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HomeMy WebLinkAbout2022.1004.TCRM.Packet       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Gerry Friedel Councilmember Sharron Grzybowski Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, OCTOBER 4, 2022 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 Commission, Committee or Board members 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.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council.           NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.PROCLAMATION: October 16 - 22, 2022, as Arizona Cities & Towns Week.    B.PROCLAMATION: October 9 - 15, 2022, as Fire Prevention Week.    C.PROCLAMATION: October 2022, as Breast Cancer Awareness Month.    D.PROCLAMATION: October 2022, as Domestic Violence Awareness Month.    5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), 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.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion 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, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of      Town Council Regular Meeting of October 4, 2022 2 A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of September 6, 2022; Approval of the minutes for the Work Session of September 6, 2022.     B.CONSIDERATION OF ADOPTING RESOLUTION 2022-42, An Intergovernmental Agreement With Salt River Pima Maricopa Indian Community.     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Site plan and building elevations for the International Dark Sky Discovery Center to be located next to the library at 12845 N. La Montana Dr.     B.CONSIDERATION AND POSSIBLE ACTION: Approval of Contract 2023-034 with Musco Sports Lighting, LLC.     C.CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit to allow residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro Blvd. and Kingstree Blvd.       D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-40 approving an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County (FCDMC) for design and construction of drainage improvements at the Grande Boulevard/Rosita Drive Drainage Channel.     E.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-41 approving an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County (FCDMC) for design and construction of drainage improvements at Deuce Court.     F.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services for Drainage Improvements.     G.CONSIDERATION AND POSSIBLE ACTION: Town Council discuss and provide direction to staff on preferred service delivery options for fire and emergency medical services based on the recently completed Fire Services Evaluation.     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     10.ADJOURNMENT      Town Council Regular Meeting of October 4, 2022 3 10.ADJOURNMENT         CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2022. _____________________________________________  Linda G. Mendenhall, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the 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.    Town Council Regular Meeting of October 4, 2022 4 ITEM 4. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: October 16 - 22, 2022, as Arizona Cities & Towns Week. Staff Summary (Background) Mayor Dickey will be proclaiming October 16 - 22, 2022, as Arizona Cities & Towns Week. Attachments Arizona Cities & Towns Week Proclamation 2022  Form Review Inbox Reviewed By Date Finance Director David Pock 09/21/2022 11:22 AM Town Attorney Aaron D. Arnson 09/21/2022 12:59 PM Town Manager Grady E. Miller 09/21/2022 07:14 PM Form Started By: Angela Padgett-Espiritu Started On: 09/21/2022 10:51 AM Final Approval Date: 09/21/2022  ITEM 4. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: October 9 - 15, 2022, as Fire Prevention Week. Staff Summary (Background) Mayor Dickey will be proclaiming October 9 - 15, 2022, as Fire Prevention Week. Attachments Fire Prevention Week Proclamation 2022  Form Review Inbox Reviewed By Date Finance Director David Pock 09/21/2022 11:22 AM Town Attorney Aaron D. Arnson 09/21/2022 01:00 PM Town Manager Grady E. Miller 09/21/2022 07:26 PM Form Started By: Angela Padgett-Espiritu Started On: 09/21/2022 10:56 AM Final Approval Date: 09/21/2022  ITEM 4. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: October 2022, as Breast Cancer Awareness Month. Staff Summary (Background) Mayor Dickey will be proclaiming October 2022, as Breast Cancer Awareness Month. Attachments Arizona Breast Cancer Awareness Month 2022  Form Review Inbox Reviewed By Date Finance Director David Pock 09/21/2022 11:22 AM Town Attorney Aaron D. Arnson 09/21/2022 01:00 PM Town Manager Grady E. Miller 09/21/2022 07:25 PM Form Started By: Angela Padgett-Espiritu Started On: 09/21/2022 11:00 AM Final Approval Date: 09/21/2022  ITEM 4. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: October 2022, as Domestic Violence Awareness Month. Staff Summary (Background) Mayor Dickey will be proclaiming October 2022, as Domestic Violence Awareness Month. Attachments Domestic Violence Awareness Month 2022 Proclamation  Form Review Inbox Reviewed By Date Finance Director David Pock 09/21/2022 11:22 AM Town Attorney Aaron D. Arnson 09/21/2022 01:00 PM Town Manager Grady E. Miller 09/21/2022 07:15 PM Form Started By: Angela Padgett-Espiritu Started On: 09/21/2022 11:03 AM Final Approval Date: 09/21/2022  ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of September 6, 2022; Approval of the minutes for the Work Session of September 6, 2022. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting on September 6, 2022, and the minutes of the Work Session on September 6, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting on September 6, 2022, and the minutes of the Work Session on September 6, 2022. Attachments September 6, 2022 Regular Meeting  September 6, 2022 Regular Meeting Verbatim Transcript  September 6, 2022 Work Session  September 6, 2022 Work Session Verbatim Transcript  Form Review Form Started By: Linda Mendenhall Started On: 09/26/2022 08:26 AM Final Approval Date: 09/26/2022  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 6, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on September 6, 2022, to order at 5:31 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember David Spelich; Councilmember Sharron Grzybowski; Councilmember Alan Magazine; Councilmember Peggy McMahon; Councilmember Mike Scharnow Members Absent: None Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Twenty-six members of the public were present. 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. PROCLAMATION: September as Ovarian Cancer Awareness Month Mayor Dickey issued a proclamation on Ovarian Cancer Awareness Month. Jean Baldwin and Jamie Aiken were present to accept the proclamation. B. RECOGNITION: Outgoing Board and Commission member John Craft, for his service on the Strategic Planning Advisory Commission. Mayor Dickey recognized John Craft for his service on the Strategic Planning Advisory Commission and presented him with a certificate. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Recognition of the Community Services Department – National Gold Medal Award Finalist Rachael Goodwin, Deputy Town Manager/Community Services Director provided an update on the Community Services Department National gold Medal Award and showed council the video that was submitted. B. PRESENTATION: Economic Development – Fourth Quarter Update Amanda Jacobs provided a fourth-quarter Economic Development update and answered council’s questions. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), 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. 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion 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, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Vice Mayor Gerry Friedel to approve the Consent Agenda, SECONDED BY Councilmember Sharron Grzybowski. Vote: 7 – 0 passed – Unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye A. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on November 11-13, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on November 11-13, 2022. . C. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on October 14, 2022 D. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on November 4, 2022. E. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on December 2, 2022. F. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 27, 2023. G. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 3, 2023. H. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 24, 2023. I. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on April 28, 2023. J. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on May 19, 2023. K. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on June 19, 2023 L. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-39, abandoning the 10' Public Utility and Drainage Easements along the west and south sides of 16222 N Boulder Drive (Application A22-000007) 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: to terminate the sister city status with Kasterlee, Belgium. MOVED BY Councilmember Mike Scharnow to terminate the sister city status with Kasterlee, Belgium, SECONDED BY Councilmember Alan Magazine. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye B. CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-032 with ASR Construction Group LLC for construction of Phase II of the Panorama Drainage Pipe. MOVED BY Councilmember Alan Magazine to approve the Professional Services Agreement 2023-032 with ASR Construction, SECONDED BY Councilmember Peggy McMahon. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye C. CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-030, between the Town of Fountain Hills and Vincon Engineering Construction, LLC. MOVED BY Councilmember Sharron Grzybowski to approve Professional Services Agreement 2023-030, SECONDED BY Councilmember Mike Scharnow. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye D. CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Professional Services Agreement 2022-070 between the Town of Fountain Hills and Visus Engineering Construction, Inc. MOVED BY Vice Mayor Gerry Friedel to approve the First Amendment to Professional Services Agreement 2022-070, SECONDED BY Councilmember Peggy McMahon. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye E. CONSIDERATION AND POSSIBLE ACTION: Approving the Third Amendment to Cooperative Purchasing Agreement 2020-065.3 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments. MOVED BY Councilmember Peggy McMahon to approve the Third Amendment to Cooperative Purchasing Agreement 2020-065.3, SECONDED BY Vice Mayor Gerry Friedel. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye F. CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-072 A with Wood Patel & Associates for engineering design services for the design of a roundabout. Mayor Dickey opened the item up for public comment; the following residents addressed Town Council: Councilmember-elect Brenda Kalivianakis, a Fountain Hills resident, addressed the council requesting the vote be tabled due to other “need to have” items requiring funding consideration over “want to have” items. Bart Shea, a Fountain Hills resident, addressed the council regarding the traffic impact study he presented during the plan submittal for this area. He mentions that the study does not indicate a need for a roundabout on either end of the avenue. Larry Meyers, a Fountain Hills resident, addressed the council regarding safety concerns and inquired about any documentation that supports those concerns, as he does not see proof of that. Crystal Cavanaugh, a Fountain Hills resident, addressed the council regarding a roundabout in this location, mentioning that it would increase safety concerns due to the amount of pedestrian traffic crossing the road. She mentions that these funds would be better served for street repairs identified as being unfunded. Liz Gildersleeve, a Fountain Hills resident, addressed the council regarding the roundabout, indicating that this project is a “want to have” and that council should direct funds to the “need to have” projects such as road repairs. Dan Kovacevic, a Fountain Hills resident, addressed the council regarding the roundabout mentioning it is not the safer solution for this area, and proposed a three-way stop. MOVED BY Councilmember Peggy McMahon to postpone approval of the Professional Services Agreement 2022-072 A with Wood Patel & Associates for engineering design services for the design of a roundabout to November 1, 2022, Council Meeting, SECONDED BY Councilmember David Spelich. Vote: 7 – 0 Passed – unanimously Councilmember Grzybowski Aye Councilmember Magazine Aye Councilmember McMahon Aye Councilmember Scharnow Aye Councilmember Spelich Aye Vice Mayor Friedel Aye Mayor Dickey Aye 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. Mayor Ginny Dickey mentioned the Fire Study will be included on the October 4, 2022, Council Agenda. 10. ADJOURNMENT MOVED BY Councilmember Peggy McMahon to adjourn, SECONDED BY Councilmember David Spelich. Vote: 7 – 0 Passed – Unanimously The Regular Meeting of the Fountain Hills Town Council held on September 6, 2022, adjourned at 7:59 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 6th day of September 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th Day of September, 2022. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 1 of 55 Post-Production File Town of Fountain Hills September 6, 2022 City Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 2 of 55 MAYOR DICKEY: Good evening, everyone. Please stand for the pledge and remain standing. [(Pledge of Allegiance recited)] MAYOR DICKEY: Thank you. Let's take a moment of silence, please. [(Moment of silence observed)] MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Thank you, Mayor. Mayor Dickey. MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Friedel. FRIEDEL: Present. MENDENHALL: Councilmember McMahon. MCMAHON: Here. MENDENHALL: Councilmember Scharnow. SCHARNOW: Here. MENDENHALL: Councilmember Magazine. MAGAZINE: Here. MENDENHALL: Councilmember Spelich. SPELICH: Present. MENDENHALL: Councilmember Gryzbowski. GRYZBOWSKI: Present. MAYOR DICKEY: Thank you so much. We start with our reports from mayor and councilmembers and town manager. Grady. MILLER: Thank you, Mayor. I know other councilmembers will report on this, but I just want to let you know that last week, we had the Annual League of Arizona Cities and Towns, and it was a great conference. It was held here locally in the valley, and it was great. The sessions were very, very helpful. So anyways, that's all I have to report at this time. MCMAHON: I second that. We really had a great time at the conference. It was really very educational and informative. It was nice to meet other mayors, councilmembers, and officials from all over the state, to listen what, you know, issues they're facing with -- and concerns about water and other things. So it was really nice to get to know them and TOWN OF FOUNTAIN HILLS Page 3 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 3 of 55 compare things like that. Also, I