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HomeMy WebLinkAbout2004.0520.TCRM.Packet�TAIN �l a 3 O. b AST 19ti9 • that is A� NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, May 20, 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 'lnyone wishing to speak before the Council must fill out a sneaker'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 TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Pastor Jim Fitz, Fountain Hills Community Church ROLL CALL — Mayor Nichols E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 5-20-04.doc Page I of 2 Last printed 5/17/2004 9:15 AM PRESENTATIONS — Mayor Nichols: to acknowledge outgoing councilmembers for their contributions to the Town of Fountain Hills: Vice Mayor Melendez, Councilmembers Leesa Stevens and Susan Ralphe 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 5/5/04 and 5/6/04. *2.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "PRL Condominiums", a two -unit condominium declaration of an existing duplex located at 16420 Monaco Drive, aka Final Plat No. 206, Block 7, Lot 19, (Case #S2004-01). *3.) CONSIDERATION of the Preliminary and Final Plat for "Final Replat of Lots 13 & 14", a lot join of lots 13 & 14, Block 2, Plat 205 located at 17008 E. Enterprise Drive (Case Number S2004-07). *4.) CONSIDERATION of granting an eight foot PUBLIC UTILITY EASEMENT across Tract C of Plat 302 to Salt River Project for installation of a power service connection for the Desert 5 min Vista Condominiums. REGULAR AGENDA 15 min 5.) QUARTERLY FINANCIAL REPORT. 15 nin 6.) CONSIDERATION of approving the RURAL METRO CONTRACT for emergency and fire services. 15 min 7.) CONSIDERATION of RESOLUTION 2004-05 approving an intergovernmental agreement with Maricopa County for law enforcement services for Fiscal Years 2004-07. 8.) PUBLIC HEARING regarding the Town of Fountain Hills' fiscal year 2004-05 TENTATIVE 60 min BUDGET. 9.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Town of 60 min Fountain Hills' fiscal year 2004-05 TENTATIVE BUDGET. 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. a. 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: b. A. NONE. 12.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 10:00p.m. 13.) ADJOURNMENT. DATED this 17' day of May, 2004 /���%`�(�' % Bevelyn J. Beilder, Town Clerk Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- t0-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\Clerk\HGENDAS\REGULAR\2004\Regular Session 5-20-04.doc Page 2 of 2 Last printed 5/17/2004 9:15 AM 0000000000000000000 ef jo jo O O d O C D D O O a a a a a d a a c�dvvaacsr�avdaaacresavv TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living"; THEREFORE, I, WALLY NICHOLS, MAYOR of the Town of Fountain Hills, Arizona, do hereby urge the citizens of the community to recognize the merits of this cause by contributing generously to its support through your donations for Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. In Witness Thereof, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms that we continue to enjoy as America citizens. Signed y, 2004: Wally Nichols, Mayor, Fountain Hills, Arizona Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 5/20/04 Contact Person: fender 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: draft minutes Council Prioritv (Check Apnror)riate 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 COUNCIL MEETING MINUTES of 5/5/04 and 5/6/04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Approve the draft minutes for archival purposes. List All Attachments as Follows: Draft minutes from 5/5/04 and 5/6/04. Type(s) of Presentation: None Signatures of Submitting Staff: 411J DepartmentHead.---''' Q� Town manager Budget Review (if item not budgeted or exceeds budget amount) 4r. NEWS RELEASE Town of Fountain Hills <> P.O. Box 17958 <> 16836 E. Palisades Boulevard Fountain Hills, Arizona 85269 <> 480.836-2003 <> 480.837-3145 FAX <> www.fh.az.gov FOR IMMEDIATE RELEASE APRIL 30, 2004 CONTACT: Tim PICKERING, Town Manager (480) 816-5107 and tpickerinq(a)fh.az.gov Settlement Reached in Hansen Lawsuit On Thursday, April 1, 2004, the Fountain Hills Town Council authorized the Mayor to execute a settlement agreement between the Town and Cassie Hansen, ending a $2 Million lawsuit filed by Ms. Hansen relating to her departure from the Town's employment. The settlement agreement calls for a payment from the Town to Ms. Hansen in the amount of $112,500. The Town will be required to contribute its deductible of $5,000 and the remainder will come from the Town's insurer. The settlement agreement specifies that the Town is not admitting any liability or wrongdoing, only that it desired to resolve the matter before incurring the burden, expense and delay of further litigation. "The Council believed that it was in the Town's best interest to resolve this matter now and avoid the legal costs to both sides that would result from proceeding to trial," said Fountain Hills Town Manager, Tim Pickering. The settlement agreement contains all of provisions set forth in the terms of settlement document signed by the Town and Ms. Hansen at a mediation held on March 18, 2004, except for the requirement that the parties author a mutually agreed -upon press release; a provision that was waived by Ms. Hansen after the mediation. "The Town believes that this is a good resolution to an unfortunate situation," said Fountain Hills Mayor Wally Nichols. For more information contact Town Manager Tim Pickering at 480-816-5107. - 1 - Page 1 of 1 Bender, Bev Fr^m: John McNeill Dohnmcneill@cox.net] &WWI: Thursday, May 06, 2004 10:44 AM To: Melendez, Rick Cc: Nichols, Wally; Nicola, Kathleen; Ralphe, Susan; Archambault, Michael; Stevens, Leesa; Kavanagh, John; Pickering, Tim; Bender, Bev; jay@votejay.com Subject: RE: Cut and Fill regulations Dear Vice -Mayor Melendez: I read with interest your comments in today's Scottsdale Republic regarding the proposed contract for $105,000 with Maximus for "strategic planning". I agree with your suggestions that this is moving too fast and that it may be an unnecessary expense. There is certainly nothing wrong with long-range planning. However, I question why it is necessary to spend over a hundred thousand dollars on an outside consultant. In the first place, a strategic plan, particularly in Fountain Hills, where Councils often change makeup significantly from one election to the next, is really only good for the Council that adopts it — assuming that THEY don't change their minds. To think that a 5 year plan will still have relevance after 2 new Councils are seated in that time is wishful thinking at best. To make a 5 year plan relevant, it will need to be updated regularly, probably at least once every 2 years. Will we spend another $105,000 each time? It is my understanding that Mr. Pickering is also proposing in the draft budget that an assistant town manager be hired. Noi,e that is something that I think is long overdue. But instead of hiring an outside consultant for strategic planning, why not look for an3tant town manager with good financial and strategic planning skills and task him or her with the job of creating a draft plan - wit input of town residents. For $105,000, you can probably hire a new assistant town manager and have some money left over after paying the first year's salary. In any event, isn't this something that the new Council should decide? If hired, ALL of the consultant's strategic planning work will be performed for the new Council to be seated in June. I will not be able to attend tonight's meeting (my son will be competing for Fountain Hills High School in the Regional track championship meet tonight), but request that these comments be included in the record of the meeting and that my opposition to the hiring of a consultant be noted for the record. Regards, John McNeill 14508 N Creosote Ct Fountain Hills, AZ 837-1306 5/6/2004 '��i; Nt 0 0 N I C') O O N a i CY) Q U) O U CU p > +� O C� (� O �- LL Q Av % rl- LO �t �T c O .VN i E U � N E m 0 M V c1 0 o 00 o (D o 't � o 0 U) cz U c) o O N O C 7C:) i \'J M�Ly, `v �L�(( O L O Q Q) z U C (z o CU 0 L C 7C) cz L U CO >, U C O 0) O E N C O Z O co O � U � U CV O 0) L O E W 0 1 0 CZ a N U O O O- J Q 7C) C (n U z�Q C cd 7 2i O (Z WUH75 O ❑ ■ m ❑ 0 o °' a� Cl) c� Q) U i m = W = C/) CO ■ M ❑ ❑ U Nt O O E O E � O cU c N iL .(D ~ T J � O (n -0U U U) cz W0(nU)o0 ❑ El M ❑ ■ O O O o 0 o O o O O LO o LO o LO o m It co co N N T- T �x 5, x M x, T O E N C O C2 cn (D U) 2 W W O 00 co 't N O O Co N r O O M O 07 C') H co N OD C= O cz U) N N 00 C O ctr O O O O O O O O O O O O LO O In O LO O LO O LO LO It It C'7 c7 N N T r t ►4 El i t i LL i Q Q N i O = N 00 r L .0 O cu L- W El O m QO f� C� m It M N r O T ■ LL O O O O O O O O U') O Ln O Ln O LO ce) C'7 CV N T T x y O CV O CT .0 0Y) Ict O CY) O CT C'7 0 co O 70 c CV U) E L a) i- cn c 0 U N Q cn C 0 U 2- � O N E N � � �_ O N 1 O O •- O N o - a� � E - •C: ( U) U) •> O 4-1 •N U) L O Q N (D CO LL 0o ate. 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LM x M no 0 0 cn z m El 0 0 tn fn tn " tn r--� ffi cli r4 p000l M LM 0 cc aax Cd O Nr 41 bb�.77 I aax F-1 GA O 4-0 0 zo N M El 0 0 rd-a m aax bA O 00 ooe* '14-00000 000000 rm rm aax F-1 GA O W 0 � LJ LM rdal 0 000 0000 ppp�. 41 bb,7- ;.o m is Town of Fountain Hills Town Council Agenda Action Form M Regular Meeting Meeting Date: 5/20/04 Submitting Department: Pub. Works Contact Person: Molly Bosley, Planning/Zoning Administrator Consent:® Regular:❑ Requesting Action:® WONUftEl Tvue of Document Needing Approval (Check: all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the PRELIMINARY AND FINAL PLAT for "PRL Condominiums", a two -unit condominium declaration of an existing duplex located at 16420 Monaco Drive, aka Final Plat No. 206, Block 7, Lot 19, Case #S2004-01. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and BacklZround Information: This request is for approval of the Preliminary and Final Plat for "PRL 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 utilized. The applicant is requesting approval of a two (2)-unit condominium project in an "R-2" zoning district. List All Attachments as Follows: Staff Report; Vicinity Map; Application Type(s) of Presentation: Signatures of Submitting Staff: D artment Head Town NTirnager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF MEMO TO: Honorable Mayor and Town Council DT: May 12, 2004 FR: Molly BoslFy, P, Planning & Zoning Administrator RE: Case # S2004-01; Preliminary and Final Plat for PRL Condominiums LOCATION: 16420 Monaco Drive REQUEST: Consider the Preliminary Plat for "PRL Condominiums", a 2-unit condominium project. DESCRIPTION: OWNER: Patricia R. Lynch APPLICANT: RJR Surveys, Inc. EXISTING ZONING: "R-2" EXISTING CONDITION: Developed LOT SIZE: 13,553 square feet SURROUNDING LAND USES AND ZONING: `ftw NORTH: SOUTH: EAST: WEST: SUMMARY: Duplex; zoned "R-2" Duplex; zoned "R-2" Duplex; zoned "R-2" Duplex; zoned "R-2" This request is for approval of the Preliminary Plat "PRL 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 owner, Patricia R. Lynch, has chosen to convert a two -unit complex and record a Declaration of Condominium to sell the units individually. Unit A has 2,180 square feet and Unit B has 1,995 square feet of livable area and both units have a 2-car garage and covered patio. The property was developed and received a certificate of occupancy prior to the Town's incorporation, under building permit #86-1551. The property is currently a legal non -conforming use as the garage for Unit A encroaches into the 20' front yard setback. Future development will be required to adhere to Chapter 3 of the Zoning Ordinance. The Planning and Zoning Commission considered this request at their May 13, 2004 regularly scheduled meeting and unanimously approved. ® RECOMMENDATION: Staff recommends approval of S2004-01; Preliminary Plat "PRL Condominiums" with the following stipulation: 1. Future development of this site shall conform to Chapter 3 of the Town of Fountain Hills Zoning Ordinance for legal non -conforming structures. rAN-07-2004 15:59 TOWN OF - N HILLS .►'Y1 Y The Town of Fountain Hilts PUBLIC WORKS DEPARTMENT Planning & Zoning Division Area Specific Plan or Change V� 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: P P-(_ pRT, Cnnr3nmin i nma i PROJECT NAME For official Use only Case Manager: _-Mrs- Applicant: RJR S u r v p y, s i T n e, Day Phone 4 8 0- 816 - 9 7 7 3 _Mr. Fountain Ms. Address: P- Q- Box 18172 City_ u i''- State: -A Z Zip: 8� 2 5 9 Mrs. OWE: Patricia R ,y n ch pay Phone 4 8- 5 3$ 215 5-- Mr. Fountain Ms. Address: 16420 E. Monaco Drive (3ty: u; i G State: A_ zip: 85268 Ifapp/AwN0n&befagaubm/tbed ei dw buownerofWepropmrtyandereiwrsrtdersbbq,Meseconbe/ust J=At be camp/etesal, SIGNATURE OF OWNER DAB r HEREBY AUTHORIZE V k� �Jv�; _ TO FILE THIS APPLICATION. Pke a Prin Subscribed and swom before me this _ 7 day of cc_,,,, Zp C � 3AR3ARA 1 N��NKIN My Commission Expires Nbtaiy Public :NG DATE; FEII! PAID: Appllcotion F'69e 2 of 7 -4eY)cc y ACCEPTED BY: (See Fee Schedule) TAN-07-"4 15: 59 The Town of low TOWN OF IN HIU.`' untain. M! 4808371404 P.03 PBA i/Ga Fountain Hills, Arizona LEGAL DESCRIP''IION Final Plat No. 206 7 19 Plat Hame Block Lot PROPERTY ADDncSSS_ 16420 Monaco Drive.. Fountain Hills, AZ 85268 -_ PARCEL SUE (ACmw) 3a 5 5 -' -s - F - ASSESSOR PARCEL NUMBER 17 6 - 0 5 - 3 4 7 NUMBER OF UNITS PROPOSED 2 TRACTS DamNG ZONING: - •R - 2 PROPOSED ZONING - 2 IM tatlon 13Of7 Sg 3 61ofq AIt 9 jj Nd I c — J i O R El I E t �Mr� + �•• Y # : a lOf 1�. 0.DO(7 AS 9qW a 1'OWTNI I115 AROMA. PKAL PUT NM Mr. N YY@ M AS PSID N BOOK N7 OF MAPS. PAGE 2 N TIE ORVE OP T E O M REM N'Ai yy �..�... YUA L01.1ffT. IlOQ6: .s..............e...--.�.._..e. -0D qZ� �m OZ D � � � � D N � �o O D OOtnO n 2 n�O rm O�nZO -_-ir 0o n0nz mU)Dm" Z O T7NnOV oo r ON�T•- n JZ Z Z �cn Z >-OC� A 1-4 �DO�� _� _� y OZND= Z � : C, = D DlnN n a' -U. cn Om D> Z mN O N Z Dij mD Ar n� N O Z O F M D D D V) i Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:® Regular:❑ Meeting Date: 5/20/04 Contact Person:' Molly Bosley, Planning/Zoning Administrator Requesting Action:® TvDe of Document Needing ADAroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Preliminary and Final Plat for "Final Replat of Lots 13 & 14", a lot join of lots 13 & 14, Block 2, Plat 205 located at 17008 E. Enterprise Drive (Case Number S2W4-07). Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request by Marvin E. Hamann for a replat of lots 13 & 14, Block 2, Final Plat 205. The proposed final plat does not include any off -site improvements, therefore a "fast track" process is allowed. The applicant has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of additions without crossing lot lines. The new lot will meet all the requirements of the "C-3" zoning district for size and dimensions. List All Attachments as Follows: Staff Report; Plat Map; Application Type(s) of Presentation: Signatures of Submitting Staff: A - V-1 De artment Hea Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) `%W TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF MEMO TO: Honorable Mayor and Town Council DT: May 10, 2004 through Tim Pickering, Town Manager FR: Molly Bo ley ICP, Planning & Zoning RE: Case # S2004-07; 17008 Enterprise Administrator r h IT Director Director of Drive Public Works �IY�' LOCATION: 17008 Enterprise Drive REQUEST: Consideration of the Preliminary and Final Plat for "Final Replat of Lots 13 & 14", a lot join of lots 13 & 14, Block 2, Plat 205 located at 17008 E. Enterprise Drive (Case Number S2004-07). DESCRIPTION: OWNER: Hannah Hamann Family Trust APPLICANT: Marvin E. Harriman EXISTING ZONING: "C-3" EXISTING CONDITION: Developed LOT SIZE: 56,215 square feet SURROUNDING LAND USES AND ZONING: NORTH: SOUTH: EAST: WEST: SUMMARY: Developed, zoned "C-2" Developed, zoned "C-2" Developed, zoned "C-2" Developed, zoned "C-2" This is a request by Marvin E. Hamann for a replat of lots 13 & 14, Block 2, Final Plat 205. The proposed final plat does not include any off -site improvements, therefore a "fast track" process is allowed. The applicant has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of additions without crossing lot lines. The new lot will meet all the requirements of the "C-3" zoning district for size and dimensions. EVALUATION: The proposed lot is in compliance with the regulations of the Town of Fountain Hills Zoning and �• Subdivision Ordinances. Staff recommends approval of S2004-07, "Final Replat of Lots 13 & 1419, a replat joining lots 13 & 14, Block 2, Final Plat 205 with the following stipulations: 1. The applicant designates a 10' sidewalk easement along the south lot line. 2. The applicant designates a 10' by 10' public utility easement at the corner of the east and north property lines. 3. The applicant designates a 28' vehicular sight easement at the northern corner of the property. 4. The applicant designates a 150' vehicular sight easement at the southwestern corner of the property. PBA 1/02 The Town of Fountain Hills PUBLIC WORKS DEPARTMENT For Official Use Only Case Manager: Planning & Zoning Division .- APPO CATION 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: PROJECT NAME .Z1VDa5 i 1�11gZ T Mrs. Applicant: / . A/? yM/ E_ #1141V)qA Day Phone i Mr. /7O0�/ r D�F/�5/�'N z ' Ms. Address: �. City: State: Zip: ' Mrs. Owner: ITAIMAI�#'qM'q(V1V'_54_rk�lIS�RST810,57- Phone loo . �� y M r. /� Ms. Address: X City: �� State: J-14 -L4 Zip: If application is being submitted by sonmone otfier than the owner of the property under consideration, the section below mi, be completed. --7 SIGNATURE OF OWNER: 7Yi� ) DATE I HEREBY AUTHORIZEV/(v 1�14I�f�iU� TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of �—tllcopa County 9� ;ISz;i l My Commission Expires 'Notary Public �} c0 ,.LING DATE: FEE PAID: 1 ACCEPTED BY: (See Fee Schedule) �� von Application Page 2 of 7�i7S C11 �1. The Town of Fountain Hills LEGAL DESCRIPTION I— 1 �J A � PZA r Plat Name Block PROPERTY ADDRESS Lot PARCEL SIZE (Acres) ` ` z ASSESSOR PARCEL NUMBER 4 7� 'LID z-2 /9',2 NUMBER OF UNITS PROPOSED EXISTING ZONING: �? Application Page 3 of TRACTS PROPOSED ZONING jaU-j>eMUCO kAJa W0uj.o Wp :yuw-a 9999-LC9 (090 •o) Sr9l-[C9 (O9t) 99ZS9 s 3AVV 'S )Ib NI3 nOA9ily 9 Z 31i(15 OZI Mal nlH '3 91L91 �l7]74'iNmi VNVfl V ONIUMMON3 - 11" ; \ '� %- 'e • > L' DN N01 1V Idca as 3s,bda�l raj ] aU—I I z r OXON, Stl J 41 � � ( SIM �L N'019 soz 1Vld wao toot-i-Zr rvSa ' ]lam ixin3�.nvn V �xW33xpx: 1e3rvO�IxJn ♦B f00L iDu4a�] �1'� �. ✓ N J 1 u^ CD z a3 � °� �^ is fi 553 as^e9 `V I �--{ Z G � �' g i^b'��t:':•�� �� �L'c t Nc a''_ 5 Q ate 'ns•, 3 OF—J ¢ o .. 8���g�ob : b Z.h �� mo i•"8:�E' m 00 Chaparral City "`► • • • Water Company 0 A Subsidiary of American States Water Company May 4, 2004 Hannah Hamann Trust Attn: Mr. Marvin E. Hamann P.O. Box 18461 Fountain Hills, Arizona 85269 Re: Intent to Provide Water Service to Lot Join of P1at.205, Block 2, Lot 13 & 14 17008 East Enterprise Drive Fountain Hills, Arizona 85268 Dear Mr. Hamann: This letter is to inform you that water service is available to the above referenced site from our Fountain Hills water system. The Fountain Hills system is currently supplied by multiple ground water wells and surface water treated at our Shea Treatment Plant. Service to this site can be provided from our existing water facilities within Enterprise Drive. �•- Upon completion and execution of an agreement between Chaparral City Water Company (CCWC), and Hannah Hamann Trust that contains satisfactory financial arrangements and other provisions governing water service under our Water Service Agreement, CCWC will provide water service for joined lots 13 & 14 within Plat 205, Block 2. Analysis of more detailed development plans may require the developer to participate in the construction of special facilities prior to the Company providing water service. CCWC is committed to providing water service to all customers within its service area, consistent with the company's obligations under Arizona's water provider statutes and rules. If you have any questions concerning this letter, please let us know. Sincerely, Michael . Thompson, P.E. District Engineer C: Robert N. Hanford, District Manager, CCWC Ernest A. Gisler, Engineering and Planning Manager, SCWC George Tsiolis, Snell & Wilmer, L.L.P. Ms. Molly Bosley, TOFH 12021 N. Panorama Drive, Fountain Hills, AZ 85268 Tel: (480) 837-3411 Fax: (480) 837-5310 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 5/20/04 Contact Person: Tom Ward Requesting Action:® Tvne 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 ADDronriate"Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ® Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION AND POSSIBLE APPROVAL of granting an eight foot PUBLIC UTILITY EASEMENT across Tract C of Plat 302 to Salt River Project for installation of a power service connection for the Desert Vista Condominiums. Staff Recommendation: Approve Fiscal Impact: Yes $00 Purpose of Item and Background Information: Granting an 8' power distribution easement to Salt River Project across Parcel C of Plat 302 to provide power to Desert Vista Condominiums List All Attachments as Follows: SRP Power Distribution Easement Form, Maps Type(s) of Presentation: Signatures of Submitting Staff: D *a'r�t'ment Hea 10K Town Manager Budget Review (if item not budgeted or exceeds budget amount) WHEN RECORDED MAIL TO: 0 SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 POWER DISTRIBUTION EASEMENT Maricopa County RIW 2464 Agt.Tierra Parcel # 176-08-583 Job # KF 1-4018 wl''U THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, hereinafter called Grantor, for and in consideration of the sum of One Dollar, and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, its agents, employees, contractors and permittees and its and their respective successors and assigns, hereinafter called the Grantee, an easement in, upon, over, under, across, through and along the lands hereinafter described (such lands hereinafter described being sometimes referred to herein as the "Easement Parcel"), to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical equipment, including conductors, conduits, pipes, cables, vaults, pads, switching equipment, enclosures, manholes and transformers and all other appliances, and fixtures (collectively "Facilities") for the transmission and distribution of electricity and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Parcel as Grantee may now or hereafter deem necessary from time to time, together with the right of ingress and egress to, from, across and along the Grantor's Property. The lands in, upon, over, under, across, through and along which this easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: Being an easement within a portion Parcel "C", of FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 302, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 156 of Map, Page 45 and more particularly shown and described in Exhibit "A" on Sheet 4 of 5 attached hereto and made part hereof and lying 4.00 feet each side of the centerline shown thereon.. CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment. Notice is hereby given that the location of underground electrical conductors or facilities must be verified as required by Arizona Revised Statutes, Section 40-360.21, et. seq., Arizona Blue Stake Law, prior to any excavation. Within the Easement Parcel, Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of all transformer pads and other equipment pads, and a clear operational area that extends 12.00 feet immediately in front of all transformer and other equipment openings. Grantor shall not engage in any activity which does not conform with National Electric Code standards and the National Electrical Safety Code standards, or interferes with operation and maintenance of the Facilities. Grantor shall not construct, install or place, or permit to be constructed, installed or placed any building, plant any trees, permanently store materials or drill any well within the Easement Parcel. Grantor shall maintain ground cover according to National Electric Code standards and the National Electrical Safety Code, within the area of the Easement Parcel. Grantee shall have the right (but not the obligation) to trim, cut and clear away trees, brush or other vegetation on, the Easement Parcel whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted. In the event Grantee records a document to formally abandon the easement granted herein, all Grantee's rights hereunder shall cease, except the right to remove any and all property placed upon the Easement Parcel within a reasonable time subsequent to such abandonment. The covenants and agreements herein set forth shall extend and inure in favor and to the benefit of and shall be binding on the heirs, administrators, executors, personal representatives, legal representatives, successors (including successors in ownership and estate), assigns and lessees of the Grantor and Grantee. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK IN WITNESS WHEREOF, TOWNOF FOUNTAIN HILLS, an Arizona municipal corporation, has caused its ` name to be executed by its duly authorized representative(s) this day of ' TOWN OF FOUNTAIN an Arizona municimd cost Mayor Attest: Clerk ROVED AS TO FORM: (WAlto6lyA the Town of Fountain Hills STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this 4— day of Z DDT/ , before me, the undersigned, personally appeared 2 '� -- and the Mayor and Clerk of the TOWN OF FOUNTAIN MLLS, an Arizona municipal corporation, and such authorized representative acknowledged that this document was executed on behalf of the corporation for the purposes therein contained. My Commission Expires: OFFICtAI. SM JANE E. ROBINSON Notary Publb . State of Arizona MAA1COPA COUNTY My com. explrea Jan. 28, 2005 Notary Stamp/Seal Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1131 and 11-1132 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2) and (A)(3). Revised 01103 A LEGEND FoNm Par 0 FaW Buss ow AS AMM O fain Bxasw • MW AVA N ASNW.T RXMM A69AMVBSRC —E— OYiailEEIO aww Lw Ci cobaw aLL07 EEC MR7wmw LIE —V7 pas wt'M BE w ►HEFT 2 s�ov EXHIBIT"A" S&ONDRIVE I I I I I I SHEET3 i ------------------ qf------------ I SHEET4 ( ki, i I I 1 I I I I I 1 I I I I I OVEDI NOTES DISTANCES GIVEN TO EDGE OF EPAD ELECTRIC LINES SHOWN HEREON WERE ESTABLISHED FROM BLUE STAKE LOCATION. NO OPEN TRENCHES WERE AVAILABLE AT TIME OF SURVEY. EXACT SPLICE LOCATIONS UNKNOWN. CAUTION ......................... SEE SHEET 5 FOR SURVEYOR'S CERTIFICATION THE EASEMENT LOCATION. AS HEREON DELINEATED, SURVEY: KF1-4018 MAY CONTAIN HIGH VOLTAGE ELECTRICAL EQUIPMENT. NOTICE IS HEREBY GIVEN THAT THE LOCATION OF R.J. R. SURVEYS, INC. DRAWN: BK UNDERGROUND ELECTRICAL CONDUCTORS OF 'ACILITIES MUST BE VERIFIED AS REQUIRED BY P.O. BOX 18372 CHECK: JW IZONA REVISED STATUES, SECTION 40-380,21. ET. FOUNTAIN HILLS, AZ 85269-8372 SCALE: N.T.S. Q., ARIZONA BLUE STAKE LAW, PRIOR TO ANY PHONE (480)816-9773 �►' EXCAVATION. JOB NO. 30228HCL DATE:3-01-04 SHEET 1 OF 5 EXHIBIT"A" PISS MONUMENT COORDINATES N 950028.7601 E 765136.2740 o FOUND GLO BR,4SSC4P AT THE ! INTERSECTION OF THE NORTH LINE SEC 14, T3N, R63 AND THE ! WEST BOUNDARY LINE OF THE ! FORT *DOWELL IND14N COMMUNITYi _ i- �j R=20.00'(R) ! 