted in writing when time permits. The Town may require any and all questions to be submitted in writing at the Town's sole discretion. Any correspondence related to a solicitation should refer to the Request for Proposal page and paragraph number. 3. Withdrawal of Offer. At any time prior to the specified proposal due date, an offeror (or designated representative) may, in writing, withdraw their proposal. Withdrawals submitted by facsimile, e-mail or similar transmissions will not be considered 4. Amendment of Proposal. Proposals may be amended at any time prior to the due date and time. However, no proposal, proposed contract, or data sheets shall be altered, amended, or withdrawn after the specified due time and date, without a direct request from the Town to clarify issues. 5. Proposer's Certification. By submitting a proposal, the offeror certifies that he or she has read and understands this RFP and has full knowledge of the scope, nature, and quality of work to be performed. VI. CRITERIA FOR EVALUATION Award shall be made to the offeror whose proposal is determined to be the most advantageous to the Town, based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance. 1. Experience and qualification of the consultant company/team. 2. Approach to and understanding of the Scope of Services, including the methodology proposed to achieve the Plan's stated purpose and the degree to which the submission incorporates creative approaches to the proposal's objectives. 3. Proposed cost. 4. Ability to perform the work within the required time and inclusion of project schedule and staffing plans. VII. PROPOSAL OPENING 1. Offer Acceptance Period. Proposals are an irrevocable offer for 90 days after opening time and date. 2. Incurred Expenses. The Town is not be responsible for any expenses that offerors may incur in preparing and submitting proposals called for in this RFP. 3. Interviews. The Town reserves the right to conduct personal interviews or require presentations of any or all offerors prior to selection. The Town will not be liable for any costs incurred by the offeror in connection with such interviews/presentation (i.e. phone bill, travel, accommodations, etc.). VIII. AWARD OF CONTRACT The Town anticipates that a contract will be awarded on or before April 30, 2004. Notwithstanding any other provision of this RFP, the Town expressly reserves the right to: fir• 1. Waive any defect or informality; or 2. Reject any or all offers, or portions thereof; or 3. Reissue a Request for Proposal; or 4. Withhold the award for any reason. -5- STRATEGIC PLAN — COST SUMMARY (Delivery by July 2005) Outlined Tasks Task Hours Fee 1. Research 2. Community Goal Setting and Consensus Building (itemize public presentations below) 3. Conduct strategic planning process 4. Development of Draft Strategic Plan 5. Development of Final Strategic Plan Public Involvement and Consensus Building Activities (Add all public involvement techniques referenced within the proposal) Activity Hours Fee 1. Public Hearin 2. Presentations to Town Council 3. Consultant Recommended: 4. Consultant Recommended: 5. Consultant Recommended: 6. Consultant Recommended: 7. Consultant Recommended: 8. Consultant Recommended: 9. Consultant Recommended: Total Price Total Price for I Me PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MAXIMUS, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is made as of , 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and MAXIMUS, Inc., a Virginia corporation (the "Contractor"). RECITALS A. The Town issued a Request for Proposals on Strategic Planning Services (the "RFP"), for the development of a strategic plan. The RFP is on file in the office of the Town Clerk and is available for review. B. Contractor responded to the RFP and the Town desires to enter into this Agreement with the Contractor for the development of a strategic plan (the "Services"). Contractor's response to the RFP is attached hereto as Exhibit A and incorporated herein by reference. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, parties hereto agree as follows: 1. Term of Agreement. The term of this Agreement is for one year. The Town may renew the Agreement for up to two one-year periods, subject to an annual review and satisfactory negotiation of terms, the concurrence of the Town Council and the annual availability of appropriations. 2. Scope of Services. Contractor shall provide the Services as set forth in the Scope of Services, attached hereto as Exhibit B and incorporated herein by this reference. 3. Compensation. The Town shall pay Contractor a price not to exceed $104,678 for the Services, as more particularly set forth in Exhibit C, attached hereto and incorporated herein by reference. 4. Payments. The Town shall pay the Contractor monthly, based upon work performed and completion to date, and upon submission and approval of 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. Final payment will be made after a final Plan is delivered to and accepted by the Town. 5. Documents. All documents prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devote to the successful completion of the Services to be performed under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced prior without written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection, testing and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 8. 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. 