HomeMy WebLinkAbout2004.0603.TCREM.PacketFOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault
Councilman Keith McMahan
Councilman John Kavanagh Councilwoman Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
WHEN: THURSDAY, June 3, 2004
TIME: 5:00 P.M. EXECUTIVE SESSION
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state
their name prior to commenting and to direct their comments to the Presiding Officer and not to
individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not
to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on
the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any
portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue durin2 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 ROLL CALL — MAYOR NICHOLS
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TRUGREEN LandCare Ski
Cave Creek Branch
4237 E. Forest Pleasant Place
Cave Creek, AZ 85331
May 3, 2004
Town of Fountain Hills
PO Box 17958
Fountain Hills, AZ 85369
RE: Contract Renewal — Letter of Intent
Dear Don Clark:
After careful review of our current Landscape Contract with the Town of Fountain Hills,
TruGreen LandCare wishes to continue our contract for the coming year with a modest
increase of 1.5%. This increase is based upon the CPI as published by the US Bureau of
Labor Statistics.
We request this modest increase to offset the rising costs of fuel and labor after
continuing the contract without an increase last year.
We are happy to have served your landscape needs over the past years and look forward
to continuing our service in the future.
Should you wish to contact me directly, please, do not hesitate to call the office or my
cellular phone (602) 768-9225.
Respectfully,
Michael G. Unde
Branch Manager
Phone 480-595-9744 / Facsimile 480-595-9539
License #154329 Commercial A-2.1 R !t1 cA :+')c-- TOTAL P.02
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Parks and Recreation
Consent:® Regular:❑
Meeting Date: May 24, 2004
Contact Person: Mark Mayer
Requesting Action:®
Tvoe 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
® Contract Renewal
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
RegularAgenda Wordinp,: Consideration of approving the contract for the Town's Compass Newsletter and the
Parks and Recreation Activity Guide in the amount of $37,715.70.
Staff Recommendation: Approve Fiscal Impact: Yes $ 37,715.70 (Compass $22,949.37) and Activity
Guide ($14,766.33)
( Purpose of Item and Background Information: This contract was initiated in July 2003, and is renewable on an
d annual basis for up to three additional one year periods.
This year, there are several changes to the Compass Newsletter contact. First, the Compass Newsletter will be divided
into two separate and distinct publications: The Compass Newsletter will contain government information that will be
mailed six times per year. The Parks and Recreation Activity Guide will contain recreation programs, Community
Center, and park information, and will be mailed three times per year. The intention of the government newsletter is to
develop easily understand local government articles and information, and it will be disseminated to the public in a
timely manner. Additionally, the Parks and Recreation Activity Guide has been the prime marketing tool for
recreation programs and Town special events. However, it will be mailed three times per year as opposed to six times
per year. The detailed specification for both newsletters can be found in Exhibit A of the attached Contract.
Otherwise, the contract remains the same.
Buse Printing is the vendor that has been providing printing and mailing services over the last year. Town staff is
satisfied with the quality of printing and timely mailing of the newsletter, and desires to continue the contractual
relationship for an additional year. Furthermore, Buse Printing requested a 1.5% Consumer Price Index increase as
stipulated in the contract, and this modest increase has been factored into the contract amount.
List All Attachments as Follows- Exhibit A of the Signed Contract
Type(s) of Presentation: Memo
Signatures of Submitting Staff:
e-
4►. Mark C. Mayer, Parks & Recreation D ector
Tim icke ' g, Town Manager
Budget Review
(if item not budgeted or exceeds budget amount)
EXHIBIT A
® SCOPE OF WORK AND FEE SCHEDULE
Beginning July 1, 2004, the Newsletter will be separated into two distinct publications: The
Compass Newsletter and the Activity Guide.
Compass Newsletter
• Printed on 8 pages
• Mailed 6 times per year
• Price to print, mail, and deliver extras to the Community Center including tax:
$22,949.37
Activity Guide
• Printed on 12 pages
Mailed 3 times per year
Price to print, mail, and deliver extras to the Community Center including tax:
$14,766.33
The specifications for both the Compass Newsletter and Activity Guide include:
• Self cover newsletter with a finish size of 81h x 11.
• 70# fortune Matte Book paper or equivalent.
• Trim, fold, and saddle stitch.
• CMYK color process.
• PageMaker files will be burned to a CD and delivered to Buse Printing.
• Film output sample produced for review and approval prior to printing the job.
• Turn around time is 14 business days from receipt of newsletters by Buse Printing.
• Mailing will be government saturation, weighted at Scottsdale Post Office, and delivered
to Fountain Hills Post Office for mailing.
• Extra newsletters will be delivered to the Community Center, which is located across the
street from the Fountain Hills Post Office.
• Buse Printing will maintain all necessary business licenses.
TOWN OF FOUNTAIN HILLS
COMPASS NEWSLETTER AND ACTIVITY GUIDE PRINTING CONTRACT
THIS CONTRACT (this "Contract") is made as of July 1, 2004, between the Town of
Fountain Hills, an Arizona municipal corporation (the "Town") and Ray Buse Printing and
Advertising, Inc., an Arizona corporation (the "Printer").
RECITALS
A. The Town issued an Invitation for Bid on June 11, 2003 (the "Invitation"), for
printing services related to the Compass Newsletter (the "Newsletter").
B. Printer responded to the Invitation and submitted a bid for the Newsletter.
Printer's bid was the lowest, qualified bid received by the Town.
C. Historically, the Newsletter has included the Town's Activity Guide (the
"Guide"). However, the Town now desires to have the Guide printed separately from the
Newsletter.
D. The Town desires to enter into this Contract with the Printer for printing services
related to the Newsletter and the Guide (collectively, the "Services").
E. The Town's Contract Administrator for this Contract shall be the Town's Parks
and Recreation Executive Assistant or authorized designee.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency
of which is hereby acknowledged, parties hereto agree as follows:
1. Term of Contract. The term of this Contract shall be from July 1, 2004, through
June 30, 2005. This contract will automatically renew for successive one-year terms on the
anniversary of the execution hereof for three consecutive years unless written notification is
made by either party not less than thirty (30) days prior to the annual renewal date.
2. Scope of Work. Printer shall provide the Services in accordance with the terms
and conditions of this Contract, and as more particularly set forth in the Scope of Work and Fee
Schedule, attached hereto as Exhibit A and incorporated herein by reference.
3. Fees. The amount paid to the Printer under this Contract for the Services shall not
exceed $37,715.70, as more particularly set forth in Exhibit A.
4. Price Increases. Price increases may be requested by the Printer 30 days prior to
the anniversary date of the Contract. Price increases will become automatically effective and will
be effective for at least one year from the date of approval. Price increases will be applied to the
unit pricing in the Contract as a percentage increase. The percentage increase in the unit pricing
may not exceed the percent of increase in the Phoenix Metropolitan "Consumers Price Index" for
all items for the Percent Change from the Year -Ago Quarter as published by the Department of
• Labor Urban Consumer Price Index, however, this increase shall not be allowed to exceed a limit
of 5%. Higher price increases may be considered based on documented increases in material
price or labor wage/fringe rate.
5. Pa, m� ents. Printer shall submit invoices to the Town that shall document and
itemize all work completed. The Contract Administrator shall review and approve all invoice
statements. Once approved, invoices shall be paid within 30 days of said approval.
6. Licenses. Printer shall maintain in current status all Federal, State and Local
licenses and permits required for the operation of the business conducted by the Printer.
7. Indemnification. To the fullest extent permitted by law, the Printer shall defend,
indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials
and employees for, from and against all claims, damages, losses and expenses (including but not
limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising
out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of
the Printer, its employees, agents, or any tier of subcontractors in the performance of this
Contract. Printer's duty to defend, hold harmless and indemnify the Town, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or
injury to, impairment or destruction of property, including loss of use resulting therefrom, caused
by any acts, errors, mistakes, omissions, work or services in the performance of this Contract of
® any employee of the Printer or any tier of subcontractor or any other person for whose acts,
errors, mistakes, omissions, work or services the Printer may be legally liable. The amount and
type of insurance coverage requirements set forth below will in no way be construed as limiting
the scope of the indemnity in this Section.
8. Insurance.
8.1 General.
a. Insurer Oualifications. Without limiting any obligations or
liabilities of Printer, Printer shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies duly licensed by the State of
Arizona with an AM Best, Inc. rating of A- or above with policies and forms satisfactory
to the Town. Failure to maintain insurance as specified herein may result in termination
of this Agreement at the Town's option.
b. No Representation of Coverage_Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Printer. 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 Printer from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
® C. Additional Insured. All insurance coverage and self -insured
retention or deductible portions, except Workers' Compensation insurance and
Professional Liability insurance, if applicable, shall name, to the fullest extent permitted
by law for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, directors, officials and employees as Additional Insured as
specified under the respective coverage sections of this Agreement.
d. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
e. Primary Insurance. Printer's insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
f. 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 three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force
• and contains the provisions as required herein for the three-year period.
g. Waiver. All policies, including Workers' Compensation insurance,
shall contain a waiver of rights of recovery (subrogation) against the Town, its agents,
representatives, officials, officers and employees for any claims arising out of the work or
services of Printer. Printer shall arrange to have such subrogation waivers incorporated
into each policy via formal written endorsement thereto.
h. Policy Deductibles and/or Self -Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self -
insured retention amounts. Such deductibles or self -insured retention shall not be
applicable with respect to the policy limits provided to the Town. Printer shall be solely
responsible for any such deductible or self -insured retention amount. The Town, at its
option, may require Printer to secure payment of such deductible or self -insured retention
by a surety bond or irrevocable and unconditional letter of credit.
i. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Printer shall execute written agreement with Subcontractor
containing the indemnification provisions set forth in this Section and insurance
requirements set forth herein protecting the Town and Printer. Printer shall be
responsible for executing the agreement with Subcontractor and obtaining certificates of
insurance verifying the insurance requirements.
j. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Printer shall furnish the Town with certificate(s) of insurance, or
formal endorsements as required by this Agreement, issued by Printer's insurer(s) as
evidence that policies are placed with acceptable insurers as specified herein and provide
the required coverages, conditions and limits of coverage specified in this Agreement and
that such coverage and provisions are in full force and effect. If a certificate of insurance
is submitted as verification of coverage, the Town shall reasonably rely upon the
certificate of insurance as evidence of coverage but such acceptance and reliance shall
not waive or alter in any way the insurance requirements or obligations of this
Agreement. Such certificates shall identify the contract work number and be sent to the
Engineer. If any of the above -cited policies expire during the life of this Agreement, it
shall be Printer's responsibility to forward renewal certificates within ten days after the
renewal date containing all the aforementioned insurance provisions. Additionally
certificates of insurance submitted without referencing a contract number will be subject
to rejection and returned or discarded. Certificates of insurance shall specifically include
the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability - Under Insurance
Services Office, Inc., ("ISO") Form CG 20 10 03 97 or
equivalent.
(b) Auto Liability - Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability - Follow Form to underlying
insurance.
(2) Printer's insurance shall be primary insurance as respects
performance of the Agreement.