wanted to remind everybody that this week on Thursday evening at 7 o'clock at Fountain Park, we're going to have Ballet Under the Stars. It is a free event, so please join us. It always is a wonderful evening. Thank you. SCHARNOW: I do have one thing. It was postponed for a week because of weather, but the Back to School Bash did go off, and the Coalition had a table out there with several other businesses and groups and a ton little kids out there. I tell you. It was a fun night and a lot of swimming suits and getting wet and a lot of -- just a lot of good information and fun out there. So -- and I know we're going to recognize Community Services tonight, but it was a good job on the Bash, so thank you. MAGAZINE: Thank you. Our economic development director, Amanda, had a great idea, which was to have her and Betsy LaVoie at the Chamber and a councilmember, meet with the owners of the restaurants. And so we met at Bachelor's Pad, and I can't say enough good things about the owners. I mean, they're doing everything right. One of them has experience -- a lot of experience as a restauranteur, and the other is a PhD economist. That's a heck of a combination. She and Betsy are working very close together, and as issues come up in these discussions, if they need to be at least considered by the town, then Amanda's going to act as the sort of ombudsman to try to decide what to do with those ideas to see whether or not they require any additional action. GRYZBOWSKI: We had our Make a Difference Day planning committee meeting. So I'm going to use this as my reminder to tell y'all it's coming up on October 22nd. You can still sign up to volunteer from the town's website, click residents, then click volunteering. And like the town manager and Councilmember McMahon said, we attended the Arizona -- the Annual Arizona League of Cities and Towns conference. There were a lot of great breakout sessions last week, including one titled, Is the Arizona Legislature as Chaotic as it Seems? Karen Fann, the Senate President said, yes. And we concluded the meeting and that was the end. No, I'm kidding. That is actually how she kind of started. But during our open comments, she made it a point to say that the state legislature used to be so much more nonpartisan than it is now. And that lead to really good conversation among the three panelists that were up there. The League really puts on an informative TOWN OF FOUNTAIN HILLS Page 4 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 4 of 55 conference, and I appreciate you guys letting us go to the entire week. And I was glad to see two of our council elect members there. I think I ran by Hanna (ph.) on Wednesday and Brenda on both Thursday and Friday, but there's so many people there, it's hard to run into the same person two times. Thank you. MAYOR DICKEY: Thank you. Yes, we really had a great time this -- one of the presenters mentioned how different it was because, you know, obviously we didn't have it in 2020, and then in 2021, you know, they had it with trepidation, right? I mean, we all still had that feeling, so this was a first time that all of us were together like that where we really had that great feeling of togetherness. The River of Time had a fundraiser, so that was really fun. And several of us were here for that. We had our Fountain Hills Cares meeting. I didn't write the date of when it's going to be. It's October, but it'll be a Thursday night and it'll be concentrating on veterans. Had a MAG regional council meeting and our Mayor's Youth Council kickoff. And that was fun, a great group of kids, a big group of kids, so -- and they all came to the League and carried our flag and went to leadership sessions all day long. Sharron had lunch with them, so that was awesome. And again, I really appreciate everybody who went to the League. We had resolutions that you all had seen, and they were all adopted, and then the business meeting adopted them. So those will be sort of what they concentrate over the year during the session. And then Mayor Carlat from Peoria stepped down, and then Mayor Nicholls from Yuma is the new president. So it was a very good, unifying group, and I look forward to hearing and exchanging some of the sessions that we all -- tried to go to different sessions, so. Our next item, I have proclamation and a recognition, so I'm going to come down there and bring these two items. Our first one is a proclamation for Ovarian Cancer Awareness Month, and then we're going to recognize an outgoing commission member. So we'll start with the Ovarian Cancer one, please. And I think we've got Jean Baldwin (ph.) and Jamie Aiken (ph.), if you want to come up and I will present it. Well, maybe I'll start with John Craft if that's okay, and then we -- and maybe the two ladies will get here. So you're up. Come on. I have your certificate and I'm going to read nice things about you. TOWN OF FOUNTAIN HILLS Page 5 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 5 of 55 CRAFT: Do you want me to (indiscernible)? MAYOR DICKEY: Yes, please. Certificate