9. Indemnification. The Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including reasonable attorneys' fees, court costs and the cost of appellate proceedings) directly caused by the negligent, willful, wrongful or intentional acts, errors, mistakes, omissions, in the work or services of the Contractor, its employees or agents in the performance of this Agreement. 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, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, directly caused by any negligent, willful, wrongful or intentional acts, errors, mistakes, omissions, in the work or services in the performance of this Agreement of any employee of the Contractor except if caused by the Town's negligence. 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 Section. IN NO EVENT SHALL CONTRACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED OR SOFTWARE LICENSED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SOFTWARE OR ANY PORTION THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ALL CLAIMS WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 9196.009\Strategic Plan.agt.vldoc 4-14-04-1 2 10. Insurance. 10.1 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 B++ or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement 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 Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement 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 Agreement. 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 Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. 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 Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. e. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. f. Waiver. All policies except for Professional Liability, 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. g. 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 9196.009\Strategic Plan.agt.vldoc 4-14-04-1 3 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. h. Use of Subcontractors. If any work under this Agreement 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. i. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, 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 Agreement 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 Agreement. 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 Agreement, 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. (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 Agreement. (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 Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the 9196.009\Strategic Plan.agt.vldoc 4-14-04-1 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. 10.2 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 Agreement, 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. 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 Agreement 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 Agreement, Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the work or services performed by Contractor, or anyone employed by Contractor, or anyone for whose negligent acts, mistakes, errors and omissions Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 all claims. 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 Agreement. 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 Agreement, 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 Agreement and shall also maintain Employers Liability 9196.009\Strategic Plan.agt.vldoc 4-14-04-1 5 Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 10.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 11. Applicable Law. In the performance of this Agreement, 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 Agreement. This Agreement shall be governed by the laws of the State of Arizona. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause 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. 12.2 For Cause. This Agreement may be terminated be either party upon 30 days' written notice should the other party fail to substantially perform in accordance with this Agreement's terms, through no fault of the party initiating the termination. In the event of such 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. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. 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. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARiz. RE-v. STAT. § 38-511. The Town may cancel this Agreement 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 Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement 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 Agreement. In the event this Agreement 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. 9196.009\Strategic Plan.agtA.doc 4-14-04-1 m 13. Miscellaneous. 13.1 Independent Contractor. The Contractor acknowledges that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 13.2 Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement 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 Services, 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. 13.3 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 13.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were included 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 Agreement will promptly be physically amended to make such insertion or correction. 13.5 Severability. The provisions of this Agreement 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 Agreement which may remain in effect without the invalid provision or application. 13.6 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. 13.7 Interpretation; Parol Evidence. This Agreement 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 Agreement are hereby revoked and superseded by this Agreement. 