(3) All policies, including Workers' Compensation, waive
rights of recovery (subrogation) against Town, its agents, representatives,
officers, officials and employees for any claims arising out of work or
services performed by Printer under this Agreement.
(4) A 30-day advance notice cancellation provision. If
ACORD certificate of insurance form is used, the phrases in the
cancellation provision "endeavor to" and "but failure to mail such notice
shall impose no obligation or liability of any kind upon the company, its
agents or representatives" shall be deleted. Certificate forms other than
ACORD form shall have similar restrictive language deleted.
8.2 Required Insurance Coverage.
a. Commercial General Liability. Printer shall maintain "occurrence"
form Commercial General Liability insurance with an unimpaired limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products -completed
operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured's clause. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read "Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you." If any Excess
insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance
shall be "follow form" equal or broader in coverage scope then underlying insurance.
b. Professional Liability. If this Agreement is the subject of any
professional services or work, or if Printer engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Printer shall maintain
Professional Liability insurance covering negligent errors and omissions arising out of
the work or services performed by Printer, or anyone employed by Printer, or anyone for
whose negligent acts, mistakes, errors and omissions Printer is legally liable, with an
unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 all claims.
In the event the Professional Liability insurance policy is written on a "claims made"
basis, coverage shall extend for three years past completion and acceptance of the work
or services, and Printer shall be required to submit certificates of insurance evidencing
proper coverage is in effect as required above.
C. Vehicle Liability. Printer shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Printer's owned, hired
and non -owned vehicles assigned to or used in the performance of the Printer's work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
641" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town,
its agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement
form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the
requirements of this paragraph, such Excess insurance shall be "follow form" equal or
broader in coverage scope then underlying insurance.
d. Workers' Compensation Insurance. Printer shall maintain
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Printer's employees engaged in the performance of work or
I]
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.
8.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or materially changed without 30 days prior written notice to the Town.
9. Termination: Cancellation.
9.1 For Town's Convenience. This Contract is for the convenience of the
Town and, as such, may be terminated without cause by the Town 30 days after receipt by
Printer of written notice by the Town. Upon termination for convenience, Printer shall be paid
for all undisputed services performed to the termination date.
9.2 For Cause. This Contract may be terminated be either party upon 30 days'
written notice to the other party should the other party fail to substantially perform in accordance
with this Contract's terms, through no fault of the party initiating the termination. In the event of
such termination for cause, payment shall be made by the Town to the Printer for the undisputed
portion of its fee due as of the termination date.
9.3 Due to Work Stoppage. This Contract may be terminated by the Town
upon 30 days' written notice to Printer in the event that the Improvements are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Printer for the undisputed portion of its fee due as of the termination date.
9.4 Conflict of Interest. This Contract is subject to the provisions of Atuz.
REv. STAT. § 38-511. The Town may cancel this Contract without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in
initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any
of its departments or agencies is, at any time while the Contract or any extension of the Contract
is in effect, an employee of any other party to the Contract in any capacity or a consultant to any
other party of the Contract with respect to the subject matter of the Contract.
9.5 Gratuities. The Town may, by written notice to the Printer, cancel this
Contract if it is found by the Town that gratuities, in the form of entertainment, gifts or
otherwise, were offered or given by the Printer or any agent or representative of the printer to
any officer or employee of the Town for the purpose of securing this Contract. In the event this
Contract is cancelled by the Town pursuant to this provision, the Town shall be entitled, in
addition to any other rights and remedies, to recover or withhold from the Printer an amount
equal to 150% of the gratuity.
10. Miscellaneous
10.1 Independent Contractor. The Printer acknowledges that all services
provided under this Contract are being provided as an independent contractor, not as an
employee or agent of the Town. Both parties agree that this Contract is nonexclusive and that
U
Printer is not prohibited from entering into other contracts nor prohibited from practicing its
• profession elsewhere.
10.2 Laws and Re)zulations. The Printer shall keep fully informed and shall at
all times during the performance of its duties under this Contract ensure that it and any person
for whom the Printer is responsible remains in compliance with of all rules, regulations,
ordinances, statutes or laws affecting the Services, including the following: (i) existing and
future Town and County ordinances and regulations, (ii) state and federal laws and (iii)
Occupational Safety and Health Administration ("OSHA") standards.
10.3 Amendments. This Contract may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Printer.
10.4 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Contract will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, the Contract will promptly be physically
amended to make such insertion or correction.
10.5 Severability. The provisions of this Contract are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of the Contract which may remain in effect without the
invalid provision or application.
10.6 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Printer is advised that taxes or
Social Security payments will not be withheld from any Town payments issued hereunder and
that the Printer should make arrangements to directly pay such expenses, if any.
10.7 Interpretation; Parol Evidence. This Contract represents the entire
Contract of the parties with respect to its subject matter, and all previous agreements, whether
oral or written, entered into prior to this Contract are hereby revoked and superseded by this
Contract. No representations, warranties, inducements or oral Contracts have been made by any
of the parties except as expressly set forth herein, or in any other contemporaneous written
agreement executed for the purposes of carrying out the provisions of this Contact.
10.8 Assignment. No right or interest in this Contract shall be assigned by
Printer without prior, written permission of the Town and no delegation of any duty of Printer
shall be made without prior, written permission of the Town.
10.9 Subcontracts. No subcontract shall be entered into by the Printer with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Printer is responsible for performance under this Contract whether or
not subcontractors are used.
10.10 Rights and Remedies. No provision in this Contract shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Contract. The failure of
the Town to insist upon the strict performance of any term or condition of this Contract or to
exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the
Town's acceptance of and payment for services, shall not release the Printer from any
responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Contract.
10.11 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
11. Notices and Requests. Any notice or other communication required or permitted
to be given under this Contract shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below, (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below or (iv) delivered by
facsimile transmission to the number set forth below:
If to the Town: Town of Fountain Hills
P.O. Box 17958
Fountain Hills, Arizona 85269-7958
Facsimile: 480-837-4452
Attn: Michelle Carlson
With copy to: JoRDEN, BISCHOFF, MCGUIRE ROSE & HISER, P.L.C.
7272 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
Facsimile: 480-505-3901
Attn: Andrew J. McGuire, Esq.
If to Printer: Ray Buse Printing and Advertising, Inc.
1616 E. Harvard
Phoenix, Arizona 85006
Facsimile: 602-254-5118
Attn: Ray Buse, President
With a copy to:
EXHIBIT A
SCOPE OF WORK AND FEE SCHEDULE
Beginning July 1, 2004, the Newsletter will be separated into two distinct publications: The
Compass Newsletter and the Activity Guide.
Compass Newsletter
• Printed on 8 pages
• Mailed 6 times per year
• Price to print, mail, and deliver extras to the Community Center including tax:
$22,949.37
Activity Guide
• Printed on 12 pages
• Mailed 3 times per year
• Price to print, mail, and deliver extras to the Community Center including tax:
$14,766.33
The specifications for both the Compass Newsletter and Activity Guide include:
• Self cover newsletter with a finish size of 8 1/z x 11.
• 70# fortune Matte Book paper or equivalent.
• Trim, fold, and saddle stitch.
rr. • CMYK color process.
• PageMaker files will be burned to a CD and delivered to Buse Printing.
• Film output sample produced for review and approval prior to printing the job.
• Turn around time is 14 business days from receipt of newsletters by Buse Printing.
• Mailing will be government saturation, weighted at Scottsdale Post Office, and delivered
to Fountain Hills Post Office for mailing.
• Extra newsletters will be delivered to the Community Center, which is located across the
street from the Fountain Hills Post Office.
• Buse Printing will maintain all necessary business licenses.
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed
received (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day, or
(iv) when received by facsimile transmission during the normal business hours of the recipient.
If a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
IN WITNESS WHEREOF, the Town and the Printer have caused this Contract to be duly
executed as of the day, month and year first above written.
"Town" "Printer"
TOWN QT FOUN`iAI 7 an RAY BUSE PRINTING AND
mui e 1 corporation ADVERTISING, INC., an Arizona
corporation
4Timothyy
By:
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Name:
Title:
ATTEST:
*eveyn. B " er own Clerk
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:[]
Meeting Date: 6/3/04
Contact Person: Tom Ward
Requesting Action:®
TVpe 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 Wordinjz: Consideration of approving the Annual Median Landscape Maintenance Contract
(PW 2004-04) in the amount of $143,200 and awarding the contract to Nichols & Sons Landscaping, Inc.
Staff Recommendation: Approve Fiscal Impact: Yes $$143,200
,Now Purpose of Item and Background Information: To provide 3000 crew hours for median'.andscape
maintenance and 500 hours for an irrigation technician starting July 1, 2004.
List All Attachments as Follows: Staff memo, map and signed contract.
Type(s) of Presentation: None
Signatures of Submitting Staff:
D artmen Head
Town anager
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Council
DT: May 17, 2004
FR: Thomas L. Ward, Director of Public Works
RE: Annual Median Landscape
Maintenance Contract
Bid No. PW 2004-04
Bids were received and opened on May 14, 2004 for the Annual Median Landscape Maintenance
Contract (PW 2004-04). Two bids were received:
Nichols & Sons Landscaping, Inc. $143,200.00
TruGreen LandCare $174,250.00
The existing contract will expire on June 30, 2004. The existing contractor, Sage Landscaping,
has been given a formal 30-day notice.
Median maintenance involves 44 acres of Town owned medians, Town Hall, Community Center,
two fire stations and dam maintenance as required by ADWR (see attached map). This contract
also includes 500 hours of irrigation maintenance on an "as -needed" basis for repairs,
renovations, etc.
Staff recommends awarding of the Annual Median Landscape Maintenance Contract to
Nichols & Sons in the amount of $143,200.00.
rt
cc: David Stepanek
E:\Bids\Annual Median Landscape Maintenance Contract Bid Award 2004.doc
TOWN OF FOUNTAIN HILLS
• ANNUAL MEDIAN LANDSCAPE MAINTENANCE CONTRACT
PROJECT NO. PW 2004-04
This Annual Median Landscape Maintenance Contract (this "Contract") is made as of May 18,
2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Nichols &
Sons Landscaping, Inc. (the "Contractor").
A. The Town issued an Invitation for Bid #PW 2004-04 on April 19, 2004 (the
"Invitation"), for annual median landscape maintenance services (the "Services").
B. Contractor responded to the Invitation and submitted a bid for the Services. Contractor's
bid was the lowest, qualified bid received by the Town.
C. The Town desires to enter into this Contract with the Contractor for the Services.
D. The Town's Contract Administrator for this Contract shall be the Town's Public Works
Director or his authorized designee.
NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of
. which is hereby acknowledged, parties hereto agree as follows:
1. Tern, of Contract- The term of this Contract shall be for the period of one year,
commencing July 1, 2004. This Contract will automatically renew for successive one-year terms on the
anniversary of the execution hereof for four consecutive years unless written notification is made by
either party not less than thirty days prior to the annual renewal date. Work shall not commence until
authorization to proceed is received from the Town.
