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Home My WebLink About130307P-revisedREVISED: 3/5/13 NOTICE OF THE REGULAR AND EXECUTIVE SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. – REGULAR SESSION EXECUTIVE SESSION - Convenes in the Fountain Conference Room - 2nd floor immediately following the Regular Session Adjournment WHEN: THURSDAY, MARCH 7, 2013 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates Last printed 3/5/2013 8:29 AM Page 2 of 4 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – North Chapel Community Bible Church, Director of Men's Ministry, Norris Heckel  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor may review recent events attended relating to economic development. ii) The Mayor will read a proclamation regarding the 10th Anniversary of the L. Alan Cruikshank River of Time Museum.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Presentation by the Fountain Hills Chamber of Commerce/Tourism Bureau with a report on FY12-13 funding. ii) Presentation by the Fountain Hills Theater with a report on FY12-13 funding. iii) Presentation by the JumpStartBiz with a report on FY12-13 funding. iv) Presentation by the Boys and Girls Clubs of Greater Scottsdale with a report on FY12-13 funding. v) Presentation by the Extended Hands Food Bank with a report on FY12-13 funding. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS (1 – 11) All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be removed from the Consent Agenda and considered its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 12 and 21, 2013. Last printed 3/5/2013 8:29 AM Page 3 of 4 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Valerie Ann Stasik, representing the Fountain Hills Theater, Inc., for the purpose of a fund raiser to be held at 13001 N La Montana Dr., on Sunday, March 24, 2013, from 5:00 PM to 11:00 PM. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837 E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E. Parkview, scheduled to be held on Saturday, March 23, 2013 from 9:00 AM to 10:00 PM. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837 E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E. Parkview, scheduled to be held on Sunday, March 17, 2013 from 9:00 AM to 12:00 PM. 5. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE APPLICATION submitted by Dubrouka Georgia Wahl, representing the Oak Creek Vineyards & Winery, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire, to be held at 16810 E. Avenue of the Fountains, which is scheduled for Friday and Saturday, March 15 and 16, 2013, from 10:00 AM to 6:00 PM and Sunday, March 17, 2013, from 10:00 AM to 5:00 PM. 6. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE APPLICATION submitted by Karen Anne Zemper, representing Zemper Reserve LLC d ba Studio Vino, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to be held at 16810 E. Avenue of the Fountains, which is scheduled for Friday, Saturday and Sunday, March 15, 16, and 17, 2013, from 10:00 AM to 6:00 PM. 7. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Cactus Asphalt and the Town of Fountain Hills to piggyback on the ADOT Contract for Crack Sealing in an amount not to exceed $125,000.00. 8. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Nesbitt Contracting Co., Inc. and the Town of Fountain Hills to piggyback on the City of Scottsdale Contract for Asphalt Replacement and Miscellaneous Work in an amount not to exceed $155,000.00. 9. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Southwest Slurry Seal, Inc. and the Town of Fountain Hills to piggyback on the City of Scottsdale Contract for Slurry Seal in an amount not to exceed $570,000.00. 10. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Pavement Marking, Inc. and the Town of Fountain Hills to piggyback on the Yuma County Contract for Pavement Markings in an amount not to exceed $17,750.00. 11. CONSIDERATION of RESOLUTION 2013-12, an intergovernmental agreement with Maricopa County for regional emergency operations management and disaster services. Last printed 3/5/2013 8:29 AM Page 4 of 4 REGULAR AGENDA ITEMS 12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding the TOWN PROSECUTOR position. 13. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow AT&T Wireless Communications to raise the existing church tower height from 36’ to 51’ in order to install communications antennas within the tower structure. The property is zoned R- 4. ( Case #SU 2012-01) 14. CONSIDERATION of a SPECIAL USE PERMIT to allow AT&T Wireless Communications to raise the existing church tower height from 36’ to 51’ in order to install communications antennas within the tower structure. The property is zoned R-4. ( Case #SU 2012-01) 15. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF to INITIATE A ZONING ORDINANCE AMENDMENT permitting a movie theater as a permitted use within the C1 zoning district. This item was added at the request of Vice Mayor Elkie, and Councilmembers Brown and Yates. 16. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 17. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 18. SUMMARY of Council requests and REPORT ON RECENT ACTIV ITIES by the Town Manager Ken Buchanan. 19. ADJOURNMENT. EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to (i) A.R.S. §38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting (Specifically, the Town Manager’s evaluation). 2. ADJOURNMENT DATED this 28th day of February, 2013. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. REVISED: 3/5/13 NOTICE OF THE REGULAR AND EXECUTIVE SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. – REGULAR SESSION EXECUTIVE SESSION - Convenes in the Fountain Conference Room - 2nd floor immediately following the Regular Session Adjournment WHEN: THURSDAY, MARCH 7, 2013 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates Last printed 3/5/2013 8:29 AM Page 2 of 4 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – North Chapel Community Bible Church, Director of Men's Ministry, Norris Heckel  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor may review recent events attended relating to economic development. ii) The Mayor will read a proclamation regarding the 10th Anniversary of the L. Alan Cruikshank River of Time Museum.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Presentation by the Fountain Hills Chamber of Commerce/Tourism Bureau with a report on FY12-13 funding. ii) Presentation by the Fountain Hills Theater with a report on FY12-13 funding. iii) Presentation by the JumpStartBiz with a report on FY12-13 funding. iv) Presentation by the Boys and Girls Clubs of Greater Scottsdale with a report on FY12-13 funding. v) Presentation by the Extended Hands Food Bank with a report on FY12-13 funding. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS (1 – 11) All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be removed from the Consent Agenda and considered its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 12 and 21, 2013. Last printed 3/5/2013 8:29 AM Page 3 of 4 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Valerie Ann Stasik, representing the Fountain Hills Theater, Inc., for the purpose of a fund raiser to be held at 13001 N La Montana Dr., on Sunday, March 24, 2013, from 5:00 PM to 11:00 PM. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837 E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E. Parkview, scheduled to be held on Saturday, March 23, 2013 from 9:00 AM to 10:00 PM. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837 E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E. Parkview, scheduled to be held on Sunday, March 17, 2013 from 9:00 AM to 12:00 PM. 5. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE APPLICATION submitted by Dubrouka Georgia Wahl, representing the Oak Creek Vineyards & Winery, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire, to be held at 16810 E. Avenue of the Fountains, which is scheduled for Friday and Saturday, March 15 and 16, 2013, from 10:00 AM to 6:00 PM and Sunday, March 17, 2013, from 10:00 AM to 5:00 PM. 6. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE APPLICATION submitted by Karen Anne Zemper, representing Zemper Reserve LLC dba Studio Vino, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to be held at 16810 E. Avenue of the Fountains, which is scheduled for Friday, Saturday and Sunday, March 15, 16, and 17, 2013, from 10:00 AM to 6:00 PM. 7. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Cactus Asphalt and the Town of Fountain Hills to piggyback on the ADOT Contract for Crack Sealing in an amount not to exceed $125,000.00. 8. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Nesbitt Contracting Co., Inc. and the Town of Fountain Hills to piggyback on the City of Scottsdale Contract for Asphalt Replacement and Miscellaneous Work in an amount not to exceed $155,000.00. 9. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Southwest Slurry Seal, Inc. and the Town of Fountain Hills to piggyback on the City of Scottsdale Contract for Slurry Seal in an amount not to exceed $570,000.00. 10. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement, as directed in the Pavement Management Resolution 2013-02, between Pavement Marking, Inc. and the Town of Fountain Hills to piggyback on the Yuma County Contract for Pavement Markings in an amount not to exceed $17,750.00. 11. CONSIDERATION of RESOLUTION 2013-12, an intergovernmental agreement with Maricopa County for regional emergency operations management and disaster services. Last printed 3/5/2013 8:29 AM Page 4 of 4 REGULAR AGENDA ITEMS 12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding the TOWN PROSECUTOR position. 13. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow AT&T Wireless Communications to raise the existing church tower height from 36’ to 51’ in order to install communications antennas within the tower structure. The property is zoned R- 4. ( Case #SU 2012-01) 14. CONSIDERATION of a SPECIAL USE PERMIT to allow AT&T Wireless Communications to raise the existing church tower height from 36’ to 51’ in order to install communications antennas within the tower structure. The property is zoned R-4. ( Case #SU 2012-01) 15. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF to INITIATE A ZONING ORDINANCE AMENDMENT permitting a movie theater as a permitted use within the C1 zoning district. This item was added at the request of Vice Mayor Elkie, and Councilmembers Brown and Yates. 16. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 17. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 18. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 19. ADJOURNMENT. EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to (i) A.R.S. §38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting (Specifically, the Town Manager’s evaluation). 2. ADJOURNMENT DATED this 28th day of February, 2013. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Fountain Hills Visitors Bureau Mid-Year Report 2012 -13 Mission & Goal The mission of the Bureau is to stimulate business vitality and enhance the quality of life within the community. The Bureau’s goal is to attract both overnight and day-trip visitors in order to enhance the local economy through non- resident spending and help ensure a sustainable business and employment environment. Strategies & Programs Attract visitors to these key destination drivers: –Events, Arts & Entertainment –Desert Experience / Outdoor Adventure –Golf –Southwest and Native American Culture –Weddings Employing the following marketing initiatives: Website  Print Advertising Phoenix Magazine – November 2012 Special Advertising Section – 8 pages. Paid Circulation (monthly) – 74,000 – with pass along this equates to 185,000 readers. Print Advertising Arizona Key Magazine - multi-page cooperative advertising section. Monthly circulation 30,000 to hotels, CVBs, concierge. High traffic ArizonaKey.com and social media outreach. Rich media package: 2 minute HD video 3 virtual tours, digital slideshow, mobile application, link to VB site – 459 direct page referrals 6 mos. Frequent Twitter and Facebook posts by Arizona Key Print Advertising Valley Guide –3X per year, 70,000 per issue (pass along 210,00 per issue) – ¼ page AZ Official Visitors Guide – 450,000 annual - listing Visit Phoenix Guide – 250,000 annual - listing Phoenix Relocation Guide – 15,000 annual, website, leads - ½ page City Sun Times – 4X – 70,000 per issue – ¼ page AZ Finest Weddings – print & website, leads – 1/8 page. AZ Collectors Guide – 50,000 ( 9 pages) Golf Magazine – 50 words 1.4 million Inside Golf Canada – Co-op with Arizona Trails – Sonoran Desert Golf Trail promotion – 1/8 page Online Marketing VB Facebook - 400+ fans and building Twitter – 285 followers and building Visitor Guide (E-booklet – part of inquiry response and on VB website Arizonakey.com – excellent SEO and Google rankings AZmeetingsandevents.com – meeting