6, =90'00'60TR) 01 m SEE NOTES L = 31.42 (R) r 7 1 i o 0 ! g ^ r �! I 1 it o / N82 FOUND BOLTSPIKE _ /' 12, 0.21' WEST OF CALCULATED POSITION r ! r ! r � I /r ' )� '/ r 1 / ! � r I / r / Q PISS MONUMENT COORDINATES / N 944758.0996 E 764538.5536 r FOUND GLO BR45SCAP AT THE INTERSECTION ` THE NORTH LINE OF SEC. 23, TAN, R6E •��OF AND THE WEST BOUNDARY UNE OF THE FORT McDOWELL INDIAN COMMUNITY / / LMONDR/VF S83295�(R) 31B.00' (R) 81. o� 2 / P.U.E. CROSSING 4 W(R) R�"�=2300' =35'1757" L=14.17' Q p � 1 / ,(W , Q r 1 / 1 / 1 / i 1 / I / 1 DESERT VISTA CONDOMINIUMS 34 I V 16E - 14 1 V 16N NE 114 SECTION 23, TJN, R6E I � 1 / I / 1 / I / END J NBI pg?7jy' /AZ 1 sea4' to 5429�y (R 175.50' Rg 4948 jy v 1'RIVATEDH/VE�- �- LINE TABLE LINE BEARING DISTANCE L i N19'08'181V 4.56' L2 N78'47481V 5.16, L3 N4035 01 )V 15.97' N6543'081V 18.16' L5 NJT34 54 E 5.30' VL7L4 L6 N5542421V 2.56' N5S42 42 W 7.95' SEE SHEET 5 FOR SURVEYOR'S CERTIFICATION R.J.R. SURVEYS, INC. ! / P.O. BOX 18372 FOUNTAIN HILLS, AZ 85269-8372 ' PHONE (480)816-9773 FOUND SPIKE JOB NO. 30228HCL DATE:3-01-04 IN ASPHALT SURVEY: KF1-4018 DRAWN: BK CHECK: JW SCALE: N.T.S. SHEET 2 OF 5 EXHIBIT"A" 31800' (R) EPAD _ ECABINET I f —T41 —" —104 0 � I j 4.25' Ia20' PUE 0NO3'215 7.41' I I I I II 30' PUE I �I I R = 37.00' (R) 0=89'30'10"(R) I L = 49.99' (R) I LINE TABLE L& BEARING DISTANCE L1 N19'08'18*W 4.56' L2 N78'47 481V 5.16' L3 N40'35'011V 15.97' L4 N65'43'06V 1& 16' L5 N3734 54 E 5.30' L6 N554242W 2.56' L7 N55'4242-W 7.95' SEE SHEET 5 FOR SURVEYOR'S CERTIFICATION R.J.R. SURVEYS, INC. P.O. BOX 18372 'UNTAIN HILLS, AZ 85269-8372 PHONE (480)816-9773 D228HCL DATE:3-01-04 SURVEY: KF1-4018 DRAWN: BK CHECK: JW SCALE: N.T.S. SHEET 3 OF 5 EXHIBIT"A" N 3.65' I � 26 PU & INGRE S86*28 37 E W 46.49' ECREss ESMr ss/ � II � � \ f � SPLICE CONNECTION I OVERHEAD TO UNDERGROUND W I o - S86'2837 E _46,49' I= 42.84 f l l 3.65' I DETAIL I 50' ICE CE � I NOT TO SCALE I J I f EPAD I Ih I I 33' d_ r53851 "" iR) S83'2_352 E (R) 65.29' (R) SEE SHEET 5 FOR SURVEYOR'S CERTIFICATION R.J.R. SURVEYS, INC. P.O. BOX 18372 FOUNTAIN HILLS, AZ 85269-8372 PHONE (480)816-9773 JOB NO.30228HCL DATE:3-01-04 SURVEY: KF1-4018 DRAWN: BK CHECK: JW SCALE: N.T.S. SHEET 4 OF 5 EXHIBIT"A" NOTES: THE BASIS OF BEARING FOR THIS SURVEY IS THE MONUMENTED CENTERLINE OF SIOUX DRIVE AS SHOWN ON THE PLAT OF DESERT VISTA PLACE CONDOMINIUMS, RECORDED IN BOOK 626, PAGE 26, AS BEARING S6745 00 "E. 2. ALL BEARINGS, DISTANCES AND CURVE DATA FOR THE BOUNDARY OF DESERT VISTA CONDOMINIUMS SHOWN ON THIS DRAWING ARE RECORDED DATA TAKEN FROM THE RECORDED PLAT OF SAID CONDOMINIUM. 3. HORIZONTAL AND VERTICAL CONTROL FOR THIS SURVEY WAS THE NGS POINT AJ3689" LOCATED ON PALISADES BLVD. IN THE TOWN OF FOUNTAIN HILLS, ARIZONA: ARIZONA CENTRAL ZONE STATE PLANE GRID NAD 83/99 COORDINATES. - NORTH 947823.6425 EAST 750924.0953 ELEVATION 1988.4 FEET. 4. ELECTRIC LINES SHOWN HEREON WERE ESTABLISHED FROM BLUE STAKE LOCATION. NO OPEN TRENCHES WERE AVAILABLE AT TIME OF SURVEY. EXACT SPLICE LOCATIONS UNKNOWN. 5. APPROXIMATE SPLICE POINT AND END OF ELECTRIC BLUE STAKE CERTIFICA TION, THESE RESULTS ARE BASED ON DATA GATHERED FROM FIELD SURVEY MEASUREMENT WORK PERFORMED UNDER MY OVERALL DIRECTION. THE PURPOSE OF SAID RESULTS OF SURVEY IS TO BECOME THE BASIS FOR THE PREPARATION OF SRP ELECTRICAL AND/OR IRRIGATION UTILITY LAND RIGHTS, DOCUMENTS, AND EXHIBITS, AND IT WAS CREATED AND/OR GATHERED SOLELY TO MEET THAT SPECIFIC PURPOSE. USAGE BY OTHERS FOR ANY OTHER PURPOSE IS NOT APPROPRIATE. FICAT JOHN M. WARE RLS 37937 v J O H N M. RJR SURVEYS, INC � WARE FOUNTAIN HILLS, ARIZONA SURVEY: KF1-4018 R.J.R. SURVEYS, INC. DRAWN: 8K P.O. BOX 18372 CHECK: JW FOUNTAIN HILLS, AZ 85269-8372 PHONE (480)816-9773 SCALE: N.T.S. JOB NO.30228HCL DATE:3-01-04 SHEET 5 OF 5 QARPALPASSIVSC%V5280WD6. VR2 3/18/97 4:02 pm County Parcels I * A 2 z 2 �W1176-08-451 176-08-460 1 176-08-461 2 76-08-466 i http://www.maricopa.gov/assessor/gis/maps/assessor.mwf Tuesday, September 30, 2003 9:11 AM e:Aagenda cover sheet\ruralmetro contract.doc Draft • manpower adequate to provide routine clerical, accounting, payroll, and such other functions as are elsewhere delineated in this Agreement. c Rural/Metro shall assign to the Fountain Hills operation a full time Fire Chief, with the rank of District Chief or higher, who shall be responsible for the supervision and coordination of fire protection and emergency medical services by Rural/Metro within the Town. Rural/Metro will provide the Town Manager a list of at least three candidates from which to select the Fire Chief. Rural/Metro shall assign the Fire Chief to service within the Town for a term of at least two years and such individual will not be reassigned except upon mutual agreement of the Town Manager and Rural/Metro. d The Town Manager shall be responsible for coordinatingall 1 fire protection and emergency medical services with the Town as well as conveying the wishes of the Town to the Fire Chief with respect to such services. The Fire Chief shall at all times consider the request of the Town Manager with respect to the implementation of fire protection and emergency medical services While the Town Manager shall have no chain of command authority to direct the operations of the fire department such authoriq being reserved to the Fire Chief, the parties to this Agreement understand that the Town expects Rural/Metro to reasonably respond to its needs for fire protection and emergency medical services as communicated through the Town Manager. 1.7 Required Reports. Rural/Metro shall be responsible for assembling and recording all performance based statistics and any other report required pursuant to this Agreement. All reports, with the exception of the annual report, will be made available on a monthly basis, and must be completed and made available to The Town of Fountain Hills within fifteen (15) calendar days after the end of each month. The reports that are required monthly pursuant to this Agreement are shown in Appendix "F". The Town of Fountain Hills reserves the right to audit Rural/Metro's contract compliance and emergency operations performance records within seven (7) business days of written request. 1.8 Annual Reports. An annual report shall be filed with The Town of Fountain Hills by September 1st for each year that this Agreement is in effect. The annual report shall include, but not be limited to, a description of the prior fiscal year's goals and objectives of Rural/Metro as it relates to fire operations, fire prevention, and public education; and an updated three year operational plan. 1.9 Response Time. Throughout the term of this Agreement, Rural/Metro's response time on all Code 3 calls, which originate from within the primary service area, shall meet the requirements as set forth in Appendix "A" and "G". v-5 Draft C7 ARTICLE II TERM, TERMINATION AND CONSIDERATION 2.1 Term. The term of this Agreement shall be for a period of five yearst.w months commencing on the 1 st day of July 20024, and terminating June 30, 2009-3. Upon written approval by both parties, this agreement can be extended for one-( 4 an additional two, two year terms _ , terms.30, 2004 with updated 2.2 Termination. Either party may, notwithstanding any of the provisions of this Agreement, terminate this Agreement for convenience upon two years (24 months)written notice. In addition, The Town of Fountain Hills may terminate this Agreement in accordance with the provisions of Section 2.3 or 2.4. 2.3 Termination For Convenience or Lack of Funding. In the event that The Town of Fountain Hills does not fund a fire department or otherwise provide for the provision of fire protection services for its citizens in any fiscal year, either party may terminate this Agreement upon giving ninety {98 65 days written notice. In such event or if this Agreement is terminated by The Town of Fountain Hills for convenience pursuant to Section 2.2 above, The Town of Fountain Hills shall pay 9 V-5 Draft ® to Rural/Metro any amounts due and owing for services provided pursuant to this Agreement through the effective date of termination. 2.4 Termination For Cause. The Town of Fountain Hills may terminate this Agreement for cause in accordance with the following procedures: a. Procedure in the Event of a Major Default. If a major default, as set forth in Appendix "H" occurs, The Town of Fountain Hills shall give Rural/Metro written notice of such major default within seven (7) business days of its discovery. Rural/Metro shall then have thirty (30) days to correct that default or provide The Town of Fountain Hills an acceptable plan to correct the major default. If in the reasonable opinion of The Town of Fountain Hills, the major default has been corrected or the plan to correct such major default is deemed acceptable within that thirty -day period, then the Agreement shall continue. If in the reasonable opinion of The Town of Fountain Hills, the major default has not been corrected or the plan to correct is unacceptable, The Town of Fountain Hills may terminate this Agreement upon giving not less than thirty (30) days written notice to Rural/Metro. If Rural/Metro does not agree with the opinion of The Town of Fountain Hills, then the decision on determining if the major default has been corrected will be made by an arbitrator mutually agreed upon by The Town of Fountain Hills and Rural/Metro pursuant to the Commercial Rules of the American Arbitration Association. b. Procedure in the Event of Other Violations. Violations of this contract, including, but not limited to, failure by Rural/Metro to materially perform any covenant, condition or agreement to be performed by it pursuant to this Agreement, not listed, as major defaults in Appendix "H", shall be remedied within thirty (30) days of written notification from The Town of Fountain Hills. Any violation left uncorrected for more than thirty (30) days after written notification may be declared a Major Default and the procedures set forth above shall apply. c. Five Major Defaults. The Town of Fountain Hills, at its option, may also terminate this Agreement upon giving not less than thirty (30) days notice if five (5) or more Major Defaults occur within any consecutive twelve (12) month period. 2.5 Non-payment by The Town of Fountain Hills. Rural/Metro shall have the right, upon thirty (30) days written notice, to cease service as required by this Agreement in the event The Town of Fountain Hills fails to pay the compensation as provided for under this Agreement, when due. The Town of Fountain Hills further relieves and releases Rural/Metro of any liability for any losses, liabilities, costs and claims occurring during such time Rural/Metro has ceased services as provided herein. Notwithstanding the above, Rural/Metro reserves all other rights and legal remedies which may be available to it. 10 V-5 Draft • 2.6 Consideration. For the performance of services set forth in the Agreement, The Town of Fountain Hills shall pay Rural/Metro Two Million Three Hundred Ninety Five Thousand One Hundred Thirty One Dollars ($2,395,131) Two Million Twe Hundred Seventy Five Thousand Six Handred and Seventy Two dollars ($2 27c 672 00) for the twelve (12) month period commencing upon the Effective Date. The parties shall mutually agree in writing upon the consideration for additional years of this Agreement. Said amount shall be paid in twelve (12) equal monthly installments of One Hundred Ninety Nine Thousand Five Hundred Ninety Four Dollars ($199,594.00) One Hundred - Nine Thousand S: Hundred Thit4 Nine dollars ($4n63n nm on or before the loth of each month for which service is provided with the first payment due within 10 days after the Effective Date. The contract payment includes the amount of Fifty Thousand Four Hundred Sixty Two dollars ($50,462 00) which represents the value of the master ambulance subscription. 2.7 For the lease of the Town owned ambulance Rural/Metro will pay the Town Ten Thousand Dollars ($10 000 00) annually. Said amount shall be paid in four (4) quarterly installments of Two Thousand Five Hundred Dollars ($2500.00) beginning on Julvlst of each contract year. The parties agree to extend the Lease, dated July 1st. 2002, through June 30`° 2009 or at the termination of this Agreement whichever is earlier. 2.7 Increased Compensation and Services. The Contract price will be adjusted as follows: It. July 1st of each year the price for fire protection and emergency medical services shall be increased by no more than five percent (5%). a. Additions or deletions of manpower, equipment, stations, service areas, types of service, etc. during the term of this Agreement will be mutually agreed upon in writing and added to this Agreement; b. In the event of an unusual circumstance, insurance market collapse or extraordinary increase in rates, regulatory changes etc., Rural/Metro retains the right to document and request an adjusted increase for a specific item such as insurance. The Town of Fountain Hills retains sole authority to approve or disapprove that request. ARTICLE III FIRE STATIONS, MAINTENANCE AND EXPENSES 11 V-5 Draft 3.1 Fire Stations. The Manager of the Town of Fountain Hills shall provide, for Rural/Metro's use, fire stations in the primary service area as indicated under Appendix "A". 3.2 Structural Changes. Rural/Metro may not make any structural changes to The Town of Fountain Hills owned fire stations without the express prior written approval of The Town of Fountain Hills. All structural changes shall be at Rural/Metro's sole expense unless The Town of Fountain Hills and Rural/Metro agree otherwise in writing. 3.3 Building Maintenance. Except as set forth in Section 3.4, The Town of Fountain Hills shall be responsible for all maintenance of The Town of Fountain Hills owned fire stations and station grounds. The Town of Fountain Hills shall be responsible for such items as, but not limited to, major building repairs, air conditioning and heating, electrical repairs, parking lot, and providing plants for landscaping. In the event Rural/Metro desires upgrades on station equipment or landscaping, such upgrades shall be at Rural/Metro's expense. 3.4 Daily Maintenance. Rural/Metro shall be responsible for daily maintenance including pest control, upkeep of the interior of the station, station grounds, including mowing and trimming, landscaping upkeep, minor repairs of premises, and custodial and housekeeping services. 3.5 Utilities. Rural/Metro shall be responsible for the cost of all utilities at all fire stations provided by The Town of Fountain Hills. 3.6 Telephone Service. Rural/Metro shall be responsible for the cost of the monthly telephone service used at all fire stations. The Town shall have the right to install, at its own expense, telecommunication and/or computer equipment to enhance connectivity between the fire stations and the Town. 3.7 Damage or Destruction. Rural/Metro agrees to notify The Town of Fountain Hills of any fire or other damage that occurs to any fire station or station grounds provided to Rural/Metro by The Town of Fountain Hills. Such notice shall be given within twenty four (24) hours of such fire or other damage. Any such damage, which occurs due to the sole negligence of Rural/Metro, its employees or contractors, shall be repaired at the expense of Rural/Metro. 3.8 Access to Facilities. Rural/Metro shall permit The Town of Fountain Hills, its agents, and employees to have access to and to enter any Town owned fire stations at all reasonable times for the purpose of conducting maintenance or alterations, or to inspect the facility for any purpose connected with The Town of Fountain Hills duties relative to the repairs, improvements, care and maintenance of the facility or for any other purpose reasonably connected with interest as provider of the facility. 12 V-5 Draft 3.9 Preventative Maintenance. Rural/Metro and The Town of Fountain Hills shall each establish and maintain a comprehensive preventative maintenance program for fire stations and grounds under their areas of responsibility. 3.10 Return of Property j1pon Termination. Upon termination of this Agreement by either party for any reason, all building and grounds shall be returned to The Town of Fountain Hills in the same condition as they were in at the execution of this Agreement except for structural changes properly made under 3.2 herein, non-structural changes and except for normal wear and tear and casualty caused by force majure events. 3.11 Fuel. The Town of Fountain Hills shall be responsible for purchasing fuel for the fire and emergency vehicles. 13 V-5 Draft • ARTICLE IV FIRE APPARATUS AND EQUIPMENT OWNERSHIP MAINTENANCE AND REPLACEMENT REQUIREMENTS 4.1 Fire and Emergency Eauipment Requirements and Responsibilities. The Town of Fountain Hills shall provide all fire and emergency medical response vehicles and related equipment. The fire and emergency medical response vehicles and equipment to be provided are listed in Appendix "I". Additional agreements of purchases are outlined in Article 4.2. In addition to the items listed in Appendix "I", The Town of Fountain Hills shall be responsible for providing and purchasing the following miscellaneous fire and emergency related equipment: a. Miscellaneous Fire and Emergency Equipment. The Town of Fountain Hills shall be responsible for the equipping and purchasing of all miscellaneous fire and emergency -related equipment following the most recent NFPA recommended standards, as may be amended from time to time. The equipment shall include, but be limited to, nozzles, deluge apparatus, entry tools, hose accessories, first aid kits, oxygen, rescue tools, suction units and other equipment needed to perform E.M.T. services outlined in this Agreement. Additional agreements of purchases are outlined in Article 4. 2. b. Rural/Metro shall provide all emergency medical supplies. 4.2 Fire Stations. The Town of Fountain Hills shall purchase fixtures, appliances and furnishings reasonably needed in the daily operation of the fire stations. 4.3 Emergency Communications Equipment. Rural/Metro shall purchase, install and maintain the needed emergency communications for all fire apparatus or emergency vehicles, The Town of Fountain Hills will provide the portable radios. All fire stations and vehicles shall be equipped with radios on Rural/Metro's frequency. 4.4 Air Compressors and Generators. The Town of Fountain Hills shall be responsible for the purchase of all air compressors and emergency power generators located at The Town of Fountain Hills owned fire stations. Rural/Metro shall be responsible for air quality testing of the air compressors. 4.5 Fire and Emergency Apparatus Purchasing and Procedures. When in the opinion of Rural/Metro and The Town of Fountain Hills, it is advisable to purchase additional fire, emergency and staff apparatus or vehicles, Rural/Metro and The 14 V-5 Draft ® Town of Fountain Hills shall mutually agree upon such purchase and The Town of Fountain Hills shall pay for such purchase. During the term of this Agreement, Rural/Metro shall follow The Town of Fountain Hills's budgetary process when requesting the purchase of new apparatus for any upcoming fiscal year. Rural/Metro shall provide all necessary documentation, meet all filing deadlines, and have personnel available for all presentations during this budgetary process. C 4.6 Maintenance of Apparatus and Equipment. Rural/Metro shall maintain all The Town of Fountain Hills owned fire and emergency medical apparatus and equipment. The Town of Fountain Hills will pay Rural/Metro cost of parts plus 10% per item on repairs and will be invoiced on a monthly basis. Supporting documentation of work performed and parts purchased will be included with the monthly invoice, except any repairs resulting from neglect or Rural/Metro will pay for misuse by Rural/Metro. 15 V-5 Draft ARTICLE V CONFIDENTIALITY 5.1 Confidential Information. From and after the date hereof, neither party hereto will reveal, divulge or make known to any person, firm or corporation any Confidential Information (as hereinafter defined) obtained by such party during the term of this Agreement. "Confidential Information" includes, but is not limited to: financial information; audited and unaudited financial reports; operational budgets and strategies; methods of operation; strategic plans; business methods, practices or plans; marketing plans and strategies; management systems programs; computer systems; personnel and compensation information and payroll data; insurance data and loss history, educational and training materials; and other such reports, documents or information. Upon termination of this Agreement, or at any time a party may so request, the other party shall turn over to the requesting party all notes, memoranda, notebooks, or other records or documents delivered to it by the requesting party concerning any Confidential Information, including any copies in its possession (and any computer print-outs, computer tapes, floppy disks, cd-roms, etc.), it being agreed that such Confidential Information is the property of the other party. "Confidential Information" does not include any information that (i) is already lawfully in the possession of or known by a party before receiving the information; (ii) is or becomes publicly known through no violation of this Agreement; (iii) is lawfully received by a party from any third party without restriction on disclosure or use; (iv) is independently developed without violating this Agreement by a party's employees who have not had access to any of the Confidential Information; (v) is required to be disclosed by court order following notice sufficient to allow the party to contest such order; or (vi) is expressly approved in writing, by a party's General Counsel, for release or other use by the party. The provisions of this paragraph shall survive the termination of this Agreement. 16 V-5 Draft • ARTICLE VI MUTUAL AID, INSURANCE AND INDEMNIFICATIONS 6.1 Mutual Aid Agreements. The Town of Fountain Hills may negotiate with other government agencies or their representatives for the purpose of entering into mutual aid agreements. Rural/Metro agrees to honor all existing mutual aid agreements and fire service contracts and future mutual aid agreements entered into by The Town of Fountain Hills. Rural/Metro will assist in any negotiations if requested by The Town of Fountain Hills. 6.2 Insurance. a. Policies. Rural/Metro shall maintain at all applicable times, at its own expense, comprehensive general liability, professional liability/medical malpractice, and automobile liability insurance with limits of insurance coverage of no less than ten million dollars. Such insurance shall include coverage for The Town of Fountain Hills' vehicles operated by Rural/Metro. Rural/Metro shall maintain in full force at all times during the term of this Agreement workers' compensation and employer's liability insurance. The Town of Fountain Hills shall be named as an additional insured on the comprehensive general liability insurance policy. b. Insurance Carrier. At the time Rural/Metro procures insurance, the insurance company used by Rural/Metro shall be one licensed by the State of Arizona or appear on the Insurance Commissioner's list of approved carriers and the carrier must be at least `B plus" rated according to the A.M. Best Key Rating Guide Latest Edition. In the event that Rural/Metro's insurance carrier's rating drops below `B plus", Rural/Metro shall notify the Town as soon as possible in writing upon learning of the change. The Town shall consult the Town's Risk Management Department and determine, in conjunction with Rural/Metro's Director of Risk Management, a reasonable length of time for Rural/Metro to obtain a higher -rated policy. Rural/Metro will then obtain a higher -rated policy within that time. c. Certificate. Rural/Metro shall submit a certificate of insurance evidencing the required insurance and limits stated above at the time of the execution of this Agreement. d. Cancellation/Expiration Notice. The certificate of insurance shall provide for a minimum of thirty (30) days' advance written notice prior to cancellation. 6.3 Insurance Grading. Rural/Metro may, after prior written approval by The Town of Fountain Hills, apply for regrading by the insurance service office of Arizona for the purpose of allowing The Town of Fountain Hills to receive additional 17 V-5 Draft • insurance premium rate credits. The parties hereto shall use their best efforts to maintain the insurance service office grading that exists as of the date of the execution of this Agreement. 6.4 Indemnifications. Rural/Metro shall indemnify and hold harmless The Town of Fountain Hills, its authorized agents, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, caused by or resulting from the negligent or intentional acts or omissions by Rural/Metro, its authorized agents, officers, directors and employees committed in the course of performing its obligations under this Agreement. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. a. The Town of Fountain Hills shall indemnify and hold harmless Rural/Metro, its authorized agents, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, caused by or resulting from the negligent or intentional acts or omissions by The Town of Fountain Hills, its authorized agents, officers, directors and employees in connection with or related to this Agreement. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. b. The amount and type of insurance coverage requirements set forth in this or any other Agreements between the parties will in no way be construed as limiting the scope of indemnity provided by this Section. 