2. Scope of Work. Contractor shall provide the Services as set forth in accordance with (i)
the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference, (ii) the terms
and conditions set forth in this Contract, (iii) the Special Terms and Conditions set forth in Exhibit B,
attached hereto and incorporated herein by this reference (iv) the applicable sections of the Maricopa
Association of Governments ("MAG") Uniform Standard Specifications for Public Works Construction
(the "MAG Specifications") and (v) the Contractor's response to the Invitation for Bids.
3. Tn PS} .cL tin; Acre tan All work shall be subject to inspection and surveillance and
acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall
provide and maintain a self -inspection system that is acceptable to the Town.
4. Comnrencation Price Escalation_ The Town shall pay Contractor a price not to exceed
$143,200 for the Services as more particularly set forth in the Bid Schedule attached hereto as Exhibit C:
and incorporated herein by reference.
Price increases may be requested by the Contractor 30 days prior to the anniversary date of the Contract.
Price increases will become automatically effective and will be effective for at least one year from the
date of approval. Price increases will be applied to the unit pricing in the Contract as a percentage
Annual Landscape Contract.doc Page 12 of 24
increase. The percentage increase in the unit pricing may not exceed the percent of increase in the
Phoenix Metropolitan "Consumers Price Index" for all items for the Percent Change from the Year -Ago
Quarter as published by the Department of Labor Urban Consumer Price Index, however, this increase
shall not be allowed to exceed a limit of 5%. Higher price increases may be considered based on
documented increases in material price or labor wage/fringe rate.
5. _Payments_ The Town shall pay the Contractor upon completion of the Services to be
performed hereunder. Contractor shall submit invoices to the Town that shall document and itemize all
work completed. The invoice statement shall include a record of time expended and work performed in
sufficient detail to justify payment. The Contract Administrator shall review and approve all invoice
statements. Once approved, invoices shall be paid within 30 days of said approval.
6. Licenses_ Contractor shall maintain in current status all Federal, State and Local licenses
and permits required for the operation of the business conducted by the Contractor.
7. Indemnification_ To the fullest extent permitted by law, the Contractor shall defend,
indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and
employees for, from and against all claims, damages, losses and expenses (including but not limited to
attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to
have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its
employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to
defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials
and employees shall arise in connection with any claim, damage, loss or expense that is attributable to
bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss
of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the
performance of this Contract of any employee of the Contractor or any tier of subcontractor or any other
person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable.
The amount and type of insurance coverage requirements set forth below will in no way be construed as
limiting the scope of the indemnity in this Section.
8. Insurance_
8.1 gal-
a. Insurer Qualifications_ Without limiting any obligations or liabilities of
Contractor, Contractor shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies duly
licensed by the State of Arizona with an AM Best, Inc. rating of A- or above
with policies and forms satisfactory to the Town. Failure to maintain insurance
as specified herein may result in termination of this Contract at the Town's
option.
b. No Regrecentation of Coverage Adequacy. By requiring insurance herein, the
Town does not represent that coverage and limits will be adequate to protect
Contractor. The Town reserves the right to review any and all of the insurance
policies and/or endorsements cited in this Contract but has no obligation to do
so. Failure to demand such evidence of full compliance with the insurance
requirements set forth in this Contract or failure to identify any insurance
deficiency shall not relieve Contractor from, nor be construed or deemed a
waiver of, its obligation to maintain the required insurance at all times during the
Annual landscape Contract.doc Page 13 of 24
performance of this Contract.
C. Additional Insured_ All insurance coverage and self -insured retention or
deductible portions, except Workers' Compensation insurance and Professional
Liability insurance, if applicable, shall name, to the fullest extent permitted by
law for claims arising out of the performance of this Contract, the Town, its
agents, representatives, officers, directors, officials and employees as Additional
Insured as specified under the respective coverage sections of this Contract.
d. Coverage Term_ All insurance required herein shall be maintained in full force
and effect until all work or services required to be performed under the terms of
this Contract are satisfactorily performed, completed and formally accepted by
the Town, unless specified otherwise in this Contract.
e. Primary Insurance- Contractor's insurance shall be primary insurance with
respect to performance of this Contract and in the protection of the Town as an
Additional Insured.
f. Claims Made_ In the event any insurance policies required by this Contract are
written on a "claims made" basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years
past completion and acceptance of the services. Such continuing coverage shall
be evidenced by submission of annual Certificates of Insurance citing applicable
coverage is in force and contains the provisions as required herein for the three-
® year period.
g. Waiver. All policies, including Workers' Compensation insurance, waiver of
rights of recovery (subrogation) against the Town, its agents, representatives,
officials, officers and employees for any claims arising out of the work or
services of Contractor. Contractor shall arrange to have such subrogation
waivers incorporated into each policy via formal written endorsement thereto.
h. Policy Deductibles and/or Self -Insured Retentions_ The policies set forth in
these requirements may provide coverage that contains deductibles or self -
insured retention amounts. Such deductibles or self -insured retention shall not
be applicable with respect to the policy limits provided to the Town. Contractor
shall be solely responsible for any such deductible or self -insured retention
amount. The Town, at its option, may require Contractor to secure payment of
such deductible or self -insured retention by a surety bond or irrevocable and
unconditional letter of credit.
i. T Tse of Subcontractors- If any work under this Contract is subcontracted in any
way, Contractor shall execute a written agreement with Subcontractor containing
the indemnification provisions set forth in this Section and insurance
requirements set forth herein protecting the Town and Contractor. Contractor
shall be responsible for executing the agreement with Subcontractor and
obtaining certificates of insurance verifying the insurance requirements.
j. Fviden _e of Tnsurance_ Prior to commencing any work or services under this
Contract, Contractor shall furnish the Town with certificate(s) of insurance, or
Annual Landscape Contract.doc Page 14 of 24
formal endorsements as required by this Contract, issued by Contractor's
• insurer(s) as evidence that policies are placed with acceptable insurers as
specified herein and provide the required coverages, conditions and limits of
coverage specified in this Contract and that such coverage and provisions are in
full force and effect. If a certificate of insurance is submitted as verification of
coverage, the Town shall reasonably rely upon the certificate of insurance as
evidence of coverage but such acceptance and reliance shall not waive or alter in
any way the insurance requirements or obligations of this Contract. Such
certificates shall identify the contract work number and be sent to the Engineer.
If any of the above -cited policies expire during the life of this Contract, it shall
be Contractor's responsibility to forward renewal certificates within ten days
after the renewal date containing all the aforementioned insurance provisions.
Additionally certificates of insurance submitted without referencing a contract
number will be subject to rejection and returned or discarded. Certificates of
insurance shall specifically aPc'fcally include the following provisions-
(1) The Town, its agents, representatives, officers, directors, officials and
employees are Additional Insureds as follows:
(a) Commercial General Liability - Under Insurance Services
Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent.
(b) Auto Liability - Under ISO Form CA 20 48 or equivalent.
(c) Excess Liability - Follow Form to underlying insurance.
® (2) Contractor's insurance shall be primary insurance as respects
performance of the Contract.
(3) All policies, including Workers' Compensation, waive rights of recovery
(subrogation) against Town, its agents, representatives, officers, officials
and employees for any claims arising out of work or services performed
by Contractor under this Contract.
(4) A 30-day advance notice cancellation provision. If ACORD certificate
of insurance form is used, the phrases in the cancellation provision
"endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or
representatives" shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
lLW*1V11Qe-1U;M
a. Commercial General Liability- Contractor shall maintain "occurrence" form
Commercial General Liability insurance with an unimpaired limit of not less
than $1,000,000 for each occurrence, $2,000,000 Products and Completed
Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The
policy shall cover liability arising from premises, operations, independent
contractors, products -completed operations, personal injury and advertising
injury. Coverage under the policy will be at least as broad as ISO policy form
CG 00 010 93 or equivalent thereof, including but not limited to, separation of
insured's clause. To the fullest extent allowed by law, for claims arising out of
Annual Landscape Contract.doc Page 15 of 24
the performance of this Contract, the Town, its agents, representatives, officers,
officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10
03 97, or equivalent, which shall read "Who is an Insured (Section II) is
amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that
insured by or for you." If any Excess insurance is utilized to fulfill the
requirements of this paragraph, such Excess insurance shall be "follow form"
equal or broader in coverage scope then underlying insurance.
b. Vehicle Liability- Contractor shall maintain Business Automobile Liability
insurance with a limit of $1,000,000 each occurrence on Contractor's owned,
hired and non -owned vehicles assigned to or used in the performance of the
Contractor's work or services under this Contract. Coverage will be at least as
broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or
equivalent thereof. To the fullest extent allowed by law, for claims arising out of
the performance of this Contract, the Town, its agents, representatives, officers,
directors, officials and employees shall be cited as an Additional Insured under
ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or
equivalent. If any Excess insurance is utilized to fulfill the requirements of this
paragraph, such Excess insurance shall be "follow form" equal or broader in
coverage scope then underlying insurance.
C. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor's employees engaged in the
performance of work or services under this Contract and shall also maintain
Employers Liability Insurance of not less than $500,000 for each accident,
$500,000 disease for each employee and $1,000,000 disease policy limit.
8.3 Cancellation and Expiration Notice_ Insurance required herein shall not expire, be
canceled, or materially changed without 30 days prior written notice to the Town.
9.1 For Town's Convenience. This Contract is for the convenience of the Town and, as
such, may be terminated without cause by the Town 30 days after receipt by Contractor of written notice
by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services
performed to the termination date.
9.2 For Cause_ This Contract may be terminated be either party upon 30 days' written notice
to the other party should the other party fail to substantially perform in accordance with this Contract's
terms, through no fault of the party initiating the termination. In the event of such termination for cause,
payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the
termination date.
9.3 Due, to Work Stoppage, This Contract may be terminated by the Town upon 30 days'
written notice to Contractor in the event that the Services are permanently abandoned. In the event of
such termination due to work stoppage, payment shall be made by the Town to the Contractor for the
Annual Landscape Contract.doc Page 16 of 24
undisputed portion of its fee due as of the termination date.
• 9.4 Conflict of Interest This Contract is subject to the provisions of ARIZ. REV. STAT. § 38-
511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its
departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting
or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while
the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract
in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the
Contract.
9.5 Gratuities_ The Town may, by written notice to the Contractor, cancel this Contract if it
is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or
given by the Contractor or any agent or representative of the Contractor to any officer or employee of the
Town for the purpose of securing this Contract. In the event this Contract is cancelled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to
recover or withhold from the Contractor an amount equal to 150% of the gratuity.
II a ETC t .1 •
10.1 Independent Contractor_ The Contractor acknowledges that all services provided under
this Contract are being provided as an independent contractor, not as an employee or agent of the Town.
Both parties agree that this Contract is nonexclusive and that Contractor is not prohibited from entering
into other contracts nor prohibited from practicing its profession elsewhere.
10.2 Laws and Regulations_ The Contractor shall keep fully informed and shall at all times
during the performance of its duties under this Contract ensure that it and any person for whom the
® Contractor is responsible remains in compliance with of all rules, regulations, ordinances, statutes or
laws affecting the Services, including the following: (i) existing and future Town and County ordinances
and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration
("OSHA") standards.