planner focus ArizonaCollectorsGuide.com – art focus ValleyGuide.com – E-zine Finestweddingsites.com – page, leads, banner ad A-Position.com – golf Sonoran Desert Golf Trail – positioning FH as a golf-centric area TripAdvisor.com Phoenixrelocationguide.com – leads AmericanTrails.org Online Marketing -TripAdvisor.com Sponsor page, combines user content with VB content. Increased control, allows addition of events, collateral material, area promotions Click through banners Fulfillment/Publications Visitors Guide 2013 Dining Guide 2013 Event Calendar – monthly in season E-newsletter – inaugural issue February 2013 Visitors Guide 45,000 distributed in 400+ visitor related locations throughout the Valley. Phoenix International Airport (PHX) Added events, perfect day and public art focus. Dining Guide Complete guide to dining in FH, Fort McDowell, The Verdes. Available at Visitors Center, Kiosks, realtors, downloadable and linked to websites. Insert into guest/event packets 5,000 copies Calendar of Events Monthly visitor oriented events Visitor Center VB website Distribute to VB roster E-Newsletter Calendar of events Music venues Building subscriber base Niche Market – Weddings finestweddingsites.com landing page – 599 views – 3 months Banner ad Qualified leads (45 -6 months) Online Bridal Guide Conventions & Meetings International Trails Symposium – estimated 800 attendees – April 14 – 17 Partnership with Fort McDowell New Event – Cyclovia Thank You for Your Support! Dining Guide & Map Fountain Hills, Fort McDowell & The Verdes 5 2 1 3 4 6 7 2 3 1 4 5 5 2 1 3 4 6 7 8 9 10 11 16 13 12 14 15 17 18 19 20 21 22 23 24 25 26 32 30 29 28 31 33 34 35 36 37 38 1 27 2 3 4 BAR / PUB / WINE BAR Alamo Saloon 11807 N. Saguaro Blvd. (480) 837-5699 $ Daily 10a - 2a All American Sports Grill 16872 Ave. of the Fountains (480) 816-4625 $ Daily 11am - 11pm www.allamericansportsgrill-az.com Bruno’s Sports Bar & Grille 16737 E. Parkview Ave. (480) 836-0770 $ Daily 11a - 2a Grapeables Fine Wines 12645 N. Saguaro Blvd. (480) 816-5959 $$ Mo - Th 3p - 8p; Fr - Sa 12p - 11p; Su 12p - 6p www.grapeableswinebar.com Parkview Tap House Bar & Grill 16828 E. Parkview Ave. (480) 837-5210 $ Mo-Th 11:30a - 11p; Fr-Sa 11:30a -2a; Su 12p - 6p VU 14815 E. Shea Blvd. (480) 368-0087 $$ Tu - Sa 11:30a - 10p www.vubistro.com FAST FOOD Arby’s 17224 E. Shea Blvd. (480) 837-4999 $ Su-Th 9:30a - 10p; Fr-Sa 9:30a - 11p www.arbys.com Burger King 13725 N. Fountain Hills Blvd. (480) 816-0767 $ Daily 6a - 11p www.burgerkimg.com McDonald’s 16936 E. Shea Blvd. (480) 837-0033 $ Su - Th 5a - 11p; Fr - Sa 5a - 12a www.mcdonalds.com Subway 13771 N. Fountain Hills Blvd. (480) 816-9305 $ Daily 7a - 9p www.subway.com Subway 16841 E. Shea Blvd. (480) 816-5803 $ Daily 7a - 9p Taco Bell 17230 E. Shea Blvd. (480) 837-2602 $ Mo - Sa 9a - 11p; Su 10a - 10p www.tacobell.com Wendy’s 17218 Shea Blvd. (480) 837-2551 $ Su - Th 7a - 11p; Fr - Sa 7a - 12a www.wendys.com BAKERY/CAFE/COFFEE La Tartine 16650 E. Palisades Blvd. (480) 816-4222 $ Mo - Fr 7a - 6:30p; Sa 7:30a - 6p Mountain View Coffee 12645 N Saguaro Blvd., Ste 17 (480) 816-9490 Mo-Sun 6:30am - 4pm $ Starbucks 16425 E. Palisades Blvd. (480) 816-6969 $ Mo - Sa 4:30a - 9p; Su 5a - 9p www.starbucks.com Starbucks 16815 E. Shea Blvd. (480) 837-1486 $ Mo - Fr 5:30a - 7p; Sa 6a - 7p; Su 6:30a - 7p www.starbucks.com Sweet Town 16754 E. Glenbrook Blvd. (480) 836-0101 $ Mo - Sa 12p - 9p www.sweettown.net DINING Alchemy at Copperwynd 13225 N. Eagle Ridge Dr. (480) 333-1880 $$$ Tu - Sa 12p - 2p & 5p - 9p Wine Bar: Tu - Sa 2p - 7p www.alchemy360az.com Appian Way 17149 E. Amhurst Dr. (480) 836-7899 $$$ Tu - Su 4p - 10p www.appianway.com Chen’s Garden Chinese Restaurant 16720 E. Avenue of the Fountains (480) 816-8880 $ Daily 11a - 9p Chicago Bob’s 16948 E. Shea Blvd., #101 (480) 816-3647 $ Mo - Sa 10a - 8p; Su 10:30a - 6p www.chicago-bobs.com Chocofin Chocolatier 13404 N. La Montana Dr. (480) 836-7444 $ - $$$ Mo - Fr 10a - 6p; Sa 10a - 5p www.chocofin.com Denny’s 17053 E. Shea Blvd. (480) 837-5307 $ Daily 24 hours www.dennys.com DJ’s Bagel Cafe 13693 N. Fountain Hills Blvd. (480) 816-4155 $ Mo - Fr 6a - 7p; Sa 6a - 5p; Su 7a - 3p El Encanto del Fuente 11044 N. Saguaro Blvd. (480) 837-1070 $$ Daily 11a - 10p www.elencantorestaurant.com Euro Pizza Cafe 12645 N. Saguaro Blvd. (480) 836-0207 $$ Daily 11a -9p www.europizzacafe.com Euro-Bistro 12015 N. Saguaro Blvd. (480) 837-4445 $ Mo - Fr 11a - 6p; Sa 10a - 3p Fireside Grill 12800 N. Saguaro Blvd. (480) 816-9047 $$ Daily 6a - 10p Flapjacks 16605 E. Palisades Blvd. (480) 837-2910 $ Tu - Sa 7:30a - 1:30p; Su 7:30a - 1p Fountain Hills Express Deli 11829 N. Saguaro Blvd. (480) 837-3236 $ Mo - Fr 6a - 7p; Sa 7a - 6p Fountini’s Bar & Grill 13407 N. La Montana Dr. (480) 837-4201 $$ Su - Th 11a - 12a; Fr - Sa 11a - 2a The Grille at Eagle Mountain 14915 E. Eagle Mountain Pkwy. (480) 816-1248 $ Daily 7a - 7p (Oct - May) Mo-Th 7a-3p; Fr-Su 7a-4p (Jun - Sep) www.eaglemtn.com Ha Ha China Restaurant 11849 N. Saguaro Blvd. (480) 837-8889 $ Mo - Fr 11a-8:30p; Sa - Su 4:30p-8:30p Jimmy’s Krazy Greek 16758 E. Glenbrook Blvd. (480) 837-1557 $ Tu-Sa 11a - 8p Katana Sushi & Grill 16425 E. Palisades Blvd. (480) 837-2399 $$$ Mo - Th 11:30a - 2:30p & 5p - 9p; Fr 11:30a - 2:30p & 5p - 10p; Sa 11:30a - 10p; Su 4p - 9p La Scala Creamery 12645 N. Saguaro Blvd., #7 (480) 836-4444 $ Daily 12p - 9p www.lascalacreamery.com Little Caesar’s Pizza 16605 Palisades Blvd. (480) 816-1001 $ Su - Th 10:30a - 9p; Fr - Sa 10:30a - 10p www.littlecaesars.com Mesquite Grill 18401 El Circulo Dr. Tonto Verde (Shown on Map 1) (480) 471-0438 $ - $$$ Hours vary by season Pei Wei Asian Diner 14835 E. Shea Blvd. (480) 837-0926 $ Daily 11a - 9p www.peiwei.com Phil’s Filling Station Grill 16852 E. Parkview Ave., #2 (480) 816-8200 $ Mo - Sa 7a -9p; Su 8a - 1p www.philsfillingstationgrill.com Ping’s Cafe 17115 E. Shea Blvd. (480) 816-1827 $ Tu - Su 11a - 9p Pisa Pizza Ristorante 16650 E. Palisades Blvd. (480) 836-7500 $$ Mo - Sa 10a - 10p; Su 12p - 9p www.pisapizzaaz.com Pizza Hut 13693 N. Fountain Hills Blvd., #103 (480) 837-5566 $ Su-Th 10:30a - 11p; Fr-Sa 10:30a - 12a www.pizzahut.com Que Bueno 13207 N. La Montana Dr. (480) 837-2418 $ Mo - Sa 11:30a - 9p; Su 8:30a -9p www.quebuenoaz.com Redendo’s Pizzeria & Pasta 16948 E. Shea Blvd. (480) 816-1356 $ Mo - Th 10:30a - 9p; Fr - Sa 10:30a - 10p; Su 12p - 8p www.redendos.com Rosati’s Pizza, Pasta & More 12605 N. Saguaro Blvd. (480) 836-8400 $ Mo-Th 11a-9p;Fr-Sa 11a-10p; Su 3p-9p Saddle Bronc Grill 11056 N. Saguaro Blvd. (480) 816-5900 $ Su-Th 11:30a - 9p; Fr-Sa 11:30a - 10p www.saddlebroncgrill.com Sakura Inn 11883 N. Saguaro Blvd. (480) 836-8008 $ Mo - Fr 11:30a - 2:30p & 5p - 10p; Sa - Su 5p - 10p Sapori D’Italia 11865 N. Saguaro Blvd. (480) 816-9535 $ Tu - Su 5p - 9p Senor Taco 16948 E. Shea Blvd. (480) 816-8226 $ Mo - Th 5:30a - 2a; Fr - Sa 5:30a - 3a www.senortacoaz.com Sofrita’s 16848 Avenue of the Fountains (480) 816-5316 $ Mo - Th 10:30a - 9p; Fr - Sa 10:30a - 10p; Su 12p - 8p The Steakhouse at Desert Canyon 10440 Indian Wells Dr. (480) 837-1561 $ - $$$$ Mo 8a - 2p; Tu - Su 8a - 2p & 5p - 9p www.thesteakhouse.us Streets of New York 16841 E. Shea Blvd., #101 (480) 837-3730 $$ Mo - Th 10:30a - 9p; Fr - Sa 11:30a - 9:30p; Su 11a - 9p www.streetsofnewyork.com SunRidge Canyon Golf Club – Ridge Room 13100 N. SunRidge Dr. (480) 837-5396 $$ Daily 7a - 3p (Lounge open to dark) www.sunridgecanyongolf.com Terra Nostra Italian Cafe 13014 N. Saguaro Blvd. (480) 837-3557 $$ - $$$$ Mo - Sa 4p - close 2 3 4 6 FORT MCDOWELL 10438 N. Fort McDowell Rd. DINING Radisson Fort McDowell Resort (480) 789-5300 Ahnala $-$$$$ CASUAL/ FAMILY/DELI Casino (480) 837-1424 Cottonwood Cafe $ New York Deli $ Red Rock Buffet $ Silver Platter $ Sushi $ We-Ko-Pa Golf Club 18200 E. Toh Vee Circle (480) 789-8713 The Grille at $ We-Ko-Pa Golf Club Fort McDowell Adventures 14821 N. Hiawatha Hood Rd. (480) 816-6465 Friday Night Franks $ 1 5 *Chamber Members in bold. G r a n de Blvd S a n M arco s Dr Yavapai Rd. M o h a v e Rd N. Hiawatha Hood Rd. 21 5 38 125 145 3 18 7 2 4 26 12 27 3 3 2 11 29 4 9 19 10 32 13 1 30 8 2 35 37 1 22 15 4 365 6 24 6 1 7 28 3 33 23 2 1 3 6 5 2 4 73 1 31 34 4 Average Entree Cost: $ <$10 $$ $10 - 14 $$$ $15 - 19 $$$$ $20> 5 6 4 2 16 17 20 Fountain Hills Visitors Bureau 16837 East Palisades Boulevard • Fountain Hills, Arizona 85268 Hrs: Mon - Fri 8am - 12pm, 1pm - 5pm • 480.837.1654 www.visitfhfm.com 2 1 4 3 6 5 7 Visitors Bureau Information gathered for this publication has been from sources deemed reliable and every reasonable effort has been made to provide accurate, factual information. Please call to verify location and hours. Published by the Fountain Hills Visitors Bureau, a division of the Fountain Hills Chamber of Commerce with funding provided by the Town of Fountain Hills and Fort McDowell Yavapai Nation. Nov 2011 HOTELS Comfort Inn 17105 E. Shea Blvd. (480) 837-5343 www.comfortinn.com CopperWynd 13225 N. Eagle Ridge Drive (480) 333-1900 www.copperwynd.com Courtyard Marriott at the Mayo Clinic 13444 East Shea Blvd. (Scottsdale) (480) 860-4000 www.marriott.com Eagle View RV Resort, Ft. McDowell 9605 N. Fort McDowell Rd. (480) 816-3000 www.eagleviewrvresort.com Holiday Inn Hotel and Suites 12800 N. Saguaro Blvd. (480) 837-6565 www.holidayinn.com Inn at Eagle Mountain 9800 N. Summer Hill Rd. (480) 816-3000 www.innateaglemountain.com Radisson Fort McDowell Resort 10438 N. Fort McDowell Rd. (480) 789-5300 www.radissonfortmcdowellresort.com Referring to this years motion pictures at the Oscars on Sunday, February 24, 2013, but it also applies to live performances, First Lady Michelle Obama said that they: "lift our spirits and broaden our minds and transport us to places we have never imagined. They made us laugh, they made us weep and they made us grip our armrests just a little tighter. They taught us that love can endure against all odds and transform our lives in the most surprising ways and they remind us that we can overcome any obstacle if we dig deep enough and fight hard enough and find the courage to believe in ourselves. These lessons apply to all of us - no matter who we are or what we look like or who we love, but they are especially important for our young people. Every day, through engagement in the arts, our children learn to open their imagination, to dream just a little bigger and to strive every day to reach those dreams....it is vitally important work.“ Thank you to the Town of Fountain Hills for keeping the Arts a priority in our community. Background Started as an “Experiment” in Feb 2012 Goal to increase jobs in FH Needed to validate the demand and viability Increasing number of incubators set up with different focus  Jumpstartbiz unique with a very structured process based on a rigorous work process and accountability  Achieved credibility within the Arizona Incubator environment “ We Add Structure, Focus and Accountability to the Passion and Creativity that most Entrepreneurs already have “ A Powerful Combination that Drives Growth and Success 7 members with 1 more imminent Very favorable feedback on added value Current Members have the potential to create 15-20 jobs in Fountain Hills For me, I think it has been a good value. The most notable benefits have been the different points of views and approaches from the group in defining a business strategy. The personal attention, coaching and unique plans specific to my business model has shaped and changed my business goals by introduction of concepts that I had not previously thought of or been aware of. I believe this ultimately leads to a better, stronger business model for me. Will Button I have been self employed for over 30 years and feel the systematic challenges Jumpstart has placed before me has prepared me for my new endeavor in ways I never would have expected. I encourage any new or old business owner to join the Jumpstart Team! Dave Wooden Testimonials When I originally considered Jump Start and your incubator group’s services for my new business I wasn’t honestly sure what to expect. The opportunity to learn more about developing my business and taking it in the right direction sounded great, the prospect of having experts in their individual fields help mentor me through the early stages of my company’s development seemed like a good idea, however I still wondered whether $250 per month or $3,000 per year would provide satisfactory results and as we often ask ourselves, I too wondered if it “would be worth it and could I afford it”. It became sorely evident within the first few sessions how much I needed the incubator’s help and assistance and that if I wish to be successful that I couldn’t afford not to work with them. The team has taken a genuine interest in my business, has helped me to develop the right strategies, provided me with some great connections and has easily paid for itself over and over again. In fact as I near the end of my first year with the incubator group, I am looking forward to entering the second year, that is if they’ll have me back. Justin Clegg Moving from an “Experiment” to a sustainable on going structure  Need increased funding in order to continue  Move from an opportunistic to a more targeted approach, in line with the Town Economic Development Plan Boys & Girls Clubs of Greater Scottsdale March 7, 2013 Fountain Hills Town Council Vision and Mission •Vision: To provide a positive impact for the youth in Greater Scottsdale and the Native American communities we serve by helping each youth reach their ultimate potential. •Mission: We provide youth development services that instill strong core values and life enhancing skills in a safe environment. The programs help promote healthy lifestyles, good character, and academic success. 