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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 E:\AGENDAS\Regular Session 6-03-04.doc Page 1 of 3 Last printed 6/2/2004 1:05 PM 1� 1� ValleyCrest Landscapc Maintenance To: *-6& Ile � Uw/I 04 r��,c�a�g ll,j/S From: Fax #: y�Q 0 J� �' `, ysa Re Date: Pages: 5 FAX I,< ( f 1�ellc-e/ C, p VI j r!� t t r� ✓� 4 t,JcZ / (including cover) A" - F-L .��j - Id �,ne dt �(ooaJ �76- 5400 A I as W I 1 0', 2902 L. I111m St. • Phoenix, AZ 8,5O4O - tel: 602,276.5900 -fax.- 6O2.276.5191 www.vallcvcresLcom 86V-d [00/100 d ZE6-1 161892ZZ09+ sourualuirw edrospuel 1sea0.A9IITA-woad WEEl:90 VOOZ-IZ-ArH MAY-04-2004 08:53 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: kerin7LvLaii"r,%,r 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 •N""""'"� PUBLIC WORKS DEPARTMENT 0 0s SCALE OF MILES ■ 0-w0-uw I UK - IRRIGATED NATIVE VEGETATION TOWN OWNED FACILITY FIRE DEPTS. 1 AND 2 Mc00WELL NOUNLUN W — l' s I pw J E�St1't I - g:�fi�; , I I 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 oc `P tttew N 1 r G 5 ( G P,! � �i--lx ey, LEGAL DESCRIPTION AfU)� (/� 73A/ Xc 6 E (� Plat Name Block Lot PROPERTY ADDRES PARCEL SIZE (Acres) V/A :—�.'� I�- 3 NUMBER OF UNITS PROPOSED -;2C ASSESSOR PARCEL NUMBER �Jl�A TRACTS , A / A EXISTING ZONING: /C�/ PROPOSED ZONING 4 c, Application Page 3 of 7 Case Number P WIIIYf�^,a lni6�tltR-Ct °K M .In A If 11 t6 N4� �:a I 4€, A ]a 8 os= 8on :og°�£x3�po gaa=e<- ga Aso= ��FgR:t�89e g ge3A �Q�ae45gEl e'er ° a4R € EaF Eel, fg $ SyRRARRz 1n; � i�6 4^L� N33> k, 1 3 = �g Alit _ AN AN AjAA OWN` 91 Ya a p�,-IMP - F %>i ago F4 yamSp■�^z ry'a� W s a";' ■�$&a ^fig = R4gBR S IRRRZiq n # Kv l J 0 d ➢ W N zO O - ',sJ s Q p 0 Q a r+ t Y �5 �O `z N O �7 y � D �•1 �A N W a5 r^7 'V IS 0.) C/) U �vxg sq ;JAI 945q1zgjFj 1 4 V RIN R ip ..= G�� o8Y 5�a�� 5 1 :gm Aig ig N 71 i $ g 4 Yp6w�c.Ur aF` s i g EXX % •p g 7 62Rx C S s is HALLCRAFT HOMES MONTGOMERY F ENGINEERING 6 MANAGEMENT, LLC. 16716 E. PARKVIEW AVL. SJ,TE 204 1 y FOUNTAIN HILLS, ARIZONA 85268 1480) 837-1845 pax (480) 837-8668 °P ARH 10-27-2003 COLONY WASH VISTA DRM „ 1059 .AS NOTED ? WO-ux:E�DD�vs��t+AN.DA "+.Iw A 1l.N Dr AJx • ap A T1 " � � MffWGDMERY I/ ENG1N " NG & MANAGEMENT, L.L.C. ! 1671 PARKVILW AVE. SUITE 204 3 11 FOUNTAIN HILLS, ARIZONA 85268 (180)837-1815 fax (480) 837-6668 HALLCRAFT HOMES i- KSM/ARN e,n 10-23-03 COLONY WASH VISTA .. eRM .e 1059 AS NOTED x�C r1AA� (1 p'�,/F .- # Kr G \P►AC(1C0.pIfE�l-42ht] e.: Ih, y., =p R 31. H 3lW ru \ -au C r a i � 's HALLCRAFT HOMES Djl o COLONY WASH VISTA ®OC�OOOO�b�00000000000 fo F i X / I3- M❑NTGOMERY ENGINEERING & MANAGEMENT, L.L.C. 16716 E. PA.RKVIEW AVE. SUITE 204 AS VOTED FOUNTAIN HILLS, ARIZONA 85268 __ "Sol, 837-1845 , (493) 837-8668 ¢ loo-wrt;�una•.n�-zs-ox.e•c Iw ,., :s 1, 09 le xaa. c1 W • ,%NW 11 D ➢ TV gi ENRr .CE StNRS CE _ 19.00 UV* c5/GIS . COV $ EC( Iw 18 32.33' yy. C/PL5 C GARAGE p n3S 5p C%PL5 WE OE/C14 ' CMAGE f4.00 l a' 5 * .. O ].lC _ e Z�. N u 0 UNIT P/G15 • GARAGE p a o 8g v 26i 20.00' zu w 3 a a C C w I Q WT C9/GIs• GMACL _ S s.SP - 8 2 ' r T � u M $ t 1r a 'aeY Rely, w oo• Ic lr - 2.9Y i N t9a' lMi G9/Gf7 • > _ u 107 a 14.53 I Is' 2. &!' GAME k 2.8!' S00 w 19.00' _ ov �350 $ 8 c = z b$ + r lM'T cl0/cle • GRAp a Y o a `. B /PL5 V v E 20.00 o ; $ /PL5 w.00' tiz � r my a1/C19 • 14W o _ Fg �.i cf - GARAGE - - 7. fb 'a. 19.a - 27. Y n R' _ IMr G12/020 • GARAGE _ - .3 �' FN RY SVF9 �D n. v' COY. $ LCF I� R! 199 a' 8 Ei $ ➢ &00 c2 &00 UJI p' �LAFLI- 8 GOY ENa $ COY 81 MITI, it B/PL5 I B B/PL5 1 32.JJ' 27.3Y A JUT' w.a' �YdRo C -� $� - 25Oc 14.00 11.00 C_ Aa a a � v 2ssN7 : o is. 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DRM CCLONY WASH VISTA �,� ,._, ,,��,,�_ �'•r „�,,,a 1 g p.c NOTED _ 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: Ue- z�, x cz O w w M O C y 0\0 � O C� A U "d � U C� v�] W � O � U Cd m 0 Est go a `fat is A� 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-