10.3 Amendments. This Contract may be modified only by a written amendment signed by
persons duly authorized to enter into contracts on behalf of the Town and the Contractor.
10.4 Provisions Required by Law_ Each and every provision of law and any clause required
by law to be in the Contract will be read and enforced as though it were included herein and, if through
mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, the Contract will promptly be physically amended to make such insertion or
correction.
10.5 S .vP erahility. The provisions of this Contract are severable to the extent that any
provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other
provision or application of the Contract which may remain in effect without the invalid provision or
application.
10.6 Relationshi1n of the Parties. It is clearly understood that each party will act in its
individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An
employee or agent of one party shall not be deemed or construed to be the employee or agent of the other
for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be
withheld from any Town payments issued hereunder and that the Contractor should make arrangements
to directly pay such expenses, if any.
Annual Landscape Contract.doc Page 17 of 24
10.7 Interpretation- Parol Evidence_ This Contract represents the entire Contract of the parties
with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior
to this Contract are hereby revoked and superseded by this Contract. No representations, warranties,
inducements or oral Contracts have been made by any of the parties except as expressly set forth herein,
or in any other contemporaneous written agreement executed for the purposes of carrying out the
provisions of this Contact.
10.8 Assignment. No right or interest in this Contract shall be assigned by Contractor without
prior, written permission of the Town and no delegation of any duty of Contractor shall be made without
prior, written permission of the Town.
10.9 Subcontracts_ No subcontract shall be entered into by the Contractor with any other
party to furnish any of the material or services specified herein without the prior written approval of the
Town. The Contractor is responsible for performance under this Contract whether or not subcontractors
are used.
10.10 Rights and Remedies_ No provision in this Contract shall be construed, expressly or by
implication, as waiver by the Town of any existing or future right and/or remedy available by law in the
event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict
performance of any term or condition of this Contract or to exercise or delay the exercise of any right or
remedy provided in this Contract, or by law, or the Town's acceptance of and payment for services, shall
not release the Contractor from any responsibilities or obligations imposed by this Contract or by law,
and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this
Contract.
10.11 Liens. All materials or services shall be free of all liens and, if the Town requests, a
formal release of all liens shall be delivered to the Town.
11. Notices and Requests. Any notice or other communication required or permitted to be given
under this Contract shall be in writing and shall be deemed to have been duly given if (i) delivered to the
party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt
requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery
service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth
below:
If to the Town: Town of Fountain Hills
P.O. Box 17958
Fountain Hills, Arizona 85269-7958
Facsimile: 480-837-1404
Attn: Tom Ward
With copy to: JORDEN, BISCHOFF, MCGUIRE ROSE & HISER, P.L.C.
7272 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
Facsimile: 480-505-3901
Attn: Andrew J. McGuire, Esq.
Annual Landscape Contract.doc Page 18 of 24
If to Contractor:
With a copy to:
or at such other address, and to the attention of such other person or officer, as any party may designate
in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when
delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed,
with sufficient postage, (iii) the following business day after being given to a recognized overnight
delivery service, with the person giving the notice paying all required charges and instructing the delivery
service to deliver on the following business day, or (iv) when received by facsimile transmission during
the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other
recipient, the provisions above governing the date on which a notice is deemed to have been received by
a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which
a copy of the notice may be sent, is deemed to have received the notice.
IN WITNESS WHEREOF, the Town and the Contractor have caused this Contract to be duly
executed as of the day, month and year first above written.
"Town" "Contractor"
TO F FOUNTAIN Arizona Nichols & S ns Landsc ping, Inc., an
• mu 'c al c ora ' Arizona C oration
l �
By:
im ickermg, Town Magner e i hols, President
. r,
Annual Landscape Contract.doc Page 19 of 24
TOWN OF FOUNTAIN HILLS
LANDSCAPE MAINTENANCE CONTRACT
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PLOT DATE: 4-2004
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:[:]
Meeting Date: 6/3/04
Contact Person: Dana Burkhardt, Senior Planner
Requesting Action:®
Type of Document Needing Approval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
❑ 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 FINAL PLAT for "Colony Wash Vista Condominiums",
a 20-unit multiple -family development and right-of-way dedication located at the northwest corner of Panorama
Drive and the Colony Drive alleyway; Case #S2003-13.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This request, by Gene Baker, is for approval of the final plat
for "Colony Wash Vista Condominiums", a 20 unit multiple -family subdivision. The property is an unplatted
piece of land located in the "C-1 and R-4" Zoning Districts. On October 16, 2003, the Town Council
unanimously approved the preliminary plat at the recommendation of the Planning and Zoning Commission.
List All Attachments as Follows: Staff Report; Application & Final Plat reductions
Type(s) of Presentation: None
Signatures of Submittinm Staff: UD artment Head
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL MEMO
TO: The Honorable Mayor Nichols and Town
DT: May 26, 2004
Council
FR: Dana Burkhardt, Senior Planner
RE: Final plat for "Colony Wash Vista
Condominiums", Case #S2003-13
LOCATION: The unplatted parcel of land located west of Panorama Drive, south
of Colony Wash, and north of the Colony Drive Alley.
REQUEST: Consideration of the final plat for "Colony Wash Vista
Condominiums", a 2.71 acre, 20 unit condominium subdivision and
right-of-way dedication.
DESCRIPTION:
OWNER: Colony Wash Vista, L.L.C.
APPLICANT: Gene Baker
EXISTING ZONING: "R-4 & C-l" Split zoned Multiple -family and Commercial
Zoning Districts
SURROUNDING LAND USES AND ZONING:
NORTH: Colony Wash; zoned "R-4"
SOUTH: Alley and a mini storage facility; zoned "C-l"
EAST: Panorama Drive and CCWC Storage yard; zoned "C-2"
WEST: Colony Drive Alley and Commercial Buildings; zoned "C-2"
SUMMARY:
This request, by Gene Baker, is for approval of the final plat for "Colony Wash Vista
Condominiums", a 20 unit multiple -family subdivision. The property is an unplatted piece of
land located in the "C-1 and R-4" Zoning Districts. On October 16, 2003, the Town Council
unanimously approved the preliminary plat at the recommendation of the Planning and Zoning
Commission.
The plat proposes four residential buildings and a 149 square foot common amenity building and
a swimming pool. The maximum livable area of the proposed dwelling units is 1,216 square and
the minimum livable area is 1,109. Each dwelling unit has one garage parking space and one
designated uncovered parking space. The plan provides seven guest parking spaces, two of
which are handicap accessible. Each building is approximately 26 feet in height and utilizes a
combination of a hipped roof and raised parapet roof design. The proposed density of this
development is 7.38 dwelling units per acre.
The property is encumbered by a 69kv overhead electrical line, which dissects the proposed
parking area. The project provides access from two locations along the north side of the Colony
*Aw Drive Alley. The developer proposes to provide alley right-of-way paving and landscaping
improvements for the majority of the alley property frontage. The developer also proposes a
single three to five foot interior sidewalk system, which connects to a proposed six-foot
meandering sidewalk along the Panorama Drive frontage. The Frontage sidewalk connects to the
existing sidewalk located on the east side of Panorama Drive, on the north side of Tioga Drive.
EVALUATION:
This project conforms to the Town of Fountain Hills General Plan and the Zoning and
Subdivision Ordinances. The property is split zoned "R-4" Multi -family and "C-1" Commercial.
The preliminary plat configuration is designed so that all of the residential dwelling units are
located within the "R-4' Zoning District, and the four garages attached to "Building 4" along
with some parking pavement are located within the "C-1" Zoning District. The alley
improvements to this site do not necessitate a sidewalk on both sides of the alley right-of-way;
therefore Town Council waived the requirement for a two-sided sidewalk right-of-way design in
the preliminary plat approval.
The topography of the property slopes down to Colony Wash from the alley and Panorama
Drive. The majority of the site is less than 10% gradient, with the steeper slopes located at the
north east of the property, abutting Colony Wash. The hillside preservation area proposed on
this final plat conforms to the hillside preservation requirements of the Subdivision Ordinance.
The Hillside Protection Easement is shown beginning along the north and east boundaries of the
construction area, adjacent to the undisturbed wash parcel.
The preliminary plat was approved with the following stipulations:
1) The applicant shall address all improvement plan review comments to the Towns
satisfaction, and submit all remaining supporting improvement plans and documents and
receive approval of such plans prior to final plat recording.
2) The Town Council waives the double -sided right-of-way sidewalk requirement, and
approves the sidewalk design as presented.
3) The alley right-of-way improvements shall include full alley width paving, grading, and
landscaping improvements. You may also be required to provide a trash enclosure for
the existing trash receptacles located in this portion of the alley.
4) Prior to final plat recordation, provide final acceptance for water service from Chaparral
City Water Company, including the approved water service plans for review.
RECOMMENDATION:
Staff recommends the Town Council approve the final plat for "Colony Wash Vista
Condominiums", with the following stipulations:
1) Prior to construction, provide approved water service plans.
2) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat
recordation.
3) Prior to recordation submit complete landscape and irrigation plans for review and
approval with the subdivision improvements.
4) Provide a Construction Assurance Bond for all improvements including, but not limited
to right-of-way improvements drainage facilities and structures and landscaping that is
acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat
recordation.
5) The alley right-of-way improvements shall include full alley width paving, grading, and
landscaping improvements. You may also be required to provide a trash enclosure for
the existing trash receptacles located in this portion of the alley.
6) Prior to final plat recordation, provide final acceptance for water service from Chaparral
City Water Company, including the approved water service plans for review.
7) Prior to alleyway improvements, submit a letter to the Town from the adjacent property
owner to reconstruct the entrances located on the south side of the alley, as noted on plans.
8) Redesign the riprap drainage area along the Panorama Drive frontage to resemble a
"natural" desert character as required in Section 505 of the Subdivision Ordinance.
PBA 1/02
S� The Town of Fountain Hills
` For Official Use Only
p 9 COMMUNITY DEVELOPMENT DEPARTMENT Case Manager:
ao o Fountain Hills, Arizona
6
gOat is Psi" Q
APPLICATION
Area Specific Plan or Change X 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:
fUCc���vi�tiZZ2fi�x�
PROJECT NAME
Mrs. Applicant: �y�4 �il(�1� i,CZ�C�I L : L. L • Day Phone L/ Do I' & -5c/c� %
Mr. Q!/� . C� r i� p Z g 5�
R Ms. Address. City: State: Zip:
Mrs. Owner:' Day Phone
Mr.
Ms. Address: City: State: Zip:
N
If application is being submitted by som i t the owner of the property under ctinsideration, tYie section be/ow
must be completed,
SIGNATURE OF OWNER DATE
I HEREBY AUTHORIZE
Please Print
Subscribed and sworn before me this day of
Public
FILING DATE: CJ,� % FEE PAID:
Application
Page 2 of 7
My Commission Expires
(See Fee Schedule)
C', # 1 c
TO FILE THIS APPLICATION.