2 Organization Overview: •17,744 youth between 5-18 years of age through Club and Outreach programs •Nine branches including Mary Ellen & Robert McKee Branch in Fountain Hills •Five branches have full-service teen centers (including McKee) •More than 125 unique programs offered •Program Excellence Awards: 4th most in country from BGCA since 2003 •National BGCA Youth Winners: Movie Maker, Fine Arts, Graphic Design, Photography, and Sculpture Mary Ellen & Robert McKee Branch: •Club started in 1996 at temporary location in Four Peaks Elementary •Opened full service branch in 2004 through partnership with School District to renovate former School District admin building •Recent McKee Branch member recognition: National BGCA Movie Maker award winner (2011) and regional winner (2012) •Branch served 1,251 youth between 5-18 years of age in 2012 •Funding: Budget is $763,150. Revenue generated from program fees for participants is $483,215. Remaining $280,000 comes from Town of Fountain Hills, public and private grants, special event fundraising, individual and corporate donors 3 Town Goals and Initiatives •Develop a comprehensive economic development strategy for the Town’s future and work with our partners to forward economic growth and awareness –For every $1 spent by the Clubs, we generate $19.33 of positive economic impacts for the community (3rd party evaluation, Feb 2011) •Support community events and activities that create opportunities to build community and friendship –McKee Branch participates in community events such as Halloween in the Hills, Fountain Hills Art Fair, Homecoming float/parade –Partnered with town on Day for Kids in September •Genuinely solicit and consider public and stakeholder feedback as part of the decision-making process –Offered McKee Branch as a location for meetings, outreach, survey completion •Foster a culture of public service and volunteerism –McKee Branch provides continuum of opportunities for youth starting with Torch Club (11-13 year olds), Leaders-in-Training (ages 12-16), and Keystone (14-18) –McKee Keystone Club is an Interact Club with the Fountain Hills Rotary Club –McKee members provided 1,259 volunteer hours to the Club and community from July-December 2012. 4 Programs Funded by Town for 2012-2013 Academic Success ($30,000): •Power Hour/Homework Help/Tutoring •Money Matters financial literacy program •Career Launch job readiness and career exploration program Good Character and Citizenship ($30,000): •Youth for Unity diversity program •Young Patriots citizenship program •Torch Club leadership program for ‘tweens •Leaders-in-Training •Keystone Club Healthy Lifestyles ($20,000): •SMART Moves drug and alcohol use prevention program •Healthy Habits nutrition program •Triple Play fitness program 5 McKee Branch Results Academic Success Power Hour/Homework Help/Tutoring 60 members were pretested on their attitude towards the PowerHour program, staff, and how well members believe they perform in school. Some statistics from the survey below: •93% of the members attend PH at least one or more days a week. •84% of the members say PH has helped them improve their grades in school. •93% of the members say the staff in the PH room are helpful. •91% of the members say their last years grades were A's and B's. •93% of the members say their future grades will be A's and B's. Money Matters: Goal: To promote financial responsibility among teens by building their basic money management skills. 9 Pre-Test 9 Post-Test 6 Statement Correct Incorrect Correct Incorrect 1 44.4% 55.6% 100% 0% 2 77.8% 22.2% 100% 0% 3 77.8% 22.2% 100% 0% 4 33.3% 66.7% 88.9% 11.1% 5 22.2% 77.8% 88.9% 11.1% 6 44.4% 55.6% 100% 0% 7 44.4% 55.6% 66.7% 33.3% 8 77.8% 22.2% 100% 0% 9 66.7% 33.3% 100% 0% 10 55.6% 44.4% 100% 0% McKee Branch Results Good Character and Citizenship Young Patriots – 20% Increase Goal: To educate youth on the foundations of our government and promote positive citizenship . The biggest increase in members’ knowledge was: •Every person’s vote counts. From pre to post test, 30% more members said that their voted counts on the posttest survey •What the roles are of the three branches of government – judicial, executive, and legislative. Torch Club – Active Club/Club Community Service Goal: To develop leadership skills & implement community service activities for 11-13. 7 members - 50 hours of community service Help with the Tiki Hut/ they are mentored by our Keystone officers Attended State Torch Club Conference Keystone Club – 861 combined community service hours (4 months) Goal: Work together to serve the club and community through different acts of community service. 12 members Mentor Torch Club members 7 Healthy Lifestyles SMART Moves (Passport to Manhood) – 49.7% Increase Goal: SMART (Skills Mastery and Resistance Training) Moves is designed to enhance youths’ decision -making and critical-thinking skills, as well as learn how to avoid and/or resist alcohol, tobacco, other drugs and premature sexual activity. •24 members were pretested in January of 2013. The average correct on the pretest was 86%. Members will learn the importance o f saying "no" to drugs and alcohol and taking care of their bodies and putting their health as a priority. Members will be post-tested in the Spring of 2013 to see what skills they have acquired Pre-Test Post-Test Triple Play –150+ members/week Goal: To provide sports & fitness activities for all youth via challenges from jumping rope to creating games of their own . 8 Statement Correct Incorrect Correct Incorrect 1 52.9% 47.1% 100% 100% 0% 2 41.2% 58.8% 100% 100% 0% 3 52.9% 47.1% 100% 100% 0% 4 41.2% 58.8% 100% 64.3% 35.7% 5 29.4% 70.6% 100% 92.9% 7.1% 6 41.2% 58.8% 100% 92.9% 7.1% 7 64.7% 35.3% 100% 92.9% 7.1% 8 41.2% 58.8% 100% 92.9% 7.1% 9 29.4% 70.6% 100% 100% 0% 10 23.5% 76.5% 100% 92.9% 7.1% 11 58.8% 41.2% 100% 92.9% 7.1% EXTENDED HANDS FOOD BANK VOTED 2007 CHAMBER OF COMMERCE: “NON-PROFIT OF THE YEAR” “Helping our friends and neighbors during difficult times” 16548 E. Laser Dr. #6 Website: ehfb.org Donate online with: PayPal Fountain Hills, Arizona 85268 ehfbank@qwestoffice.net Mailing address: P.O. Box 18748 Fountain Hills, AZ 85269 480-837-0303 David W. Iverson / Executive Director Board Members: Jim Collins Bob Mitchell Richard Thomas QUARTERLY INVOICE JULY-SEPTEMBER 2012 WAREHOUSE 6 & 7B JULY LEASES $2,224.00 UTILITIES 472.27 TELEPHONE 158.88 TOTAL $2,855.15 AUGUST LEASES $2,224.00 UTILITIES 492.27 TELEPHONE 165.06 TOTAL $2,881.33 SEPTEMBER LEASES $2,224.00 UTILITIES 492.02 TELEPHONE 158.18 TOTAL $2,874.20 A Non-profit ( 501c3 ) agency providing food for the hungry “I will bless those who bless you!” Genesis 12:3 EXTENDED HANDS FOOD BANK VOTED 2007 CHAMBER OF COMMERCE: “NON-PROFIT OF THE YEAR” “Helping our friends and neighbors during difficult times” 16548 E. Laser Dr. #6 ehfb.org Donate online with: paypal Fountain Hills, Arizona 85268 ehfbank@qwestoffice.net Mailing address: P.O. Box 18748 Fountain Hills, AZ 85269 480-837-0303 David W. Iverson /Executive Director Board Members: Jim Collins Bob Mitchell Richard Thomas QUARTERLY INVOICE OCT – DECEMBER 2012 Units 6 & 7b OCTOBER Leases $2,224.00 Utilities 598.17 Telephone 158.18 Total $2,980.35 NOVEMBER Leases $2,224.00 Utilities 581.95 Telephone 158.92 Total $2,964.87 DECEMBER Leases $2,224.00 Utilities 472.31 Telephone 158.24 Total $2,854.55 A Non-profit ( 501c3 ) agency providing food for the hungry Contract No. C2013-120 1900972.1 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CACTUS TRANSPORT, INC., d/b/a CACTUS ASPHALT THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of March 7, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Cactus Transport, Inc., d/b/a Cactus Asphalt, an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the State of Arizona, Department of Transportation (“ADOT”) entered into TRACS/Project No. 085PM042 H804901C STP-085- A(202)T dated August 24, 2012, with the Contractor for the Contractor to apply polymer chip seal coat and related services on the Gila Bend-Lukeville Highway (the “ADOT Contract”). A copy of the ADOT Contract is attached hereto as Exhibit A and incorporated herein by reference. B. The Town is permitted, pursuant to Section 3-3-13 of the Town Code, to make purchases under the ADOT Contract, at its discretion and with the agreement of the awarded Contractor, and the ADOT Contract permits its cooperative use by other public entities including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging a cooperative contractual relationship between the Town and the Contractor, (ii) establishing the terms and conditions by which the Contractor may provide the Town with crack sealing and related services to various roads in the area referred to as Zone 6, as more particularly set forth in Section 2 below (the “Materials and Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 7, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement or the ADOT Contract. 2. Scope of Work. Contractor shall provide the Materials and Services (i) under the terms and conditions of the ADOT Contract, (ii) as set forth in the Fee Proposal, attached hereto 1900972.1 2 as Exhibit B and incorporated herein by reference and (iii) pursuant to instructions from the Town. 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $125,000 for Materials and Services at the unit rates as set forth in the Fee Proposal attached hereto as Exhibit B. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the ADOT Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the ADOT Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 1900972.1 3 7. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this section the term “scrutinized business operations” shall have the meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town determines that the Contractor submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. Contractor shall abide by and conform to any and all laws of the United States, the State of Arizona and the Town of Fountain Hills, including, but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, OSHA and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, invoices and the ADOT Contract, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the ADOT Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the ADOT Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the ADOT Contract, the Town shall be afforded all of the rights and privileges afforded to ADOT and shall be the “State” (as defined in the ADOT Contract) for the purposes of the ADOT Contract. 1900972.1 4 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the State to the extent provided under the ADOT Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. [SIGNATURES ON FOLLOWING PAGES] 1900972.1 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on March ____, 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1900972.