18 V-5 Draft A 7.1 19 V-5 Article VII Ambulance Transportation Ambulance Transportation. Med tally necessary_,emergency and non- meraencv ambulance transportaturn services as contemplated herein,. utilizing the manning and vehicles stated herein, will be at no out -of pocket cost to bonafidero n residents.:The contract pament by the Town of Fountain Hills includes a master subscription for all Town residents who arerovided medically necessary ambulance transports. If the ambulance-tans�t provided to a Fountain Hills resident meets medical necessity guidelines as defined by the Centers for Medicare and Medicaid services Rural/Metro Corporation will bill and collect all third party and supplemental benefits on behalf of the Town Resident and accept this as payment in lull. The master ambulance contract fee is designed to cover the out -of pocket co -payment for residents. The actual amount specified in the contract price must be adjusted annually based on actual usage of ambulance Services in order to comply with federal regulations. Centers for Medicare and Medicaid Services Guidelines a. The patient must be transported to the nearest appropriate facility. b. The patient was transported in an emergency situation, e.g as a result of an accident iniury or acute illness, or c. The patient needed to be restrained to prevent injury to the beneficiary or others; or d. The patient was unconscious or in shock; or e. The patient required oxygen or other emergency treatment during transport to the nearest appropriate facility; or f. The patient exhibits signs or symptoms of acute respiratory distress or cardiac distress such as shortness of breath or chest pain; or g. The patients exhibits signs or symptoms that indicate the possibility of acute stroke; or h._ The patient had to remain_ immobile because of a fracture that had not been set or the p ossibilit of a fracture i__1'he patient was experiencin#, a severe hemQi_rhage; or j. The patient could only by . e moved by stretcher; or k. The patient was bed -confined before and after the ambulance transport, Ambulance transportation must originate within Rural/Metro's approved Primary Service Area. Rural/Metro Corporation reserves the right to bill and collect all third party benefits if applicable, or the patient if necessary,at the Arizona Department of Health Services rates for certified ambulance services in Arizona, for all transports provided to non -Town of Fountain Hills residents. Charges for non -medically necessary services provided to Town of Fountain Hills residents. will be billed directly to the patient by the contractor at the Arizona Department of Health Services rates for certified ambulance services in Arizona. Rural/Metro Corporation reserves the right to bill an tad party insurance on behalf of any patient, when it is determined that the third party insurance follows medical necessity guidelines that differ than those defined by the Centers for Medicare and Medicaid Services. Draft A ARTICLE VII AMBULANCE OW OWN e. The patient feqttifes oxygen of other efnefgeney treatment en route to the hospital fib f The patient has to imm3bilc�_dae t.. fr ..t.. possible i'r i.t.. ll�i�,TL[�L�Z�Ll-C[L LZ1r� VI-17VJJL VIL+ ITZLC.LCi1L Of; h The patient i rinr.nialr .-,,efe blee ir..-. .. llb JL.�Y GI Li V1ul.�iI1I I. �, L/I. ♦ i 1 ♦ I/ ,I . Sa 20 V-5 Draft 11 ARTICLE VIII MISCELLANEOUS 8.1 Governing Law. This Agreement shall be governed, construed and controlled according to the laws of the State of Arizona. 8.2 BindingEffect. This Agreement and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefits of the parties hereto and their respective successors, assigns or other legal representative as herein provided. 8.3 Lem. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys fees, costs, and expenses. 8.4 Waiver. It is agreed and understood that any failure to strictly enforce any provision hereof shall not constitute a waiver of right to demand strict performance of that or any other provisions hereof at any time thereafter. 8.5 Severability. The terms and conditions of this Agreement are separate and separable, and if for any reason, any court of law or administrative agency should deem any provision hereof invalid or inoperative, the remaining provisions of this Agreement shall remain valid and in full force and effect. 8.6 Independent Contractor. Rural/Metro is an independent contractor and nothing in this Agreement shall be construed as creating an employment relationship, agency, partnership, or joint venture between the parties. Each party shall control and direct the methods by which it performs its responsibilities hereunder. 8.7 Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto. Notwithstanding the above, this Agreement or any or all of the services required herein may be assigned or subcontracted to any of Rural/Metro's affiliates. 8.8 Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: 21 V-5 Draft • C Rural/Metro Corporation, Inc. 8401 E. Indian School Road Scottsdale, Az. 85251 Attention: General Counsel Rural/Metro Corporation, Inc. Attention: Maricopa Fire Chief 8401 E. Indian School Rd. Scottsdale, Arizona 85251 The Town of Fountain Hills 16838 E. Palisades Fountain Hills, Arizona 85268 Attention: Town Manager Either party can change the notification addresses listed above with proper notice as listed above. 8.9 Entire Agreement, Conflicts, Amendment. This Agreement constitutes the entire agreement between the parties with relation to the subject matter hereof, and supersedes any previous Agreement or understanding, whether oral or otherwise. In the event of a conflict with the provisions of this Agreement and any exhibits thereof, the terms of this Agreement shall control. No addition, deletion, or other amendment hereto may be made except as is agreed in writing by both parties. 8.10 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 8.11 Force Majeure. Except for payment obligations, either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war, riot or insurrection, law or regulation, terrorist act, strike, flood, fire, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 8.12 Court or Agency Rulings Binding on Both Parties. In the event any court of competent jurisdiction determines that The Town of Fountain Hills, for whatever reason, cannot contract out its fire protection service to Rural/Metro or any other third party then this Contract will terminate immediately upon the date any such decision is announced. Thereafter, Rural/Metro will immediately cease operations under this Contract, vacate all Town property set out herein within thirty (30) days of the decision, and deliver possession of all equipment, materials and personal property belonging to the Town within thirty (30) days of the decision. Rural/Metro will be paid for any services rendered. 22 V-5 Draft 8.13 The parties agree to comply with all applicable Town, County, State and Federal laws. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written, Rural/Metro Corporation John S. Banas III Title: Secretary 23 V-5 The Town of Fountain Hills By: Wallv Nichols john Bey ier Title: Mayor Attest: Bev Bender Cass e Hans Title: Town Clerk Draft 0 0 APPENDIX A PRIMARY SERVICE AREA (SEE ATTACHED MAP) to be provided prior to contracting 24 V-5 Draft APPENDIX B INCIDENT RESPONSE Rural/Metro shall respond to the following types of incidents, including but not limited to, the following classifications. Rural/Metro shall respond either Code 2 or Code 3 as noted: Commercial Assignments Code 3 Multi -Unit Commercial Assignments include but may not be limited to incidents where fire or smoke is visible or the possibility of large loss of life due to: Commercial Structural Fires Report of Explosion or collapse in a commercial building Residential Assignments Code 3 Multi -Unit Residential Assignments include but may not be limited to incidents where fire or smoke is visible or the possibility of loss of life due to: Residential Structural Fires Report of Explosion or collapse in a residential building Grade 1 Commercial Assignment_ Code 2 Grade 1 Commercial Assignments include but not limited to incidents where there is a report or fire alarm, smell of smoke, water flow without visible smoke or fire in a commercial structure. Grade 1 Residential Assi ng ment Code 2 Grade 1 Residential Assignments include but not limited to incidents where there is a report of fire alarm, smell of smoke, water flow without visible smoke or fire in a residential structure. Still Assignment Code 3 Single unit response to a report of fire or emergency including but not limited to: Vehicle Fire Brush Fire Refuse Fire Non -EMS Rescue Person Trapped 25 V-5 Draft Emergency Medical Assignment Code 3 Single unit response to a report of injury or illness including but not limited to: Vehicle Accidents Assaults Asphyxiation/Choking Burns Difficulty Breathing Drowning Electrocution/Shock Fall Heart Attack Illness/Sickness Obstetrical Overdose/Poisoning Person Down/Unconscious Person Trapped Psych./Behavioral Suicide/Attempted Suicide Other Medical Other Trauma Hazardous Incidents Code 3 10 Multi -Unit or single unit response to a report of unconfirmed Hazardous Material situations including but not limited to: Fuel Leak Electrical Problem Structural Collapse Explosion Hazardous Condition or Stand-by Service Incidents Code 2 Single unit response to a request for emergency Code 2 service including but not limited to: Invalid Assistance Water Problems Dangerous Animal Removal Sprinkler Activation without Fire Animal Trapped Check Odor Vehicle Lockouts House Lockouts 26 V-5 Draft Commercial and Residential Assignment Response The following response guidelines will be in place as lop,, as Rural/Metro is providing fire protection services to the Citv of Scottsdale New mutually agreed upon guidelines will be established once a mutual aid agreement is established with the City of Scottsdale. Eng. 822 3 (1 CAPT, 2 FF/CEP) Rescue 822 2 (1 FF/CEP, 1 FF) Ladder 823 3 (1 CAPT, 1 FF/CEP, 1 DFM) Scottsdale Engine 3 (1 CAPT, 2 FF/CEP) Dist. 822 1 TOTAL 12 Dist. 823 (BN 14) 1 (Mon -Fri, 0700 TO 1700) TOTAL 13 Move Up Units Scottsdale Engine/Ladder 3 To Station 823's area Scottsdale Rescue 2 To Station 822's area GRAND TOTAL 18 Confirmed fire or 2ND Alarm Scottsdale Engine/Ladder 3 Response to incident Scottsdale Rescue 2 Response to incident BN. 14 (BN10) 1 Response to incident Move up Units Engine Co. 3 To Station 823's area Rescue 2 To Station 822's area 27 V-5 Draft C7 � -1 APPENDIX C FIRE CODE In the interest of community safety, Rural/Metro will work closely with the Town of Fountain Hills staff to evaluate, adopt and enforce a nationally recognized fire code along with the associated National Fire Protection Association Standards documents. The following Rural/Metro will follow and enforce the codes/standards that are in effect under Town Code Ordinance 96-38: 28 V-5 Draft APPENDIX D STANDARDS FOR TRAINING The following handbooks are used are used in the training of fire personnel: IFSTA Essentials of Firefighting, Fourth Edition NFPA 1001 Professional Firefighters Qualifications 1997 edition NFPA 1021 Fire Officers Professional Qualifications 1997 edition International Fire Code Institute- Certified Uniform Fire Code Inspector These publications will be reviewed and updated by mutual agreement between Rural/Metro and The Town of Fountain Hills. 29 V-5 Draft. `.. APPENDIX E MANPOWER 40 hours per week 1 Fire Chief 1 Assistant Fire Chief/Fire Marshal (To be left unfilled until mutuallagreed upon) Shift Personnel Per Day 2 Captains 4 Paramedics 1 Fire Fighter 1 Deputy Fire Marshal (can be replaced by a Fire Fighter during periods of scheduled time off and sick days) Chiefs 822 & 823 1 Chief 1 Asst. Chief/Fire Marshal (Unfilled until Mutually greed upon) (Minimum 1 chief on call 24/7) ENGINE 822 LADDER 823 RESCUE 822 1 Captain 1 Captain 1 Firefighter/Paramedic 2 Firefighters* 1 Firefighter* 1 Fire Fighter/EMT 1 Deputy Fire Marshal/ EMT * Engine 822 will be staffed with two Paramedics, Ladder 823 will have one Paramedic. 30 V-5 Draft APPENDIX F REQUIRED REPORTS The following are the required monthly reports to be made available by Rural/Metro to The Town of Fountain Hills: Total number of incidents responded to in the primary service area Average response times Fire loss/potential report Response Exceptions Training hours Building and site inspections Building and site plan reviews Public education activity The parties agree that the Fountain Hills Rural/Metro Fire Chief and the Town Manager, or his designee will meet on a quarterly basis to perform a thorough review of the reports required in the agreement and to discuss performance and/or contract issues. At the discretion of the City Manager the Fire Chief will also provide a quarterly presentation to the Town Council. 31 V-5 Draft APPENDIX G RESPONSE TIMES Response Time. Throughout the term of this Agreement, Rural/Metro's response time on all Code 3 calls, which originate from within the primary service area, shall average five minutes or less, except in those areas outlined in Exhibit A which will average eight minutes. a. Response Time Definition. Response time is defined as that period of time between when the first apparatus goes enroute to a Code 3 call, to the time of the arrival of the first piece of emergency or fire apparatus at the address of the call. b. Response Time Liabilities. Rural/Metro obligated under the terms of the Agreement, to meet the response time requirements set forth herein a minimum of ninety percent (90%) of the time excluding exceptions. Performance Evaluation/Exception. In performing calculations to evaluate Rural/Metro's response time performance as set forth herein, all response times originating from within Rural/Metro's primary service area, consistent with the requirements of Section 1.4 herein, shall be included except as follows: a. Response times shall be excluded where a Rural/Metro unit is instructed to "downgrade" the response time from a higher priority level to a lower priority level (i.e., Code 3 lights and sirens to Code 2 no lights and sirens) by the caller or third party. b. Response times may be excluded which occur during periods of such severe weather and road conditions which could reasonably be expected to substantially impair Rural/Metro's response time performance, provided it shall be Rural/Metro's responsibility to document said conditions, the time period affected, and the affected response times. Rural/Metro shall forward such report to The Town of Fountain Hills, who will make a determination as to whether to exclude or include the affected response times. Excessive responses occurring during periods of unusual system overload. Unusual system overload is defined as a period of time during which units from two (2) or more stations are simultaneously on emergency calls, originating from within the primary service area. Response times to calls in excess of that number shall not be included in response time calculations. Under this subsection, response times shall not be included which occur during the time in which Rural/Metro has sent an emergency or fire apparatus vehicle, which is assigned to the primary service area to an area other than the primary service area. d. The response time requirements of this Agreement shall be suspended during a declared disaster in the community of The Town of Fountain ID Hills or in a neighboring jurisdiction, which has requested assistance 32 V-5 Draft • from Rural/Metro. For the purpose of this provision, the declaration of disaster must be made or affirmed by the chief executive officer of that particular jurisdiction or his/her designee. e. In cases of multiple response runs, (i.e., where more than one fire unit is sent to the same incident), only the response of the first arriving unit shall be counted for purposes of measuring Rural/Metro's response time performance. f. Petitioning. Where not specifically set forth in this appendix, Rural/Metro may petition The Town of Fountain Hills for an exception to the response time requirements when, due to circumstances beyond the control of Rural/Metro, they are unable to meet the required response time on a specific incident. Rural/Metro shall document said unusual circumstances, the time period affected, and the affected response times. Rural/Metro shall forward such reports to The Town of Fountain Hills, who will make a determination as to whether to exclude or include the affected response time. g. Any excluded incident cannot be applied to any of Rural/Metro's performance statistics set forth in sections (b)(c)(d). n U 33 V-5 Draft n U APPENDIX H MAJOR DEFAULTS The following are a list of what shall be considered to be major defaults by Rural/Metro pursuant to this Agreement. 1. Failure to provide any of the services listed in Sections 1.1 (a) through (1) 2. Failure to respond to Code 3 calls originating in the primary service area. 3. In regards to personnel, a failure to meet the staffing level requirements established in Section 1.6 (a) and (b). 4. Failure to indemnify The Town of Fountain Hills pursuant to Section 6.4 (a) where legally obligated to do so. 5. Failure to remove liens caused to be put on The Town of Fountain Hills property by the action of Rural/Metro. 6. Failure to maintain the insurance requirements set forth in Section 6.1 (a), (b) and (c). 7. The filing of Rural/Metro of a voluntary petition in bankruptcy, or the failure by Rural/Metro promptly to lift any execution or garnishment or attachment which would impair the ability of Rural/Metro to carry on its governmental functions, or any assignment by Rural/Metro for the benefit of creditors, or the institution of any proceeding under the provisions of the United States Bankruptcy Code. 34 V-5 Draft APPENDIX I INITIAL VEHICLES AND EQUIPMENT Town of Fountain Hills Owned Vehicles VIN # License Plate # 1990 Ford FMC IFDYD8OUXLVA13138 LG-15G3 1998 LaFrance 4Z36EFEBXYRF75528 G-151CK 1987 FMC GDM701GN8V130686 LG-55A4 1990 Ford 2FDLF47MILCA00707 LG-52G8 1990 Ford 2FDKF38M9LCA89222 LG-45G9 2000 Ford 1FDWF36F8YED43350 G-816CT 2001 Ford IFDAW57FXIED00204 G-814CT 2000 LaFrance 4Z36ESB IXRB05483 Temp. Plate 2001 Ford 1FMPU16L91LB77040 G-815CT 2000 Ford IFMZU62XOYZB94668 G-161CK 1996 Ford 1FMDU32X4TZB61528 G-594BJ 1992 Ford IFMDU32XONUD82270 G-943AV 1987 Ford 1FTEX15Y3HKA89472 G-944AV 35 V-5 Draft • EXHIBIT I VEHICLE LEASE AGREEMENT THIS VEHICLE LEASE AGREEMENT is made and entered into on the I" day of July, 2002 by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Lessor") and RURAL/METRO CORPORATION, an Arizona corporation (the "Lessee"). RECITALS: A. Lessor is the owner of a certain vehicle and related equipment listed on Schedule A attached hereto (collectively, the "Vehicle"). B. Lessee desires to lease such Vehicle from Lessor, subject to the terms and conditions contained in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the personal property listed on Schedule A, as amended from time to time, upon the terms and conditions set forth below. 2. Term and Rent. The term of this lease for the Vehicle shall commence upon the initial delivery and acceptance of the Vehicle (the "Lease Commencement Date") and continue for a period of one year. Thereafter the lease will automatically renew for successive one year terms until terminated by either party upon ninety (90) days notice provided, however, that in no event shall the term of this lease extend beyond the later of the termination or expiration of that certain Fire Protection Services Agreement between Lessor and Lessee dated as of July 1, 2002 (the "Services Agreement") or the date on which Lessee ceases to provide fire protection services to Lessor. As rent for the Vehicle throughout the term of this lease, Lessee hereby agrees to credit Leesor's fiscal year 2003 Fire Protection and Emergency Medical Services Agreement by the amount of Ten Thousand Dollars_. 3. Repairs and Maintenance, Operating Expenses. Routine repairs and/or preventative maintenance of the Vehicle, after delivery to the Lessee, shall be the sole responsibility of Lessee, and Lessor shall have no duty to repair or maintain the Vehicles other than to cooperate with and inform Lessee of any problems or defects in the Vehicle. In the event of loss or damage to the Vehicle beyond 36 V-5 Draft normal wear and tear, Lessee shall be responsible for such loss or damage, but only to the extent of any net proceeds received from insurance on the vehicle. 4. Warranties. LESSOR MAKES NO WARRANTIES AS TO THE VEHICLES EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE VEHICLES. Lessee agrees to make the rental and other payments required hereunder without regard to the condition of the Vehicles or any part thereof and to look only to the manufacturer, vendor or carrier thereof should the Vehicles, when received, be defective in any manner, or should the Vehicles or any part thereof for any reason other than improper maintenance resulting from the nonperformance of Lessor's duties described above, be inoperative or defective. 5. Lessee's Default. The occurrence of any one or more of the following shall constitute a default by Lessee and a breach of this Lease: (1) the failure of Lessee to pay any installment of rent promptly when same shall become due; (2) any breach or failure of the Lessee to observe or perform any of its other obligations hereunder; or (3) the making by the Lessee of an assignment for the benefit of creditors or the entry of a petition against Lessee for involuntary bankruptcy. 6. Insurance. Lessee shall obtain on the Vehicle, at its own expense, property damage and liability insurance in such amounts, against such risks, in such form and with such insurers as shall be required by the Services Agreement. 7. Return of Vehicle. Upon expiration or termination of this Lease, Lessee will immediately return the Vehicle to Lessor at such location as Lessor shall designate. 8. Noncancelable Lease. This Lease cannot be canceled or terminated except as expressly provided herein. 9. Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Arizona, irrespective of the fact that either party is or may become a resident of another state. 10. BindingEffect. ffect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 11. Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assignment without such consent shall be considered null and void. Notwithstanding the above, this Agreement, or any 37 V-5 Draft or all of the services required herein, may be assigned, or subcontracted to any of Rural/Metro's affiliates. 12. Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. 13. Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 14. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Rural/Metro Corporation 8401 East Indian School Road Scottsdale, Arizona 85251 Attn: General Counsel Town of Fountain Hills 16836 E. Palisades Fountain Hills, Arizona 85268 The notification addresses listed above can be changed by either party with proper notice as listed above. 15. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. 16. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 17. Execution by Facsimile; Delivery of Original Signed Agreement. This Agreement may be executed by facsimile, and shall be deemed effectively executed upon the receipt by both parties hereto of the last page of this Agreement duly executed by the other party. Each party to this Agreement agrees to deliver two (2) original, inked and signed Agreements within two (2) days of faxing the executed last page hereof. 38 V-5 Draft 18. Dispute Resolution. If a dispute arises among the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof (the "Dispute"), the parties agree to use the following procedure in good faith prior to any party pursuing other available judicial or non judicial remedies: a. A meeting shall be held among the parties within ten (10) days after any party gives written notice of the Dispute to each other party (the "Dispute Notice") attended by a representative of each party having decision -making authority regarding the Dispute (subject to board of directors or equivalent approval, if required), to attempt in good faith to negotiate a resolution of the Dispute. b. If, within thirty (30) days after the Dispute Notice, the parties have not succeeded in negotiating a written resolution of the Dispute, upon written request by any party to each other party all parties will promptly negotiate in good faith to jointly appoint a mutually acceptable neutral person not affiliated with any of the parties (the "Neutral"). If all parties so agree in writing, a panel of two or more individuals (such panel also being referred to as the "Neutral") may be selected by the parties. The parties shall seek assistance in such regard from the American Arbitration Association or the Center for Public Resources if they have been unable to agree upon such appointment within forty (40) days after the Dispute Notice. The fees and costs of the Neutral and of any such assistance shall be shared equally among the parties. C. In consultation with the Neutral, the parties will negotiate in good faith to select or devise a nonbinding alternative dispute resolution procedure ("ADR") by which they will attempt to resolve the Dispute, and a time and place for the ADR to be held, with the Neutral (at the written request of any party to each other party) making the decision as to the procedure and/or place and time if the parties have been unable to agree on any of such matters in writing within ten (10) days after selection of the Neutral. d. The parties agree to participate in good faith in the ADR to its conclusion; provided, however, that no party shall be obligated to continue to participate in the ADR if the parties have not resolved the Dispute in writing within one hundred twenty (120) days after the Dispute Notice and any party shall have terminated the ADR by delivery written notice of termination to each other party following expiration of said 120-day period. Following any such termination notice after selection of the • Neutral, and if any party so requests in writing to the Neutral (with a copy to each other party), then the Neutral shall make a recommended 39 V-5 Draft • resolution of the Dispute in writing to each party, which recommendation shall not be binding upon the parties; provided, however, that the parties shall give good faith consideration to the settlement of the Dispute on the basis of such recommendation. e. Notwithstanding anything herein to the contrary, nothing in this Section shall preclude any party from seeking interim or provisional relief, in the form of a temporary restraining order, preliminary injunction or other interim equitable relief concerning the Dispute, either prior to or during the ADR process if necessary to protect the interests of such party. Further, this Section shall be specifically enforceable. f. At the reasonable request of either party, the Neutral shall adopt rules and procedures designed to expedite the dispute resolution process. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. RURAL/METRO CORPORATION TOWN OF FOUNTAIN HILLS By: By: Its: Its: 40 V -5 �%w on FIRE PROTECTION AND EMERGENCY 2 v-s MEDICAL SERVICES AGREEMENT BETWEEN The Town of Fountain Hills, an Arizona municipal corporation AND Rural/Metro Corporation, an Arizona corporation 9196.009Utural Metro Contract 04.v3.doc TABLE OF CONTENTS Article I General Responsibilities, Obligations and Duties of Rural/Metro Fire Department, Inc. Article II Term, Termination and Consideration Article III Fire Stations, Maintenance and Expenses Article IV Fire Apparatus and Equipment Ownership, Maintenance and Replacement Requirements Article V Confidentiality Article VI Mutual Aid, Insurance and Indemnifications Article VII Ambulance Article VIII Miscellaneous Appendix A Primary Service Area Appendix B Incident Response Appendix C Fire Code Appendix D Standards for Training Appendix E Manpower Appendix F Required Reports Appendix G Response Times Appendix H Major Defaults Appendix I Initial Vehicles and Equipment 3 V-5 9196.009Utural Metro Contract 04A.doc FIRE PROTECTION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this c>2) day of-, 2004, by and between the Town of Fountain Hills, an Arizona municipal corporatio e "Town") and Rural/Metro Corporation ("Rural/Metro"), an Arizona corporation, and shall be effective as of July 1, 2004 (the "Effective Date"). RECITALS: A. The Town is a municipality created and existing under the laws of the State of Arizona. B. The Town desires to provide for fire protection and related fire services within its corporate limits and limited adjacent areas thereto (the "Primary Service Area"), as more particularly depicted on Appendix "A" attached hereto and incorporated herein by reference. C. The Town also desires to provide emergency medical services within the Primary Service Area. D. Rural/Metro is in the business of furnishing fire protection services, as well as emergency medical services. E. Rural/Metro desires to provide to the Town with fire protection and emergency medical services. F. The Town desires to enter into an agreement with Rural/Metro whereby Rural/Metro will provide the community with fire and emergency related services to be undertaken in accordance with the responsibilities set forth in this Agreement. NOW THEREFORE, in consideration of the mutual undertakings and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I GENERAL RESPONSIBILITIES, OBLIGATIONS AND DUTIES OF RURAL/METRO 1.1 Fire and Emergency Related Activities. In the Primary Service Area, Rural/Metro and its personnel shall be trained and equipped to perform, and shall use its best efforts to perform the following fire and emergency related activities (referred to herein as the "Services"): 4 V-5 9196.009\Rural Metro Contract 04A.doc a. Fire suppression activities relating to structures and buildings of whatever kind, brush fires, trash fires, or any other kind of fire of whatever nature. b. Provide first responder response to Hazardous Materials incidents, including but not limited to chlorine leaks, LPG leaks, pesticide leaks, highway accidents with unknown hazardous materials involved, etc. Rural/Metro shall have the right to seek reimbursement from property owners for the cost to replace disposable and durable equipment used to mitigate a hazardous materials incident. C. Advanced life support to all emergency medical requests or incidents. All full-time personnel responding to an emergency medical request or incident shall be at minimum of State certified Emergency Medical Technicians. d. Respond to and use its best efforts to perform all emergency and non -emergency services set forth in Appendix "B". e. Fire prevention activities including code compliance inspection activities to existing occupancies, as adopted by the Town as set forth in Appendix "C". f. Conducting master plan review function as required by the Town. Upon request of the Fire Chief or Town Manager, Rural/Metro will provide additional plan review assistance as needed, at no additional cost to the Town. g. Rural/Metro shall be responsible for a community -wide fire prevention education program to include public education activities to the community served by the Town. Public education activities shall at a minimum include, but not be limited to: fire prevention week activities, junior fire setter program, providing CPR certification courses to residents, and providing Fire and Life Safety Education to all schools serving the Town area. h. Shall conduct inspections of new construction as required by the Town of all new fire protection systems, including, but not limited to sprinkler systems, alarm systems, etc. Rural/Metro shall be responsible for assuring all fire protection Certificate of Occupancy requirements are met prior to Rural/Metro signing off on the Certificate of Occupancy. i. Make available to the Town residents fire safety reviews such as is customarily offered by Fire Departments. j. Enforce the Fire Prevention Code and other fire related ordinances as set forth by the State of Arizona and/or the Town. k. Perform arson investigations. 1.2 Training. a. Rural/Metro shall be required to maintain training levels consistent with the Arizona State Fire Marshal's Office standards, as amended from time to time, and with the recommendations set forth by the National Fire Protection Association, as amended from time to time, as defined in Appendix "D". Where a conflict exists between the above two authorities, the most stringent requirements will apply. b. Rural/Metro shall provide all in-service training necessary to the performance of this Agreement. Rural/Metro shall provide a minimum of 240 hours of training to each of the full-time firefighters not on disability. Training levels at all times will meet or exceed NFPA 1001 and/or ISO 1980 standards. All policy and procedure 5 v-5 9196.009Utural Metro Contract 04.v3.doc manuals used in connection with this training shall be available to the Town, for its inspection and review and shall be updated on a regular basis. C. All shift -qualified firefighters shall hold the Arizona Firefighter II level of certification or better and State Emergency Medical Technician certification. Rural/Metro may, when a vacancy occurs, hire a Firefighter from another state who has achieved NFPA 1001 and Emergency Medical Technical certification. That individual must, within one (1) year of hire date, be certified as Arizona Firefighter II. 1.3 Response. Rural/Metro shall respond to all calls that originate in the Primary Service Area in the manner set forth in Appendix "B". 1.4 Communication Center. Rural/Metro shall, for the term of this Agreement, include the services of its present Communication Center. The Communication Center shall be equipped with U.L. approved equipment and be adequately staffed to receive fire and emergency related calls from the community, and shall dispatch the necessary emergency related vehicles in response to those calls. The equipment and staffing shall at all times be sufficient to handle predictable call volumes and demand fluctuations. a. All incoming telephone lines used by the public to request service, ring -down lines, and radio channels used to communicate with field units shall be recorded at all times and capable of simultaneously recording and electronically time -stamping all such communications. The Communication Center shall retain all such recordings for a period of not less than six (6) months, and shall make available such recordings to the Town within three (3) business days of the request. b. Communication Center dispatch times of apparatus shall be measured and dispatch performance criteria met. A dispatch performance criterion is defined as requiring ninety percent (90%) of all emergency call dispatches to be completed within sixty (60) seconds. The dispatch time shall be measured from the point at which the emergency information is in queue (the time the address of the incident is identified) in the "call waiting section" of the Computer Aided Dispatch System (CAD), to the point at which the dispatcher initiates radio notification to the apparatus assigned to the response. Any dispatch taking more than sixty (60) seconds to complete shall be documented, and reports shall be available to the Town. 1.5 Fire and Emergency Related Equipment Assignments. Fire and emergency related equipment provided pursuant to this Agreement shall be stationed in and assigned to specific stations in the Primary Service Area. It is specifically understood and agreed between the parties hereto that Rural/Metro may, in the event of emergency, provide the equipment assigned to the Primary Service Area to other areas for mutual aid responses to other surrounding communities as long as fire protection service to the Town is not adversely impacted. 6 V-5 9196.009Utural Metro Contract 04.v3.doc Rural/Metro will make move ups of fire and emergency medical equipment, as long as ., units are available to do so, when an area in the Primary Service Area is left without adequate coverage because of a response by the equipment assigned to that area. The move up shall be made immediately after the dispatch of the units in the area left without adequate coverage. 1.6 Personnel. During the term of this Agreement, personnel shall be provided for as set forth in Appendix "E". In the event of sick, vacation, industrial injuries and other times of absence of full-time staff, positions may be filled by part-time shift qualified personnel. a. Exceptions to manning levels. In no event shall there be less than ninety-five percent (95%) on a daily basis of firefighting positions (shift personnel) on duty at all times. Manning levels must be brought up to full strength within twelve (12) hours of any time when any firefighting personnel become unable to complete a scheduled shift. b. Support Staffing Positions. In addition to the positions set forth in Appendix "E", Rural/Metro shall provide additional chief officers and manpower adequate to provide routine clerical, accounting, payroll, and such other functions as are elsewhere delineated in this Agreement. C. Rural/Metro shall assign to the Fountain Hills operation a full time Fire Chief, with the rank of District Chief or higher, who shall be responsible for the supervision and coordination of Services by Rural/Metro within the Primary Service Area. Rural/Metro will provide the Town Manager a list of at least three candidates from which to select the Fire Chief. Rural/Metro shall assign the Fire Chief to service within the Town for a term of at least two years and such individual will not be reassigned except upon mutual agreement of the Town Manager and Rural/Metro. d. The Town Manager shall be responsible for coordinating all Services within the Primary Service Area as well as conveying the wishes of the Town to the Fire Chief with respect to such services. The Fire Chief shall, at all times, consider the request of the Town Manager with respect to the implementation of fire protection and emergency medical services. While the Town Manager shall have no chain of command authority to direct the operations of Rural/Metro employees, such authority being reserved to the Fire Chief, the parties to this Agreement understand that the Town expects Rural/Metro to reasonably respond to its needs for fire protection and emergency medical services as communicated through the Town Manager. 1.7 Required Reports. Rural/Metro shall be responsible for assembling and recording all performance based statistics and any other report required pursuant to this Agreement. All reports, with the exception of the annual report, will be made available on a monthly basis, and must be completed and made available to the Town Manager within fifteen (15) calendar days after the end of each month. The reports that are required monthly pursuant to this Agreement are shown in Appendix "F". The Town reserves the right to 7 V-5 9196.009Utural Metro Contract 04A.doc audit Rural/Metro's contract compliance and emergency operations performance records in connection with this Agreement within seven (7) business days of written request. 1.8 Annual Reports. An annual report covering the period of time between July 1 of the preceding year and June 30 of the then -current year shall be filed with the Town by September 1 St each year that this Agreement is in effect. The annual report shall include, but not be limited to, (i) a description of Rural/Metro's specific implementation of the prior fiscal year's goals and objectives relating to fire operations, fire prevention and public education and (ii) an updated three-year operational plan. 1.9 Response Time. Throughout the term of this Agreement, Rural/Metro's response time on all Code 3 calls that originate from within the Primary Service Area, shall meet the requirements as set forth in Appendix "G". ARTICLE Il TERM, TERMINATION AND CONSIDERATION 2.1 Term. The term of this Agreement shall be for a period of five years, commencing on the Effective Date and terminating June 30, 2009. Upon written approval by both parties, this Agreement may be extended for up to two additional two-year terms. 2.2 Termination By Rural Metro. a. For Convenience. Rural/Metro may terminate this Agreement for convenience upon two (2) years written notice to the Town. b. For Non-payment by The Town. Rural/Metro shall have the right, upon thirty (30) days written notice, to cease service as required by this Agreement in the event the Town fails to pay the compensation as provided for under this Agreement, when due. The Town further relieves and releases Rural/Metro of any liability for any losses, liabilities, costs and claims occurring during such time Rural/Metro has ceased services as provided herein. Notwithstanding the above, Rural/Metro reserves all other rights and legal remedies which may be available to it. 2.3 Termination By The Town. a. For Convenience or Lack of Funding. This Agreement is for the convenience of the Town and, as such, may be terminated without cause three hundred sixty five 365 days after receipt by Rural/Metro of written notice by the Town. Further, in the event that the Town does not fund a fire department or otherwise provide for fire protection or emergency medical services for its citizens in any fiscal year, the Town may terminate this Agreement upon giving three hundred sixty five (365) days written notice. Upon termination for convenience or lack of funding, 8 v-5 9196.009\Rural Metro Contract 04.v3.doc Rural/Metro shall be paid for all undisputed services performed to the termination date. b. For Cause. The Town may terminate this Agreement for cause in accordance with the following procedures: 1. Procedure in the Event of a Major Default. If a Major Default, as set forth in Appendix "H" occurs, Rural/Metro shall have thirty (30) days from receipt of notice from the Town of such Major Default to correct that Major Default or provide the Town an acceptable plan to correct the Major Default. If in the reasonable opinion of the Town Manager, the Major Default has been corrected or the plan to correct such Major Default is deemed acceptable within that thirty -day period, then the Agreement remain in full force an effect. If, in the reasonable opinion of the Town Manager, the Major Default has not been corrected or the plan to correct is unacceptable, the Town may terminate this Agreement upon giving not less than thirty (30) days written notice to Rural/Metro. If Rural/Metro does not agree with the opinion of the Town Manager, then the decision on determining if the Major Default has been corrected will be made by an arbitrator mutually agreed upon by the Town and Rural/Metro pursuant to the Commercial Rules of the American Arbitration Association. 2. Procedure in the Event of Other Violations. Violations of this Agreement, including, but not limited to, failure by Rural/Metro to materially perform any covenant, condition or agreement to be performed by it pursuant to this Agreement, that are not listed as major defaults in Appendix "H", shall be remedied within thirty (30) days of written notification from the Town. Any violation left uncorrected for more than thirty (30) days after written notification may be declared a Major Default and the procedures set forth above shall apply. 3. Five Major Defaults. The Town, at its sole option, may also terminate this Agreement upon giving not less than thirty (30) days notice if five (5) or more Major Defaults occur within any consecutive twelve (12) month period, regardless of whether Rural/Metro has timely cured all such Major Defaults as set forth above. 2.4 Consideration. For the performance of the Services set forth in this Agreement, the Town shall pay Rural/Metro Two Million, Three Hundred Ninety Five Thousand One Hundred Thirty One Dollars ($2,395,131.00) (the "Contract Price") for the twelve (12) month period commencing upon the Effective Date and ending on June 30, 2005. Said amount shall be paid in twelve (12) equal monthly installments of One Hundred Ninety Nine Thousand Five Hundred Ninety Four Dollars ($199,594.00) on or before the 10t1i day of each month for which service is provided with the first payment due within 10 days after the Effective Date. The Contract Price includes the amount of Fifty Thousand Four Hundred Sixty Two dollars ($50,462.00) which represents the value of the master ambulance subscription. Rural/Metro will notify the Town Manager in writing each year 9 V-5 9196.009\Rural Metro Contract 04.v3.doc of any changes to the value of such master ambulance subscription; provided. however, that any such changes to the value of the master ambulance subscription shall not affect the Contract Price. 2.5 The Town and Rural/Metro have previously entered into that certain Vehicle Lease Agreement dated July 1, 2002 (the "Ambulance Lease"), for Rural Metro's lease of the Town -owned ambulance for Ten Thousand Dollars ($10,000.00) annually. The parties hereby agree to (i) extend the Ambulance Lease such that the Ambulance Lease and this Agreement shall terminate concurrently and (ii) modify the Ambulance Lease to provide that such annual lease amount shall be paid in four (4) quarterly installments of Two Thousand Five Hundred Dollars ($2500.00) beginning on July 1 of each contract year. 2.6 Increased Compensation and Services. The Contract Price will be adjusted as follows: a. July 1 of each year of the Agreement the then -current Contract Price for the Services shall be increased by five percent (5%). b. Additions or deletions of manpower, equipment, stations, service areas or types of service during the term of this Agreement may only occur upon a written amendment to this Agreement, signed by both parties; C. In the event of an unusual circumstance, such as insurance market collapse or extraordinary increase in rates or regulatory changes, Rural/Metro retains the right to document and request an adjustment to the Contract Price for such specific unusual circumstance. The Town retains sole authority to approve or disapprove that request. ARTICLE III FIRE STATIONS, MAINTENANCE AND EXPENSES 3.1 Fire Stations. The Town Manager shall provide, for Rural/Metro's use in the Primary Service Area, the two existing fire stations, one located on Palisades Boulevard and the other located on Saguaro Boulevard (individually referred to herein as a "Fire Station" or collectively as the "Fire Stations"). Rural/Metro hereby agrees that the Fire Stations shall be sufficient to allow Rural/Metro to perform the Services during the term of this Agreement. 3.2 Structural Changes. Rural/Metro may not make any structural changes to the Fire Stations without the express, prior, written approval of the Town Manager. All structural changes shall be at Rural/Metro's sole expense unless the Town and Rural/Metro agree otherwise in writing. 3.3 Building Maintenance. Except as set forth in Section 3.4 below, the Town shall be responsible for all maintenance of the Fire Stations and station grounds. The Town shall be responsible for such items as, but not limited to, major building repairs, air conditioning and heating, electrical repairs, parking lot, and providing plants for 10 V-5 9196.009Utural Metro Contract 04.v3.doc landscaping. In the event Rural/Metro desires upgrades on station equipment or landscaping, such upgrades shall be at Rural/Metro's expense. 3.4 Daily Maintenance. Rural/Metro shall be responsible for daily maintenance including pest control, upkeep of the interior of the Fire Stations, station grounds, including mowing and trimming, landscaping upkeep, minor repairs of premises, and custodial and housekeeping services. 3.5 Utilities. Rural/Metro shall be responsible for the cost of all utilities at the Fire Stations. 3.6 Telephone Service. Rural/Metro shall be responsible for the cost of the monthly telephone service used at the Fire Stations. The Town shall have the right to install, at its own expense, telecommunication and/or computer equipment to enhance connectivity between the Fire Stations and the Town's administrative offices. 3.7 Damage or Destruction. Rural/Metro agrees to notify the Town of any fire or other damage that occurs to either fire station or station grounds. Such notice shall be given within twenty-four (24) hours of such fire or other damage. Any such damage that occurs due to the sole negligence of Rural/Metro, its employees or contractors, shall be repaired at the sole expense of Rural/Metro. 3.8 Access to Facilities. Rural/Metro shall permit the Town, its agents, and employees to have access to and to enter the Fire Stations at all reasonable times for any purpose reasonably connected with the Town's interest as owner of the Fire Stations. 3.9 Preventative Maintenance. Rural/Metro and the Town shall each establish and maintain a comprehensive preventative maintenance program for the Fire Stations and grounds under their respective areas of responsibility. 3.10 Return of Property Upon Termination. Upon termination of this Agreement by either party for any reason, all building and grounds shall be returned to the Town in the same condition as they were in at the execution of this Agreement, except for structural changes properly made under 3.2 herein, non-structural changes and except for normal wear and tear and casualty caused by force majeure events. 3.11 Fuel. The Town shall be responsible for purchasing fuel for the fire and emergency vehicles. 11 V-5 9196.009\Rural Metro Contract 04A.doc ARTICLE IV FIRE APPARATUS AND EQUIPMENT OWNERSHIP MAINTENANCE AND REPLACEMENT REQUIREMENTS 4.1 Fire and Emergency Equipment Requirements and Responsibilities. The Town shall provide all fire and emergency medical response vehicles and related equipment as listed in Appendix "I", attached hereto and incorporated herein by reference (the "Equipment"). Rural/Metro hereby agrees that such Equipment shall be sufficient to allow Rural/Metro to provide the Services during the term of this Agreement. In addition to the Equipment, the Town shall be responsible for providing and purchasing all miscellaneous fire and emergency -related equipment following the most recent NFPA recommended standards, as may be amended from time to time (the "Miscellaneous Equipment"). The Miscellaneous Equipment shall include, but is not limited to, nozzles, deluge apparatus, entry tools, hose accessories, first aid kits, oxygen, rescue tools, suction units and other equipment needed to perform the Services set forth in this Agreement. Rural/Metro shall provide all emergency medical supplies. 4.2 Fire Stations. The Town shall purchase fixtures, appliances and furnishings reasonably needed in the daily operation of the Fire Stations. 4.3 Emergency Communications Equipment. Rural/Metro shall purchase, install and maintain the needed emergency communications for all fire apparatus or emergency vehicles; provided, however, that the Town will provide the portable radios. All Fire Stations and vehicles shall be equipped with radios capable of utilizing Rural/Metro's frequency. 4.4 Air Compressors and Generators. The Town shall be responsible for the purchase of all air compressors and emergency power generators located at the Fire Stations. Rural/Metro shall be responsible for air quality testing of such air compressors. 4.5 Fire and Emergency Apparatus Purchasing and Procedures. When, in the opinions of Rural/Metro and the Town Manager, it is advisable to purchase additional fire, emergency and staff apparatus or vehicles, Rural/Metro and the Town Manager shall mutually agree upon such purchase and shall forward a recommendation to the Town Council for approval of such purchase. If approved by the Town Council, the Town shall pay for such purchase. During the term of this Agreement, Rural/Metro shall follow the Town's budgetary process when requesting the purchase of new apparatus for any upcoming fiscal year. Rural/Metro shall provide all necessary documentation, meet all filing deadlines and have personnel available for all presentations during this budgetary process. 4.6 Maintenance of Apparatus and Equipment. Rural/Metro shall maintain all of the Equipment and the Miscellaneous Equipment. The Town will pay Rural/Metro cost of 12 V-5 9196.009Utural Metro Contract 04A.doc parts plus 10% per item on repairs and will be invoiced on a monthly basis. Supporting documentation of work performed and parts purchased will be included with the monthly invoice. Any repairs resulting from neglect or misuse by Rural/Metro shall be completed at Rural/Metro's sole cost and expense. ARTICLE V CONFIDENTIALITY From and after the date hereof, neither party hereto will reveal, divulge or make known to any person, firm or corporation any Confidential Information (as hereinafter defined) obtained by such party during the term of this Agreement. "Confidential Information" includes, but is not limited to: financial information; audited and unaudited financial reports; operational budgets and strategies; methods of operation; strategic plans; business methods, practices or plans; marketing plans and strategies; management systems programs; computer systems; personnel and compensation information and payroll data; insurance data and loss history, educational and training materials; and other such reports, documents or information. Upon termination of this Agreement, or at any time a party may so request, the other party shall turn over to the requesting party all notes, memoranda, notebooks, or other records or documents delivered to it by the requesting party concerning any Confidential Information, including any copies in its possession (and any computer print-outs, computer tapes, floppy disks, cd-roms, etc.), it being agreed that such Confidential Information is the property of the other party. "Confidential Information" does not include any information that (i) is already lawfully in the possession of or known by a party before receiving the information; (ii) is or becomes publicly known through no violation of this Agreement; (iii) is lawfully received by a party from any third party without restriction on disclosure or use; (iv) is independently developed without violating this Agreement by a party's employees who have not had access to any of the Confidential Information; (v) is required to be disclosed by (a) state law pursuant to a public records request or (b) court order following notice sufficient to allow the party to contest such order; or (vi) is expressly approved in writing, by a party's General Counsel, for release or other use by the party. The provisions of this paragraph shall survive the termination of this Agreement. ARTICLE VI MUTUAL AID, INSURANCE AND INDEMNIFICATION 6.1 Mutual Aid Agreements. The Town may negotiate with other government agencies or their representatives for the purpose of entering into mutual aid agreements. Rural/Metro agrees to honor all existing and future mutual aid agreements and fire service contracts; provided, however, that any mutual aid agreement entered into by the Town which commits and/or engages the services of Rural/Metro for a fee, is subject to the reasonable approval of Rural/Metro. Rural/Metro will assist in any negotiations if requested by the Town. 6.2 Insurance. a. General. 