of Appreciation for John Craft for his dedicated time and service on SPAC, our Strategic Planning, and I'm going to read this right here. You hold it, sir. All right. "We would want to take this opportunity to thank John Craft for his appointed commissioner on SPAC by the town council in November of 2014 and who served as chairman of the commission from 2019 until April of 2022. During the duration of his service on the commission, John took an active role on all of the projects and activities that the commission undertook, including the development and council approval of the 2022 strategic plan. The knowledge, dedication, and contributions that John has made to the process of developing a strategic plan for our town of Fountain Hills are greatly appreciated by both the council and your fellow commissioners and, I dare say, the community at large." So first, let's say thank you and clap. And then you can say a few words. (Applause) CRAFT: Thank you, Mayor. I guess after eight years I'm fully vested; is that correct? I don't know. It's been an interesting travel. We have a remarkable community. We have gone from strategic plans that were very difficult to administer and today, I think, over the last couple of iterations, we now have one that's measurable, that's dedicated to the important priorities that this town has. So it was a distinct pleasure to be a part of this group and organization. And I'm moving on to the Fountain Hills Dark Sky Association to kind of help them, so thank you again. MAYOR DICKEY: Thank you so much. We appreciate all your hard work. (Applause) FRIEDEL: Mayor, can I say something quick? Gerry, vice mayor. MAYOR DICKEY: Sorry. FRIEDEL: I had the pleasure of serving with John on SPAC. So John, I want to say, thank you. You're a good leader, and the town's going to miss you. Thank you. MAYOR DICKEY: Perfect. Thank you. And yes, you made the strategic plan comprehensible and doable. So we really appreciate that. Is Jean here or Jamie? Jamie Aiken. No. Well, I'm going to read this. This is a TOWN OF FOUNTAIN HILLS Page 6 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 6 of 55 proclamation for Ovarian Cancer Awareness Month. "Whereas ovarian cancer is one of the most common forms of cancer among women and causes more deaths than any other gynecological cancer, and whereas it's estimated that 19,880 cases of ovarian cancer will be diagnosed in the US this year with an estimated 12,810 women who will lose their lives. Whereas there's no test or screening exam that can detect ovarian cancer in its early stages and only 20 percent of all cases are found early, and if the cancer is caught at stage three or higher, their survival rate could be low as 30 percent. "And whereas Arizona has the sixth highest incident and mortality rates in the southwest with over 70 percent of its cases being diagnosed at late stage, and whereas doctors across the country are currently conducting clinical trials and researching ovarian cancer, the time being awareness through education is the best tool for early detection and an increased chance of survival. And the National Ovarian Cancer Coalition, Arizona, is organizing a statewide event in September to light up for ovarian cancer in an effort to promote awareness about the disease that whispers, to honor survivors and to remember lives lost." Therefore, I, Ginny Dickey, Mayor of Fountain Hills, do proclaim September 2022 as Ovarian Cancer Awareness Month in Fountain Hills. And we will light up our famous fountain in teal on September 16th through the 18th to increase awareness in this community and honor those who are or have been affected by ovarian cancer. And we'll make sure that we get this to the folks who requested. Thank you. Our next item is the aforementioned public appearance by our Community Services Department. And Rachael will come do the honors. Thank you. GOODWIN: Thank you. Good evening, Mayor, Council. Thank you for having me tonight. I'm often here, usually to discuss policy or projects that are going on in our community and that affect our day-to-day operations. Today, however, I'm here to shine the light on our Community Services Department and the staff that makes our events, our programs, and our services happen. With that, I'd like to ask any of our staff that are here this evening, as well as our commissioners, to please stand. [Applause] TOWN OF FOUNTAIN HILLS Page 7 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 7 of 55 GOODWIN: These are the individuals who embody the spirit of our department's mission. It is through their continued commitment and collaborative spirit that we are able to succeed. Community Services is the largest department within the town. We represent many things to many residents. We are the places of nature, of exercise, of play. We are the trails, the home delivered meals, the movies in the park. We are an integral part of family memories, of community pride and we nurture growth and exploration at all ages. It is through our staff and our commissioners that we are able to make an