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CACTUS TRANSPORT, INC., d/b/a CACTUS ASPHALT [ADOT Contract] See following pages. To:ARIZONA DEPARTMENT OF TRANSPORTATION Contact: Address:PHOENIX, AZ Phone: Fax: ADOT Gila Bend-LukeVille Highway (SR 85)Project Name:Bid Number: Project Location:Bid Date:7/27/2012 Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity $342,710.00 $797.00430.00EMULSIFIED ASPHALT (CRS-2P)4040073 TON $93,750.00 $37.502,500.00COVER MATERIAL4040162 CY $45.00 $9.005.00BLOTTER MATERIAL4040163 TON $4,228.00 $1.403,020.00TEMPORARY PAVEMENT MARKERS (CHIP SEAL)7015069 EACH $305.80 $0.112,780.00BARRICADE (TYPE II, VERT.PANEL, TUBULAR MARKER)7016030 $/DY $156.80 $0.28560.00PORTABLE SIGN STANDS (SPRING TYPE)7016033 $/DY $99.00 $0.061,650.00WARNING LIGHTS (TYPE A)7016035 $/DY $162.00 $0.062,700.00WARNING LIGHTS (TYPE C)7016037 $/DY $1,100.00 $0.1110,000.00TRAFFIC CONE (28 INCHES)7016038 $/DY $356.40 $0.113,240.00EMBEDDED SIGN POST7016039 $/DY $1,608.00 $134.0012.00TRUCK MOUNTED ATTENUATOR7016050 $/DY $19.60 $0.2870.00TEMPORARY SIGN (LESS THAN 10 S.F.) (7016051 $/DY $621.60 $0.282,220.00TEMPORARY SIGN (10 S.F. OR MORE) (7016052 $/DY $201.00 $16.7512.00FLASHING ARROW PANEL7016061 $/DY $7,560.00 $28.00270.00CHANGEABLE MESSAGE BOARD (CONTRACTOR FURNISHED) 7016067 $/DY $14,260.00 $62.00230.00PILOT VEHICLE WITH DRIVER7016071 HR $36,515.00 $33.501,090.00FLAGGING SERVICES (CIVILIAN)7016075 HR $3,960.00 $66.0060.00FLAGGING SERVICES (LOCAL ENFORCEMENT OFFICER)7016078 HR $14,357.20 $65.26220.00FLAGGING SERVICES (DPS)7016080 HR $87,535.00 $0.35250,100.00PAVEMENT MARKING (WHITE EXTRUDED THERMOLPASTIC) (0.090'') 7040005 LF $31,640.00 $0.3590,400.00PAVEMENT MARKING (YELLOW EXTRUDED THERMOPLASTIC) (0.090'') 7040006 LF $387.10 $0.79490.00PAVEMENT MARKING (TRANSVERSE) (THERMOPLASTIC) (ALKYD) (0.090") 7040072 LF $225.00 $112.502.00PAVEMENT LEGEND (EXTRUDED THERMOPLASTIC) (ALKYD) (0.090") 7040073 EACH $450.00 $112.504.00PAVEMENT SYMBOL (EXTRUDED THERMOPLASTIC) (ALKYD) (0.090") 7040074 EACH $4,818.00 $2.192,200.00PAVEMENT MARKER, RAISED, TYPE D7060015 EACH $32.85 $2.1915.00PAVEMENT MARKER, RAISED, TYPE G7060018 EACH $11,662.00 $0.07166,600.00PERMANENT PAVEMENT MARKING (PAINTED) (WHITE)7080001 LF $4,221.00 $0.0760,300.00PERMANENT PAVEMENT MARKING (PAINTED) (YELLOW) 7080011 LF $67.48 $16.874.00PERMANENT PAVEMENT MARKING (PAINTED SYMBOL) (ARROW) 7080121 EACH Page 1 of 31/25/2013 12:54:06 PM Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity $33.74 $16.872.00PERMANENT PAVEMENT MARKING (PAINTED LEGEND) (ONLY) 7080221 EACH $1,850.00 $1,850.001.00LOOP DETECTOR TRAFFIC COUNTER SYSTEM (TLL)7350012 EACH $2,175.00 $2,175.001.00LOOP DETECTOR SPEED AND CLASSIFICATION TYPE SA (TLL) 7350041 EACH $31,370.00 $31,370.001.00MOBILIZATION9010001 LS $121,000.00 $1.10110,000.00MISCELLANEOUS WORK (CRACK SEALING)9240116 LB $9,900.00 $9,900.001.00CONSTRUCTION SURVEYING AND LAYOUT M&S9250001 LS $829,382.57Total Bid Price: Notes:Standard Terms and Conditions to follow.• All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt.• Prices above based on completing all tasks in one mobilization. If an additional mobilization is required, charges may apply.• Quoted prices valid for 60 days unless otherwise noted.• Cactus is not responsible for notification, nor removal of vehicles and property from work areas.• EXCLUSIONS: Sales Tax, Bonds, Permits, Plans, Engineering, Survey, Staking, Traffic Control, As-Builts, Testing, Inspection, Gradework, Landscape Areas, Weed Killer, Crack Routing, Crack-Sealing, Asphalt Patching, Additional ABC or Landscape Materials, Vegetation Replacement, Preservative Seals Other Than Specified, Prime Coat, Concrete Structures, Irrigation or Pipe Work, Utility Removal or Relocation, Drywells, Rip/Rap, Structural Backfill, Striping, Signage, Parking Bumpers Removal or Replacement, Import, Export, Excavation, Subgrade Stabilization, Removal of Debris Generated by Other Trades, SWMP Erosion Control, Thickened Pavement Edge, Project Information Sign And Any Special Insurance Requirements. • Cactus will require this proposal with exclusions be included in any contractual agreement.• In the event that quantites differ from above, billing will reflect agreed upon measured quantities.• ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Cactus Asphalt Authorized Signature: Estimator:Bryan Glazer Page 2 of 31/25/2013 12:54:06 PM TERMS AND CONDITIONS GENERAL Owner shall notify Cactus Asphalt (Cactus) when the premises will be ready for work to commence, and shall give unobstructed access to all areas where work is to be done. Any necessary towing shall be the responsibility of the owner. Cactus is not responsible for any utility lines (water, electric, sprinkler, communications, cable, etc.) which may lie within eighteen inches (18”) of the surface. Owner responsible for supplying all known layouts of any such utility lines which are known to exist. Cactus is not responsible for damage to undisclosed, unknown or improperly placed lines. If Cactus encounters underground utilities, debris, ground water, underground storage tanks, hazardous material, “hard dig” soils, or any material or substance regulated by federal, state, local law, ordinance, or regulation, any other environmental issue or concern, or other concealed conditions that were unknown to Cactus before submission of this Proposal, the contract price shall be equitably adjusted to compensate Cactus for any additional work performed or damages incurred as a result of any concealed conditions. At Cactus’ sole discretion, Cactus may stop all work on the project, until the parties have reached an agreement, in writing, concerning any such equitable adjustment, and Cactus shall have no obligation to perform any work which, as determined by Cactus, directly or indirectly involves any environmental risk or hazard. The Owner is responsible for ensuring that all surfaces are kept in a condition acceptable to the application of the agreed upon product. This includes ensuring that all automatic sprinklers that may place water on the surface are turned off. Any delay caused by failure to perform the above may be charged to owner at the appropriate rate. Cactus is not responsible for ponding water where grade is less than 2%. Owner is to provide an acceptable water source. Cactus is fully licensed and insured. All Cactus employees are covered by Worker’s Compensation Insurance. Unless otherwise noted, the prices contained within this agreement do not include the costs of permits or bonds. WARRANTY: All work performed by Cactus is covered by a one year warranty on workmanship. Normal wear and tear, abuse, weather, and other acts of God are excepted. PAYMENT AND TAXES By law, taxes may only be waived upon receipt of a valid exemption certificate. Taxes are determined in accordance with the jurisdiction where the work is performed. Unless otherwise stated within this agreement, all payment is due upon completion. In addition to other terms contained elsewhere in this proposal, Owner agrees to pay a service charge at the rate of 2% per month on all accounts that become 10 days past due. All costs of collection, as well as attorney’s fees, will be added to the balance and interest due. Cactus reserves the right (without further notice) to terminate this agreement if work is stopped for 30 or more days because of a failure to make progress payments or other delay not caused by Cactus. In such event Cactus reserves the right to recover payment for all work performed, including reasonable overhead, profit and damages. The laws of the State of Arizona shall govern this agreement. If a court finds that any provision of this agreement is not valid, that fact, by itself, shall not mean the rest of this agreement is not valid. Therefore, a court may enforce the remaining provisions of the agreement. HELPFUL INFORMATTON Work performed under this contract is subject to a mechanic’s/materialmen’s lien by any contractors/suppliers who provide services or materials on the project. To avoid perfection of any liens you may ask this contractor for “lien waivers’ from all persons supplying material or services on this project. 1900972.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CACTUS TRANSPORT, INC., d/b/a CACTUS ASPHALT [Fee Proposal] See following pages. To:Town Of Fountain Hills Contact:Ken Kurth Address:16705 E. Avenue Of The Fountains Phone:(480) 816-5150 Fountain Hills, AZ 85268 Fax:(480) 837-8328 Town Of Fountain Hills - Crackseal Zone 6Project Name:Bid Number:001 Project Location:Zone 6, Fountain Hills, AZ Bid Date:1/25/2013 Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity $102,300.00 $1.1093,000.00CRACK-SEALING: (~384,000 SY) - Per ADOT CONTRACT & SPECIFICATIONS 085 PM 042 H804901C STP-085-A(202)T 9240116 LB $4,500.00 $4,500.001.00TRAFFIC CONTROL: - Temporary Signs, Cones & Truck Mounted Attenuator 100 LS $5,500.00 $5,500.001.00MOBILIZATION: - Costs Associated With Moving Equipment, Materials And Labor To And From Job Site For Duration Of Project 9010001 LS $112,300.00Bid Price Subtotal: $7,226.51Maricopa County, State And Fountain Hills 6.4350%: $119,526.51Total Bid Price: Notes:Standard Terms and Conditions to follow.• All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt.• Cactus is not responsible for removal of vehicles and property from work areas.• Quantities provided by the Town of Fountain Hills. In the event that quantites differ from above, the billed amount will reflect agreed upon measured quantities. • EXCLUSIONS: Tax, Bonds, Permits, Plans, Engineering, Survey, Staking, As-Builts, Testing, Inspection, Gradework, Landscape Areas, Weed Killer, Crack Routing, Asphalt Patching, Landscape Materials, Vegetation Replacement, Prime Coat, Concrete Structures, Utility Removal or Relocation, Drywells, Rip/Rap, Striping, Signage, Removal of Debris Generated by Other Trades, SWMP Erosion Control, Project Information Sign And Any Special Insurance Requirements. • ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Cactus Asphalt Authorized Signature: Estimator:John Flores Page 1 of 21/29/2013 10:08:32 AM TERMS AND CONDITIONS GENERAL Owner shall notify Cactus Asphalt (Cactus) when the premises will be ready for work to commence, and shall give unobstructed access to all areas where work is to be done. Any necessary towing shall be the responsibility of the owner. Cactus is not responsible for any utility lines (water, electric, sprinkler, communications, cable, etc.) which may lie within eighteen inches (18”) of the surface. Owner responsible for supplying all known layouts of any such utility lines which are known to exist. Cactus is not responsible for damage to undisclosed, unknown or improperly placed lines. If Cactus encounters underground utilities, debris, ground water, underground storage tanks, hazardous material, “hard dig” soils, or any material or substance regulated by federal, state, local law, ordinance, or regulation, any other environmental issue or concern, or other concealed conditions that were unknown to Cactus before submission of this Proposal, the contract price shall be equitably adjusted to compensate Cactus for any additional work performed or damages incurred as a result of any concealed conditions. At Cactus’ sole discretion, Cactus may stop all work on the project, until the parties have reached an agreement, in writing, concerning any such equitable adjustment, and Cactus shall have no obligation to perform any work which, as determined by Cactus, directly or indirectly involves any environmental risk or hazard. The Owner is responsible for ensuring that all surfaces are kept in a condition acceptable to the application of the agreed upon product. This includes ensuring that all automatic sprinklers that may place water on the surface are turned off. Any delay caused by failure to perform the above may be charged to owner at the appropriate rate. Cactus is not responsible for ponding water where grade is less than 2%. Owner is to provide an acceptable water source. Cactus is fully licensed and insured. All Cactus employees are covered by Worker’s Compensation Insurance. Unless otherwise noted, the prices contained within this agreement do not include the costs of permits or bonds. WARRANTY: All work performed by Cactus is covered by a one year warranty on workmanship. Normal wear and tear, abuse, weather, and other acts of God are excepted. PAYMENT AND TAXES By law, taxes may only be waived upon receipt of a valid exemption certificate. Taxes are determined in accordance with the jurisdiction where the work is performed. Unless otherwise stated within this agreement, all payment is due upon completion. In addition to other terms contained elsewhere in this proposal, Owner agrees to pay a service charge at the rate of 2% per month on all accounts that become 10 days past due. All costs of collection, as well as attorney’s fees, will be added to the balance and interest due. Cactus reserves the right (without further notice) to terminate this agreement if work is stopped for 30 or more days because of a failure to make progress payments or other delay not caused by Cactus. In such event Cactus reserves the right to recover payment for all work performed, including reasonable overhead, profit and damages. The laws of the State of Arizona shall govern this agreement. If a court finds that any provision of this agreement is not valid, that fact, by itself, shall not mean the rest of this agreement is not valid. Therefore, a court may enforce the remaining provisions of the agreement. HELPFUL INFORMATTON Work performed under this contract is subject to a mechanic’s/materialmen’s lien by any contractors/suppliers who provide services or materials on the project. To avoid perfection of any liens you may ask this contractor for “lien waivers’ from all persons supplying material or services on this project. Contract No. 2013-121 1903063.1 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NESBITT CONTRACTING CO., INC. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of March 7, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Nesbitt Contracting Co., Inc., an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Scottsdale (“Scottsdale”) entered into Contract No. 12PB018 dated November 22, 2011, as extended, with the Contractor for the Contractor to replace asphalt, correct drainage and perform small repairs on roads in lots “A” and “D” (the “Scottsdale Contract”). A copy of the Scottsdale Contract is attached hereto as Exhibit A and incorporated herein by reference. B. The Town is permitted, pursuant to Section 3-3-13 of the Town Code, to make purchases under the Scottsdale Contract, at its discretion and with the agreement of the awarded Contractor, and the Scottsdale Contract permits its cooperative use by other public entities including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging a cooperative contractual relationship between the Town and the Contractor, (ii) establishing the terms and conditions by which the Contractor may provide the Town with asphalt replacement and miscellaneous repairs to various roads in the area referred to as Zone 6, as more particularly set forth in Section 2 below (the “Materials and Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 7, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement or the Scottsdale Contract. 2. Scope of Work. Contractor shall provide the Materials and Services under the terms and conditions of the Scottsdale Contract and pursuant to instructions from the Town. 1903063.1 2 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $155,000 for Materials and Services at the unit rates as set forth in the Scottsdale Contract attached hereto as Exhibit A. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Scottsdale Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Scottsdale Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this section the term “scrutinized business operations” shall have the meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town 1903063.1 3 determines that the Contractor submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. Contractor shall abide by and conform to any and all laws of the United States, the State of Arizona and the Town of Fountain Hills, including, but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, OSHA and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, invoices and the Scottsdale Contract, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Scottsdale Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Scottsdale Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Scottsdale Contract, the Town shall be afforded all of the rights and privileges afforded to Scottsdale and shall be the “City” (as defined in the Scottsdale Contract) for the purposes of the Scottsdale Contract. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the City to the extent provided under the Scottsdale Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide 1903063.1 4 the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on March ____, 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1903063.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NESBITT CONTRACTING CO., INC. [Scottsdale Contract] See following pages. Contract No. 2013-122 1901925.1 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOUTHWEST SLURRY SEAL, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of March 7, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Southwest Slurry Seal, Inc., an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Scottsdale (“Scottsdale”) entered into Contract No. 12PB018 dated November 22, 2011, as extended, with the Contractor for the Contractor to apply slurry seal treatment and related services to major roads in lots “B” and “C” (the “Scottsdale Contract”). A copy of the Scottsdale Contract is attached hereto as Exhibit A and incorporated herein by reference. B. The Town is permitted, pursuant to Section 3-3-13 of the Town Code, to make purchases under the Scottsdale Contract, at its discretion and with the agreement of the awarded Contractor, and the Scottsdale Contract permits its cooperative use by other public entities including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging a cooperative contractual relationship between the Town and the Contractor, (ii) establishing the terms and conditions by which the Contractor may provide the Town with a slurry seal treatment and related services to various roads in the area referred to as Zone 6, as more particularly set forth in Section 2 below (the “Materials and Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 7, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement or the Scottsdale Contract. 2. Scope of Work. Contractor shall provide the Materials and Services (i) under the terms and conditions of the Scottsdale Contract, (ii) as set forth in the Fee Proposal, attached hereto as Exhibit B and incorporated herein by reference and (iii) pursuant to instructions from the Town. 1901925.1 2 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $570,000 for Materials and Services at the unit rates as set forth in the Fee Proposal attached hereto as Exhibit B. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Scottsdale Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Scottsdale Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this section the term “scrutinized business operations” shall have the 1901925.1 3 meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town determines that the Contractor submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. Contractor shall abide by and conform to any and all laws of the United States, the State of Arizona and the Town of Fountain Hills, including, but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, OSHA and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, invoices and the Scottsdale Contract, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Scottsdale Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Scottsdale Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Scottsdale Contract, the Town shall be afforded all of the rights and privileges afforded to Scottsdale and shall be the “City” (as defined in the Scottsdale Contract) for the purposes of the Scottsdale Contract. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the City to the extent provided under the Scottsdale Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the 1901925.1 4 Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on March ____, 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) 1901925.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOUTHWEST SLURRY SEAL, INC. [Scottsdale Contract] See following pages. 1901925.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOUTHWEST SLURRY SEAL, INC. [Fee Proposal] See following pages. Contract No. C2013-123 1903131.1 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PAVEMENT MARKING, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of March 7, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Pavement Marking, Inc., an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Yuma County Department of Public Works (“Yuma”) entered into Contract No. 2011-2012CY.02 dated December 14, 2010, as amended, with the Contractor for the Contractor to furnish all the materials, labor and equipment necessary to provide pavement markings and related services on roadways in the County (the “Yuma Contract”). A copy of the Yuma Contract is attached hereto as Exhibit A and incorporated herein by reference. B. The Town is permitted, pursuant to Section 3-3-13 of the Town Code, to make purchases under the Yuma Contract, at its discretion and with the agreement of the awarded Contractor, and the Yuma Contract permits its cooperative use by other public entities including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging a cooperative contractual relationship between the Town and the Contractor, (ii) establishing the terms and conditions by which the Contractor may provide the Town with pavement striping and markings on various roads in the area referred to as Zone 6, as more particularly set forth in Section 2 below (the “Materials and Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 7, 2014, unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement or the Yuma Contract. 2. Scope of Work. Contractor shall provide the Materials and Services (i) under the terms and conditions of the Yuma Contract, (ii) as set forth in the Quotation, attached hereto as Exhibit B and incorporated herein by reference and (iii) pursuant to instructions from the Town. 1903131.1 2 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $17,750 for Materials and Services at the unit rates as set forth in the Quotation attached hereto as Exhibit B. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Yuma Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Yuma Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) evaluation and verification of any invoices, payments or claims based on Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (ii) evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan or Iran. For the purpose of this section the term “scrutinized business operations” shall have the 1903131.1 3 meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town determines that the Contractor submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. Contractor shall abide by and conform to any and all laws of the United States, the State of Arizona and the Town of Fountain Hills, including, but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, OSHA and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, invoices and the Yuma Contract, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Yuma Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Yuma Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Yuma Contract, the Town shall be afforded all of the rights and privileges afforded to Yuma and shall be the “County” (as defined in the Yuma Contract) for the purposes of the Yuma Contract. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the County to the extent provided under the Yuma Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the 1903131.1 4 Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. [SIGNATURES ON FOLLOWING PAGES] 1903131.1 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on March ____, 2013, by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1903131.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PAVEMENT MARKING, INC. [Yuma Contract] See following pages. 1903131.1 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PAVEMENT MARKING, INC. [Quotation] See following page. RE:2013- Fountain Hills Striping 1/31/2013 Bid Date:1/3/2013 ITEM #DESCRIPTION QUANTITY UNIT PRICE AMOUNT Estimating Department Fountain Hills- Yuma Cty. 2011-12CY.02 QUOTATION Attn: Pavement Marking, Inc. Quotation Expires in 45 Days Yellow Paint 39000 $0.100LF $3,900.0001 White Paint 48700 $0.100LF $4,870.0002 Preform Plastic (Supply & Install)18 $125.000EA $2,250.0002B Labor Charge/ per Crew Member 12 $50.000HR $600.0005B Mobilization 1 $800.000EA $800.0006B Paint Symbol (Bike Lane Marking Set)2 $125.000EA $250.00N/A 90 Mil White Thermoplastic (4" Equiv)2370 $0.700LF $1,659.00N/A#1 Preform Plastic (Install Word)2 $175.000EA $350.00N/A#2 Sales Tax- 9.9%1 $1,453.220EA $1,453.22N/A#3 Total Bid:$16,132.22 BID CONDITIONS Striping survey is required per ADOT Specification 925-3. Payment Terms Net 30 Days. A minimum of 14 days notice required prior to starting work. Our price includes a TMA for traffic control. Layout is not included. GENERAL INFORMATION Insurance:Milne Scali & Company Policy #:4016267230 General Aggregate:$2,000,000.00 ProdCmp/Ops Aggregate $2,000,000.00 Auto/Sgl Limit Liability:$1,000,000.00 Umbrella:$4,000,000.00 Workman's Comp: CNA Federal ID Numbe 86-0679854 AZ Tax #:07-412284-F Bond Rate:$8.00/1000.00 (Minimum $100.0 Contractor's License 089917, 28063 Deke DeKAY 8949 S Beck Ave Tempe Arizona 85284 480-598-0872 480-598-0873 Our Quotation Excludes the Following:Survey, Sweeping, Sales Tax, Permits, Bond, As-Built Drawings Fax** 7635 Page 1 of 1 1905306.1 RESOLUTION NO. 2013-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR REGIONAL EMERGENCY OPERATIONS MANAGEMENT AND DISASTER SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement with Maricopa County for Regional Emergency Operations Management Services (the “Agreement”) is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and 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, Arizona, March 7, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 1905306.1 EXHIBIT A TO RESOLUTION NO. 2013-12 [Agreement] See following pages. 