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44. PEAK PERFORMERS PROGRAM FOR CALENDAR YEAR 2009 Renew the Peak Performers Program (also known as the Spot Award Program) as a continuing employee recognition program for FY 2008-09, to allow for the purchase of American Express Gift Cards (02059-RFP) in denominations of 25 points, for a total of 175 points per FTE, with a maximum award of 50 points per employee per event; for both General Fund and Non-General Fund departments, with total program cost of not-to-exceed $2,340,165: $1,219,643 General Fund and $1,120,522 Non-General Fund. These gifts cards have no cash value. The General Fund portion of $1,219,643 is budgeted in Dept (470) Fund (100) Org (4712) Other Programs line item "Workforce Development Peak Performers" split between operating (0000) and Non-Operating (0001). The Non General Fund portion of $1,120,522 must be absorbed in the other funds budgets by Departments. The program year will cover the period from December 1, 2008, through December 31, 2009.Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $950,000 from FY 2008-09 Non-Departmental (470) General Fund (100) Other Programs (4712) Non-Recurring (0001) line item “Executive Compensation/Deferred Compensation” to a new line item in Non-Departmental (470) General Fund (100) Other Programs (4712) Non-recurring (0001) entitled “Workforce Development Peak Performers.” (C-31-09-003-6-00)

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26. AMEND PEAK PERFORMERS PROGRAM FOR CALENDAR YEAR 2009 Amend maximum point award per employee from 50 points to 100 points per employee, per event, based on legal advice that this increase will not violate the gift clause, so long as all other requirements for issuance of the points are met. All other components of the program remain unchanged. There may be tax consequences for employees for any points issued through this program. The program year will cover the period from December 1, 2008, through December 31, 2009. (C-31-09-003-6-01)