13 V-5 9196.009\Rural Metro Contract 04.v3.doc 14 V-5 Insurer Oualifications. Without limiting any obligations or liabilities of Rural/Metro, Rural/Metro 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 reasonably satisfactory to the Town. In the event that Rural/Metro's insurance carrier's rating drops below B+, Rural/Metro shall notify the Town as soon as possible in writing upon learning of the change. The Town shall consult the Town's Risk Management Department and determine, in conjunction with Rural/Metro's Director of Risk Management, a reasonable length of time for Rural/Metro to obtain a higher rated policy. Rural/Metro will then obtain a higher rated policy within that time. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option following a 30 day prior notice and cure period to Rural/Metro. 2. No Representation of Coverage_A_dequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Rural/Metro. 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 Rural/Metro 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. 3. Additional Insured. The Commercial General Liability, Professional Liability and Automobile Liability insurance coverage required hereunder shall name the Town, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 4. 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 performed and completed. 5. Primary Insurance. Rural/Metro's insurance shall be primary insurance as it relates to bodily injury or property damage caused by Rural/Metro in the performance of its Services hereunder. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for two years past completion of the Services. Such continuing coverage shall be evidenced, upon request, by submission of annual 9196.009\Rural Metro Contract 04.v3.doc Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the two-year period. 7. Waiver. The Commercial General Liability and Auto Liability policies shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims caused by the work or Services of Rural/Metro. 8. Policy Deductibles and/or Self -Insured Retentions. Notwithstanding anything to the contrary in this Agreement, it is specifically acknowledged and agreed: (i) that the insurance coverage and limits of liability required by this Agreement may be provided by a combination of primary and excess liability policies and self-insurance retentions or deductibles as applicable; (ii) that Rural/Metro, and not the Town, is responsible for paying the deductible or self -insured retention under the policy as it relates to bodily injury or property damage caused by Rural/Metro in the performance of its Services; and (iii) that the insurance policies purchased by Rural/Metro provide coverage for general operations of Rural/Metro and its affiliates, and such policies include coverage applicable to, but not exclusively limited to, this Agreement and the work or Services provided pursuant to this Agreement. Rural/Metro further agrees and understands that, in lieu of bonding or other security for such self -insured retention amounts, that the Town has relied upon Rural/Metro's assertion that Rural/Metro is required to provide such security, in the amount of any deductibles or self -insured retention amounts, to the insurance companies providing it with the insurance coverages required in this Agreement. Rural/Metro shall immediately notify the Town if, at any time during the Term of this Agreement, Rural/Metro is not required, or fails to provide, such security to its insurance carriers. 9. Evidence of Insurance. Prior to commencing any work or Services under this Agreement, Rural/Metro shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Rural/Metro'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. If any of the above -cited policies expire during the life of this Agreement, it shall be Rural/Metro's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Certificates of insurance shall specifically include the following provisions: 15 V-5 9196.009\Rural Metro Contract 04.v3.doc v-s (A) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as required in this Agreement. (B) Rural/Metro's insurance shall be primary insurance as it relates to bodily injury or property damage caused by Rural/Metro in the performance of its Services under this Agreement. (C) The Commercial General Liability and Auto Liability policies waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims caused by work or Services performed by Rural/Metro under this Agreement. 10. New Certificates. If Rural/Metro replaces or upgrades any of its policies during the term of this Agreement, Rural/Metro shall forward renewal certificates to the Town Manager within ten (10) days after the effective date of such renewal policies. 11. Market Fluctuations. The Town acknowledges that, from time to time, insurance market fluctuations may increase the premiums Rural/Metro must pay in order to secure the coverage required by this Agreement. The parties agree that such fluctuations are a normal cost of doing business that Rural/Metro shall bear in accordance with its annual budget. Once quarterly, Rural/Metro may request additional funds from the Town Council for the purpose of obtaining funding to offset significant increases in the cost of insurance, so long as the increase is due to no fault of Rural/Metro, but is independently attributable to market factors that affect the insurance market for similarly situated insureds. 12. Review. This Agreement gives the Town certain rights of audit and review as to Rural/Metro financial matters. These rights include the right to review policies related to insurance coverage, on the same basis as any other financial information. 13. Fire Insurance Grading and Regrading. The Town shall cooperate with Rural/Metro to maintain the Insurance Office grading of Rural/Metro that is in existence at the time of execution of this Agreement. b. Required Insurance Coverage. 1. Commercial General Liability. Rural/Metro shall maintain Commercial General Liability insurance with a coverage limit of $10,000,000 for each occurrence. The policy shall cover bodily injury and property damage 9196.009\Rural Metro Contract 04A.doc arising from premises, operations, independent contractors, and products - completed operations. 2. Professional Liability. Rural/Metro shall maintain Professional Liability insurance covering negligent errors and omissions that arise out of the Services performed under this Agreement and that are caused by Rural/Metro, or anyone employed by Rural/Metro, or anyone for whose negligent acts, mistakes, errors and omissions Rural/Metro is legally liable, with coverage limits of not less than $10,000,000 for each occurrence. 3. Vehicle Liability. Rural/Metro shall maintain Automobile Liability insurance with a coverage limit of not less than $10,000,000 for each occurrence on Rural/Metro's owned, hired and certain non -owned vehicles assigned (specifically, the Equipment provided by the Town) to and used in the performance of Rural/Metro's Services under this Agreement. 4. Workers' Compensation Insurance. Rural/Metro shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Rural/Metro's employees engaged in the performance of work or Services under this Agreement and shall also maintain Employers Liability Insurance of not less than $2,000,000 for each accident, $2,000,000 disease for each employee and $2,000,000 disease policy limit. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days prior written notice to the Town. 6.3 Indemnification. a. Rural/Metro shall indemnify and hold harmless the Town, its authorized agents, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, caused by or resulting from the negligent or intentional acts or omissions by Rural/Metro, its authorized agents, officers, directors and employees committed in the course of performing its obligations under this Agreement. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. b. The Town shall indemnify and hold harmless Rural/Metro, its authorized agents, officers, directors and employees for, from and against all costs, claims, losses, liabilities, penalties, expenses, or other damages, including but not limited to settlements, judgments, court costs, reasonable fees of attorneys and experts, 17 V-5 9196.009Utural Metro Contract 04.v3.doc caused by or resulting from the negligent or intentional acts or omissions by the Town, its authorized agents, officers, directors and employees in connection with or related to this Agreement. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all applicable state and federal laws. C. The amount and type of insurance coverage requirements set forth in this or any other Agreements between the parties will in no way be construed as limiting the scope of indemnity provided by this Section. ARTICLE VII AMBULANCE TRANSPORTATION 7.1 Ambulance Transportation. Medically Necessary (as defined herein) emergency and non -emergency ambulance transportation services as contemplated herein, utilizing the manning and vehicles stated herein, will be at no out-of-pocket cost to Town residents. Ambulance transportation must originate within the Primary Service Area. The Contract Price paid by the Town includes a master subscription for all Town residents who are provided Medically Necessary ambulance transports. If the ambulance transport provided to a Fountain Hills resident meets Medically Necessary guidelines as defined by the Centers for Medicare and Medicaid Services, Rural/Metro will bill and collect all third party and supplemental benefits on behalf of the Town resident and accept such amount as payment in full. The master ambulance subscription fee, as set forth in Section 2.5, is designed to cover the out -of pocket co -payment for residents. The Centers for Medicare and Medicaid Services Guidelines, as of the Effective Date, are set forth below: a. The patient must be transported to the nearest appropriate facility; or b. The patient was transported in an emergency situation, e.g., as a result of an accident, injury or acute illness; or C. The patient needed to be restrained to prevent injury to the beneficiary or others; or d. The patient was unconscious or in shock; or e. The patient required oxygen or other emergency treatment during transport to the nearest appropriate facility; or f. The patient exhibits signs or symptoms of acute respiratory distress or cardiac distress such as shortness of breath or chest pain; or g. The patients exhibits signs or symptoms that indicate the possibility of acute stroke; or h. The patient had to remain immobile because of a fracture that had not been set or the possibility of a fracture; or i. The patient was experiencing a severe hemorrhage; or j. The patient could only be moved by stretcher; or k. The patient was bed -confined before and after the ambulance transport. 18 V-5 9196.009\Rural Metro Contract 04.v3.doc In the event the Centers for Medicare and Medicaid Services Guidelines are amended �.. after the Effective Date of this Agreement, this section shall be automatically amended to incorporate those amended Guidelines without further action of the parties. 7.2 Services Not Covered by the Master Ambulance Subscription. Rural/Metro reserves the right to bill third party providers and collect all third party benefits, if applicable, or bill the patient, if necessary, at the Arizona Department of Health Services rates for certified ambulance services in Arizona, for all transports provided to non -Town residents. Charges for non -medically necessary services provided to Town residents will be billed directly to the patient by Rural/Metro at the Arizona Department of Health Services rates for certified ambulance services in Arizona. Rural/Metro reserves the right to bill any third party insurance on behalf of any patient when it is determined that the third party insurance follows medically necessary guidelines that differ than those defined by the Centers for Medicare and Medicaid Services. MISCELLANEOUS 8.1 Governing Law. This Agreement shall be governed, construed and controlled according to the laws of the State of Arizona. The parties agree to comply with all applicable Town, County, State and Federal laws 8.2 Binding Effect. This Agreement and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefits of the parties hereto and their respective successors, assigns or other legal representative as herein provided. 8.3 Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys fees, costs, and expenses. 8.4 Waiver. It is agreed and understood that any failure to strictly enforce any provision hereof shall not constitute a waiver of right to demand strict performance of that or any other provisions hereof at any time thereafter. 8.5 Severability. The terms and conditions of this Agreement are separate and separable, and if for any reason, any court of law or administrative agency should deem any provision hereof invalid or inoperative, the remaining provisions of this Agreement shall remain valid and in full force and effect. 8.6 Independent Contractor. Rural/Metro is an independent contractor and nothing in this Agreement shall be construed as creating an employment relationship, agency, partnership, or joint venture between the parties. Each party shall control and direct the methods by which it performs its responsibilities hereunder. 19 V-5 8.7 Assignment. No right or obligation hereunder may in any way whatsoever be assigned or �•- delegated to a third party without the express prior written consent of the other party hereto. Notwithstanding the above, this Agreement or any or all of the services required herein may be assigned or subcontracted to any of Rural/Metro's affiliates. 8.8 Notices. Any notice 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 85269 Facsimile: 480-83 7-3145 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 Rural Metro: Rural/Metro Corporation, Inc. 8401 E. Indian School Road Scottsdale, Arizona 85251 Facsimile: Attn: Maricopa Fire Chief With a Copy to: Rural/Metro Corporation, Inc. 8401 E. Indian School Road Scottsdale, Arizona 85251 Facsimile: Attn: General Counsel or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a 20 V-5 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. 8.9 Entire Agreement, Conflicts, Amendment. This Agreement constitutes the entire agreement between the parties with relation to the subject matter hereof, and supersedes any previous Agreement or understanding, whether oral or otherwise. In the event of a conflict with the provisions of this Agreement and any exhibits thereof, the terms of this Agreement shall control. No addition, deletion, or other amendment hereto may be made except as is agreed in writing by both parties. 8.10 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 8.11 Force Majeure. Except for payment obligations, either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war, riot or insurrection, law or regulation, terrorist act, strike, flood, fire, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 8.12 Court or Agency Rulings Binding on Both Parties. In the event any court of competent jurisdiction determines that the Town, for whatever reason, cannot contract out its fire protection service to Rural/Metro or any other third party then this Contract will terminate immediately upon the date any such decision is announced. Thereafter, Rural/Metro will immediately cease operations under this Contract, vacate all Town property set out herein within thirty (30) days of the decision, and deliver possession of all equipment, materials and personal property belonging to the Town within thirty (30) days of the decision. Rural/Metro will be paid for any services rendered. 21 V-5 I IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written, "Mural Metro" "Town" Rural/Metro Corporation, The Town of Fountai ills, an Arizona corporation an Arizq"I-nun ip corporation,., IM In LIM 22 V-5 By:IV car✓ J. / hots, Mayo ATTEST: / Bevelyn JAer66r, Town Clerk Im APPENDIX A PRIMARY SERVICE AREA (SEE ATTACHED MAP) to be provided prior to contracting 23 V-5 p APPENDIX A Over 8 minutes Sta822 8min Zone W* Station 815 Ift Fire Station Sta 823 X 8min Zone Major Road / ( Street Current Station 822 8 Minute Zone I..�J Current Station 822 5 Minute Zone Current Station 823 5 Minute Zone Current Station 823 8 Minute Zone New Under 5 Minute Zone T New 5 to 8 Minute Zone New Over 8 Minute Zone min Zone �N, Rural Metro G.I.S. wdt9DE Fountain HillsResponseAreas.WOR `s May 2002 Layout:01 APPENDIX B INCIDENT RESPONSE Rural/Metro shall respond either Code 2 or Code 3, as noted, to the following: Commercial Assignments Code 3 Multi -Unit Commercial Assignments include but may not be limited to incidents where fire or smoke is visible or the possibility of large loss of life due to: Commercial Structural Fires Report of Explosion or collapse in a commercial building Residential Assignments Code 3 Multi -Unit Residential Assignments include, but may not be limited to incidents where fire or smoke is visible or the possibility of loss of life due to: Residential Structural Fires Report of Explosion or collapse in a residential building Grade 1 Commercial Assignment Code 2 Grade 1 Commercial Assignments include, but are not limited to, incidents where there is a report or fire alarm, smell of smoke, water flow without visible smoke or fire in a commercial structure. Grade 1 Residential Assignment Code 2 Grade 1 Residential Assignments include, but are not limited to, incidents where there is a report of fire alarm, smell of smoke, water flow without visible smoke or fire in a residential structure. Still Assignment Code 3 Single unit response to a report of fire or emergency including, but not limited to: Vehicle Fire Brush Fire Refuse Fire Non -EMS Rescue Person Trapped Emergency Medical Assignment Code 3 Single unit response to a report of injury or illness including but not limited to: Vehicle Accidents Assaults Asphyxiation/Choking Burns Difficulty Breathing Drowning Electrocution/Shock Fall 24 V-5 Heart Attack 1%01 Illness/Sickness Obstetrical Overdose/Poisoning Person Down/Unconscious Person Trapped Psych./Behavioral Suicide/Attempted Suicide Other Medical Other Trauma Hazardous Incidents Code 3 Multi -Unit or single unit response to a report of unconfirmed Hazardous Materialsituations including but not limited to: Fuel Leak Electrical Problem Structural Collapse Explosion Hazardous Condition or Stand-by Service Incidents Code 2 Single unit response to a request for emergency Code 2 service including but not limited to: Invalid Assistance Water Problems Dangerous Animal Removal Sprinkler Activation without Fire Animal Trapped Check Odor Vehicle Lockouts House Lockouts 25 V-5 Commercial and Residential Assignment Response The following response guidelines will be in place during the period of time Rural/Metro is providing fire protection services to the City of Scottsdale. The parties shall agree upon and establish new guidelines in writing once a mutual aid agreement is established with the City of Scottsdale. Eng. 822 3 (1 CAPT, 2 FF/CEP) Rescue 822 2 (1 FF/CEP, 1 FF) Ladder 823 3 (1 CAPT, 1 FF/CEP, 1 DFM) Scottsdale Engine 3 (1 CAPT, 2 FF/CEP) Dist. 822 1 TOTAL 12 Dist. 823 (BN 14) 1 (Mon -Fri, 0700 TO 1700) TOTAL 13 Move Up Units Scottsdale Engine/Ladder 3 To Station 823's area Scottsdale Rescue 2 To Station 822's area GRAND TOTAL 18 Confirmed fire or 2ND Alarm Scottsdale Engine/Ladder 3 Response to incident Scottsdale Rescue 2 Response to incident BN. 14 (BN10) 1 Response to incident Move up Units Engine Co. 3 To Station 823's area Rescue 2 To Station 822's area 26 V-5 APPENDIX C FIRE CODE In the interest of community safety, Rural/Metro will work closely with the Town staff to evaluate, adopt and enforce a nationally recognized fire code along with the associated National Fire Protection Association Standards documents. Rural/Metro will follow and enforce the codes/standards that are in effect under Article 7-9 of the Town Code, as amended. 27 V-5 APPENDIX D STANDARDS FOR TRAINING The following handbooks are used are used in the training of fire personnel: IFSTA Essentials of Firefighting, Fourth Edition NFPA 1001 Professional Firefighters Qualifications 1997 edition NFPA 1021 Fire Officers Professional Qualifications 1997 edition International Fire Code Institute- Certified Uniform Fire Code Inspector These publications will be reviewed and updated by written mutual agreement between Rural/Metro and the Town. 2s v-s APPENDIX E MANPOWER 40 hours per week I Fire Chief 1 Assistant Fire Chief/Fire Marshal (To be left unfilled until mutually agreed upon) Shift Personnel Per Day 2 Captains 4 Paramedics 1 Fire Fighter 1 Deputy Fire Marshal (can be replaced by a Fire Fighter during periods of scheduled time off and sick days) Chiefs 822 & 823 1 Chief 1 Asst. Chief/Fire Marshal (Unfilled until mutually agreed upon) (Minimum 1 chief on call 24/7) ENGINE 822 LADDER 823 RESCUE 822 1 Captain 1 Captain 1 Firefighter/Paramedic 2 Firefighters* 1 Firefighter* 1 Fire Fighter/EMT 1 Deputy Fire Marshall EMT * Engine 822 will be staffed with two Paramedics, Ladder 823 will have one Paramedic. 29 V-5 APPENDIX F REQUIRED REPORTS The following are the required monthly reports to be made available by Rural/Metro to the Town: Total number of incidents responded to in the Primary Service Area Average response times Fire loss/potential report Response Exceptions Training hours Building and site inspections Building and site plan reviews Public education activity The parties agree that the Rural/Metro Fire Chief assigned to the Town and the Town Manager, or his designee, will meet on a quarterly basis to perform a thorough review of the reports required in this Agreement and to discuss performance and/or contract issues. At the discretion of the Town Manager, the Fire Chief will also provide a quarterly presentation to the Town Council. 30 V-5 APPENDIX G RESPONSE TIMES Response Time. Throughout the term of this Agreement, Rural/Metro's response time on all Code 3 calls that originate from within the Primary Service Area, shall average five minutes or less, except in those areas outlined in Exhibit A which will average eight minutes. a. Response Time Definition. Response time is defined as that period of time between when the first apparatus goes enroute to a Code 3 call, to the time of the arrival of the first piece of emergency or fire apparatus at the address of the call. b. Response Time Liabilities. Rural/Metro shall meet the response time requirements set forth herein a minimum of ninety percent (90%) of the time excluding exceptions. Performance Evaluation/Exception. In performing calculations to evaluate Rural/Metro's response time performance as set forth herein, all response times originating from within Rural/Metro's Primary Service Area, consistent with the requirements of Section 1.4 herein, shall be included except as follows: a. Response times shall be excluded where a RuraUMetro unit is instructed to "downgrade" the response time from a higher priority level to a lower priority level (i.e., Code 3 lights and sirens to Code 2 no lights and sirens) by the caller or third party. b. Response times may be excluded which occur during periods of such severe weather and road conditions which could reasonably be expected to substantially impair Rural/Metro's response time performance: provided, it shall be Rural/Metro's responsibility to document said conditions, the time period affected, and the affected response times. Rural/Metro shall forward such report to the Town, who will make a determination as to whether to exclude or include the affected response times. C. Excessive responses occurring during periods of unusual system overload. Unusual system overload is defined as a period of time during which units from two (2) or more stations are simultaneously on emergency calls, originating from within the Primary Service Area. Response times to calls in excess of that number shall not be included in response time calculations. Under this subsection, response times shall not be included which occur during the time in which Rural/Metro has sent an emergency or fire apparatus vehicle, which is assigned to the Primary Service Area to an area other than the Primary Service Area. d. The response time requirements of this Agreement shall be suspended during a declared disaster in the community of the Town or in a neighboring jurisdiction, which has requested assistance from Rural/Metro. For the purpose of this provision, the declaration of disaster must be made or affirmed by the chief executive officer of that particular jurisdiction or his/her designee. 31 V-5 e. In cases of multiple response runs, (i.e., where more than one fire unit is sent to the same incident), only the response of the first arriving unit shall be counted for purposes of measuring Rural/Metro's response time performance. f. Petitioning. Where not specifically set forth in this appendix, Rural/Metro may petition the Town Manager for an exception to the response time requirements when, due to circumstances beyond the control of Rural/Metro, it is unable to meet the required response time on a specific incident. Rural/Metro shall document said unusual circumstances, the time period affected, and the affected response times. Rural/Metro shall forward such reports to the Town Manager, who will make a determination as to whether to exclude or include the affected response time. g. Any excluded incident cannot be applied to any of Rural/Metro's performance statistics set forth in sections (b)(c)(d). 