1906310.2 1 INTERGOVERNMENTAL AGREEMENT FOR REGIONAL EMERGENCY OPERATIONS MANAGEMENT AND DISASTER SERVICES BETWEEN MARICOPA COUNTY, ARIZONA AND THE TOWN OF FOUNTAIN HILLS This Regional Disaster and Emergency Management Services Agreement (“Agreement”) goes into effect on the 1st day of July 2013 (the “Effective Date”), by and between Maricopa County, a political subdivision of the State of Arizona (“County”), and the Town of Fountain Hills, a public agency of the State of Arizona (“Public Agency”). STATUTORY AUTHORIZATION County and Public Agency are empowered by A.R.S sections 11-951 et seq. and A.R.S. section 26-308(B) to enter into this Agreement. BACKGROUND WHEREAS, there is an existing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from natural, technological, national security or other causes; and, WHEREAS, the parties mutually desire that preparation shall be adequate to provide for the common defense against disaster; and, WHEREAS, the parties mutually desire to assure the coordinated preparation and execution of emergency management programs and plans for the preservation of life and property when disasters occur in accordance with the guidance set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121-5207; Post Katrina Emergency Management Reform Act of 2006, Public Law 109‐295 ; applicable Federal Emergency Management Guides and Directives; and applicable State of Arizona Emergency Plans: NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between County and Public Agency as follows: DEFINITIONS 1. For purposes of this Agreement, the term “public agency” shall have the same definition as that contained in A.R.S. §11-951. 2. “Participating Public Agencies” means those public agencies, which have active agreements for Disaster and Emergency Management Services with County. 1906310.2 2 3. “Total Budget” means the Maricopa County Department of Emergency Management’s General Fund and Grant Fund expenditure budgets as adopted by the Maricopa County Board of Supervisors, plus baseline internal/central service charges, for the Preceding Fiscal Year. Budgeted fund balance expenditures, annual maintenance cost for the comprehensive emergency management tool and capital items are not included in the “Total Budgeted” calculation. 4. “Local Budget” means the Total Budget less any contributions or reimbursements to that budget from the federal government. 5. “Preceding Fiscal Year” year immediately proceeding the fiscal year for which a participating public agency’s annual assessment is being determined. Annual Assessments are based on the proceeding year’s Local Budget. For example, a public agency’s annual assessment for FY2013 is based on the Maricopa County Department of Emergency Management’s Local Budget for FY2012. 6. “Capital Items” means fixed assets such as furniture, computers, etc., which shall remain the property of the County. Capital items will physically remain with County, which shall bear the risk of damage thereto or loss thereof. 7. “Population” means the most recent U.S. census figure for each Participating Public Agency. This figure is normally calculated every 10 years, but if a supplementary census is conducted out of the 10 year cycle, the supplementary census numbers will be used, provided that all participating public agencies are included in the supplementary census. TERMS OF AGREEMENT 1. County Obligations County shall: a. Prepare and maintain a county Emergency Operations Plan or Plans (“EOP”) with due consideration of hazards that affect all areas in the County. b. Advise and assist Public Agency in the development, review, publication, and distribution of an EOP developed by Public Agency. c. Advise and assist Public Agency in the development, review, publication, and distribution of a Multi-Hazard Mitigation Plan. d. Advise and assist Public Agency in development, review, publication, and distribution of a Community Wildfire Protection Plan. e. Advise and assist Public Agency with the disaster and emergency management training of such employees as Public Agency shall designate. 1906310.2 3 f. Provide and maintain a coordinated countywide emergency management program for extraordinary operational systems not provided for in normal governmental operations, including: Warning Systems, Communications System, comprehensive emergency management and planning, and an Emergency Operations Center. g. Provide and maintain, and issue access to a comprehensive emergency management software tool to expedite the emergency operations center processes. h. Develop and maintain a countywide comprehensive electronic interactive resource database of government owned and other resources available for use in the event of a disaster. i. Provide assistance in obtaining Federal or State funds available to Public Agency for emergency management and disaster purposes. j. Advise and assist Public Agency in the timely preparation of reports and other papers required by the state or federal governments. k. Offer coordination assistance to Public Agency in the event of a disaster affecting Public Agency. l. That the county EOC may act as a backup EOC for partner cities. m. Assist Public Agency in conducting exercises scheduled by Public Agency to test its disaster response capability. n. Advise and assist Public Agency with emergency planning, training and exercises for schools and health care facilities. o. Advise and assist Public Agency in complying with the provisions of Title 26, Chapter 2, Arizona Revised Statutes, and State policies and procedures. p. Advise and assist Public Agency with public awareness and education including but not limited to: (1) providing disaster response pamphlets/handouts to Public Agency emergency management personnel for later distribution to the public. (2) delivering disaster response pamphlets/handouts to libraries, community centers, and senior centers located in Public Agency. (3) giving oral presentations on disaster and emergency-related subjects to schools, civic groups and similar organizations. (4) setting up and staffing information booths at fairs, safety days and similar events. q. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than March 1 of the Preceding Fiscal Year. 1906310.2 4 r. Assist Public Agency with other disaster and emergency management programs as may be agreed upon. 2. Public Agency Obligations Public Agency shall: a. Develop, publish and distribute an EOP which is complementary to and compatible with County’s EOP. b. Develop and conduct such emergency management training programs and exercises as it deems necessary. c. The Public Agencies EOC may act as a backup to the County if they need an alternate location. d. Collect and provide disaster and emergency management information when so required by the state or federal government. e. During each fiscal year (July 1 to June 30) of the term of this Agreement, pay to County an annual assessment to be determined as follows: (1) County will pay 50% of the Local Budget plus that portion of the Local budget allocated to Capital Items. (2) The remainder of the Local Budget will be paid by the participating public agencies. (3) Public Agency’s annual assessment shall be determined by dividing Public Agency’s Population by the Total Population of the participating public agencies and then multiplying the quotient by that portion of the Local Budget allocated to the participating public agencies in the preceding paragraph. (4) Public Agencies will pay a fixed amount based on the actual annual maintenance cost of comprehensive emergency management tool. The total annual maintenance will be divided by all Participating Public Agencies equally. 3. This Agreement supersedes any and all agreements, either written or oral, between the parties hereto with respect to the subject matter contained herein and contains all the covenants and agreements between the parties with respect to the rendering of disaster and emergency management services. Except as otherwise provided herein, any effective modification must be in writing signed by both parties. 4. The parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. §38-511. 1906310.2 5 5. In the event of any controversy, which may arise out of this Agreement, the parties agree that the matter shall be arbitrated as provided in A.R.S. §12-1518(A). The method of arbitration and the selection of arbitrators shall be decided by the mutual agreement of the parties at such time as arbitration services are needed. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. 6. The term of this Agreement shall commence on the Effective Date and continue until June 30, 2018, unless sooner terminated as provided herein. The Agreement may be terminated by either party giving written notice of such intention to the other party not less than ninety (90) days prior to June 30 of the year during which the notice is given, which shall be the effective date of the termination. 7. To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant to each Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S. §23-214(A). a. A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement. b. All of the Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement or any related subcontract to ensure compliance with the warranty given above. c. Any Party may conduct a random verification of the employment records of any other Party to ensure compliance with this warranty. d. A Party will not be considered in material breach of this Agreement if it establishes that it has complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A). e. The provisions of this Article must be included in any contract either Party enters into with any and all of its contractors or subcontractors who provide services under this Agreement. 8. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, each Party certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran. 9. To the extent permitted by law, each Party does hereby covenant and agree to indemnify, defend, and hold harmless the other Party, their elected officials, appointees, officers, employees, contractees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this 1906310.2 6 Agreement which, are the result of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement. Failure of a Party to comply with the terms of this Agreement shall not provide the basis of any third party action against any of the Parties. 10. Pursuant to A.R.S. §23-1022(D), for the purposes of worker’s compensation coverage, all employees of each Party covered by this Agreement shall be deemed to be an employee of all Parties. The parent agency shall be solely liable for payment of worker’s compensation benefits. 11. Any notices required or permitted to be given hereunder by either party to the other may be given by personal delivery in writing or by registered or certified mail, postage prepaid, with return receipt requested. Notices shall be addressed to the parties at the addresses appearing below, but each party may change such party’s address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of three (3) days mailing. Notices shall be addressed as follows: To County to the attention of: To Public Agency to the attention of: Director Kenneth Buchanan Maricopa County Department of Town Manager Emergency Management Town of Fountain Hills 5630 East McDowell Rd 16705 E. Avenue of the Fountains Phoenix, AZ 85008 Fountain Hills, AZ 85268 12. If any provision of this Agreement is held by a court of competent jurisdiction or applicable state or federal law and their implementing regulations to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 1906310.2 7 Dated this day of , 20 Dated this day of , 20___ _________________________ For Town: For County: Linda Kavanagh Andrew Kunasek Mayor Chairman, Board of Supervisors The undersigned attorneys for the respective parties each hereby certify that they have reviewed this Agreement and find that it is in proper form, and within the power and authority granted to their respective clients under the laws of the State of Arizona. _________________________ Andrew J. McGuire David Benton Town Attorney Deputy County Attorney ATTEST: ATTEST: _________________________ Beverlyn J. Bender Fran McCarroll Town Clerk Clerk of the Board Fountain Hills Town Prosecutor 10105 E. Via Linda, #103-346 Scottsdale, Arizona 85258 480-483-2404 townprosecutor@gmail.com February 26, 2013 The Hon. Linda Kavanagh Members of the Town Council and Ken Buchanan, Town Manager Thank you for the opportunity once again to discuss the work of the Town Prosecutor’s Office. We are very proud of the work we do for the people of Fountain Hills and welcome every opportunity to talk about it. The issue before the council is whether or not to place the Town Prosecutor contract out to public bid. This is the third time in as many years that this question, in one form or another, has been brought before you. In the spring of 2011, the town’s budget committee examined this question and determined that the town was being well served by the current arrangement with my firm. They recommended that the current contractual arrangement be continued. In the spring of 2012, the Town Council considered this issue and unanimously (minus