20
ACCEPTED BY: C'
Case Number
PBA 1 /02
The Town of Fountain Hills
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LEGAL DESCRIPTION AfU)� (/� 73A/ Xc 6 E (�
Plat Name Block Lot
PROPERTY ADDRES
PARCEL SIZE (Acres)
V/A
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NUMBER OF UNITS PROPOSED
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ASSESSOR PARCEL NUMBER �Jl�A
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Application
Page 3 of 7
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16716 E. PARKVIEW AVE. SUITE 204
FOUNTAIN HILLS, ARIZONA 85268
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Attorney
Consent:❑ Regular:®
Meeting Date: 6/3/04
Contact Person: Andrew McGuire
Requesting Action:®
Tvve 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: PUBLIC HEARING and CONSIDERATION of RESOLUTION 2004-31,
approving the location transfer of the Senior Services Foundation of Fountain Hills' bingo license to the Fountain
Hills Community Center,
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Senior Services have applied for a transfer of their bingo
license from the former location in the town office complex to the Fountain Hills Community Center. A public
hearing is required to implement the transfer.
List All Attachments as Follows:
Type(s) of Presentation: oral
Signatures of Submitting Staff:
Department He4d
Town Manager / Designee
Resolution 2004-31, bingo license, transfer request
Budget Review
(if item not budgeted or exceeds budget amount)
eAagenda cover sheet\agenda cover sheet retreatgoals.doc
RESOLUTION NO.2004-31
%W A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE LOCATION TRANSFER
OF THE SENIOR SERVICES FOUNDATION OF FOUNTAIN HILLS' BINGO
LICENSE.
WHEREAS, pursuant to Axiz. REv. STAT. § 5-403.1 (the "Statute"), Senior Services
Foundation of Fountain Hills, Inc., an Arizona non-profit corporation ("Senior Services"), has
applied to the Mayor and Council of the Town of Fountain Hills (the "Town Council") for a
location transfer its bingo license; and
WHEREAS, pursuant to the Statute, a public hearing on the transfer of Senior Services'
bingo license was held by the Town Council on June 7, 2004; and
WHEREAS, the Town Council desires to approve Senior Services' bingo license
location transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the location transfer of the Senior Services' bingo license from 16836
E. Palisades, Bldg. C., Fountain Hills, Arizona, to 13001 N. La Montana Drive, Fountain Hills,
Arizona, is hereby approved.
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 carry out the purpose
and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
June 3, 2004.
FOR THE TOWN OF FOUNTAIN HILLS: ATTEST:
REVIEWED Y:
r
Timothy G. Pickering; own Manager
9196.001\ ..\2004-31 Bingo.res.d x
6-2-04-1
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
0,,, A', h, —,,,
Andrew J. McGuire, Town Attorney
ARIZONA DEPARTMENT OF REVENUE
CHANGE OF LOCATION
( ARS 5-403.01 License location Transfers. 'A licensee shall not transfer the location for which a license is issued unless the governing body of
the city or town or the board of supervisors of the county to which the license is proposed to be transferred gives prior written approval after a
public hearing. The licensee shall transmit the approval document from the local governing body and its existing license to the licensing
authority, and, upon determination that the transfer would not result in a violation of any provision of this article, the licensing authority shall issue
a new license identifying the new location. The transfer is not effective untill the new license is issued. Temporary transfers of location are
prohibited".
TYPE OR PRINT IN BLACK INK
1. Licensee name: v 1eN Se Ce C. � UN A/License number:
2. Mailing address: 0 O / 4, AZ (ZIP):
3. Old location, where bingo is currently bein pla ed: 8 /
c/q (Y� ou�tq.,11A
4. New street address / jactual physical location, where bingo will be played:
�wProjected date games will begin at new location: J L�, N e_ /'f'� 841
O
6. Attach appropriate document(s) to demonstrate the financial transaction to acquire the new premises, i.e. escrow instructions, purchase
agreement(s), rental agreement, rental affidavit, etc.
7. Attach documentary proof that the local governing body having jurisdiction over the new location has a public hearing and approved the new
location.
8. Attach the bingo license issued for the old location.
9. Name and phone number of organization's contact person responsible for this change and property transaction.
ex 1 f� jc,.,.J - ,� �a � 'fie, - , 34 - `f _3 3 0
0 Approved 0 Disapproved
License Classification: 0 Class A
Tenn of License:
Date of local governing body approval:
ADOR 2501 (2/91)
FOR OFFICAL USE ONLY
Reviewer:
0 Class B 0 Class C
53
Date:
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To:
Town of Fountain Hills
16836 E. Palisades Boulevard,
Administration Department - Building "A"
P.O. Box 17958
Fountain Hills, AZ 85269
(480) 837-2003 (voice)
1 y p (480) 837-3145 (fax)
From: A
Fax `.i /,vG� O 1p Pages j
CAL. (Including cover):
Phone: awl�/ 716 % O O / Date: (� � X/ �j y
Re:
CC:
❑ Uobent ❑ Review ❑ Please Comment ❑ Please Reply O Please Recycle
f (vO0 CAJ
��� / 74 -� ?— q'S 2— SO
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES (this "Agreement") is entered into as of July
1, 2004, by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the
"Town") and JORDEN BISCHOFF MCGUIRE ROSE & HISER, P.L.C., an Arizona professional
limited liability company (the "Law Firm").
RECITALS
A. The Town issued a Request for Proposals for delivery of Town Attorney Legal
Services on July 12, 2002 (the "RFP").
B. The Law Firm submitted a response to the RFP.
C. The Town retained the Law Firm to fulfill the duties of Town Attorney and entered
into an agreement for legal services, dated September 16, 2002, which agreement is set to expire
June 30, 2004.
D. The Town desires to continue to have the Law Firm fulfill the duties of Town
Attorney and the Law Firm desires to continue to serve the Town as its Town Attorney.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, terms,
conditions and agreements hereinafter set forth, the parties hereto agree as follows:
1. Term.
a. Initial Term. The Law Firm shall serve as the Town=s Attorney for the period
from July 1, 2004 through June 30, 2006 (the "Initial Term"), subject to cancellation as set forth in
subsection l(c) of this Agreement.
b. Renewal. This Agreement shall automatically renew for successive additional
two-year periods (each, a "Renewal Term") unless terminated sooner as set forth below.
C. Cancellation. This Agreement may be canceled by the Town (i) at any time
for any reason or no reason upon 30 days written notice to the Law Firm or (ii) pursuant to ARIZ.
REV. STAT. § 38-511. In the event of cancellation pursuant to this subsection, the Town will
reimburse the Law Firm for all monies due and payable through the last effective day of this
Agreement.
2. Duties of the Law Firm.
During the Initial Term and any subsequent Renewal Term, the Law Firm shall provide to the
Town the following services:
ajm\Legal Sevices Agt-FH04.doc
5-28-04-1
a. Drafting ordinances and resolutions.
b. Drafting and negotiating contracts and agreements.
C. Reviewing agendas and minutes.
d. Attending meetings of the Town Council.
e. Attending meetings of other boards and commissions (as requested or
required).
f. Coordinating with Town Staff for review of documents prepared in-house.
g. Representing the Town before administrative boards and local appellate
courts.
h. Providing general legal advice and counsel in the areas such as election law,
property law, planning and zoning, code enforcement, contract law, public
bidding and contracts, personnel, improvement districts, open meeting law,
litigation, development agreements, intergovernmental agreements, cable and
franchise law, wireless telecommunications law, employee benefits, general
state municipal law and federal law.
The Town agrees and understands that the Law Firm specifically will not provide the Town with
representation or advice involving tax matters.
3. Compensation.
a. Billing Rates. The Town shall pay the Law Firm based on the following
hourly billing rates:
® Andrew J. McGuire $140 per hour
Carolyn K. Oberholtzer $140 per hour
Douglas A. Jorden $215 per hour
Charles A. Bischoff $245 per hour
Jordan R. Rose $250 per hour
Eric L. Hiser $245 per hour
Tammy Meyer $160 per hour
Matthew Joy $170 per hour
Court Rich $210 per hour
Michele A. Hentrich $160 per hour
Tracie L. Jordan, Paralegal $90 per hour
Sandi M. Nagel, Paralegal $85 per hour
It is understood by all parties that Mr. McGuire and Ms. Oberholtzer will be the primary attorneys
assigned to provide legal services to the Town. Accordingly, Mr. McGuire's hourly billing rate has
been discounted from $215.00/hour to $140.00/hour and Ms. Oberholtzer's rate has been reduced
from $175/hour to $140/hour. In the event it is necessary to utilize any other attorney from the Law
Firm, prior approval will be obtained from the Town Manager. Mr. McGuire will submit an hourly
itemized accounting of all work performed by the Law Firm. The Town and the Law Firm
specifically agree that the Law Firm's billing rates are adjusted periodically and that such rates may
be increased without further action or approval of the Town; provided, however, that the hourly rate
charged to the Town shall not increase more than $10/hour per attorney per year. The Law Firm
shall provide notice to the Town Manager 30 days prior to any such rate increase.
ainaxga1 Sevices Agt-FH04.doc 5-28-04-1 2
b. Costs. Billed -through costs include: the Law Firm=s charges for long-
distance telephone calls, messenger charges, overnight mail charges, photocopying charges at $ .10
per page, facsimile long distance charges, on-line or computerized legal research charges and
extraordinary postage. There is no administrative markup. Billing statements issued by the Law
Firm are due upon receipt, and are considered past due 30 days after the date they bear. Each
statement will include a description of the work performed on any given date, the identity of the
person performing the work and total number of hours expended by each person on the Town's
behalf during that billing period. The Law Firm reserves the right to decline to perform further
services if any account is 30 days or more past due.
4. Miscellaneous.
a. Representation of Authority. The Law Firm, the Town and the individuals
executing this Agreement on behalf of each of them warrant, represent and covenant that the person
executing this Agreement is duly authorized to do so and thereby bind the respective party.
b. Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below, (iii) given to a recog-
nized 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 Law Firm: Andrew J. McGuire
Jorden Bischoff McGuire Rose & Hiser, P.L.C.
7272 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
Facsimile: 480-505-3901
If to the Town: Town Clerk
Town of Fountain Hills
16836 E. Palisades Boulevard
Fountain Hills, Arizona 85268
Facsimile: 480-837-3145
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received
(i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly
addressed, with sufficient postage, (iii) the following business day after being given to a recognized
overnight delivery service, with the person giving the notice paying all required charges and
instructing the delivery service to deliver on the following business day, or (iv) when received by
facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also
given to a party's counsel or other recipient, the provisions above governing the date on which a
notice is deemed to have been received by a party shall mean and refer to the date on which the party,
and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have
received the notice.
ajm\1xga1 Sevi-s Agt-FHO4.doc 3
5-28-" l
C. Modification of Agreement. No modification of this Agreement shall be
deemed effective unless in writing and signed by the parties hereto. Any waiver granted shall not be
�,.. deemed effective except for the instance and in the circumstances particularly specified therein.
d. Entire Agreement. This Agreement constitutes the entire agreement, whether
written or oral, between the parties regarding the subject matter of this Agreement. Any
understanding, term, or condition between the parties regarding the subject matter hereof not set
forth herein shall be deemed to be superseded hereby.
e. Assignment. This Agreement may not be assigned by either party without the
prior written consent of the other party, which consent may be withheld for any reason or for no
reason. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the
heirs, personal representatives, successors and assigns of the respective parties hereto.
f. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Arizona.
g. Descriptive Headings. The descriptive headings of the paragraphs of this
Agreement are inserted for convenience only and shall not control or affect the meaning or
construction of any provisions hereof.
h. Attorneys' Fees. In the event it becomes necessary for either party to employ
legal counsel to bring an action at law or other proceeding to enforce any of the terms, covenants or
provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled
to recover its costs and expenses incurred in such action from the other party including, without
limitation, the cost of reasonable attorneys fees.
i. Construction of Agreement. This Agreement has been arrived at by
negotiation and shall not be construed against either party to it or against the party who prepared the
last draft.
j. Office Hours. The Law Firm shall hold office hours at a location in the
Town's administrative building at least six hours per week.
k. Insurance Requirements. The Law Firm shall maintain during the entire term
of this Agreement professional errors and omissions insurance in an amount not less that $1 Million
per occurrence/$I Million aggregate. The Law Firm shall provide the Town a certificate evidencing
such insurance coverage not later than 30 days after execution of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
ajmUL gal Semes Agt-FH04.d-
5-28-04-1 4
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and
year first written above.