impact each and every day. With that said, we are the liaisons with many of our community partners, including our formal commissions, our McDowell Mountain Preservation Commission and our Community Services Advisory Commission, but we also have our Mayor's Youth Council, which you mentioned earlier today. We have our Fountain Hills Coalition, we have Encore for More. We have the Fountain Hills Conservancy. We have so many groups that we act and cooperate with. And our staff takes play very serious. While many see our department as the fun group, which we are, we are also very proactive in our field. Many of us serve in leadership positions within the State Association. We have made commitments to further our professional development as well as the development of our programs and our overall department. You are aware of our many high-vis projects and our parks, most recently our Splash Pad renovations as well as the overhaul of our playground within Fountain Park. But it seems our park team of six full-time staff outworks a crew of twice that size. We are lucky to have a dedicated team that wants to not just maintain our parks, but make improvements, both large and small. The details matter to this crew, and it can be seen each and every day, from taking on internal projects to maximize tight budgets to creatively approaching problems to find better and more effective solutions. We love our events in Fountain Hills. And based on community feedback, we have been asked to increase the number of events offered. That is no small task with limited funding and staffing, but our events team makes it look easy. With help from community partners and sponsors, the support of our volunteers, our events have never been better. The Spooky Blast, the newly designed Halloween celebration, is a great example of how TOWN OF FOUNTAIN HILLS Page 8 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 8 of 55 this team has reinvented an event, making it bigger and better than ever. Moving from the Avenue of the Fountains to Four Peaks Park allowed us to repurpose budget that was previously used for lighting and road closures and expand the event with inflatables, a DJ, and a dance floor. The event was an overwhelming success, and we look forward to hosting again later this fall. As we all know, the Community Center is the heartbeat of Fountain Hills. The staff is a dedicated bunch that supports programs for all ages, events, performances, parties, dinners, and so much more. But the heartbeat of the community is more than a place. It is the people, the staff, the members, the visitors that bring the Community Center to life. No matter what program or event is happening, the smiles, the connections and the relationships that are built are what make the Community Center such a special place. One particular component housed in our Community Center is our Senior Services Division. Dedicated to providing recreation outlets and support to our senior residents, this division is one of the most active and beloved parts of our community, whether it's Mahjong, poker, chess, afternoon movies or country dance, or as I was reminded, Ping Pong later tonight, there is always something happening with our Senior Services. We are lucky here in Fountain Hills to have hundreds of dedicated and talented volunteers in our community, much like John Craft, who was just honored for his volunteer service. Thousands of service hours are contributed annually and make an impressive impact. As we all know, these projects and programs don't organize themselves, and it takes the effort of our small volunteer staff to help coordinate this army of change makers. Our Make a Difference Day is a good example of a large community effort that engages more than 300 volunteers. But we also have ongoing programs, such as Care Cars (ph.) and Give-A-Lift that connect our residents and our volunteers year round. The beauty of our volunteer program is that we have opportunities for anyone that wants to get involved. From Top Programs to our Senior Softballers, our recreation division has something for everyone. Through the diligence and creativity of our rec team, our teens and our sports programs have both seen significant growth, and the addition of our Cornhole League and Skate Classic are just two examples of the new programming they have added. There is TOWN OF FOUNTAIN HILLS Page 9 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 9 of 55 no limit to the number of cool classes and programs that are coming down the pike, because we want to make sure that Fountain Hills is, indeed, a place to live, work, and definitely play. So with all of this in mind, I'm proud to share that Fountain Hills has been named Gold Medal Finalist for second consecutive year. As you might remember, this is a very prestigious and challenging award to win and is recognized as the highest honor a parks and rec department can achieve. A lengthy, written application was submitted at the start of the process and from there four national finalists were named in each division. It