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. 13.8 Assignment. No right or interest in this Agreement shall be assigned by Contractor without prior, written permission of the Town and no delegation of any duty of 9196.009\Strategic Plan.agt.v1doc ,yw_. 4-14-04-1 7 Contractor shall be made without prior, written permission of the Town. 13.9 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 performance under this Agreement whether or not subcontractors are used. 13.10 Rights and Remedies. No provision in this Agreement 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 Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, 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 Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 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. 13.12 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 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: Jorden, Bischoff, McGuire & 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: Maximus, Inc. 13601 Preston Road, Suite 40OW Dallas, Texas 75240 Facsimile 972-490-3040 Attn: David W. Eisenlohr, Senior Vice President 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. 9196.009\Strategic Plan.agt.vldoc WAW" ,. 4-14-04-1 04/14/,04 15:17 FAX 972 490 3040 MAXIMUS Z 002 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 parry'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. 13.13 Confidentiality of Records. Contractor skull 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 form others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform the duties under this Agreement. 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 on an as -need basis for the performance of the duties under this Agreement. IN WITNESS WHEREOF, the Town and the Contractor have caused this Agreement to be duly executed as of the day, month and year first above written. TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation W. J. Nichols, Mayor ATTEST: Bevelyn J. Bender, Town Clerk 9196.0091Stmtcgic Plan.doc 2-2.04-L 9 MA'K vfUS, Inc. Title: Division President .1s EXHIBIT A CONTRACTOR'S RESPONSE TO THE RFP [See following pages] 9196.009\Strategic Plan.agt.v3.doc fir, 4-14-04-1 EXHIBIT B SCOPE OF SERVICES [See following pages] 9196.009\Strategic Plan.agt.v3.doc Vim, 4-14-04-1 EXHIBIT C PRICE SHEET [See following pages] 9196.009\Strategic Plan.agt.v3.doc �, 4-14-04-1 Turf Paradise Off -Track Betting Information Packet %ft- Introduction Turf Paradise would like to provide the following information to the Fountain Hills town council in order to give them a better understanding of what Off-track Betting is and how it works. In 1991 the Arizona State Legislature passed a bill allowing Off-track betting. In essence, what this did was allow any licensed permittee (a racetrack licensed by the Arizona Racing Commission) to simulcast it's racing signal along with selected racing signals from across the country to specifically approved locations throughout the state for wagering purposes. There are two major components of Off-track Betting that we will try to explain in further detail. They are: 1. Simulcasting 2. Tote (wagering) Simulcasting: Simply put, simulcasting is the transmission of the live video signal from the racetrack to the Off-track Betting location. It is done very much the same way a person receives satellite TV. When the horse races are run, they are transmitted via television cameras to a video control room, which sends the signal to a satellite uplink truck. The satellite uplink truck then sends the live signal to a remote satellite which bounces the live signal back down to the receiving locations. Please see the diagram provided. To ensure security, the signal is encrypted and can only be viewed with specifically authorized satellite decoders. All races wagered on are live. Tote: This is the wagering aspect of horse racing. All the money wagered on a race is sent to our tote company's main frame computer where it is calculated and returned back to the winning bettors. The way it works at an Off-track Betting site is when a person wants to place a wager on a race, he/she will go up to the window and tell the teller what they want to bet and how much. At that point, the teller will issue that person a ticket for the wager through their betting terminal. The data from the terminal is then transmitted via modem to modem connection, for security, to the tote main frame computer. After the race has been run and been declared official, the tote company will send the winning results back to the Off-track Betting site through the modem to modem connection so that all winning wagers can be redeemed. The tote company records all wagering transactions at the site under a separate account for tax records and auditing purposes. Operations OTB sites allow Arizona horseplayers the convenience of watching and wagering on our live and simulcast races without having to come all the way to the track. Since Turf Paradise is only licensed to conduct horse racing, that is all we are allowed to offer the Off-track Betting sites to wager on. The hours of operation for an Off-track Betting site are typically between 11:30 AM and 7:30 PM. On special days such as the Breeders' Cup "'+► and the Kentucky Derby, the Off-track Betting site may open earlier. However, by statute we are not permitted to go past the 7:30 PM deadline. So, no wagering activity will be taking place in the evening. The site will be subject to announced and unannounced on site inspections from the Arizona Department of Racing as well as audits from both the Arizona Department of Racing and