32 V-5 APPENDIX H MAJOR DEFAULTS The following are a list of what shall be considered to be major defaults by Rural/Metro pursuant to this Agreement: 1. Failure to provide any of the services listed in Sections 1.1 (a) through (1) 2. Failure to respond to Code 3 calls originating in the Primary Service Area. 3. In regards to personnel, a failure to meet the staffing level requirements established in Section 1.6 (a) and (b). 4. Failure to indemnify the Town pursuant to Section 6.3 where legally obligated to do so. 5. Failure to remove liens caused to be put on the Town property by the action of Rural/Metro. 6. Failure to maintain the insurance requirements set forth in Section 6.2. 7. The filing of Rural/Metro of a voluntary petition in bankruptcy, or the failure by Rural/Metro promptly to lift any execution or garnishment or attachment which would impair the ability of Rural/Metro to carry on its obligations under this Agreement, or any assignment by Rural/Metro for the benefit of creditors, or the institution of any proceeding under the provisions of the United States Bankruptcy Code. 33 V-5 1990 Ford FMC 1998 LaFrance 1987 FMC 1990 Ford 1990 Ford 2000 Ford 2001 Ford 2000 LaFrance 2001 Ford 2000 Ford 1996 Ford 1992 Ford 1987 Ford 34 V-5 APPENDIX I INITIAL VEHICLES AND EQUIPMENT Town Owned Vehicles VIN # License Plate # IFDYD8OUXLVA13138 LG-15G3 4Z36EFEBXYRF75528 G-151CK GDM701 GN8 V 130686 LG-55A4 2FDLF47MILCA00707 LG-52G8 2FDKF38M9LCA89222 LG45G9 1FDWF36F8YED43350 G-816CT IFDAW57FXIED00204 G-814CT 4Z36ESB1XRB05483 Temp. Plate 1 FMPU 16L91 LB77040 G-815CT 1 FMZU62XOYZB94668 G-161 CK 1FMDU32X4TZB61528 G-594BJ 1FMDU32XONUD82270 G-943AV 1 FTEX 15Y3HKA89472 G-944AV EXHIBIT I VEHICLE LEASE AGREEMENT THIS VEHICLE LEASE AGREEMENT is made and entered into on the I" day of July, 2002 by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Lessor") and RURAL/METRO CORPORATION, an Arizona corporation (the "Lessee"). RECITALS: A. Lessor is the owner of a certain vehicle and related equipment listed on Schedule A attached hereto (collectively, the "Vehicle"). B. Lessee desires to lease such Vehicle from Lessor, subject to the terms and conditions contained in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the personal property listed on Schedule A, as amended from time to time, upon the terms and conditions set forth below. 2. Term and Rent. The term of this lease for the Vehicle shall commence upon the initial delivery and acceptance of the Vehicle (the "Lease Commencement Date") and continue for a period of one year. Thereafter the lease will automatically renew for successive one year terms until terminated by either party upon ninety (90) days notice provided, however, that in no event shall the term of this lease extend beyond the later of the termination or expiration of that certain Fire Protection Services Agreement between Lessor and Lessee dated as of July 1, 2002 (the "Services Agreement") or the date on which Lessee ceases to provide fire protection services to Lessor. As rent for the Vehicle throughout the term of this lease, Lessee hereby agrees to credit Leesor's fiscal year 2003 Fire Protection and Emergency Medical Services Agreement by the amount of Ten Thousand Dollars 3. Repairs and Maintenance Operating Expenses Routine repairs and/or preventative maintenance of the Vehicle, after delivery to the Lessee, shall be the sole responsibility of Lessee, and Lessor shall have no duty to repair or maintain the Vehicles other than to cooperate with and inform Lessee of any problems or defects in the Vehicle. In the event of loss or damage to the Vehicle beyond normal wear and tear, Lessee shall be 35 V-5 responsible for such loss or damage, but only to the extent of any net proceeds received from insurance on the vehicle. 4. Warranties. LESSOR MAKES NO WARRANTIES AS TO THE VEHICLES EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE VEHICLES. Lessee agrees to make the rental and other payments required hereunder without regard to the condition of the Vehicles or any part thereof and to look only to the manufacturer, vendor or carrier thereof should the Vehicles, when received, be defective in any manner, or should the Vehicles or any part thereof for any reason other than improper maintenance resulting from the nonperformance of Lessor's duties described above, be inoperative or defective. 5. Lessee's Default. The occurrence of any one or more of the following shall constitute a default by Lessee and a breach of this Lease: (1) the failure of Lessee to pay any installment of rent promptly when same shall become due; (2) any breach or failure of the Lessee to observe or perform any of its other obligations hereunder; or (3) the making by the Lessee of an assignment for the benefit of creditors or the entry of a petition against Lessee for involuntary bankruptcy. 6. Insurance. Lessee shall obtain on the Vehicle, at its own expense, property damage and liability insurance in such amounts, against such risks, in such form and with such insurers as shall be required by the Services Agreement. 7. Return of Vehicle. Upon expiration or termination of this Lease, Lessee will immediately return the Vehicle to Lessor at such location as Lessor shall designate. 8. Noncancelable Lease. This Lease cannot be canceled or terminated except as expressly provided herein. 9. Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Arizona, irrespective of the fact that either party is or may become a resident of another state. 10. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 11. Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assignment without such consent shall be considered null and void. Notwithstanding the above, this Agreement, or any or all of the services required herein, may be assigned, or subcontracted to any of Rural/Metro's affiliates. 12. Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, 36 V-5 the prevailing party shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. 13. Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 14. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Rural/Metro Corporation 8401 East Indian School Road Scottsdale, Arizona 85251 Attn: General Counsel Town of Fountain Hills 16836 E. Palisades Fountain Hills, Arizona 85268 The notification addresses listed above can be changed by either party with proper notice as listed above. 15. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. 16. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 17. Execution by Facsimile, Delivery of Original Signed Agreement. This Agreement may be executed by facsimile, and shall be deemed effectively executed upon the receipt by both parties hereto of the last page of this Agreement duly executed by the other party. Each party to this Agreement agrees to deliver two (2) original, inked and signed Agreements within two (2) days of faxing the executed last page hereof. 18. Dispute Resolution. If a dispute arises among the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof (the "Dispute"), the parties agree to use the following procedure in good faith prior to any party pursuing other available judicial or non judicial remedies: a. A meeting shall be held among the parties within ten (10) days after any party gives written notice of the Dispute to each other party (the "Dispute 37 V-5 Notice") attended by a representative of each party having decision -making authority regarding the Dispute (subject to board of directors or equivalent approval, if required), to attempt in good faith to negotiate a resolution of the Dispute. b. If, within thirty (30) days after the Dispute Notice, the parties have not succeeded in negotiating a written resolution of the Dispute, upon written request by any party to each other party all parties will promptly negotiate in good faith to jointly appoint a mutually acceptable neutral person not affiliated with any of the parties (the "Neutral"). If all parties so agree in writing, a panel of two or more individuals (such panel also being referred to as the "Neutral") may be selected by the parties. The parties shall seek assistance in such regard from the American Arbitration Association or the Center for Public Resources if they have been unable to agree upon such appointment within forty (40) days after the Dispute Notice. The fees and costs of the Neutral and of any such assistance shall be shared equally among the parties. C. In consultation with the Neutral, the parties will negotiate in good faith to select or devise a nonbinding alternative dispute resolution procedure ("ADR") by which they will attempt to resolve the Dispute, and a time and place for the ADR to be held, with the Neutral (at the written request of any party to each other party) making the decision as to the procedure and/or place and time if the parties have been unable to agree on any of such matters in writing within ten (10) days after selection of the Neutral. d. The parties agree to participate in good faith in the ADR to its conclusion; provided, however, that no party shall be obligated to continue to participate in the ADR if the parties have not resolved the Dispute in writing within one hundred twenty (120) days after the Dispute Notice and any party shall have terminated the ADR by delivery written notice of termination to each other party following expiration of said 120-day period. Following any such termination notice after selection of the Neutral, and if any party so requests in writing to the Neutral (with a copy to each other party), then the Neutral shall make a recommended resolution of the Dispute in writing to each party, which recommendation shall not be binding upon the parties; provided, however, that the parties shall give good faith consideration to the settlement of the Dispute on the basis of such recommendation. e. Notwithstanding anything herein to the contrary, nothing in this Section shall preclude any party from seeking interim or provisional relief, in the form of a temporary restraining order, preliminary injunction or other interim equitable relief concerning the Dispute, either prior to or during the ADR process if necessary to protect the interests of such party. Further, this Section shall be specifically enforceable. f. At the reasonable request of either party, the Neutral shall adopt rules and procedures designed to expedite the dispute resolution process. 38 V-5 IN WITNESS WHEREOF the parties hereto have caused this Agreement to executed by their authorized representatives on the day and year first above writtol"', RURALIMETRO CORPORATION TOWN By: ��� � By: Its: Its: 39 V-5 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 5/20/04 Contact Person: Tim Pickering Requesting Action:® Tvne of Document Needing ADUroval (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 ADDronriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: *CONSIDERATION of RESOLUTION 2004-05 approving the intergovernmental agreement with MARICOPA COUNTY for law enforcement services Staff Recommendation: Approve Fiscal Impact: Yes $1,730,470 Purpose of Item and Background Information: To consider approving the IGA with Maricopa County for law enforcement services. List All Attachments as Follows: Resolution 2004-05, Memo from Town Manager, copy of contract Type(s) of Presentation: none Signatures of Submitting Staff: Department Head �J Town Manager / esignee e:\agenda cover sheet\sheriffs contract.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: May 13, 2004 Council FR: Tim Pickering, Town Manager RE: FY 2004-2005 Maricopa County Law ;!! Enforcement Agreement The staff recommends approval of the attached agreement with Maricopa County Sheriff's Office to provide all law enforcement services for the Town of Fountain Hills. I have also reviewed Queen Creek, Cave Creek and Carefree agreements for comparison purposes. Fountain Hills is by far the Sheriff's largest contract. SERVICES PROVIDED This agreement provides for all law enforcement services including traffic enforcement, crime prevention, patrol activities, youth educational services, high school resource officer, court services, neighborhood block watch coordination, responding to barking dog complaints, handling walk-up window operations, detective services, transporting prisoners, and call receiving and dispatching. These services are outlined in the County's agreement. Staffing levels will be 3.5 deputies per patrol beat, which will maintain roughly 1.3 officers per 1000 residents. In addition, Maricopa County will provide all necessary police training as required by the State. According to monthly reports for the most recent six-month period, the four most frequent Fountain Hills calls for service were alarms calls, welfare checks, suspicious person, and civil matters. Other typical calls included handling traffic accidents, motorist assists, and burglaries. COST The cost of the FY 2004-2005 agreement is $1,730,470 that covers all law enforcement activity except animal control and property maintenance code enforcement. This is an 8% increase over last year's agreement primarily due to the addition of the High School resource officer position at $74,570. In comparison, the 02-03 fiscal year law enforcement budget equaled $2.5M. With the addition of fire service and the defeat of Proposition 400, the reduction in service cost for this activity is much needed. If the next year's cost exceeds 3%, a letter of explanation will have to be submitted justifying the change. TERM, REVISIONS, CHANGES AND CANCELLATION The term of the agreement is three years which should provide stability in a service area that has seen disruption over the past years. Either party must give 24 months of termination notice. The Town would require that much time if in the future our own department was desired. The Town Attorney and I reviewed the agreement to insure proper insurance coverage and to indemnify the Town. All changes to the previous agreement are noted in the redlined version of the former contract that is attached. One minor change is the quarterly meeting with the Mayor that is done on a routine basis. SUMMARY I recommend a motion to approve the Maricopa County Law Enforcement agreement. The Town Attorney has reviewed the agreement. Should you have any questions please do not hesitate to contact me. C: Julie Ghetti, Accounting Supervisor John Kleinheinz, Captain Tpickering/tgp/my documents/sheriffagreement2004.doc/5/13/04 RESOLUTION NO.2004-05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2004-07. BE' IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal years 2004-07 is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution and recordation of the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 20, 2004. 1, FOR W. J. Ni OF FOUNTAIN REVIEWED BY: Timothy G. Pickering, Town Manager 9196.001\ ..\MCSO IGA 04-07—s.doc 5-13-04-1 ATTEST: APPROVED AS TO FORM: C-W An 4MMOSWe, Town Attorney CK OF THE BOARD BAQET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2004-0670710 06/14/04 14:37 6 OF 8 HEHSLEYE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY July 1, 2004 through June 30, 2007 0 -c5Q • 005. 00'e"o a- cm 'Vow AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY July 1, 2004 through June 30, 2007 C •50.0C •002•Z ® AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (this "Agreement") is made and entered into as of the date of the last signature set forth below by and between the Town of Fountain Hills, an Arizona municipal corporation (hereinafter the "Town") and Maricopa County, a political subdivision of the State of Arizona (hereinafter the "County"). AUTHORITY The County has the authority to enter into this Agreement pursuant to A.R.S. §11-952. The Town has the authority to enter into this Agreement pursuant to A.R.S. §§ 9-240, 9498 and 11-952. PURPOSE The Town has the jurisdiction and responsibility, pursuant to the laws of the State of Arizona, to provide for public health, safety, and the welfare of the people and property within its jurisdiction including, but not limited to police protection. The purpose of this Agreement is to provide for the delivery of Law Enforcement Services (as defined below) to the Town by the County, acting by and through Maricopa County Sheriff's Office. All rights and obligations of the parties shall be governed by the terms of this document, its Exhibits, Attachments and Appendices, if any, including any Subcontracts or Amendments as set forth on the following pages. GENERAL PROVISIONS 1. Definitions As used throughout this Agreement, the following terms shall have the meanings set forth in this Section 1: Agreement means this document and all attachments hereto. Beat means Law Enforcement Services on a 24-hour basis, 7 days per week, 52 weeks per year, utilizing a radio equipped patrol vehicle as well as routine and emergency back-up assistance as appropriate and civil standby coverage as appropriate. Board means the Maricopa County Board of Supervisors. County means Maricopa County, a political subdivision of the State of Arizona. District Commander means the Deputy assigned by the Sheriff's Office to the Town of Fountain Hills, with the rank of Lieutenant or higher, to supervise the actions of the Sheriff's Office within the Town. Law Enforcement Services means services provided by the Sheriffs Office pursuant to the Agreement, including, but not limited to: patrol, responses to emergency calls, traffic enforcement and accident investigations, ordinance enforcement when necessary, investigation of alleged crimes and participation in programs such as Block Watch, S.T.A.R.S., vacation watch, property identification program, bicycle safety, crime prevention and each of the other services set forth herein. Mayor means the Mayor of the Town of Fountain Hills. Sheriffs Office means the Maricopa County Sheriff and those functions, activities and facilities for which he has responsibility. May 12, 2004 • Town means the Town of Fountain Hills, an Arizona municipal corporation. Town Council means the Mayor and Common Council of the Town of Fountain Hills. Town Manager means the Town Manager of the Town of Fountain Hills, or his authorized designee. 2. Legal Notices Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the County: David Smith Maricopa County Administrator 301 W. Jefferson, 10`h Floor Phoenix, Arizona 85003 If to the Sheriffs Office: Joseph M. Arpaio Maricopa County Sheriff 100 W. Washington, Suite 1900 Phoenix, Arizona 85003 If to the Town: Timothy Pickering, Town Manager Town of Fountain Hills PO Box 17958 Fountain Hills, Arizona 85268 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3. Term of Agreement This Agreement shall become effective (the "Effective Date") upon (i) approval by the Town Council and the Board and (ii) filing with the Maricopa County Recorder. However, the County shall provide, and the Town shall compensate the County for the Law Enforcement Services as set forth in this Agreement for a three-year period beginning July 1, 2004. This Agreement shall remain in full force and effect from the Effective Date through June 30, 2007 (the "Initial Term'), unless terminated earlier pursuant to Section 5 of this Agreement. Except as provided in Section 18 below, this Agreement shall be extended for successive additional one-year periods (each, an "Additional Term'), unless, prior to the first day of June during the final year of the Initial Term of this Agreement or any Additional Term thereafter, either party shall give written notice to the other that such party does not wish this Agreement to be extended for one additional year. Any such extension shall include all of the terms of this Agreement, unless and until renegotiated or terminated. This Agreement shall supersede and replaces that certain Agreement for Law ® Enforcement Services between the parties, recorded July 8, 2003, No. 2003-0889213, Records of Maricopa County. May 12, 2004 0 4. Amendments This document contains the entire agreement of the parties and cannot be changed orally. Any changes or modifications of this Agreement must be in the form of a written amendment (i) approved by the Town Council and the Board, (ii) signed by both parties and (iii) filed in the Maricopa County Recorder's Office. Amendments to increase or decrease levels of service within a given year during the term of this Agreement will not become effective until 60 days after passage by both the Town Council and the Board. 5. Termination Either party shall have the right upon 24 months written notice to the other party to terminate this Agreement without cause. In the event of breach of any of the provisions of this Agreement, either party may terminate this Agreement for cause by serving written notice to the other party specifically setting forth the nature of the breach. If said breach has not been resolved within 60 days after receipt of notice, then this Agreement shall be deemed terminated and both parties shall perform their respective obligations up to the date of such termination. 6. Insurance The parties agree to secure and maintain insurance coverage for any and all risks that may arise out of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to public entity insurance. The acquisition of insurance or the maintenance and operation of a self -insured program may fulfill this insurance requirement; provided, however, that the unencumbered reserves available under • any such self insurance program shall be equal to or greater than the required minimum coverage amounts set forth below. The parties to this Agreement shall exchange certificates of insurance or self-insurance. • (a) General: May 12, 2004 (1) Additional Insured: The County's insurance coverage and self -insured retention or deductible portions, except Workers' Compensation insurance, shall name, to the fullest extent permitted by law for claims arising out of the performance of the services included in 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. (2) Coverage Term: All insurance required herein shall be maintained in full force and effect until all services required to be performed under the terms of this Agreement are satisfactorily performed. (3) Primary Insurance: County's insurance shall be primary insurance with respect to performance of the services included in this Agreement and in the protection of Town as an Additional Insured. (4) Policy Deductibles and or Self -Insured Retentions: The policies set forth in these requirements may provide coverage that contains deductibles or self -insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to Town. The County shall be solely responsible for any such deductible or self -insured retention amount. ® (b) Required Insurance Coverage: (1) General Liability: County shall maintain "occurrence" form General Liability insurance with an unimpaired limit of not less than $10,000,000 for each occurrence, $10,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations and personal injury. (2) Vehicle Liability: The County shall maintain Business Automobile Liability insurance with a limit of $2,000,000 each occurrence on County's owned, hired and non -owned vehicles assigned to or used in the performance of the services under this Agreement. (3) Workers' Compensation Insurance: County shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of County's employees engaged in the performance of services under this Agreement 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. (c) Cancellation and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without 30 days' prior written notice to the Town. 7. Indemnification (a) To the extent permitted by law and notwithstanding any liability insurance or other conditions of this Agreement, each party hereby covenants and agrees to indemnify, defend and hold harmless the other party, its officers, employees, contractors and agents for, from and against all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any act or omission of the party, its officers, employees, contractors, agents and/or anyone acting under its direction or control whether intentional or negligent, in connection with or incidental to this Agreement. (b) The Town shall not indemnify the County, but the County shall indemnify the Town, for any suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature brought against the County as result of any act or omission of the Sheriff's Office which occurs within the Town which is caused by the negligence or misconduct by any member of the staff of the Sheriff's Office or which occurs while any such staff member is performing services not directly related to this Agreement. The County shall pay, on behalf of the Town, all judgements, fines, penalties, interest on judgements, fines and penalties, or costs including attorney's fees, court costs, expert witness fees and discovery costs associated with a claim brought hereunder. The indemnity under this Agreement shall commence as of the Effective Date of this Agreement and shall continue in full force and effect until such time as both parties agree to terminate this Agreement or it terminates by its terms. 8. Record Keeping and Audits The parties agree to maintain and furnish to each other such records and documents pertaining to the services provided pursuant to this Agreement as may be required by applicable Federal and State laws, rules and regulations. Each party, prior to conducting an audit, must give 30 calendar days notice to the other party. If the audit indicates that fees or billable items have been charged incorrectly, each party agrees to make appropriate corrections and adjustments. 9. Construction of Agreement 0(a) Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable will not be May 12, 2004 ® affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. (b) The failure of either party to insist in any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other or to take any action permitted as a result thereof shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. The acceptance by either party of sums less than any may be due and owing at any time shall not be construed as an accord and satisfaction. (c) This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against the State of Arizona, Maricopa County, or the Town of Fountain Hills in any State or Federal Court. (d) This Agreement shall be interpreted in accordance with Arizona law. (e) For purposes of A.R.S. § 31-121(c), the Sheriff's Office and its employees shall be considered to be peace officers engaged as independent contractors, not as employees, of the Town while performing the responsibilities imposed by this Agreement. (f) This Agreement is subject to the provisions of A.R.S. § 38-511. 