"Law Firm"
JORDEN BISCHOFF MCGUIRE ROSE
& HISER, P.L.C., an Arizona professional
limited liability company
By: Andrew J. McGuire, P.C., an Arizona
professional corporation, Member
By:
Andrew J. cGuire, President
ajm\Legal Sevices Agt-FH04.doc C
5-28-04-1 5
"Town"
TOWN OF FOUNTAIN HILLS, an
Arizona municipal corporation
By: V "
W. J. N chols,
ATTEST:
r
r �t
Bevelyn J. Be der, f own Clerk
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Administration
Consent:❑ Regular:®
Meeting Date: 6/3/04
Contact Person: Pickering
Requesting Action:®
Tvne of Document Needing ADDroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Budget
Council Prioritv (Check ADDrouriate 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 Resolution 2004-26, adopting the Tentative Budget
as the 2004-05 fiscal year budget for the Town of Fountain Hills. CONSIDERATION OF Resolution 2004-26,
adopting the Tentative Budget as the 2004-05 fiscal year budget for the Town of Fountain Hills.
Staff Recommendation: Approve Fiscal Impact: Yes $29,176,606
Purpose of Item and Background Information: The tentative budget was discussed at the May 20, 2004,
council meeting. At that time, staff was directed to make further budget adjustments. This is the second public
hearing on the annual budget. Council will discuss and consider approval of the tentative budget. Attached you
will find the appropriate budget pages that were revised to reflect the adjustments made pursuant to the May 2(P'"
meeting. Please note that once the tentative budget is approved, revised budgets reflecting the overall changes
and grand totals will be distributed.
List All Attachments as Follows: Resolution 2004-26, Memorandum from Town Manager
Type(s) of Presentation: verbal
Signatures of Submitting Staff:
Department Head
Town Manager / Designee
e:\agenda cover sheet\tentative budget 6304.doc
Budget Review
(if item not budgeted or exceeds budget amount)
RESOLUTION NO.2004-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, ADOPTING THE TENTATIVE BUDGET AS THE 2004-2005
FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
WHEREAS, in accordance with the provisions of ARIZ. REV. STAT. § 42-17101, et seq.,
the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to estimate
(i) the different amounts required to meet the public expenditures/expenses for the ensuing year,
(ii) the revenues from sources other than direct taxation and (111) the amount to be raised by
taxation upon real and personal property of the Town of Fountain Hills (the "Town"); and
WHEREAS, following due public notice and publication, the Council met on May 21,
2004, and June 3, 2004, at which meetings any taxpayer was privileged to appear and be heard in
favor of or against any of the proposed expenditures/expenses or tax levies; and
WHEREAS, it appears that the sums to be raised by taxation do not, in the aggregate,
exceed the limits in ARiz. REV. STAT. § 42-17051(A).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the statements and schedules attached hereto as Exhibit A and
incorporated herein by reference are hereby adopted as the official tentative budget for the Town
for the fiscal year beginning July 1, 2004 and ending June 30, 2005, including the establishment
of the expenditure limitation for such fiscal year in the amount of $29,176,606.
SECTION 2. That, upon approval of the Town Council, such official tentative budget
shall be published in the official Town newspaper once a week for two consecutive weeks.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
June 3, 2003.
FOR THE TOWN OF FOUNTAIN HILLS: ATTEST:
W.J. Nichols, Mayor
REVIEWED BY:
Timothy G. Pickering, Town Manager
9196.001\..\2004-26 Tentative Budget.res.doc
5-27-04-1
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
Office of Town Manager
INTER OFFICE MEMO
TO: The Honorable Mayor Nichols and
DT: May 25, 2004
Council
�J
FR: Tim Pickering, Town Manager
RE: FY 2004-2005 Budget follow-up
Per the Council's request, please find additional information regarding the proposed FY 2004-
2005 budget.
BUDGET ADJUSTMENTS
As directed by the Council, the FY04-05 proposed budget has been revised to reflect the increase
to run the fountain for fifteen minutes instead of ten ($35,000), additional tourism funding
($25,000), and adding a few more youth and teen recreational programs ($5,000). Furthermore, I
have eliminated the public information officer position (-$63,500) due to the lack of Council
support and reduced the strategic plan funding (-$60,000). If the Council would like us to
proceed with a strategic plan we could try to accomplish this by utilizing citizen volunteers and
having the Assistant Town Manager coordinate the effort. Some monies remain for a scientific
survey. This plan actually reduces our headcount by one position from 76 authorized positions
to 75.
PERSONNEL
Regarding the Assistant Town Manager position, I have listened to what the Council said
regarding expanding the role somewhat to oversee some public information improvements. With
the help of existing employees, this could be accomplished during the upcoming year. A
complete communications plan would still require a full time person but the staff will monitor
the situation and perhaps propose the public information position next year. For informational
purposes, the similarly sized cities of Avondale, Sierra Vista, Prescott, Apache Junction,
Surprise, and Goodyear all have this position. This position would not increase the Town's
management ratio, as the position is that of a project manager rather than a manager of people. It
would be a multi -task position that would fill in the gaps of writing grants, handling legislative
affairs, staffing the public safety commission, coordinating strategic plan, coordinating
emergency disaster preparedness, overseeing public information programs and filling in for key
personnel in their absences.
Should you have any questions, please do not hesitate to contact me.
C: Julie Ghetti, Accounting Supervisor
Tpickering/tgp/my documents/budgetfollow-up.doc/6/12/03
Town of Fountain Hills
General Fund Revenues and Expenditures Summary
REVENUES
3010
State Sales Tax
3015
Fire Insurance Premium Tax
3020
State Income Tax
3030
Vehicle License Tax
3205
Local Sales Tax
3210
Business License Fees
3220
Building Permits
3225
Animal License Fees
3230
Court Fines & Fees
3240
Rezonmg/Variance/Special Use
3242
Improvement Plan Review Fee
3244
Encroachment Permit Fees
3250
Subdivision Fees
3260
Franchise Fees
3270
Parks & Recreation User Fees
3280
Rental
3282
Bar Sales/Conunission
3285
Cellular Lease Payment
3290
Interest/Investment Income
3295
Donations
3299
Miscellaneous
I rV1AEI.UKAruN1 KLVruNUE I
Court
FY 2001-2002
Actual
arr,vaO'pAO
2002-2003
Actual
FY 2003-2004
Budget
FY 2003-2005
Estimate
FY 2004-2005
Budget
1 1,747,300
1 88,000
1,862,500
824,900
7.249,767
95,540
1,197,500
34,500
234,250
15,850
15,000
50,000
15,000
150,000
174,620
179,300
55,700
63,000
100,000
0
50,000
$14,202,727
60,010
4,263.377
166,231
494,930
1,193,235
398.480
522,610
767.095
511,497
1,796,670
2.491.751
334,970
50,000
$940,752
1,582,535
1,575,000
1,500,000
207,244
88,000
1 1 88,000
2,153,635
1,826,315
1 1,825,000
797,344
760,822
790,000
5,051,871
6.459,293
6,560.000
99,004
95,210
95,210
1,007,036
769.250
1.000,000
25335
327455
25,000
195,091
212,000
200,600
32,560
15,300
20,000
37,545
15,750
15,750
107,267
41,000385,'000
28 378
15,200
152,542
150,000
146,734
188,750
132,003
195,000
61,027
46,000
56,741
63,000
(54.422)
85,000
10,000
01
1 0
79,706
50,000 11
100,000
$11,977,942
$12,678,885
$12,913,966
66,272
85,3601
86,055
3,062,123
3.329,771
2,648,011
119,130
178,169
136,000
379,879
587,900
552,412
942.589
1,082,560
998,831
272,798
252,000
227,720
620,751
543,070
503,801
719,690
1,205,840
695,094
570,926
469,994
436.142
2.440,402
1,743.538
1,699,514
2,324,935
2,335,830
2,337,130
278,915
299.870
293,798
1,138,353
50,000
47,500
$910,250
TOTAL EXPENDITURES $15,062,061 $11,6N,585 $121163tftl $11,572" $13,98108
EXCESS OF REVENUES OVER/
(UNDER) EXPENDITURES (973,735)Ll ^ 297,357 Li ., 514,M Lj _ 1,341,717 Ll _ 221,119
mg -mg ur rear 3'4,/1u'uou ,3,736,SZ5 $1,3801677 $4,033,681 1 $5,1175,399
Balance $3,736,325 $4,033,651 $3,895,660 $5,375.399 $5,5%,518
Fiscal Year 2004-2005 Budget
-25-
Town of Fountain Hills
TION
SALARIES & BENEFITS:
Wages
FICA
Unemployment Insurance
Employee's Health Insurance
Employee's Life Insurance
Employee's Dental Insurance
Employee's Eye Insurance
Worker's Compensation Insurance
Employee's Retirement Fund
Recruitment Costs
Disability Insurance
AL
Public Transit /RPTA
Civil Defense
Boys & Girls Club
Senior Center Services
Community Benelits/I'heater
Sales Tax Rebates
REPAIRS & MAINTENANCE:
Vehicle Maintenance
Building Repairs & Maintenance
Office Equipment Repairs
MIAL
SUPPLIES & SER`
Advertising
Conferences
Education/Training
Dues & Publications
Dues - GPEC
Electricity
Gas & Oil
Liability Insurance
Office Supplies
Postage
Printing
Rent Expense
L EXPEN
FY 2001-2002
Actual
FY 2002-2003
Actual
FY 2003-2004
Budget