Turf Paradise. Staffing and Licensing The Off-track Betting site will have one site supervisor and as many as four tellers that will be employed by Turf Paradise. These people are usually hired from the immediate area and trained by the Turf Paradise mutuel staff. All persons associated with the Off- track Betting site are required to be licensed by the Arizona Department of Racing. This includes: • All Turf Paradise Personnel. Owners with a 10% or greater interest in the site. One additional member of the sites working staff. For an individual to get licensed by the Arizona Department of Racing they must be fingerprinted and have gone through an abbreviated background check. No person with a felony will be permitted to have an A.D.O.R. license. Takeout and Taxes The money wagered at an Off-track Betting site is subject to both a takeout rate and taxes. The takeout rate is a percentage of every bet that is returned back to the track. That amount is set by law. From the takeout, half is returned back to the horsemen in the form of purses. The rest is retained by the track which we call the commission. The commission is subject to town/city sales tax. The last Off-track Betting site in the Fountain Hills area was at the Fort McDowell Casino. That site averaged between $8,000 and $9,000 in money wagered a day. Based on this estimate, the town of Fountain Hills will receive somewhere between $5,500 and $8,000 in town/city sales tax from money wagered at Nick Morgan's Sports Bar each year. Conclusion Turf Paradise has been operating Off-track Betting sites for over ten years and we have been very successful doing it. In those ten years we have not had one serious problem. If the site itself becomes a problem we voluntarily remove the Off-track Betting because we do not want to be associated with a bad element. Off-track Betting is an extension of our business and it is important to Turf Paradise to be a good neighbor in the community. Off-track Betting is designed to improve the business of the racetrack by increasing wagering and the Off-track Betting sites facility by increasing the number of patrons. As mentioned before, Fort McDowell Casino averaged between $8,000 and $9,000 a day. We expect that Nick Morgan's Sports Bar will do just as well because of its location. As you can see from the attached map, the closest Off-track Betting site is 12 miles away. Horseplayers in the Fountain Hills area that frequented Fort McDowell casino are now forced to go to places like Brennan's and Northstar to play the horses. That means that their tax dollars are being kept by the city phoenix. With the opening of the Off-track Betting site at Nick Morgan's Sports Bar, not only will it be more of a convenience for the horseplayers in your area but it will also keep those tax dollars in the town of Fountain Hills. 000 00 <�m z nm D V ems 3 rtzo ufDi n n m ®9 CD x z� mx to CD 0 cn O W- fe '�� - 1 h Nve 3 h v 3 Ave 4 h Av s sI I NI 196e N 2AV U76L S 3 I n N 7th Ave D th v n any 144L S 7t D m At i; m m m m 0 cu rn F v (D f r J, m — Q Q b. O co OLn m ly'1C 61 � Q : J O $0' m N sdale Rd W , t cn (D T N N ma Rd `" :3 ia N Pi a Rd SN - O z7 En Q n T GT _ m m 1I N — A N m� m �' G Rd g (n C7 c 11 m m ,+3 c' f1 X n m — m m cv CD cn O — m p — c n m T .- Z c m P _e R m m =Qt� NON :$ OI ...... ............... CD o o � a7 � (D D 41 c N (D ° CZ o o m CD z 0 o - ?t a o 0 m Z14 e ° -n c O n� 4 r. �O m 7 C) T� (D f J r N. (n w m - m T O W APRIL 11, 2003 PETITION FOR OFF TRACK BETTING AT NICK MORGAN'S SPORT'S BAR 16737 E. PARKVIEW AVE. FOUNTAIN HILLS, AZ 85268 ADDRESS 1. 2. 3. 5. 6. 7, 9./ 10. 11. 12. 13. 14. 15. 1 17. 18. 19. 20. 21. 221 23. 24. 25. PHONE # �06— qQ �Hti - �rzzq �j9 2 80 4- 37 -1291 837—_:5�6�� s37—ff�"-S m APRIL 11, 2003 PETITION FOR OFF TRACK BETTING AT NICK MORGAN'S SPORT'S BAR 16737 E. PARKVIEW AVE. FOUNTAIN HILLS, AZ 85268 1. a- � c --- 77fo 2.AAf ,Qj^ Al I 4. Yy J, Zvi ff P FlVg-kc 162 3 -Z/ OAyFi�-G� ran tiuo :�� y�y7 5. ,BO (J C - • CO3J t ,J 41,?2)-S3 7 - Y 6 2,3 6. 16 8-06 o - oo -os,�O 7. 8. -z _ aC�S�� . ►1 _ c� �f � 7 9. eL4evs 10. (ofz- -I � 7 12. 14. r/C , C 16. / �� Fh' GGUA �� - 654�a 17.)> 18. �, , 1'6111 19-�� J L6 19.s'�U�r ��Zf 20. 21.. i\y rd 2 e_k1.5clq mavctowel �,L�' �c.,.t•(iGr�� /��/f /¢ gtc�in� !� f/ g,?7 S-S 22.% ,, 23. 24. APRIL 11, 2003 PETITION FOR OFF TRACK BETTING AT NICK MORGAN'S SPORT'S BAR 16737 E. PARKVIEW AVE. FOUNTAIN HILLS, AZ 85268 NAME ADDRESS PHONE # 1. o� a-�3� - 3 . 10 516' �i4 4. 5. / o� d . �G 7. 8. UPI+ 9. 10.D €lam 11. 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FOUNTAIN HILLS, AZ 85268 ADDRESS PHONE # �t-) - c � A -r �Au�rai Fo, d�'z. 48o -23 & -��17q .7, -3 �� 90-e1�-J'7 3 vu [ !!?,/_i✓ 0V kL^ C / ' Z AVJ', u L� - /by::7 �;'iX/c /'7/NG �;.�- /nkc<1 16)oF F/i)-py�-UI�1 C-tg l �7s.zew- -6- '7 , ll�,1Z lS� � c- zw m , r/�. 6) -30 _�C3,�t- Ar,&,CSc� 119 S-7 ,7--n ,- �� 2 7%y S /� � , ad' a s Uo 6 f 0 U41CO APRIL 11, 2003 PETITION FOR OFF TRACK BETTING AT NICK MORGAN'S SPORT'S BAR 16737 E. PARKVIEW AVE. FOUNTAIN HILLS, AZ 85268 NAME ADDRESS 1. w I a '4.A� PD �c�C 17Y6 Y, 2.1vg�,lqqyo .0 PHONE # F:* 14 (Lc-S. AZ Y8o•F'/(,•8i� 1 4. 5. 7. Li l eeL /3 00 �• `/s �366 ` s e36 W7,S 8 9 1 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. APRIL 11, 2003 PETITION FOR OFF TRACK BETTING AT NICK MORGAN'S SPORT'S BAR 16737 E. 'PARKVIEW AVE. FOUNTAIN HILLS, AZ 85268, NAME ADDRESS PHONE # 1.ff 7j t wSZ �g 2. 3. ah o �� Al' A11/r e 5., 6. 8. 1039-0 Eras+ A56bc00l-/\ i c't ve ("n 411 AZ q�O q1( 3Z-5 12 tlu" 13..' el'-'rJ vf/y 15. f� S 937 4 s�7 16. c 3 7 G7Sf % 17. 18. 19. 20. 21. 22. 23. 24. 25.