Councilman Elkie who absented himself from that part of the meeting and Councilwoman Hansen who was ill) voted to continue with the current contractual arrangement. My associate, Ken Holmes, and I greatly appreciated that vote of confidence. The issue of putting the prosecutor contract out to bid raises two threshold questions: - Is the town satisfied with the quality of the current services? - Is the town satisfied with the cost of the current services? If these questions are answered in the affirmative, there is no reason or logic in putting the contract out to bid, which is a time consuming and costly process. If either of these questions are answered in the negative, then there may be cause to look more closely at the issue. The analysis also requires consideration of quality versus cost (i.e., is the town willing to sacrifice quality solely to obtain prosecution services at a lower cost). The vast majority of the work done by the Town Prosecutor, and indeed, most of what takes place in the Municipal Court, goes unseen by the council and by most of the public. Nonetheless, the work we do has a tremendous impact on the community and an even greater impact on the people who come through our municipal court system. This includes victims of crime, witnesses, law enforcement personnel and the defendants themselves. The Town Prosecutor is, by definition, the chief law enforcement officer in Fountain Hills. This is an important position because the policies and actions of the Town Prosecutor have a direct Mark Iacovino 2  impact on the quality of life in the community. This is not the type of job that should simply be given to the lowest bidder. If the prosecutor contract is put out to bid, it is quite likely, in today’s economy, that you will find licensed attorneys who will offer to do the job at an even lower cost than the current contract (as discussed below, the current cost to the town is remarkably low). Will that possible savings be in the best interest of the people of Fountain Hills? Will that “lowest bidder” be available to law enforcement and town staff 24 hours a day, seven days a week? Will that “lowest bidder” give each case due consideration? Will that “lowest bidder” be fully prepared in each and every case? Will that “lowest bidder” possess in depth knowledge of the community, its people, its issues and its priorities? These are all questions that must be carefully considered before embarking down the road to installing a new Town Prosecutor. I have been told repeatedly by town staff, Judge Eisenberg, and members of this council that the quality of the services provided by my firm is not at issue. Again and again, we have gone the extra mile to insure that the interests of justice, fairness and economy are served in every case that we prosecute. We take great pride in performing our job with the highest standard of professionalism and ethics. What, then, about the cost of our services? In order to put the current cost of prosecution services into perspective, we need to look at our 22-year history with the town. When we began serving the people of Fountain Hills as their Town Prosecutor in 1990, we were paid on an hourly basis at a rate of $85.00 per hour. The town was much smaller in those days and the Town Court’s caseload was relatively light. As the town grew, so did the responsibilities of the Town Prosecutor. After a few years, the cost of prosecution was rapidly approaching $10,000 per month and continued to rise. In 1994 or 1995 (I really don’t remember when), Town Manager, Paul Nordin, proposed that we convert our billing to a flat rate of $100,000 per year. That made good sense for the town and, for a variety of reasons, made good sense to us as well. For 8 or 9 years, the responsibilities of the prosecutor continued to increase, but our fee did not. In 2003, the council increased our fee to $110,000 per year. We have held our fee steady at that amount up through the current fiscal year. Over the past 10 years, the Municipal Court’s caseload has fluctuated up and down. Over the past two and a half years, we have seen a substantial decrease in court filings due to productivity issues within the Sheriff’s Office that have yet to be squarely addressed. The prosecutor’s responsibilities, however, do not directly correlate to caseload numbers. The hours put in by my associate and me are more dependent upon the types and complexity of cases coming through the court (i.e., cases involving scientific evidence, cases involving victims, cases in which defendants are represented by counsel, etc.). That being said, the hours required of the prosecutor and hourly rate of pay are generally as follows: Mark Iacovino 3  - At the Town Court’s highest caseload levels: 190 – 200 hours of attorney time per month (45 – 50 hrs. per week) = $46.00 to $48.00 per hour. - At the Town Court’s lowest caseload levels: 126 – 147 hours of attorney time per month (30 – 35 hrs. per week) = $62.00 to $72.00 per hour. - Market Rate for contract prosecution services: $100.00 to $125.00 per hour. These numbers reflect that the town is currently paying substantially less per hour for prosecution services that it paid in 1990. We have held our costs to a bare bones minimum for a number of reasons. We are keenly aware that the town has gone through periods of economic difficulty (including the past several years) and we wish to do our part in easing the town’s financial burdens; we have succeeded through implementation of more efficient systems to do more for less; we genuinely care about the Town of Fountain Hills and its people – particularly its young people; and, we enjoy our relationships with local law enforcement and town staff. It is my sincere hope that on Thursday night, March 7th, we will once again be given a vote of confidence by this council. For the past 22 years, we have provided the town with an exceptional value for top quality prosecution services and we hope to continue doing so for years to come. Sincerely, /s/ Mark S. Iacovino Fountain Hills Town Prosecutor Excerpt from the 6/28/90 Council Meeting Minutes: AGENDA ITEM #9 - APPOINTING A PROSECUTER FOR THE COURT Mr. Farrell stated that an ad had been run in the local paper about a month ago seeking possible candidates for the office of Town Prosecuter but no local responses had been received. He said they did have a response from the firm of Iacovino and Kayler from Scottsdale which currently has the contract with both the towns of Carefree and Cave Creek. He said the rate is $55.00 per hour with a monthly minimum retainer of $500.00 per month against which the town would be billed. Both attorneys are experienced in this area and Mr. Farrell recommended that as long as no one came forth locally for this position, that the town retain the firm of Iacovino and Kayler to handle prosecution in the town court. Mayor Cutillo stated that one person had applied but that he was fully employed in another community. The Mayor made a MOTION to accept Mr. Farrell's recommendation. SECONDED by Councilman Minarsich and CARRIED unanimously. DAN I E L R Y A N W A Y D R I V E R Y A N W A Y F O U N T A I N H I L L S B O U L E V A R D R Y A N W A Y F O U N T A I N H I L L S B O U L E V A R D CRYS T A L EL L A G O B O U L E V A R D POINT MA R Y M U N D E CR Y S T A L HI L L S DRIV E E L L A G O B O U L E V A R D DRIVE Fountain Hills Presbyterian Church 13001 N. Fountain Hills Blvd Location Map ANTENNA LOCATION APPROVE the Special Use Permit To allow AT&T Wireless Communications to increase the height of a 36’ tall church tower to 51’ in order to house wireless antennas inside at 13001 N. Fountain Hills Blvd. Case #SU2012-01 2/25/13 Leag ue of Arizona Cities and Towns - Leg islative Bulletin www.leag ueaz.org /bulletin/13/130222/index.cfm?a=print 1/3 Issue 7 - February 22, 2013 Legisla tiv e Ov erv iew To day marks th e deadline e stablishe d by ru le for legislatio n to be he ard in c o mmitte e in th e hou se o f o rigin. Give n this sign ific an t de adlin e , le gislative c o mmittee agen das we re lo ade d with bills for c o nside ration . M an y c o mmittee s wen t late into th e even in g hou rs an d a n umber o f c o mmittee s he ld spec ial mee tin gs so that the y c o u ld hear mo re bills with in the allotted time frame. As a r e su lt, the Le ague registered its po sition as we ll as testified o n a n umbe r o f bills this we ek. This inc re ase d ac tivity is re fle c ted in th e le ngth o f th is wee k's Le gislative Bulle tin , wh ic h c an be expec te d to dimin ish in c o ntent as the se ssio n pro gre sse s. Th e ne xt no table de adline will no t o c c ur fo r anoth e r mo nth. M arc h 22 will mark th e last day to h ear le gislatio n in stan din g c o mmittee s, e xc luding the Ru les an d Appro pr iatio ns Co mmitte e s. Cha nges to T ra nsa ction Priv ilege T axes HB 2657 (tran sac tio n pr ivile ge tax c h ange s) was he ard o n M o nday afte rnoo n in th e Ho use Ways and M ean s Co mmitte e . After fo u r h o u rs o f te stimo n y fro m oppo n en ts and pro po ne n ts o f th e bill, th e c o mmittee passe d ou t th e bill u n animo usly o n an 8-0 vo te. It is impo rtant to n o te ho wever, th at the th re e De mo c rat repre se ntative s o n th e c o mmitte e , Re p. Galle go , Re p. Card e nas and Rep. Whe e ler explaine d th at if the bill r e maine d in its c u rre nt fo rm, they wo u ld vote again st it if it reac h es the Ho use Flo o r for a vo te . HB 2657 was also assigne d to the Ho use Appro priatio n s Co mmitte e and has ye t to be sc he du le d fo r a h earing. We want to than k M ayo r Sc h o af o f Litc hfie ld Park, M ayo r Pric e o f M ar ic o pa an d M ayo r Wo lc o tt o f Su rprise fo r ably te stifyin g to th e gre at c o nc e r n s c ities an d to wn s h ave with th e me asure. Ta xes on Com mercia l Lea ses Bo th SB 1028 (munic ipal TPT exemptio n; le ase s; o wne rship) and HB 2324 (mun ic ipal tax c o de; lease s) passed o ut o f their h o use of o rigin an d are awaitin g ac tio n in th e o ppo site c hambe r . Th e goal o f bo th bills is to e xpand upo n legislatio n passe d in re c en t ye ars to e xe mpt lease transac tion s betwee n en tities th at share at le ast 80 pe rc en t c o mmo n o wnership fro m c o mmerc ial le ase tax. SB 1028 c urre ntly c o n tain s langu age th at is more c o mple te an d we are wo r kin g with th e spo nso r o f HB 2324 to adopt th e same langu age. Tra nsportation Funding HB 2594 (lo c al transp o r tatio n assistan c e fu nd; re sto ratio n ) re-e stab lish e s the Co u n ty Assistanc e Fu n d, the Lo c al Tran spo r tatio n Assistan c e Fu nd (LTAF), th e Loc al Tr an spo rtatio n Assistanc e Fund fo r M ass Transit, an d th e Arizo na State Parks Bo ard Heritage Fu nd. Spo n so red by Rep. Ethan O rr (R - Tu c so n), the measure also presc ribe s th e allotme n t o f fu nds t o mu n ic ipalitie s o n a po pu latio n base d revenu e sh arin g system and th at c ities and to wns may use 2/25/13 Leag ue of Arizona Cities and Towns - Leg islative Bulletin www.leag ueaz.org /bulletin/13/130222/index.cfm?a=print 2/3 10% o f the ir fu nds fo r c ertain n o n-tran sit se rvic e s. O n Fe bruary 18th th e bill passed th e Ho use Ene rgy, En viron men t and Natu r al Re so urc e s Co mmittee by a un animou s vo te , an d now go e s o n to the Ho use Appro priatio ns Co mmitte e. Election Cha nges O n Tu esday, February 19, the Hou se Go ve rn ment Co mmittee passe d HB 2527 (ele c tio n s; revisio ns) o n an 8-0 vo te . Amo ng o th er c hange s, the bill, spo n so r e d by Rep . M ic h elle Uge nti (R- Sc ottsdale) autho rizes mu nic ipalities to len gth en o r sh o rte n th eir te rms in o r der to tran sitio n to c andidate e le c tio n s in the fall o f e ve n ye ar s. The bill also modifie s munic ipal in c o rpo ratio n statu te s ac c o rdin gly. The c o mmittee ado pted an amen dme n t to pro vide mun ic ipalitie s with th e ir "ho me rule " autho rizatio n e xpiring in th e spring o f 2014 the o pportunity to mo ve th o se ele c tio n s to the fall o f 2014 withou t su ffe ring h armful c o n se que nc e s. Th e Le ague testified in favo r o f the bill and th e amen dme n t, su ppo rtin g th ese key c h an ges to en su r e th e smoo th est tr an sitio n to a c o n so lidated ele c tio n sc he dule . Th e Le ague thanks Rep. Ugen ti for sp o nso ring HB 2527 an d th e ame nd me nt. G uns in Public Buildings HB 2554 (fire arm regu latio n; state pr e emptio n) passe d o u t o f th e Ho u se Public Safety, M ilitary and Regu lato ry Affair s Co mmitte e by a vo te o f 5-2. The measure stipulates state wide gun lo c ke r storage an d sign age re qu ire me nts, as well as pe nalties fo r en te r in g public establishme nts th at ban firearms. The Leagu e is o ppo se d to HB 2554, wh ic h now go e s on to th e Ho u se Ru les Co mmitte e. Ineligible Employees HB 2562 (public retireme nt systems; in e ligible emp lo