FY 2003-2004
Estimate
I
FY 2004-2005
Budget
837.400
26,500
1,300
64,600
2.400
8.400
0
8,800
80,600
15,000
3,500
$1,048,5W
653.995
1 757,212
673,300
546,203
13,959
16,267
15,100
11.432
968
733
1,000
1,000
53,969
59,384
57,800
36,917
634
587
700
1,360
6,607
6,668
7,100
5,355
1,404
669
0
0
4,906
5,696
6,400
4,378
66,760
77,558
66,000
56,S11
25,850
13,446
0
0
2,204
21 ,78
2,900
1,900
$831.2%
^ $940,399
- $&30.300
$665,0%
13,443
91,407
491,675
0
1.415
100,000
34,500
80,000
0
$8&7*%
1 11,665
1 45,436
446,474
11,436
1,502
20,000
10,000
0
77,824
$630,622
22,500
1 50,000
296,200
56,250
1,800
130,000
40,000
15,000
798,460
$1,410,210
11,800
50,000
340,000
22,150
1,530
130,000
40,000
15,000
350,OOOT
$9W,4W
17,500
97,920
330,700
61,750
1,850
150,000
55,000
40,000
837,650
$1,592,370
507
1,406
2,000
750
2,500
83,812
74990
54,522
50,000
57,700
15,848
12,601
15,000
10,000
10,900
$100,168
$86 m
Lj
$71,522
$60.750:
$71,000
12,236
5,638
13,050
8,000
14,500
11,972
4,482
7,975
7,975
12,250
2,343
1,362
14,450
12,000
22,300
29,026
20,223
33,400
19,000
39,365
0
0
8,300
7,900
8,300
131,488
139,648
139,932
160,000
138,350
1,117
2,280
1 2,850
2,850
5,700
183,128
421,811
250,000
295,000
318,610
36,061
22,585
15,000
12,000
15,700
16,682
16,951
17,200
17,200
25.600
2,358
3,659
4,500
4,500
4,950
323,648
371,178
482,920
390,000
895,570
0
0
0
0
20,000
18,892
22,861
24,662
20,000
24,362
3,517
3,449
2,000
1,800
2,100
1,028
1,635
0
500
500
1,474
1,828 1
1 1.500
3,000
3,350
$774,968
$1,039,530
$1,017,739
$961,725
$1,551,507
-
-
$2,743,185
$2,697,547
$3,329,771
$2,648,011
$4,263,377
Fiscal Year 2004-2005 Budget
-56-
Town of Fountain Hills
AID! PARK
FY 2001-2002 _ FY 2002-2003 FY 2003-2004 FY 2003.2004 FY 2004-2005
Actual Actual Budget Estimate Budget
IES & BENEFITS: I P 7
5200
Wages
40,945
37.981
40.800
38,211
5201
FICA
552
495
610
522
5202
Unemployment Insurance
46
39
50
50
5203
Employee's Health Insurance
6,002
7.011
7,820
7,250
5204
Employee's Life Insurance
53
53
60
117
5205
Employee's Dental Insurance
632
883
950
934
5206
Employee's Eye Insurance
135
64
0
0
5207
Worker's Compensation Insurance
829
1,025
1,390
1,040
5208
Employee's Retirement Fund
4,504
4,801
4,490
F 4,203
5211
Disability Insurance
151
143
200
i 167
nq
Consultant Fees
TOTAL
REPAIRS & MAINTENANCE:
6400
Vehicle Maintenance/Repair
6403
Equipment Rental
6404
Building Repairs/Maintenance
6405
Equipment Repair
6410
Field and Park Maintenance
6415
Mowing/Landscape Maintenance
SUPPLIES & SERVICES:
Advertising
Conferences
Education/rraining
Dues & Publications
EXPENDITURES
lav - 6rmmv-te
42,600
630
50
8,490
130
980
0
1,450
4,690
200
$531849 S52,495 $56,310 $52A% Li $59,2M
01 011 12,800 1 7,OOOT 6,000
Lj
Ll
$0 $0 $1200 S7,000 $6,000
910
1 357
1 2,000
1 ,100
1,200
96
199
950
500
500
5,670
3,026
5,000
7,500
6,000
1,648
1 25,199
12,000
17.500
12,000
62,350
38,928
43500
30,000
49.950
110,446
67,439
70,000
55,000
67,000
ilSi,119
$135,149
$133,250
5111,600
5136,650
978
0
1,000
400
500
125
75
240
0
240
100
80
780
600
600
120
145
100
100
100
87,155
74,365
59,900
68.000
104,000
1,800
1,286
1,500
1.400
1,700
500
303
200
1 100
200
659
1,058
11000
500
500
0
195
300
300
300
498
500
500
550
600
7,375
7,416
9,200
8,300
8,700
5
0
0
0
0
1,130
788
1,000
850
900
$100,445
$86,211
$75,720
$81,100
$118.340
0 15,000 510.000 45.000 0
$0 515,000 $510,000 $45,000 $0
❑ ❑ ❑ ❑
$335,414 $288,855 $798,140 $297,194 $320,210
Fiscal Year 2004-2005 Budget
- 102 -
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Administration
Meeting Date: 6/3/04
Contact Person: Pickering
Consent:❑ Regular:® Requesting Action:®
Tvve of Document Needing Aunroval (Check all that a
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Budget
Council Prioritv (Check ADDroDriate 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 Resolution 2004-26, adopting the Tentative Budget
as the 2004-05 fiscal year budget for the Town of Fountain Hills. CONSIDERATION OF Resolution 2004-26,
adopting the Tentative Budget as the 2004-05 fiscal year budget for the Town of Fountain Hills.
Staff Recommendation: Approve Fiscal Impact: Yes $29,176,606
Purpose of Item and Background Information: The tentative budget was discussed at the May 20, 2004,
council meeting. At that time, staff was directed to make further budget adjustments. This is the second public
hearing on the annual budget. Council will discuss and consider approval of the tentative budget. Attached you
will find the appropriate budget pages that were revised to reflect the adjustments made pursuant to the May 201'
meeting. Please note that once the tentative budget is approved, revised budgets reflecting the overall changes
and grand totals will be distributed.
List All Attachments as Follows: Resolution 2004-26, Memorandum from Town Manager
Type(s) of Presentation: verbal
Signatures of Submitting Staff:
Department Head
Town Manager / Designee
eAagenda cover sheet\tentative budget 6304.doc
Budget Review
(if item not budgeted or exceeds budget amount)
RESOLUTION NO.2004-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, ADOPTING THE TENTATIVE BUDGET AS THE 2004-2005
FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
WHEREAS, in accordance with the provisions of ARIZ. REV. STAT. § 42-17101, et seq.,
the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to estimate
(i) the different amounts required to meet the public expenditures/expenses for the ensuing year,
(ii) the revenues from sources other than direct taxation and (iii) the amount to be raised by
taxation upon real and personal property of the Town of Fountain Hills (the "Town"); and
WHEREAS, following due public notice and publication, the Council met on May 21,
2004, and June 3, 2004, at which meetings any taxpayer was privileged to appear and be heard in
favor of or against any of the proposed expenditures/expenses or tax levies; and
WHEREAS, it appears that the sums to be raised by taxation do not, in the aggregate,
exceed the limits in ARiz. REV. STAT. § 42-17051(A).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the statements and schedules attached hereto as Exhibit A and
incorporated herein by reference are hereby adopted as the official tentative budget for the Town
for the fiscal year beginning July 1, 2004 and ending June 30, 2005, including the establishment
of the expenditure limitation for such fiscal year in the amount of $29,176,606.
SECTION 2. That, upon approval of the Town Council, such official tentative budget
shall be published in the official Town newspaper once a week for two consecutive weeks.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
June 3, 2003.
FOR TH TOW OF FOUNTAIN HILLS: ATTEST:
W.J. Ni ols, M or Bevelyn J. Beider,itown Clerk
REVI � BY: �.
y G. Pickering, T
9196.001\..\2004-26 Tentative Budget.res.doc
5-27-04-1
APP VED AS TO FORM:
e
ager An r w J. Mc uire, o Attorney
TOWN OF FOUNTAIN HILLS
Office of Town Manager
INTER OFFICE MEMO
TO: The Honorable Mayor Nichols and
DT: May 25, 2004
Council
FR: Tim Pickering, Town Manager
RE: FY 2004-2005 Budget follow-up
Per the Council's request, please find additional information regarding the proposed FY 2004-
2005 budget.
BUDGET ADJUSTMENTS
As directed by the Council, the FY04-05 proposed budget has been revised to reflect the increase
to run the fountain for fifteen minutes instead of ten ($35,000), additional tourism funding
($25,000), and adding a few more youth and teen recreational programs ($5,000). Furthermore, I
have eliminated the public information officer position (-$63,500) due to the lack of Council
support and reduced the strategic plan funding (-$60,000). If the Council would like us to
proceed with a strategic plan we could try to accomplish this by utilizing citizen volunteers and
having the Assistant Town Manager coordinate the effort. Some monies remain for a scientific
survey. This plan actually reduces our headcount by one position from 76 authorized positions
to 75.
PERSONNEL
Regarding the Assistant Town Manager position, I have listened to what the Council said
regarding expanding the role somewhat to oversee some public information improvements. With
the help of existing employees, this could be accomplished during the upcoming year. A
complete communications plan would still require a full time person but the staff will monitor
the situation and perhaps propose the public information position next year. For informational
purposes, the similarly sized cities of Avondale, Sierra Vista, Prescott, Apache Junction,
Surprise, and Goodyear all have this position. This position would not increase the Town's
management ratio, as the position is that of a project manager rather than a manager of people. It
would be a multi -task position that would fill in the gaps of writing grants, handling legislative
affairs, staffing the public safety commission, coordinating strategic plan, coordinating
emergency disaster preparedness, overseeing public information programs and filling in for key
personnel in their absences.
Should you have any questions, please do not hesitate to contact me.