0 SERVICES 10. Service Provision (a) The County, by and through the Sheriff's Office, shall provide the Law Enforcement Services described in this Agreement within the incorporated limits of the Town. The Sheriff's Office shall have responsibility for investigating and enforcing certain Town code violations. The Town Manager and the District Commander shall establish, between themselves, the Sheriff's Offices' duties and responsibilities pertaining to the Town code violations, animal control issues and walk up window services. (b) The Sheriff's Office shall provide 3.5 patrol beats effective July 1, 2004. The Law Enforcement Services for the 3.5 patrol beats shall be provided to the level of service set forth in the Worksheet for Fiscal Year 2004-05 (the "Worksheet"), attached hereto as Exhibit A and incorporated herein by reference. The Town Manager has the right to request additional support services or extended service from time to time. Agreement must be reached among the Town, the County and the Sheriff's Office concerning additional levels of services and the cost thereof prior to the amendment of this Agreement to reflect additional service provisions. Amendments to this Agreement shall be in accordance with Section 4 above. (c) District personnel shall be utilized in the most efficient manner to meet the needs of the Town, as determined by the District Commander. Patrol beats will be staffed at a minimum of three deputies per shift. In addition to Patrol functions, the Sheriff's Office shall provide functions to include detective services, crime prevention/neighborhood services, youth services, high school resource officer services, and court deputy services as provided by the number of personnel • designated in the attached Worksheet (Exhibit A). All Sheriff's Office personnel assigned to the Fountain Hills District shall be responsible for (i) right-of-way enforcement and (ii) coordination May 12, 2004 . with the Town's code enforcement division with respect to Town Code violations occurring outside of the right-of-way. (d) Misdemeanors, traffic infractions and civil violations occurring within the Town will be cited into the Town Magistrate's Court. (e) If the Sheriff's Office, acting through the District Commander or the Town Manager, observes that criminal activity is dramatically increasing in the Town, the Sheriffs Office will temporarily deploy support units as deemed reasonably necessary to suppress such activity. 11. Establishment of Service Priorities The District Commander and the Town Manager shall meet at least once each quarter to establish priorities for the delivery of Law Enforcement Services as desired by the Town. Priorities shall be communicated through the appropriate Sheriff's Office chain of command to the patrol units providing services within the Town's jurisdiction. The Town Manager and the District Commander shall meet as often as necessary on other occasions to ensure the highest quality overall provision of Law Enforcement Services to the Town. 12. Maintenance of Sheriffs Substation At all times during the term of this Agreement, the Sheriff's Office shall maintain at least one substation facility within the Town of Fountain Hills, at a location (or locations) mutually agreeable to the Sheriff's Office and the Town Manager. All deputies assigned to duties within the Town shall operate out of such substation(s). 13. Community -Based Policing ® The Sheriff's Office and the Town believe that a community -based police system is important. Based on that belief, the parties hereby agree as follows: (a) The Sheriffs Office shall assign to the Fountain Hills District a full time deputy, with the rank of Lieutenant or higher, who shall be designated the "District Commander" and who shall be responsible for the supervision and coordination of Law Enforcement Services by the Sheriff's Office within the Town. The Sheriff's Office will provide the Town with a list of candidates from which to select the District Commander. The Sheriff's Office shall assign the District Commander to service within the Town for a term of at least two years and such individual will not be reassigned except upon mutual agreement of the Town and the Sheriff's Office. (b) The Sheriff's Office will, from time to time, assign to the Town sufficient deputies to provide the Law Enforcement Services required by this Agreement. Staff will be assigned to the Town on a full-time basis and will work within the Town limits unless required to cross jurisdiction boundaries for pursuits, ongoing investigation of Town cases or other temporary law enforcement emergency situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations. The Sheriff's Office personnel who are selected for deployment to the Town will be required to make a two year commitment to this assignment in the Sheriff's Office and shall remain deployed to the Town for such two-year period unless reassignment is requested by the Town Manager; provided, however, that the Sheriffs Office may transfer personnel, with prior notification to the Town Manager, when such transfer is in the best interests of the Town and the Sheriff s Office. (c) The Town, acting through the Town Manager shall have the right to request in writing that any staff assigned to service within the Town by the Sheriff's Office be reassigned or otherwise removed from service within the Town. When such request is made, the Sheriff's Office shall comply as soon as reasonably practical, but in any case within no more than three weeks after such request is made. May 12, 2004 • (d) In order to create a spirit of local involvement, the Sheriff's Office shall encourage the District Commander to become active in local community affairs, such as joining local civic groups, attending meetings of the Chamber of Commerce and speaking to local organizations and the schools. Deputies assigned to the Town shall become familiar with Town streets and layout, Town special events and such other aspects of the community as to permit them to implement a community -based policing program. (e) All full time deputies assigned to the Town shall wear uniform items or markings mutually agreed upon by the Town and the Sheriff's Office that identify them as being Fountain Hills Deputy Sheriffs. Any cost for such items will be the responsibility of the Town. (f) All Sheriff's Office marked vehicles assigned to full time patrol within the Town, including all vehicles owned by the Fountain Hills Posse, shall be marked to identify them as being the Fountain Hills units. The Sheriff's Office and the Town shall mutually agree upon the specific design and markings. (g) The Sheriff's Office will staff the law enforcement walk-up window Monday through Friday 8 a.m. to 5 p.m., excluding legal holidays when the Court is closed. The Town Manager will ensure that policies and procedures consistent with the Sheriff's Office's rules and regulations are instituted which facilitate efficient and effective communication between local public access and the Sheriff's Office's dispatchers. (h) From time to time the Sheriff's Office and the Town Manager will consider and implement other ideas to enhance a community -based policing program. 14. Ancillary Services 0 As part of its Law Enforcement Services, the Sheriff's Office shall make available to the Town, as and when needed, the services of its other general divisions, which are routinely made available to unincorporated areas of Maricopa County. Such services shall include the Criminal Investigations Bureau, the Enforcement Support Bureau, the Technology Bureau and other ancillary services. In addition, during the time that public schools are in session in Fountain Hills, the Sheriff's Office shall maintain an active S.T.A.R.S. program within the community. There shall be no additional cost to the Town for such ancillary services. 15. Chain of Command and Responsibility for Performance Standards (a) The Town Manager shall be responsible for coordinating all Law Enforcement Services within the Town as well as conveying the wishes of the Town Council to the District Commander with respect to Law Enforcement Services. The District Commander shall, at all times, consider the request of the Town Manager with respect to the implementation of Law Enforcement Services. While the Town Manager shall have no chain of command authority to direct the operations of the deputies from the Sheriff's Office, such authority being reserved to the Maricopa County Sheriff pursuant to section 15.b. below, the parties to this Agreement understand that the Town expects the Sheriff's Office to reasonably respond to its needs for Law Enforcement Services as communicated through the Town Manager. (b) The Maricopa County Sheriff is solely responsible for the performance, evaluation discipline and movement of his deputies as well as other matters incidental to the provision of the Law Enforcement Services under this Agreement. In the event of a dispute between the parries regarding the manner of performance of such service, the determination made by the Maricopa County Sheriff shall be final and conclusive. May 12, 2004 0 16. Reports The parties agree that the Sheriffs Office shall deliver, on a quarterly basis, routine statistical and management reports normally prepared by the Sheriffs Office concerning Law Enforcement Services provided pursuant to this Agreement. The District Commander and the Town Manager shall establish, by cooperation, the specific details of the reports required. REIMBURSEMENT RESPONSIBILITIES FOR OTHER CHARGES/COSTS 17. Items provided by the Town The Town will provide special supplies, any required uniform insignias or markings as agreed to under Section 13 (e) of this Agreement, stationary, notices, or forms to be used in the name and by the Town at the Town's expense. 18. Reimbursement for Law Enforcement Services (a) The Town agrees to pay the sum of $1,730,470 for all Law Enforcement Services rendered as outlined in the attached Worksheet (Exhibit A) for the first year of the three-year term of this agreement (July 1, 2004 through June 30, 2005). By April 1 of each year that falls within the term of this Agreement, or any extension thereof, the County shall submit a Worksheet notifying the Town of charges for the Law Enforcement Services requested for the subsequent fiscal year. Each annual worksheet proposal shall be prepared in accordance with the established formula developed cooperatively by the Town, the County Office of Management and Budget and the Sheriff s Office ® in the 1995 Law Enforcement Agreement Cost Allocation Formula, a true and correct copy of which is attached hereto as Exhibit B and incorporated herein by reference, which is a direct cost recovery for actual services delivered and cannot be arbitrarily changed by the Sheriffs Office or the County. Should Maricopa County fail to timely notify the Town of the charge for services for any upcoming fiscal year, the amount shall be equal to the total amount due under the then -current term of this Agreement. If the next year's amount is determined to be more than 3% higher than the total amount due under the current year of this Agreement, a letter of explanation from the County outlining the increases will be required. (b) Payment for services for each year of this Agreement will be made in 12 equal installments on a monthly basis on or before the 10'' day of each month. The first payment shall include all monthly payments due from July 1, 2004. In cases where an authorized amendment to this Agreement results in changes to the established monthly rate, a new rate will become effective with the date of the amendment allowing for payment of equal installments for the remainder of the term. 19. Cost of Incarceration Nothing in this Agreement shall alter the financial responsibilities of the Town and the County for the incarceration of prisoners arrested by the Sheriffs Office in the performance of its responsibilities hereunder. May 12, 2004 9 ® IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date of the last signature set forth below. • MARICOPA COUNTY, a political subdivision of the TOWN OF FOUNTAIN HILSf an Arizona State of Arizona municipal corpor, ation ' BY: BY: Andrew Kunasek, Chairman Date W. J. N Board of Supervisors ATTEST: ATTEST: r ran McCarroll, Clerk of the oard Bevelyn J. de own Clerk MARICOPA COUNTY SHERIFF'S OFFICE I`t'0 BY: Joseph M. Arpaio, Sheriff Date In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. S � QeputyVCoAftorney Date (V✓ n ew ire, Town Attorney ate May 12, 2004 10 0 Fountain Hills Maricopa County Sheriff's Office Law Enforcement Contract Proposal Worksheet FY 20042005 Total Number of Patrol Beats to be Provided PPicnnnel Scrvlrnc Classifications Number of Personnel Average Hourly Rate Average w/var. Fringe C Annual Hours Total Fixed a a Costsosts Annualimid Costs Patrol Deputies 17.50 $20.85 $24.09 2088 $104,195.00 $984,295 Detectives 2.91 $20.85 $24.09 2088 $17.313.04 $163,550 Sergeants 2.06 $28.22 $32.60 2088 $12,238.78 $152,157 Lieutenant/Captain 1.03 $36.24 $41.86 2088 $6.119.39 $95,960 Clerical 0.61 $12.81 $14.80 2088 $3,617.65 $22,392 High School SRO 1.00 $22.66 $26.18 2088 $5,954.00 $60,611 Transportation Deputy 0.61 $20.85 $24.09 2088 $3,617.65 $34,175 Total Staff Costs $1,513,140 Variable Fringe Costs Fixed Fringe Costs (per employee) $5,954 3.50 Manpower Allocation Factor FTE Staffing Requirements 24 hour 17 day post 5.00 FTE Employees 0.67 Detectives 1 Beat 8 hour / 7 day post 1.75 FTE Employees 1.00 Sergeant for 9 Deputies 8 hour / 5 day post 1.24 FTE Employees 1.00 Lieutenant for 18 Deputies 0.14 Clerical for 1 Beat 0.14 Transport Deputy 1 Beat S ecial Pay IFTE's IPer FTE Cost I Total S ecial Pa Costs Overtime/Shift Differential 25.71 $1.198,00 $30,796 Total Personnel Services $1,543,936 Supplies, Services, and Rent Supplies Uniform Allowance Based on average supply use carved by dividing costs for supplies by number of employees in the Districts. The average Is then multiplied by the number of FTE's. $600 per Deputy Cost for Supplies $13,199 Total Employees 24 Average per Employee $550 Total FTE's 25.71 Supply Cost $14,137 Uniform Allowance $15,059 RSO Bicycle & sup (one time cost) $1,000 Total Supply Costs $30,196 Vehicle and Equipment eased on full mileage rate, depreciation of vehicle, and depreciation of equipment multiplied by number of estimated miles. Vehicle Cost with Warranty 32,643 Vehicle life 100,000 miles. Equipment Costs 11,851 Equipment life 200,000 miles. Per Mile Estimated Annualizetl Rate nnual Miles Costs Mileage Rate $0.231 180,780 $41,760 Vehicle Depreciation Equipment De reciation $0.326 $0.059 180,780 180,780 $59.012 $10,712 Total Vehicle and Equipment Costs $111,484 Communications Based on the per Deputy cost for radio service derived by dividing the users Into the Communications budget. (Total Users of the System Nugget jPer Deput Cost Sworn FTE's 2,5061 $4,478,391 1 $1,787 25.10 Total Communications Costs $44,853 Total Supplies, Services, and Rent $186,534 Exhibit A May 12, 2004 Total Contract Costs $1,730,470 Revised May 11, 2004 it Fountain Hills Maricopa County Sheriffs Office Law Enforcement Contract Proposal Worksheet FY 200412005 Total Number of Patrol Beats to be Provided Classifications Number of Personnel Average oudy Rab iliveragis w/var. liding. Costs Annual Hours, Total Foced Fringe Costs Anintuilited costs Patrol Deputies 17.5 $20.85 $24.09 208 $104,195.00 $984,295 Detectives 2.9 $20.85 $24.09 208 $17,313.04 $163,550 Sergeants 2. $28.22 $32.60 208 $12,238.78 $152,157 Lieutenant/Captain 1. $36.24 .86 208 $6,119.39 $95,960 Clerical 0.1 $12.81 208 $3,617.65 $22,392 High School SRO 1 $22.66 114.80 .18 2088 $5,954.00 $60,611 Trans ortardon De 61 $20.85 .09 20881 $3,617.65 $34,175 Total Staff Costs $1,513,140 vane rnnge wsu I Fixed Fringe Costs (per employee) I$5,954 R 3.50 Manpower Allocation Far FTE Staffing Requireme24 24 hour / 7 day post 5.00 FTE Employees es 0.67\Lienant 1 Beat 8 hour17day post 1.75 FTE Employees 1.00 eard for 9 Deputie 8hour/5daypost 1.24 FTE Employees 1.00 for 18 Depties0.14 for 1 Beat 0.14 rt Deputy 1 Beat Exhibit B May 12, 2004 Wert melShift Differential Total Personnel Services d Patrol Beats Provded uong the FTE Staffing Repioemerds,. It Total Special Pay Costs \ 198.00 $30,796 rates forsworn employees inferential cost per FTE decreased 6. due to s 47% reduction in overtime. W05 its, A pours less year. RIIects an increase in cos[ of Headh and other Employee Benefits JU Ues, ,ervices, ano Kenr Supplies Based on average supply use derived by dividing costs for supplies by number of employees In the Districts. The average Is then multiplied by the number of FIFE's. Uniform Allowance $hoo per Deputy Cost for Supplies $13,199 Total Employees 24 Average per Employee $550 Total FTE's 25.7 Supply Cost $14,1 7 Uniform Allowance $15, SRO Bicycle 8 sup (one time cost) $1 00 Tntal Sunnly Costs $30,196 12 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Meeting Date: 05/20/2004 Contact Person: Julie Ghetti Consent:❑ Regular:© Requesting Action:❑ TvDe of Document Needing Anuroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Regular Agenda Wording: Quarterly Financial Report Staff Recommendation: Fiscal Impact: No $ Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance " Purpose of Item and Background Information: The quarterly budget report for the nine month period ending March 31, 2004 is presented. The report summarizes the total revenues and expenditures for the third quarter of the fiscal year as well as a comparison to the same period last fiscal year. List All Attachments as Follows: Quarterly Budget Report for the period ending 3/31/2004 Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: ()(. ot, bA�M�' Depar ent Heat Town Manager / Designee e:\wpdata\agenda cover sheet.doc Budget Review (if item not budgeted or exceeds budget amount) STAIN � O � N• �0� O C • tsT 1989 that is A Quarterly Budget Report for the period ending March 31, 2004 Prepared by: Julie A. Ghetti, MPA, CPA Accounting Supervisor E:\WPDATA\BUDGET MEMO COUNCIL.doc TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: May 13, 2004 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting RE: Budget Analysis Report 3/31/2004 -Supervisor, Administration U The Town of Fountain Hills Budget Summary Revenue and Expenditure report for the nine - month period ending March 31, 2004 is attached and a summary of the revenues and expenditures follows. HIGHLIGHTS * Revenues for the first nine months of the fiscal year exceeded expenditures by $1,710,948 in the General Fund and $447,452 in the Highway User Revenue Fund (HURF). General Fund Revenues are at 99.6% of budget, summarized below: o� 3/31/2004 3/31/2004 % 3/31/2003 3/31/2003 % Budget Actual Budget Budget Actual Budget General Fund $9,509,164 $9,483,008 99.6% $8,592,450 $8,403,091 97.7% Revenues Five key revenues account for 90% of the total General Fund revenues: 3/31/2004 Budget 3/31/2004 Actual % Budget Over/(Under) Budget Local Sales Tax $4,844,470 $4,416,902 91.2% ($427,568) State Income Tax $1,369,736 $1,368,547 99.9% $1,189 State Sales Tax 1,181,250 $1,238,105 104.8% $56,855 Building Permits $576,938 $988,864 171.4% $411,926 Vehicle License $570,617 $602,117 105.5% $31,500 EAWPDATA\BUDGET MEMO COUNCIL.doc ♦ Local sales tax is the single largest source of revenue for the General Fund with a current rate of 2.2% and an annual budget of $6,459,293. • Year to date local sales tax revenue is lagging due to delay in reporting but is expected to meet projections by June 30 Sales tax activity is made up of construction, transportation/utilities, retail, restaurants and bars, commercial rentals, services and miscellaneous. Approximately $1.3M is one- time revenue received from construction activity THIRD Q UARTM GENERAL FUND REVENUES Miscellaneous Charges for Service Franchise Fee Fees &Permit Local Sales To Revenue Property Tax Revenu hate Shared Revenue ($100,0001 $900,000 $1,900,000 $2,900,000 $3,900,000 $4,900,000 The chart to the left compares General Fund revenues for the period ending March 31 of the current and prior fiscal year. : Dedicated sales tax (.3% for bond payments and .1% for downtown development) accounted for in a separate excise tax fund — a summary of the 3/31/2004 balance follows: 9 Mo Ending Prior Year Y-T-D Fund Bal 3/31/2004 Fund Balance Expenditure 3/31/2004 Mountain Bonds (.2%) $614,219 $1,196,980 ($160,831) $1,650,368 Civic Center Bonds (.1%) $0 $0 $0 $0 Downtown Development (.1%) $204,739 $715,425 ($26,261) $893,903 • Highway User Revenue Fund (HURF) revenue received $1,025,381 (73.1% of budget) • LTAF (Local Transportation Assistance Fund) and other receipts equal $134,623 • Major road projects performed during the next three months will reduce the surplus to approximately $275,000 by June 30 ♦ The FY2003-04 budgeted development fees were based on an estimate of 125 single family, 175 multi -family and 0 commercial permits; as of March 31S1 102 single family, 43 multi -family and 11 commercial permits have been issued EAWPDATA\BUDGET MEMO COUNCIL.doc In R * The cumulative available building development fees as of March 31, 2004 are $1,519,754, breakdown as follows: Parks & Law General Fiscal Year Open Space Recreation Streets Enforcement Government _TOTAL FY2001 $37,740 FY2002 $198,023 FY2003 $212,843 FY2004 (9 mos) $194,990 Net Collections FY01 thru FY04 $643,596 Expenditures thru FY03 ($14,105) FY 04 Expenditures ($1,335) $33,900 $13,742 $960 $13,987 $100,329 $176,759 $144,761 $10,843 $160,338 $690,724 $192,667 $96,512 $6,550 $96,087 $604,659 $177,440 $102,229 $7,244 $104,205 $595,677 $580,766 $357,244 ($80,954) ($16,302) $0 ($173,439) Available Fees $628,156 $499,812 $167,503 Expenditures $25,597 $0 $0 $25,597 $374,617 $1,981,820 ($185,500) ($296,861) $0 ($174,774) $189,117 $1,519,754 * Summary Expenditure Report for the General Fund shows that $7,772,061 has been expended for the nine months ending March 31, 2004 (63.8% of the annual budget) * Year to date surplus of revenues over expenditures is $1,710,948 * Approximately $500,000 of the savings is due to unpaid claims for sales tax rebate and vacancy savings (emergency management coordinator, code enforcement officer) * Expenditures for major maintenance items (wash, mowing, etc.) have not yet been made but are anticipated during the fourth quarter of the fiscal year ($260,000) * The decrease in law enforcement from FY2002-03 is due to the elimination of a dual law enforcement agency to a single contract with Maricopa County Sheriff's Office * HURF surplus is the result of major road improvements that were budgeted and normally occur during the last half of the fiscal year ($407,475) A comparison of General Fund expenditures by department for the first nine months of the .- + -A r,;- f;-I --, r-nilinR T%4nrrh qI1 iQ chnlUn halnw E:\WPDATA\BUDGET MEMO COUNCIL.doc EXPENDITURES Account Title Actual 3/31/2004 Budget 3/31/2004 Variance (Over)/Under Actual 3/31/2003 Town Council $51,295 $64,020 $12,725 $38,385 Magistrate Court $213,958 $224,903 $10,945 $204,181 Administration $2,134,459 $2,630,955 $496,496 $2,237,243 Building Safety $406,417 $440,925 $34,508 $263,863 Public Works $607,185 $811,920 $204,735 $709,635 Planning &Zoning $147,107 $189,000 $41,893 $232,19 Parks & Recreation $836,936 $1,311,683 $474,747 $1,030,19 w Enforcement $1,284,225 $1,307,654 $23,428 $1,950,76 Department $1,759,471 $1,751,873 ($7.598) $1,738,40 ommunity Center $321,993 $352,496 $30,502 $354,73 Iire ontingency/Transfers 9 014 37 500 $28,486 1 188 557 OTAL $7.772.061 $9.122.927 $1.350.M6 4 1 A comparison of General Fund expenditures by department and category for the period ending March 31, 2004 is shown above and below. The tables show that expenditures have been reduced by approximately $2,176,000 from the prior fiscal year; the majority reflected in wages and benefits (with the Budget Reduction Plan) and contingency/transfers. FISCAL YEAR 2003-2004 FISCAL YEAR 2002-2003 Category Actual 3/31/2004 Budget 3/31/2004 Actual 3/31/2003 Budget 3/31/2003 Salaries & Benefits $2,200,475 $2,641,496 $3,398,367 $3,763,301 Contractual Services $3,934,432 $4,261,146 $3,512,768 $3,788,175 Repairs & Maintenance $420,238 $572,363 $489,153 $700,894 Supplies & Services $1,150,403 $1,212,434 $1,298,925 $1,423,620 Capital Outlay $57,499 $397,988 $60,392 $145,500 Contingency/Transfers $9,014 $37,500 $1,188,557 $841,875 $7.772. 