yee s) plac e s e mplo ye es in eligible fo r ASRS an d PSPRS into a de fin e d c o n tribu tio n plan un der ASRS and expands th e definitio n o f membe r u nde r PSPRS. Th e Le ague is n eutral o n the bill be c ause the de finition s n ee d fu rthe r develo pmen t, but we su ppo rt the e ffo r ts o f th e spo n so r and lo o k fo rward to reac h ing a bill the Le ague c an support. Th e bill passed th e Ho use Insuranc e an d Retireme n t Co mmitte e on a 6-2 vo te on Tu e sday, Fe bruary 19. The Leagu e than ks th e spo nso r, Rep. Bo b Ro bso n (R-Chan dler) fo r his leadersh ip o n th is issue an d willingn ess to brin g stake h o lders to ge th e r to c raft a so lu tio n to emplo ye e s that may c u rre n tly be en ro lled inc o rre c tly into a state pe nsio n system. Photo R ada r Th e Ho u se Co mmitte e o n Transportatio n heard two bills re late d to th e photo en fo rc e ment o f traffic laws o n Th ursday. HB 2579 (p h o to radar pro hibitio n) so ugh t to ban all pho to e nfo rc eme nt pro grams in th e state. The bill, whic h is o ppo se d by th e League , failed to pass th e c o mmittee o n a 2-4 vote. Ho we ve r, HB 2292 (ph o to radar c itatio n s; se rvic e times) passe d ou t o f c o mmittee. Th is bill pro po se s to limit the servic e times fo r ph o to radar c itatio n s to be twe en 9:00 am and 5:00 pm. Th e spo nso r o f the bill, Re p. Ste ve Smith (R-M aric o pa), agre e d to work o n so me amen dmen ts as th e bill moves fo rward. UN Rio Decla ra tion O n M o n day, the Se nate Go vernmen t an d Enviro nme nt Co mmittee passe d SB 1403 (Un ite d Natio ns Rio dec laration ; proh ibitio n ) by a vote o f 4-3. Th e bill, spo nso red by Se n . Judy Burges (R-Sun City We st) proh ibits the state an d its po litic al subdivisio ns fro m ado pting o r imple menting "the c ree d, doc trin e , princ iples o r an y ten et" o f th e 1992 Un ite d Natio ns Rio Dec laratio n o n Enviro nme n t and Develo pmen t. The bill also spe c ific ally ide ntifie s a n umbe r o f organ izatio n s with wh ic h Arizo na politic al en tities are pro hibited fro m affiliatin g. The Le ague o ppo ses th e le gislation , base d o n its ambigu o us lan guage, p o te ntial fo r un in te nde d negative c o n se que nc e s an d pro spec tive impac ts o n mun ic ipal initiative s. Dedica ted Property Ta x O n Wedn esday, Feb ru ary 20, the Se nate Fin anc e Co mmittee adopte d a strike-e ve r yth ing amen dme n t o n SB 1470 (bo n d c o ntrac ts; tec hn ic al c o rre c tio n ). The strike-everything amen dme n t allo ws to wn s to see k permissio n fro m th e vo ters to le vy a pro p e r ty tax to pay th e c o sts o f pro vidin g po lic e , fir e an d emergen c y medic al se rvic e s. The Leagu e 2/25/13 Leag ue of Arizona Cities and Towns - Leg islative Bulletin www.leag ueaz.org /bulletin/13/130222/index.cfm?a=print 3/3 suppo rts th e ame nd me nt as pro vides to wn s with an o the r metho d fo r payin g fo r pu blic safety an d e mergen c y servic es. The amen de d bill passed o n a 7-0 vo te. Other Bills of Note (All b ills bein g ac tively mo nito red by th e Le ague c an b e fo un d h ere.) Bi ll Number - Short Ti tl e - Subject(s) HB 2138: mu nic ipalitie s; right-o f-way; tr an sfer - ann exatio n HB 2347: tax le vy; bo nd c o sts - finan c e HB 2443: c itie s; c o un tie s; re gulatory re vie w - re gulatio n s HB 2608: EO RP; c losu re ; de fin ed c on tribu tio n - pensio n SB 1103: c harter sc h o o ls; zo ning pro c e du re s - regu latio ns SB 1210: munic ipalities; mu nic ipal po lic ie s; shared reven u es - gen eral go ve rn ment SB 1231: public build in gs; c o nstru c tio n ; in demn ity - ge ne ral go vernme n t SB 1278: h o me o wne r s' asso c iation s; p u blic ro adways- HO A SB 1321: re sidential e ne rgy e ffic ien c y; bu ilding c odes - r e gulation s SB 1454: c ampaign fin anc e ; in-kin d c o n tribu tio ns; disc lo sures - ele c tio n s Legis lative Bulletin is p ublished b y the League of Ar izona Cities and Towns. For war d your comments or suggestions to league@azleague.or g. 3/5/13 Leag ue of Arizona Cities and Towns - Leg islative Bulletin www.leag ueaz.org /bulletin/13/130301/index.cfm?a=print 1/3 Issue 8 - M arch 1, 2013 Legisla tiv e Ov erv iew To day marks the 47th day o f the First Re gular Sessio n o f the 51st Le gislatu re . This we e k saw light c o mmitte e age ndas as th e fo c us of bo th c h ambers turn e d to flo o r ac tio n in o rder to mo ve bills into the o ppo site c hamber fo r furthe r c o nside ratio n . Bec ause o f last week's deadline, the Leagu e has bee n able to redu c e the amo unt o f le gislatio n we are mo nito ring. To day 160 bills are be in g ac tively trac ke d th e Le ague 's Le gislative Divisio n . Cha nges to T ra nsa ction Priv ilege T axes HB 2657 (transac tio n privile ge tax c h an ges) is c urren tly available to be he ard in th e Ho u se Appropriatio n s Co mmittee , bu t has ye t to be sc he dule d for a h e ar in g. O utside o f th e legislative pro c ess, c ommu nic atio n betwee n stakeh o lde r s has inc re ase d. Th e Leagu e takes th e se disc u ssion s as a po sitive de ve lo pme nt an d in dic ative o f a willin gne ss by all parties to disc uss alte r n ative solu tio ns. It is ve ry like ly th at n ews and u pdates may c o me very qu ic kly du rin g th e c o ming we eks, so it is impo rtan t to b e atte ntive to c o mmu nic atio ns fro m the League regardin g this issu e. Election Cha nges O n Th u r sday, Fe bruary 28, HB 2527 (e le c tion s; revisio ns) passe d o ut o f CO W with the Govern me nt Co mmitte e amen dme n t fo rmally ado pte d and su bsequ en tly passe d o ut o f the Ho u se by a vo te o f 52-3. Amon g oth e r c h anges, th e bill, spo nso red by Re p. M ic he lle Uge nti (R- Sc o ttsdale ) au thorizes mu nic ipalities to le n gthen o r sh o rte n their te rms in ord e r to transitio n to c andidate e lec tio ns in the fall o f e ve n ye ar s. Th e bill also mo difie s mu nic ipal in c o rpo ratio n statu te s ac c o rdingly. Th e amen dme n t pr o vides mun ic ipalitie s with th e ir "ho me rule " autho rizatio n e xpiring in th e spring o f 2014 th e o ppo r tu nity to mo ve th o se ele c tio n s to the fall o f 2014 witho ut su ffe rin g financ ial pe nalties. Th e Leagu e stro ngly suppo rts the bill as the se key c han ge s will e nsure the smo othe st transitio n to a c o nsolidate d ele c tio n sc he dule . The Leagu e than ks Re p. Uge nti fo r he r spo nsorship and suppo rt. Regula tory Reform O n M o n day, Fe bruary 25, the Ho use passed HB 2443 (c itie s; c ou nties; regu lato ry re vie w) by a vo te o f 60-0. Th e measu re , spo nsored b y Re p. O lson (R- M e sa), c o ntain s nu mero us c h an ges to the statu te s go verning the issu anc e o f lic e nses and permits fo r c itie s, to wns, c o unties an d flo o d c o ntro l distric ts. Th e lan gu age represe n ts c o o peratio n be twe en bo th busine ss an d go ve rn men t to pro vide me anin gful c h ange s while maintain in g pro per pro te c tio n s fo r th e regu late d c o mmun ity. Th e Le ague suppo rts the bill as a gr e at c o llaborative e ffo rt to br in g greater c lar ity to th e re gu lato ry sc he me c reate d by Laws 2010, Ch apter 312 (SB 1598). This issu e is also a Leagu e Reso lu tio n fo r 2013. Th e Leagu e than ks Rep. O lso n fo r h is suppo rt as we ll as the e ffo rts o f th e Arizo n a Ro c k Pro duc ts Asso c iatio n , Ho mebuilde r s Asso c iation o f Ce ntr al Arizo na and th e Co u nty Superviso rs Assoc iatio n fo r the ir willingn e ss to work o n th is legislatio n. 3/5/13 Leag ue of Arizona Cities and Towns - Leg islative Bulletin www.leag ueaz.org /bulletin/13/130301/index.cfm?a=print 2/3 Ineligible Employees HB 2562 (public re tire me nt systems; in e ligible emplo yee s) plac e s e mplo ye es ine ligible fo r th e Arizo na State Re tire me nt System (ASRS) and the Public Safety Pe r so n ne l Retire men t Syste m (PSPRS) in to a defin ed c o n tribu tio n plan u nde r ASRS an d e xpan ds the de fin itio n o f member u nde r PSPRS. Th e League is n eu tral o n th e bill bec ause th e de fin itio n s n eed furth er develo pmen t, but we su pp o r t th e efforts o f th e spon so r an d lo o k fo rward to re ac h ing an agree me nt that all par tie s c an su pp o r t. Th e bill p assed o u t o f Ho u se CO W o n Thu rsday, Febr u ar y 28 with an amen dme n t to c larify that the c h ange s in th e bill do n o t impac t the PSPRS e ligibility fo r people e ligible fo r th e Co rre c tio nal O ffic er Re tireme nt Plan . Th e League th anks the spo n so r, Rep. Bo b Ro bso n (R-Chan dler) fo r his leadersh ip o n this issue and willin gne ss to bring stake ho lders to geth e r to c raft a so lu tio n fo r e mplo ye es th at are at risk o f lo sing th eir c u r re n t pe nsio n eligibility. Sta te Pa rks HB 2621 (fun d; state parks; ro ads; fe e ) passed th e Ho use Appro priatio ns Co mmittee o n We dn esday by a vo te of 8-1. Spo nso red by Rep. Ju an Carlo s Esc amilla (D - San Lu is) the measu re wo u ld plac e a vo lun tary fee o n to vehic le registratio n s fo r the purpo se o f fun din g state parks. Alth o u gh th ere are still so me details to iro n o u t, the Leagu e suppo rts th is bill as it is in ke epin g with o ne of this ye ar's Re so lutio n s. HB2621 n o w pr o c e e ds to Ho use Rule s. Dedica ted Property Ta x Th e Se nate Co mmitte e o f the Wh o le appro ved SB 1470 (bo nd c o ntr ac ts; te c hn ic al c o rrec tion ) with th e strike - everythin g ame ndme nt. Th e bill allo ws to wns to see k pe rmission fro m th e vo ters to levy a pro perty tax to pay th e c o sts o f pro viding po lic e, fire and e mergen c y me dic al servic es. Th ere are still so me o u tstanding issue s th at ne ed to be ad dr e sse d to ensu re pro per imple men tation , but o ve rall th e Le ague su ppo rts the bill. Rev enue Allocation Districts HB 2456 (reven ue allo c atio n distric ts) passed th e Ho use o f Repre se ntative s o n Thu r sday by a 39-17 vo te. The bill, spon so r e d by Repre se ntative Phil Lo vas (R-Peoria), autho rizes c o mmun itie s to finan c e de velopmen t fo r a spec ific area ac c o rding to a c itize n appro ve d de ve lo pme nt plan. Spec ific ally, it allo ws c ommu nities to c apture inc re mental loc al pro perty tax re ve n ue s and lo c al sales tax reven ue s to fund de ve lo pme nt pro je c ts within th e bo u n daries o f th e mun ic ipalitie s in wh ic h th ey are loc ate d. Th e Le ague has a re so lutio n su ppo rtin g this issu e. Residentia l Building Codes SB 1321 (r e siden tial e n ergy e ffic ienc y; bu ilding c odes), spo n so re d by Sen ato r Gail Gr iffin (R-Sie rra Vista), passe d th e Sen ate 18-10 on M o nday. This bill de c lare s en ergy e ffic ienc y reside n tial bu ildin g c o des a matte r o f statewide c o nc e r n an d pro hibits po litic al su bd ivisio n s from furthe r re gulating en e r gy c o nsump tio n and effic ien c y in ho me s. An amen dme n t was ado p te d last we ek in an e ffo rt to ac c o u n t fo r the state 's dive rse c limate zo ne s, but the bill direc ts the c o u n tie s to define th e c limate zo n es. This pro visio n is partic u larly pro blematic fo r ju risdic tio ns that o verlap diffe re n t c o unties sin c e part of the ir c ity c o uld be u nde r o ne standard and an o th er part un der a differen t stan dard. De spite th e pro po ne nts' effo rts to impro ve th e bill it c re ate s new problems and falls sh o rt o f addressing the primary c o nc e rn o f main tain ing au th o rity over wh at has traditio n ally be e n exc lu sive ly a lo c al matter. M unicipal Policies O n M o n day, Febru ar y 25, the Senate faile d to pass SB 1210 (mun ic ip alitie s; mun ic ipal po lic ies; shared r e ve nu es). Th e bill, spo nso red by Re p. Judy Burges (R- Sun City We st), re quires th e O mbudsman-Citize n's Aide or an in dependen t audito r to investigate c o mplain ts o f a mun ic ipality vio latin g its perso n n el o r purc h asin g po lic ies. Vio latio ns result in at le ast 10% o f a mu nic ipality's state sh ar e d revenu e bein g withh eld u n til the e ntity is dee med to be in c o mplianc e with th e ir po lic ies. Th e Le ague was o ppo sed and than ks th e sen ato r s wh o vo te d again st th e me asu re . Other Bills of Note 3/5/13 Leag ue of Arizona Cities and Towns - Leg islative Bulletin www.leag ueaz.org /bulletin/13/130301/index.cfm?a=print 3/3 (All b ills bein g ac tively mo nito red by th e Le ague c an b e fo un d h ere.) Bi ll Number - Short Ti tl e - Subject(s) HB 2113: mu nic ipal an n exatio n ; size; exc e ptio n - gen e r al go vernme nt HB 2608: EO RP; c losu re ; de fin ed c on tribu tio n - pensio n SB 1103: c harter sc h o o ls; zo ning pro c e du re s - regu latio ns Legis lative Bulletin is p ublished b y the League of Ar izona Cities and Towns. For war d your comments or suggestions to league@azleague.or g.