C: Julie Ghetti, Accounting Supervisor
Tpickering/tgp/my documents/budgetfollow-up.doc/6/12/03
Town of Fountain Hills
[A
[J
General Fund Revenues and Expenditures Summary
REVENUES
FY 2001-2002 FY 2002-2003 FY 2003 2004 FY 2003-2004 FY 2004-2005
Actual Actual Budget Estimate Budget
r,
3010
State Sales Tax
1,559,318
1,582,535
1,575,000
1,500,000
1,747,300
3015
Fire Insurance Premium Tax
0
1 207,244
88,000
88,000
88,000
3020
State Income Tax
2,110,536
2,153,635
1,826,315
1,825,0 00
1,962,500
3030
Vehicle License Tax
667,570
797,344
760,822
790,000
824,900
3205
Local Sales Tax
4,355,701
5,051,871
6,459,293
6,560,000
7,249,767
3210
Business License Fees
87,394
99,004
95,210
95,210
95,540
3220
Building Permits
997,239
1,007,036
769,250
1,000,000
1,197,500
3225
Animal License Fees
24,779
25,335
32,495
25,000
34,500
3230
Court Fines & Fees
256,774
195,091
212,000
200,600
234,250
3240
Rezoring/Variance/Special Use
27,327
32,560
15,300
20,000
15,850
3242
Improvement Plan Review Fee
29,040
37,545
15,750
15,750
15,000
3244 JEncroachrnent
Permit Fees
185,431
107,267
41,000
25,000
50,000
3250 1
Subdivision Fees
36,854
28,378
15,200
17,000
15,000
3260 JFranchise
Fees
130,694
152,542
150,000
150,000
150,000
3270
Parks & Recreation User Fees
175,376
146,734
188,750
162,150
174,620
3280
Rental
71,057
132,003
195,000
142,483
179,300
3282
BarSales/Con mission
41,291
61,027
40,000
49,773
55,700
3285
Cellular Lease Payment
36,556
56,741
63,000
63,000
63,000
3290
Interest/InvestmentIncome
188,681
(54,422)
85,000
85,000
100,000
3295
Donations
12,760
10,000
0
0
0
3299
Miscellaneous
1,729,801
79,706
50,000
100,000
50,000
TOTAL CURRENT REVENUE
414,p8$,326
$11,977,942
$12,678,053
$12,913,966
$14,202,727
020
Mayor and Town Council
102,491
66,272
85,360
86,055
60,010
050
Administration
2,930,827
3,062,123
3,329,771
2,648,011
4,263,377
050
Information Technology
213,318
119,130
178,169K
6,000
166,231
060
Building Safety
524,116
379,879
587,9002,412
494,930
061
Public Works
1,181,919
942,589
1,082,5608,831
1,193,235
080
Planning and Zoning
347,581
272,798
252,0007,720
398,490
081
Recreation
740,576
620,751
543,0703,801
522,610
081
Parks
812,452
719,690
1,205,8405,084
767,095
095
Community Center
1,023,873
570,926
469,9946,142
511,497
090
Law Enforcement
2,607,125
2,440,402
1,743,5389,514
1,796,670
092
Fire Department
1,819,291
2,324,935
2,335,8307,130
2,491,751
040
Municipal Court
337,469
278,915
299,8703,798
334,970
999
Non Departmental
1,346,023
1,138,353
50,0007,500
50,000
9090
Previously Approved Capital Projects
0,250
$940,752
TOTAL EXPENDITURES
$15,062,061"
$11,680.585
$12,163,902
$11,572 249 $13,981,608
EXCESS OF REVENUES OVER/
(UNDER) EXPENDITURES
(973,735) 297,357 514,983 1,341,717 221,119
0
Fund Balance Beginning of Year
Ending Fund Balance
$4,710,060 $3,736,325 $3,380,677 $41033,681� $5,375,399
$3,736,325 $4,033,681 $3,895,660 $5,375,399 $5,596,518
Fiscal Year 2004-2005 Budget
-25-
Town of Fountain Hills
e
r�
TION
SALARIES & BENEFITS:
Wages
FICA
Unemployment Insurance Employee's Health Insu r e
Employee's life Insurance
Employee's Dental Insurance
Employee's Eye Insurance
Workers Compensation Insurance
Employee's Retirement Fund
Recruitment Costs
Disability Insurance
CONTRACT SERVICES
Accounting Fees
ProfessionaUOutside Services
Legal Fees
Public Transit /RPTA
Civil Defense
Boys & Girls Club
Senior Center Services
Community Benefits/Theater
Sales Tax Rebates
& MAINTENANCE:
antenance
:Dairs & Maintenance
& Publicatiot
- GPEC
tricity
& Oil
ilitv Insurance
Expense
EXPENDITURES
FY 2001-2002
Actual
J
FY 2002-2003
Actual
FY 2003-2004
Budget
U
FY 2003-2004
Estimate
u
FY 2004-2005
Budget
837,400
26,500
1,300
64,600
2,400
8,400
0
8,800
80,600
15,000
3,500
$1,048,500
653,995
757,212
673,300
546,203
13,959
16,267
15,100
11,432
968
733
1,000
1,000
53,969
59,384
57,800
36,917
634
587
700
1,360
6,607
6,668
7,100
5,355
1,404
669
0
0
4,906
5,696
6,400
4,378
66,760
77,558
66,000
56,511
25,850
13,446
0
0
2,204
2,178
2,900
1,900
$831,256
$940,398
$830,300
$665,056
11,800 17,500
50,000 97,920
340,000 330,700
22,150 61,750
1,530 1,850
130,000 150,000
40,000 55,000
15,000 40,000
350,000 837,650
$960,480 $1,592„ 70
750 2,500
50,000 = 57,700
10,000 10,800
$60,750 $71,000
13,443
11,665
22,500
91,407
45,436
50,000
491,675
446,474
296,200
0
11,436
56,250
1,415
1,502
1,800
100,000
20,000
136,000
34,500
10,000
40,000
80,000
0
15,000
0
77,824
$630,622
798,460
$887,656
$1,410,210
507
1,406
21000
83,812
72,990
54,522
15,848
12,601
15,000
,
--
JOW
14,500
12,250
22,300
39,365
8,300
138,350
5,700
318,610
15,700
25,600
4,950
395,570
20,000
24.362
2.100
500
3.350
$1,551,507
L
$4,263,377
12,236
5,638
13,050
8,000
11,972
4,482
7,975
7,975
2,343
1,362
14,450
12,000
29,026
20,223
33,400
19,000
0
0
8,300
7,900
131,488
139,648
139,932
160,000
1,117
2,290
2,850
2,850
183,128
421,811
250,000
295,000
.36,061
22,585
15,000
12,000
16,682
16,951
17,200
17,200
2,358
3,659
4,500
4,500
323,648
371,178
482,920
390,000
0
0
0
0
18,892
22,801
24,662
20,000
3,517
3,449
2,000
1,800
1,028
1,635
0
500
1.474
1.828
$1,039,530
$2,697,547
1,500
3,000
$774,968
$2,743,185
$1,017,739
_
$3,329,771
$961,725
$2,648.011
Fiscal Year 2004-2005 Budget
-56-
Town of Fountain Hills
PARK
SALARIES & BENEFITS:
5200
Wages
5201
FICA
5202
Unemployment Insurance
5203
Employee's Health Insurance
5204
Employee's Life Insurance
5205
Employee's Dental Insurance
5206
Employee's Eye Insurance
5207
Worker's Compensation Insurance
5208
Employee's Retirement Fund
5211
Disability Insurance
FY 2001-2002
Actual
LJ
FY 2002-2003
Actual
LJ
FY 2003-2004
Budget
J
FY 2003-2004
Estimate
L
FY 2004-2005
Budget
42,600
630
50
8,490
130
980
0
1,450
4,690
200
40,945
37,981
40,800
38,211
552
495
610
522
46
39
50
50
6,002
7,011
7,820
7,250
53
53
60
117
632
883
950
934
135
64
0
0
829
1,025
1,390
1,040
4,504
4,801
4,490
4,203
151
143
200
167
TOTAL $53,849 $52,495 $56,370 $52,494 $59,220
CONTRACT SERVICES:
5902
Consultant Fees
TOTAL
REPAIRS & MAINTENANCE:
6400
Vehicle Maintenance/Repair
6403
Equipment Rental
6404
Building Repairs/Maintenance
6405
Equipment Repair
6410
Field and Park Maintenance
6415
Mowingd -andscape Maintenance
TOTAL
SUPPLIES & SERVICES:
6501
Advertising
6505
Conferences
6507
Educationrrraining
6508
1 Dues & Publications
6511
Electricity
6514
Gas and Oil
6520
Office Supplies
6525
Tools, Shop Supplies
6531
Printing
6537
Communications Expense
6546
Water
6548
ITravel
6549
1 Uniforms
TOTAL
EXPENDITURES
I.., _ tmnrr.vP tw
EXPENDITURES
011 0
7,000 6,000
$7,000 $6,000
910
357
2,000
1,100 1,200
500 500
7,500 6,000
17,500 12,000
30,000 49,950
55,000 67,000
$111,600 $136,650
96
199
950
5,670
3,026
5,000
1,648
25,199
12,000
62,350
38,928
43,300
110,446
67,439
70,000
$135,149
$133,250
978
0
1,000
1 400
500
240
600
100
104,000
1,700
200
500
300
600
8,700
0
900
$118,340
0
$0
$320,210
125
75
240
0
100
80
780
600
120
145
100
100
87,155
74,365
59,900
68,000
1,800
1,286
1,500
1,400
500
303
200
100
659
1,058
1000
500
0
195
300
1 300
498
500
500
550
7,375
7,416
9,200
8,300
5
0
0
0
1,130
788
1,000
850
$100,445 $86,211 $75,720 $81,100
U "0" 510,000 45,000
$0 $15,000 $510,000 $45,000
$335,414 $288,855 $788,140 $297,194
Fiscal Year 2004-2005 Budget
-102-
Town of Fountain Hills
SALARIES & BENEFITS:
5200
Wages
5201
FICA
5202
Unemployment Insurance
5203
Employee's Health Insurance
5204
Employee's Life Insurance
5205
1 Employee's Dental Insurance
5206
Employee's Eye Insurance
5207
Worker's Compensation Insurance
5208
Employee's Retirement Fund
5209
Recruitment Costs
5211
Disability Insurance
rtI 11e
CONTRACT SERVICES
5932
Special Programs
5933
Youth and Teen Programs
5935
Sports Activities
5936
Constituent Communications
5946
McDowell Mtn Preservation
TOTAL
REPAIRS & MAINTENANCE:
6400
Vehicle Maintenance & Repair
6405
Office Equipment Maintenance
t�
SUPPLIES & SERVICES:
6501
Advertising
6505
Conferences
6507
Education/Training
6508
Dues & Publications
6514
Gas & Oil
6520 1
Office Supplies
6531
Printing
6537
Communications
6548
Travel
6549
Uniforms
6560
Bank Charges
EXPENDITURES
•
FY 2001-2002
Actual
FY 2002-2003
Actual
FY 2003.2004
Budget
J
FY 2003-2004
Estimate
L
FY 2004-2005
Budget
309,200
10,100'
800'.
27,200
600
2,900
0
3,260
24,100
0
1,100
$379,260
391,524
360,493
307,800
$299,914
12,412
10,629
10,400
$8,681
971
600
800
$800
26,945
30,487
23,300
$22,563
326
321
300
$611
2,992
3,036
1 2,400
$2,734
644
349
0
$0
3,053
3,372
3,220
$2,622
30,342
29,871
23,400
$28,763
12,683
0
0
$0
1,104
1,189
1,000
$963
$482,995
$440,348
$372,620
$367,651
69,551
1 39,686
1 39,150
11,100
51,100
40,200
1,000
$142,550
500
3,450
$2,950
1,500
1,700
3,200
1,400
1,500
7,000
2,500
1 26,500
6,300
45,000
31,000
1,000
$109,8W
250
1,700
$1,950
1,500
1,700
2,250
1,400
750
7,000
2,000
32,995
18,950
48,690
23.000
1,000
$124,635
250
1,800
$2,050
3,300
2,400
2,900
1,200
1,500
7,000
2,000
43,459
22,267
55,354
42,559
49,521
37,104
3,564
572
$22IA"
$142,189
475
891
3.362
1,975
$2,837
$2,866
1,885
811
8,842
1,115
1,729
629
1,859
1,460
1,094
740
7,042
5,223
3,138
1 2,933
3,549
2,779
2,500
2,700
2,900
3,095
3,421
89
$35,742
$743,022
123
2,140
ill
$18,063
c
$621,323
500
3,000
150
$24,950
c
$543,070
500
3,000
1,600
$Z4,400
c
$503,801
500
3,000
2,100
$28,800
c
$534,745
Fiscal Year 2004-2005 Budget
-93-