661 $9.122.927 $9.948.161 $10.663.364 Fund Balance Adopted Financial Policies establish a level of reserves (fund balance) that provide future financial stability for the Town. The policy requires that the Town set aside undesignated reserves in an amount equal to 30 days annual operating expenditures, designated unreserved funds of a minimum 10% of average revenues and reserved funds of 20% of average revenues. The General Fund balance as of March 31, 2004 is as follows: E:\WPDATA\BUDGET MEMO COUNCIL.doc Undesignated Unreserved Designated Unreserved Reserved Total Per Policy YTD 3/31/04 $1,022,750 $2,052,603 $1,230,675 $1,230,675 2 461 350 $2,461,350 $4,714,775 $5,744,628 However, the fund balance does not reflect liabilities for property taxes, sales tax refund claims, pre -approved capital projects, etc. Cash Balance The Town of Fountain Hills maintains sufficient cash balance at the local bank in order to pay vendors and payroll obligations. Idle cash is invested with the Local Government Investment Pool (LGIP-GOV), which is invested only in securities backed by the full faith and credit of the federal government, and available on 24 hours notice. The following is the cash on hand as of March 31: FY2003-04 FY2002-03 General Fund $5,370,269 $3,220,620 Development Fees $1,579,755 $ 982,019 HURF $ 527,310 $ (100,523) Special Revenue Fund $ 234,932 $ (35,367) Debt Service $ 820,100 $ 562,606 Excise Tax $2,464,508 $1,993,146 Summary Moody's Investors Service has removed the negative outlook that had been assigned to the Town's general obligation bonds — an indication that financial stability has been restored. The fourth quarter of the year is expected to continue the precedent of revenues exceeding expenditures with an anticipated General Fund surplus of $1.3 million by June 30, 2004, $826,735 more than budgeted. The savings are primarily due to unpaid sales tax refund claims and positions not being filled. During the last quarter of the year staff will be conducting an analysis of the Town's revenue structure for business license and liquor permits, development fees and other revenues to determine if modifications are warranted. E:\WPDATA\BUDGET MEMO COUNCIL.doc REVENUES E:\WPDATA\BUDGET MEMO COUNC[L.doc Town of Fountain Hills Summary Revenue Budget Report From I/1/2004 Through 3/31/2004 Percent Total Account Current Period YTD Budget Budget Code Account Title Actual YTD Actual YTD Budget Variance Remaining 01 General Fund 3,216,707.62 9,483,396.38 12,678,885.00 (3,195,488.62) 37.10% 02 Highway Users Fund 422,804.51 1,160,003.87 1,523,900.00 (363,896.13) 31.40% 03 Cottonwoods Maintenance Distrc 0.00 0.00 3,200.00 (3,200.00) 100.00% 05 Development Fees 190,958.53 595,677.16 1,021,725.00 (426,047.84) 59.96% 07 Court Enhancement Fund 6,549.02 49,941.79 0.00 49,941.79 (100.00%) 08 Special Revenue Fund 28,601.34 103,601.34 704,150.00 (600,548.66) 90.23% 09 Excise Tax Special Revenue 269,671.78 818,957.88 1,174,413.00 (355,455.12) 66.27% 101 Heritage Grant Fund 0.00 0.00 320,000.00 (320,000.00) 0.00% 310 Revenue Bond Debt Service 31,098.50 93,286.51 124,000.00 (30,713.49) 25.96% 320 GO Fund Debt Service 186,363.42 1,059,421.44 1,541,000.00 (481,578.56) 28.96% 330 Eagle Mtn CFD Debt Svc 63,803.71 72,319.35 561,500.00 (489,180.65) 94.47% 350 Municipal Properties Corp Fund 0.00 160,830.63 980,500.00 (819,669.37) 83.67% 450 Cottonwoods Improvement Distct 0.00 2,076.93 4,500.00 (2,423.07) 53.85% 500 Capital Projects Fund 32.05 21,773.52 0.00 21,773.52 98.96% Report Total 4,416,590.48 13,621,286.80 20,637,773.00 (7,016,486.20) 50.94% X, Date: 5/14/04 09:41:53 AM Page: 1 Town of Fountain Hills Summary Revenue Budget Report 01 - General Fund From l/l/2004 Through 3/31/2004 Percent Account Current Period YTD Budget Total Code Account Title Actual YTD Actual YTD Budget Variance Budget Used 3010 State Sales Tax 429,300.94 1,238,105.41 1,575,000.00 (336,894.59) 78.61% 3015 Fire Insurance Premium Tax 0.00 0.00 88,000.00 (88,000.00) 0.00% 3020 Shared Income Tax 456,030.12 1,368,547.00 1,826,315.00 (457,768.00) 74.93% 3030 Vehicle License Tax 203,419.39 602,117.32 760,822.00 (158,704.68) 79.14% 3100 Property Tax Revenue (1,279.10) (1,550.92) 0.00 (1,550.92) 100.00% 3205 Local Sales Tax Revenue 1,464,135.55 4,416,902.32 6,459,293.00 (2,042,390.68) 68.38% 3210 Business License Fees 32,582.50 79,120.75 95,210.00 (16,089.25) 83.10% 3220 Building Permits 363,812.61 988,863.50 769,250.00 219,613.50 128.55% 3221 Sign Permit Fees 3,360.00 3,360.00 0.00 3,360.00 100.00% 3225 Animal License Fees 10,135.00 23,664.70 32,495.00 (8,830.30) 72.83% 3230 Court Fines/Fees 48,956.31 146,295.38 212,000.00 (65,704.62) 69.01% 3231 JCEF Revenue 0.00 0.00 1,500.00 (1,500.00) 0.00% 3233 CCEF Revenue 0.00 125.50 0.00 125.50 100.00% 3240 Rezoning Fees 4,629.20 19,993.20 15,300.00 4,693.20 130.67% 3242 Improvement Plan Review Fees 5,603.21 19,728.21 15,750.00 3,978.21 125.26% 3244 Encroachment Permit Fees 2,965.40 25,913.45 41,000.00 (15,086.55) 63.20% 3250 Subdivision Fees 2,799.00 16,242.00 15,200.00 1,042.00 106.86% 3260 Franchise Fees 33,500.99 94,002.97 150,000.00 (55,997.03) 62.67% 3270 Park & Rec. User Fees 39,924.71 127,313.61 188,750.00 (61,436.39) 67.45% 3280 Rental Income - Comm. Center 50,505.42 129,015.47 195,000.00 (65,984.53) 66.16% 3282 Bar Sales 8,249.76 30,489.44 36,000.00 (5,510.56) 84.69% 3284 Commissions 755.27 2,495.97 4,000.00 (1,504.03) 62.40% 3285 Cellular Lease Revenue 15,076.50 45,229.50 63,000.00 (17,770.50) 71.79% 3290 Interest Income 8,872.67 51,645.56 85,000.00 (33,354.44) 60.76% 3299 Miscellaneous Income 32,983.78 55,387.65 50,000.00 5,387.65 110.78% Total 01 - General Fund 3,216,319.23 9,483,007.99 12,678,885.00 (3,195,877.01) 74.79% Report Total 3,216,319.23 9,483,007.99 12,678,885.00 (3,195,877.01) 74.79% Date: 5/10/04 09:02:37 AM Page: 1 �W Account Code Account Title 3040 LTAF Revenue 3050 Highway Users Revenue 3245 h1 Lieu Payments 3290 Interest Income 3299 Miscellaneous Income Total 02 - Highway Users Fund Report Total Date: 5/14/04 09:40:32 AM Town of Fountain Hills Summary Revenue Budget Report 02 - Highway Users Fund From l/1/2004 Through 3/31/2004 Percent Current Period YTD Budget Total Actual YTD Actual YTD Budget Variance Budget Used 44,594.25 105,890.65 115,000.00 (9,109.35) 92.08% 377,525.53 1,025,380.92 1,401,400.00 (376,019.08) 73.17% 0.00 26,453.00 6,000.00 20,453.00 440.88% 684.73 2,279.30 500.00 1,779.30 455.86% 0.00 0.00 1,000.00 (1,000.00) 0.00% 422,804.51 1,160,003.87 1,523,900.00 (363,896.13) 76.12% 422,804.51 1,160,003.87 1,523,900.00 (363,896.13) 76.12% Page: 1 EXPENDITURES E:\WPDATA\BUDGET MEMO COUNCIL.doc Town of Fountain Hills Summary Expenditure Budget Report From I/1/2004 Through 3/31/2004 Percent Total Budget Account ... Account Title CurrActual YTD Actual Total Budget YTD Budget ... Used 01 General Fund 2,498,139.70 7,772,060.80 15,077,612.00 4,391,841.20 51.55% 02 Highway Users Fund 240,249.03 712,551.78 1,689,446.00 811,348.22 42.18% 03 Cottonwoods Maintenance Distrc 0.00 0.00 3,200.00 3,200.00 0.00% 05 Development Fees 55,377.00 174,773.87 1,487,887.00 238,396.13 11.75% 07 Court Enhancement Fund 1,149.68 1,149.68 0.00 (1,149.68) 100.00% 08 Special Revenue Fund 43,633.03 74,737.25 1,060,900.00 816,706.75 7.04% 09 Excise Tax Special Revenue 236.90 187,091.73 2,427,700.00 770,973.27 7.71 % 101 Heritage Grant Fund 0.00 0.00 0.00 320,000.00 0.00% 310 Revenue Bond Debt Service 0.00 16,466.27 126,000.00 107,533.73 13.07% 320 GO Fund Debt Service 0.00 302,657.13 1,491,250.00 1,067,342.87 20.30% 330 Eagle Mtn CFD Debt Svc 0.00 157,737.50 1,308,179.00 356,762.50 12.06% 350 Municipal Properties Corp Fund 0.00 273,496.90 985,000.00 707,003.10 27.77% 450 Cottonwoods Improvement Distct 0.00 3,735.93 4,500.00 764.07 83.02% 500 Capital Projects Fund 36,280.00 36,280.00 2,100,000.00 (36,280.00) 1.73% Report Total 2,875,065.34 9,712,738.84 27,761,674.00 9,554,442.16 34.99% Date: 5/ 10/04 09:56:17 AM Page: 1 09 Account Code Account Title 020 Mayor and Town Council 040 Magistrate Court 050 General and Administrative 060 Building Safety 061 Public Works 080 Planning & Zoning 081 Parks & Recreation 090 Law Enforcement 092 Fire Department 095 Civic Center 99999 Non Departmental Report Total Date: 5/10/04 09:03:25 AM Town of Fountain Hills Summary Expenditure Budget Report 01 - General Fund From 1/1/2004 Through 3/31/2004 YTD Budget CurrActual YTD Actual YTD Budget Variance 26,446.65 51,295.47 85,360.00 34,064.53 73,155.23 213,957.66 299,870.00 85,912.34 562,554.18 2,134,459.29 3,507,940.00 1,373,480.71 115,902.39 406,417.05 587,900.00 181,482.95 225,725.22 607,184.51 1,082,560.00 475,375.49 79,891.00 147,107.29 252,000.00 104,892.71 304,667.62 836,935.96 1,748,910.00 911,974.04 421,871.04 1,284,225.36 1,743,538.00 459,312.64 587,702.86 1,759,470.50 2,335,830.00 576,359.50 98,253.51 321,993.25 469,994.00 148,000.75 1,970.00 9,014.46 50,000.00 40,985.54 2,498,139.70 7,772,060.80 12,163,902.00 4,391,841.20 Percent Total Budget I T—A Page: 1 79.33% 65.34% 64.04% 81.01 % 50.38% 35.92% 53.19% 48.31 % 74.51 % 48.73% 51.55% SPECIAL REVENUE FUND EXPENDITURES E:\WPDATA\BUDGET MEMO COUNCIL.doc Town of Fountain Hills Summary Expenditure Budget Report 071 - Street & Highway Department 99999 - No Title 999 - No Title 02 - Highway Users Fund From 3/1/2004 Through 3/31/2004 Percent Total Account ... Account Title Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 5200 Wages and Salaries 26,954.08 270,834.14 460,176.00 189,341.86 58.85% 5201 Employer FICA Expense 425.59 3,977.48 6,910.00 2,932.52 57.56% 5202 Unemployment Insurance Ex... 59.55 482.77 646.00 163.23 74.73% 5203 Employee's Health Insurance 3,568.52 30,166.04 54,768.00 24,601.96 55.08% 5204 Employee's Life Insurance 91.75 832.00 780.00 (52.00) 106.67% 5205 Employee's Dental Insurance 397.02 3,452.76 6,542.00 3,089.24 52.78% 5207 Worker's Compensation Exp... 5,539.80 16,061.53 28,627.00 12,565.47 56.11 % 5208 Employee's Retirement Fund... 3,267.93 30,439.24 51,719.00 21,279.76 58.86% 5211 Disability Insurance 157.51 1,307.91 2,257.00 949.09 57.95% 5901 Accounting Fees 3,500.00 3,500.00 3,500.00 0.00 100.00% 5903 Legal Fees 4,000.00 4,000.00 4,000.00 0.00 100.00% 5932 Special Programs 0.00 0.00 10,000.00 10,000.00 0.00% 6400 Vehicle Repairs & Maintena... 4,312.56 28,853.04 30,000.00 1,146.96 96.18% 6402 Road Repair & Maintenance 7,053.50 63,755.46 128,600.00 64,844.54 49.58% 6403 Equipment Rental 0.00 0.00 500.00 500.00 0.00% 6404 Building Repairs & Mainten... 517.40 3,490.24 4,000.00 509.76 87.26% 6405 Office Equip. Repairs & Mai... 0.00 0.00 500.00 500.00 0.00% 6406 Major Road Improvements 0.00 0.00 407,475.00 407,475.00 0.00% 6501 Advertising/Signage 0.00 52.16 100.00 47.84 52.16% 6507 Continuing Education 189.00 319.00 1,300.00 981.00 24.54% 6508 Dues & Publications 129.61 3,379.85 4,600.00 1,220.15 73.47% 6511 Electricity Expense 1,769.90 20,637.31 25,000.00 4,362.69 82.55% 6514 Gas & Oil Expense 1,420.07 10,113.48 17,000.00 6,886.52 59.49% 6517 Liability Insurance 22,822.68 95,668.74 117,000.00 21,331.26 81.77% 6520 Office Supplies 210.26 1,126.02 2,000.00 873.98 56.30% 6525 Tools, Shop Supplies 557.35 4,303.45 5,000.00 696.55 86.07% 6531 Printing 0.00 81.86 300.00 218.14 27.29% 6537 Communication Expense 451.47 4,241.44 7,500.00 3,258.56 56.55% 6546 Water/Sewer 167.38 2,415.43 6,000.00 3,584.57 40.26% 6548 Travel Expense 0.00 23.76 100.00 76.24 23.76% 6549 Uniforms 1,744.72 5,665.98 9,000.00 3,334.02 62.96% 8020 Capital Outlay - Furn & Equip. 0.00 3,373.69 5,000.00 1,626.31 67.47% 8026 Capital Outlay - Software 0.00 7,000.00 0.00 (7,000.00) 100.00% 9090 Transfers Out 10,333.00 92,997.00 123,000.00 30,003.00 75.61% Total 02 - Highway Users 99,640.65 712,551.78 1,523,900.00 811,348.22 46.76% Fund Date: 5n104 10:12:51 AM Page: 13 E4 Account ... Account Title 6406 Major Road Improvements 8090 Capital Expend. - Improvem. Total 05 - Development Fees Total 806 - Streets Development Fees Date: 5nlG4 10:12:51 AM Town of Fountain Hills Summary Expenditure Budget Report 99999 - Non Departmental 99999 - No Title 806 - Streets Development Fees 05 - Development Fees From 3/1/2004 Through 3/31/2004 Percent Total Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 0.00 118,062.00 0.00 (118,062.00) 100.00% 0.00 55,377.00 200,000.00 144,623.00 27.69% 0.00 173,439.00 200,000.00 26,561.00 86.72% 0.00 173,439.00 200,000.00 26,561.00 86.72% Page: 36 101 Account ... Account Title 5902 Professional Fees 5908 Engineering Fees Total 05 - Development Fees Total 814 - Open Space Development Fees Date: sn104 10:12:51 AM Town of Fountain Hills Summary Expenditure Budget Report 99999 - Non Departmental 99999 - No Title 814 - Open Space Development Fees 05 - Development Fees From 3/1/2004 Through 3/31/2004 Percent Total Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 0.00 1,171.52 0.00 (1,171.52) 100.00% 0.00 163.35 33,500.00 33,336.65 0.49% 0.00 1,334.87 33,500.00 32,165.13 3.99% 0.00 1,334.87 33,500.00 32,165.13 3.99% Page:38 El* I%. Account ... Account Title 9090 Transfers Out Total 05 - Development Fees Total 819 - General Govt Development Fee Date: 5n104 10:12:51 AM Town of Fountain Hills Summary Expenditure Budget Report 99999 - Non Departmental 99999 - No Title 819 - General Govt Development Fee 05 - Development Fees From 3/l/2004 Through 3/31/2004 Percent Total Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 0.00 19,880.00 50,000.00 30,120.00 39.76% 0.00 19,880.00 50,000.00 30,120.00 39.76% 0.00 19,880.00 50,000.00 30,120.00 39.76% Page:39 E* Account ... Account Title 5947 Tourism Total 08 - Special Revenue Fund Total 501 - Proposition 202 Date: 5n104 10:12:51 AM Town of Fountain Hills Summary Expenditure Budget Report 095 - Civic Center 99999 - No Title 501 - Proposition 202 08 - Special Revenue Fund From 3/l/2004 Through 3/31/2004 Percent Total Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 6,310.75 10,860.75 0.00 (10,860.75) 100.00% 6,310.75 10,860.75 0.00 (10,860.75) 100.00% 6,310.75 10,860.75 0.00 (10,860.75) 100.00% Pace: 31 6404 Building Repairs & Mainten... 6520 Office Supplies 8020 Capital Outlay - Fum & Equip. Total 08 - Special Revenue Fund Total 999 - No Title Total 99999 - No Title Total 095 - Civic Center Town of Fountain Hills Summary Expenditure Budget Report 095 - Civic Center 99999 - No Title 999 - No Title 08 - Special Revenue Fund From 3/1/2004 Tluough 3/31/2004 Percent Total Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 270.82 1,333.39 15,000.00 13,666.61 8.89% 0.00 5,576.17 12,294.00 6,717.83 45.36% 0.00 0.00 160,000.00 160,000.00 0.00% 270.82 6,909.56 187,294.00 180,384.44 3.69% 23,100.60 328,902.81 657,288.00 ')O Al 1 2C 1430 763 56 657 ?RR nn 29,411.35 339,763.56 657,288.00 174 14G 10 rA nAo/ kIWALwY,W,►. 'IIMMn 317,524.44 51.697o Date: 5n104 10:12:51 AM Page: 33 Town of Fountain Hills Summary Expenditure Budget Report 050 - General and Administrative 99999 - No Title 501 - Proposition 202 08 - Special Revenue Fund From 3/l/2004 Through 3/31/2004 Percent Total Account ... Account Title Current Period... YTD Actual YTD Budget YID Budget Vari... Budget Used 5939 Boys & Girls Club 0.00 25,000.00 0.00 (25,000.00) 100.00°% Total 08 - Special 0.00 25,000.00 0.00 (25,000.00) 100.00°% Revenue Fund Total 501 - Proposition 202 0.00 25,000.00 0.00 (25,000.00) 100.00% Date: 5r7104 10:12:51 AM Page: 5 Town of Fountain Hills Summary Expenditure Budget Report 071 - Street & Highway Department 99999 - No Title 999 - No Title 08 - Special Revenue Fund From 3/1/2004 Through 3/31/2004 Percent Total Account ... Account Title Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 5929 Special Programs - RPTA 0.00 28,601.34 0.00 (28,601.34) 100.00% Total 08 - Special 0.00 28,601.34 0.00 (28,601.34) 100.00% Revenue Fund Date: 5nIO4 10:12:51 AM Page: 15 Account ... Account Title 6526 Fire Fighting Equipment Total 08 - Special Revenue Fund Total 210 - FEMA Date: snIO4 10:12:51 AM Town of Fountain Hills Summary Expenditure Budget Report 092 - Fire Department 99999 - No Title 210 - FEMA 08 - Special Revenue Fund From 3/l/2004 Through 3/31/2004 Percent Total Current Period... YTD Actual YTD Budget YTD Budget Vari... Budget Used 1,368.10 1,368.10 24,150.00 22,781.90 5.67% 1,368.10 1,368.10 24,150.00 22,791.90 5.66% 1,368.10 1,368.10 24,150.00 22,781.90 5.66% Page: 28 FINANCIAL STATEMENTS (unaudited for management use only) E:\WPDATA\BUDGET MEMO COUNCIL.doc Town of Fountain Hills Statement of Revenues and Expenditures 01 - General Fund From 1/l/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Taxes 1,496,357.44 1,308,449.07 4,509,354.37 3,588,303.57 Intergovernmental 1,088,750.45 1,117,228.77 3,208,769.73 3,399,477.77 Fines and Forfeitures 48,956.31 44,419.67 146,420.88 151,980.21 Licenses and Permits 423,087.92 357,313.17 1,160,643.81 975,755.14 Charges for Services 42,723.71 51,100.59 143,555.61 151,002.90 Rents and Royalties 74,586.95 84,177.33 207,230.38 195,736.39 Interest 8,872.67 20,849.02 51,645.56 (83,840.70) Other 32,983.78 1,905.17 55,387.65 24,676.00 Total REVENUES 3,216,319.23 2,985,442.79 9,483,007.99 8,403,091.28 EXPENDITURES Current 2,451,635.67 2,616,412.62 7,705,547.38 8,699,213.10 Capital Outlay 46,504.03 59,030.50 60,268.96 64,930.50 Total EXPENDITURES 2,498,139.70 2,675,443.12 7,765,816.34 8,764,143.60 NET REVENUES OVER EXPENDITURES 718,179.53 309,999.67 1,717,191.65 (361,052.32) OTHER FINANCING SOURCES (USES) Operating Transfers In/(Out) Operating Transfers Out 0.00 0.00 1,255,958.32 (638,785.96) 0.00 (6,244.46) 1,255,958.32 (1,184,017.85) Total OTHER FINANCING SOURCES (USES) 0.00 617,172.36 (6,244.46) 71,940.47 FUND BALANCE, PRIOR PERIOD FUND BALANCE, END OF YEAR 5,026,448.36 2,520,042.10 4,033,680.70 3,736,325.98 5,750,872.35 3,992,446.02 5,744,627.89 3,447,214.13 Date: 5/10/04 09:37:36 AM Page: 1 co 0 MR Town of Fountain Hills Statement of Revenues and Expenditures 02 - Highway Users Fund From i/l/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Intergovernmental 422,119.78 382,948.97 1,131,271.57 1,060,387.14 Charges for Services 0.00 3,331.50 26,453.00 31,774.50 Interest 684.73 153.42 2,279.30 (87.58) Other 0.00 2,160.59 0.00 7,409.64 Total REVENUES 422,804.51 388,594.48 1,160,003.87 1,099,483.70 EXPENDITURES Current 205,876.34 208,349.88 609,181.09 872,080.69 Capital Outlay 3,373.69 2,585.48 10,373.69 2,585.48 Total EXPENDITURES 209,250.03 210,935.36 619,554.78 874,666.17 NET REVENUES OVER EXPENDITURES 213,554.48 177,659.12 540,449.09 224,817.53 OTHER FINANCING SOURCES (USES) Operating Transfers In/(Out) 0.00 0.00 0.00 0.00 Operating Transfers Out (30,999.00) (31,500.00) (92,997.00) (94,500.00) Total OTHER FINANCING SOURCES (USES) (30,999.00) (31,500.00) (92,997.00) (94,500.00) FUND BALANCE, PRIOR PERIOD 452,713.81 (15,841.59) 187,817.20 (0.45) FUND BALANCE, END OF YEAR 697,267.29 193,317.53 635,269.29 130,317.53 Date: 5/10/0409:38:15 AM Page: t IN U [7 Town of Fountain Hills Statement of Revenues and Expenditures 05 - Development Fees From 1/l/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Licenses and Permits 188,881.36 162,788.38 586,109.18 462,685.56 Interest 2,077.17 0.00 9,567.98 1,132.83 Total REVENUES 190,958.53 162,788.38 595,677.16 463,818.39 EXPENDITURES Current 0.00 16,302.00 119,396.87 16,302.00 Capital Outlay 55,377.00 0.00 55,377.00 0.00 Total EXPENDITURES 55,377.00 16,302.00 174,773.87 16,302.00 NET REVENUES OVER EXPENDITURES 135,581.53 146,486.38 420,903.29 447,516.39 OTHER FINANCING SOURCES (USES) Operating Transfers Out 0.00 6,400.00 0.00 0.00 Total OTHER FINANCING SOURCES (USES) 0.00 6,400.00 0.00 0.00 FUND BALANCE, PRIOR PERIOD 1,384,173.31 819,230.19 1,098,851.55 524,600.18 FUND BALANCE, END OF YEAR 1,519,754.84 978,516.57 1,519,754.84 972,116.57 Dace: 5/10/0409:38:15 AM Page: 3 REVENUES Fines and Forfeitures Interest Total REVENUES EXPENDITURES Current Total EXPENDITURES NET REVENUES OVER EXPENDITURES FUND BALANCE, PRIOR PERIOD FUND BALANCE, END OF YEAR Dare: 5/10/04 09:38:15 AM Town of Fountain Hills Statement of Revenues and Expenditures 07 - Court Enhancement Fund From 1/l/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual 6,234.49 0.00 49,424.24 0.00 314.53 0.00 517.55 0.00 6,549.02 0.00 49,941.79 0.00 1,149.68 0.00 1,149.68 0.00 1,149.68 0.00 1,149.68 0.00 5,399.34 0.00 48,792.11 0.00 162,139.40 0.00 118,746.63 0.00 167,538.74 0.00 167,538.74 0.00 Pap: 4 n V 0 Town of Fountain Hills Statement of Revenues and Expenditures 08 - Special Revenue Fund From I/1/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Intergovernmental 28,601.34 91,369.62 103,601.34 98,284.81 Other 0.00 0.00 0.00 0.00 Total REVENUES 28,601.34 91,369.62 103,601.34 98,284.81 EXPENDITURES Current 43,633.03 18,796.33 74,737.25 111,569.86 Capital Outlay 0.00 1,420.28 0.00 69,601.73 Total EXPENDITURES 43,633.03 20,216.61 74,737.25 181,171.59 NET REVENUES OVER EXPENDITURES (15,031.69) 71,153.01 28,864.09 (82,886.78) OTHER FINANCING SOURCES (USES) Operating Transfers In/(Out) 0.00 Operating Transfers Out 0.00 Total OTHER FINANCING SOURCES (USES) 0.00 FUND BALANCE, PRIOR PERIOD 0.00 0.00 0.00 0.00 0.00 0.00 246,410.96 (154,039,79) 202,515.18 0.00 0.00 0.00 0.00 FUND BALANCE, END OF YEAR 231,379.27 (82,886.78) 231,379.27 (82,886.78) Date: 5/10/04 09:38:15 AM Page: 5 Town of Fountain Hills Statement of Revenues and Expenditures 09 - Excise Tax Special Revenue *#A. From 1/1/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Taxes 266,206.47 0.00 802,911.85 0.00 Interest 3,465.31 4,059.82 16,046.03 3,254.18 Total REVENUES 269,671.78 4,059.82 818,957.88 3,254.18 EXPENDITURES Current 236.90 0.00 26,261.10 0.00 Capital Outlay 0.00 0.00 0.00 0.00 Total EXPENDITURES 236.90 0.00 26,261.10 0.00 NET REVENUES OVER EXPENDITURES 269,434.88 4,059.82 792,696.78 3,254.18 OTHER FINANCING SOURCES (USES) Operating TransfersIn/(Out) 0.00 638,785.96 0.00 1,184,017.85 Operating Transfers Out 0.00 0.00 (160,830.63) (164,955.63) Total OTHER FINANCING SOURCES (USES) 0.00 638,785.96 (160,830.63) 1,019,062.22 FUND BALANCE, PRIOR PERIOD 2,274,835.07 1,455,494.25 1,912,403.80 1,076,023.63 .r. FUND BALANCE, END OF YEAR 2,705,100.58 1,718,063.77 2,544,269.95 2,098,340.03 Date: 5/10/04 09:38:15 AM Pug, 6 r E Town of Fountain Hills Statement of Revenues and Expenditures 310 - Revenue Bond Debt Service From I/1/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Interest 99.50 0.00 289.51 0.00 Total REVENUES 99.50 0.00 289.51 0.00 EXPENDITURES Debt Service 0.00 0.00 16,466.27 18,311.90 Total EXPENDITURES 0.00 0.00 16,466.27 18,311.90 NET REVENUES OVER EXPENDITURES 99.50 0.00 (16,176.76) (18,311.90) OTHER FINANCING SOURCES (USES) Operating Transfers In/(Out) 30,999.00 31,500.00 92,997.00 94,500.00 Total OTHER FINANCING SOURCES (USES) 30,999.00 31,500.00 92,997.00 94,500.00 FUND BALANCE, PRIOR PERIOD 45,498.59 44,688.10 (223.15) (0.63) FUND BALANCE, END OF YEAR 14,599.09 13,188.10 76,597.09 76,188.10 Date: 5/10/04 09:38:15 AM Page 8 E Town of Fountain Hills Statement of Revenues and Expenditures 320 - GO Fund Debt Service From 1/1/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Taxes 186,167.73 171,980.24 1,058,410.30 938,717.84 Interest 195.69 0.00 1,011.14 0.00 Total REVENUES 186,363.42 171,980.24 1,059,421.44 938,717.84 EXPENDITURES Capital Outlay 0.00 0.00 0.00 0.00 Debt Service 0.00 0.00 302,657.13 323,873.13 Total EXPENDITURES 0.00 0.00 302,657.13 323,873.13 NET REVENUES OVER EXPENDITURES 186,363.42 171,980.24 756,764.31 614,844.71 OTHER FINANCING SOURCES (USES) Operating Transfers In/(Out) 0.00 0.00 0.00 0.00 Total OTHER FINANCING SOURCES (USES) _ _ 0.00 0.00 0.00 0.00 FUND BALANCE, PRIOR PERIOD 634,634.27 381,711.87 64,233.38 (61,152.60) FUND BALANCE, END OF YEAR 820,997.69 553,692.11 820,997.69 553,692.11 Date: 5/10/04 09:38:15 AM Page: 9 Town of Fountain Hills Statement of Revenues and Expenditures 330 - Eagle Mtn CFD Debt Svc From 1/l/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Prior Year Actual Actual Actual Actual REVENUES Taxes 63,803.71 50,321.20 368,295.99 296,101.33 Interest 0.00 0.00 (295,976.64) 0.00 Total REVENUES 63,803.71 50,321.20 72,319.35 296,101.33 EXPENDITURES Capital Outlay 0.00 0.00 0.00 0.00 Debt Service 0.00 0.00 157,737.50 5,000.00 Total EXPENDITURES 0.00 0.00 157,737.50 5,000.00 NET REVENUES OVER EXPENDITURES 63,803.71 50,321.20 (85,418.15) 291,101.33 FUND BALANCE, PRIOR PERIOD 641,490.37 1,281,276.89 790,712.23 1,040,496.76 FUND BALANCE, END OF YEAR 705,294.08 1,331,598.09 705,294.08 1,331,598.09 E Date: 5/10/04 09:38:15 AM Page: 10 IN 1H UIT Town of Fountain Hills Statement of Revenues and Expenditures 350 - Municipal Properties Corp Fund From 1/l/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Actual Actual Actual Prior Year Actual EXPENDITURES Debt Service 0.00 4,000.00 273,496.90 285,221.43 Total EXPENDITURES 0.00 4,000.00 273,496.90 285,221.43 NET REVENUES OVER EXPENDITURES 0.00 (4,000.00) (273,496.90) (285,221.43) OTHER FINANCING SOURCES (USES) Operating Transfers hl/(Out) 0.00 0.00 160,830.63 164,955.63 Total OTHER FINANCING SOURCES (USES) 0.00 0.00 160,830.63 164,955.63 FUND BALANCE, PRIOR PERIOD 737,616.90 (116,265.80) 850,283.17 0.45 FUND BALANCE, END OF YEAR 576,786.27 (285,221.43) 737,616.90 (120,265.80) Date: 5/10/04 09:38:15 AM Page: 11 E U U0 Town of Fountain Hills Statement of Revenues and Expenditures 450 - Cottonwoods Improvement Distct From 1/1/2004 Through 3/31/2004 Prior Year Current Period Current Period Current Year Actual Actual Actual Prior Year REVENUES Taxes 0.00 0.00 2,074.55 2,299.21 Interest 0.00 138.38 2.38 157.85 Total REVENUES 0.00 138.38 2,076.93 2,457.06 EXPENDITURES Debt Service 0.00 0.00 3,735.93 3,820.66 Total EXPENDITURES 0.00 0.00 3,735.93 3,820.66 NET REVENUES OVER EXPENDITURES 0.00 138.38 (1,659.00) (1,363.60) FUND BALANCE, PRIOR PERIOD 8,714.24 8,635.14 10,373.24 10,137.12 FUND BALANCE, END OF YEAR 8,714.24 8,773.52 8,714.24 8,773.52 Date: 5/10/04 09:38:15 AM Page: 14 Town of Fountain Hills R Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 5/20/04 Contact Person: Pickering Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda wording: PUBLIC HEARING regarding the Town of Fountain Hills' fiscal year 2004-05 TENTATIVE BUDGET/DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Town of Fountain Hills' fiscal year 2004-05 tentative budget. Staff Recommendation: Fiscal Impact: Yes $ Purpose of Item and Background Information: At the May 5th council budget work-study session, after discussion and consideration, Council directed staff to revise the tentative budget. This meeting will allow a public hearing and further council discussion with possible direction to staff. List All Attachments as Follows: Staff report, copies of revised budget sheets reflecting all changes and additions to date (please discard your existing pages and insert the attached into your draft budget books) Type(s) of Presentation: verbal Signatures of Submitting Staff: Department Head Town Manager / Designee e:\agenda cover sheet\budge tpresentaiton.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF THE TOWN MANAGER INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: May 14, 2004 THROUGH: Timothy Pickering, Town Manager FROM: Susan Stein, Executive Assistant RE: Town of Fountain Hills Revised Budget for FY 2004-2005 At the May 5th council budget work-study session, Council directed staff to revise the draft budget after discussion and consideration. The attached portions and pages of the proposed fiscal year 2004-2005 budget contain those revisions. Please discard your existing pages and insert the attached into your draft budget books. Revised section/page number Budget Overview Section (pages 1-18) Page 1 Page 5 Page 7 Page 11 Page 12 ,%W Page 13 Budget Summary Section (pages 19-35) Page 21-27 Page 30 Page 34 Page 35 Department Budget Section Page 54 Pages 111-114 Law Enforcement Schedules/Summaries Section Page 124 Page 134-135 Page 136 Page 139 Revisions Numbers to reflect overall changes Numbers to reflect overall changes Numbers & chart revised Added verbiage to capital projects Chart revised to reflect changes Chart revised Numbers to reflect overall changes Verbiage revised Verbiage revised Numbers to reflect overall changes Verbiage in rent expense paragraph. Numbers & verbiage to reflect added resource officer Revised grants revenue fund chart Revised to reflect addition of funds for vets memorial and open space Revised chart for dev. fees parks Added verbiage below chart At the May 20th council meeting, staff will review budget adjustments, followed by public input and further council discussion. cc: Council candidates, Department directors Stein/ElBudget 2004-2005/interofficememocouncilbudgetrevisions.doc/051404