sounds rather cliché to say it is an honor just to be nominated, but in this case, it is true. To be a finalist is recognition and validation that we are leading the way in park and recreation management, in innovative problem-solving, and in community collaboration. We will know which of the finalists brings home the gold in two weeks as we attend the National Recreation and Park conference in downtown Phoenix. So that means two weeks from tonight, so our next council meeting we'll know one way or the other. And as you also may remember, once named as a finalist, the staff was challenged to develop a five-minute video to showcase our town and to visually articulate our written application. That is no small task, because we had about three weeks to make that happen. But tonight, I would like to share our video, our debut airing of our video, and celebrate the staff that have Fountain Hills a gold medal contender. [VIDEO] GOODWIN: So we're excited. We'll know in two weeks. MAYOR DICKEY: That was a wonderful video, and obviously we love what you do. Anybody have any comments or questions? Alan. MAGAZINE: Yeah. Rachael, I want to thank you and your staff and the commissioners for the incredible job you do. Your productivity is off the charts. I don't know -- even though everybody stood up and it looked like you had a staff of 25, but I still don't know how you do it all. So congratulations to all of you. MAYOR DICKEY: Thank you. And thank you her staff. It really is fantastic. GRYZBOWSKI: I always tell Rachael how much I love the Community Services Department. I'm so excited you guys are actually here so I can tell you guys. I am so TOWN OF FOUNTAIN HILLS Page 10 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 10 of 55 proud of you. I swear I almost cried when I saw that video. And it was the first time I saw it too, I promise. Anyway, you guys do a great job. We love you. The community loves you and loves what you do. And yes, they want more of all of that stuff. FRIEDEL: Rachael, tell people, how many visitors do we have to our community center? GOODWIN: We have roughly 80,000 folks through the doors on an annual basis. It's a pretty popular place. So with that, thank you guys. We will keep everyone updated. And once again, thank you to our staff and commissioners that are here this evening. MAYOR DICKEY: Thank you, staff. Thank you, all of you. Again, we have -- some of us here have been around for a while and the skate park thing just kills me, because, like, my son -- my 30-whatever he is now, but that's what he did, you know, as a kid. And that was something new that, you know, Phyllis (ph.) and others put together and to just see it like that and then have an event there is just amazing. And it just shows you how you're adapting and growing and taking care of us. So we really appreciate it. Yes, Grady? MILLER: Just one final word. Rachael, to you and your staff, kudos to all of you as well as the commissioners. So this is exciting. And I think what gets missed is that the finalists in this organization is not the same as what you think of it in another award category for different organizations. A finalist really means you are an award winner; you're just not getting the top named award. So until the final final comes out. So what I'd like to do is we do have our meeting, a council meeting on the same night, so if Rachael could just text me. I know that the -- we're all excited and we'll make an announcement live during the council meeting. Hopefully it doesn't run -- your meeting doesn't run so late. I'd like to kind of not jinx ourselves. But let's -- could you do that and try to -- GOODWIN: I will. MILLER: -- text me if you do win. GOODWIN: Absolutely. MILLER: So we can get that live and out to our residents as soon as we know. GOODWIN: Absolutely. What's that? MILLER: When you win, correct. TOWN OF FOUNTAIN HILLS Page 11 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 11 of 55 GOODWIN: We'll see. It would be fun to win in our home state. But there's no guarantees. It's -- like I said, it's no easy task. And you're right, Grady. Being nominated as one of the one of the final four really does illustrate that we do what we do very well. It doesn't mean I don't want to bring home the gold. That is for sure. So yes, we will keep you posted. MAYOR DICKEY: Fountain Hills first and the Cardinals next, home field advantage. We really, really, really appreciate it. Thank you. GOODWIN: Absolutely. Thanks, you guys. MAYOR DICKEY: Anything -- any other comments? Thanks. I believe that Jamie Aiken and Jean Baldwin have come -- we already did the -- but if you want to come up, I'll give it to you and if you have anything that you had planned to say, you're certainly welcome to do that. UNIDENTIFIED SPEAKER: Okay. MAYOR DICKEY: Okay. UNIDENTIFIED SPEAKER: Sure. MAYOR DICKEY: Thank you. So we'll have you say a few words if you'd like. And welcome to Fountain Hills. UNIDENTIFIED SPEAKER: Thank you so much. And thank you, Fountain Hills, for presenting us with this proclamation today. This might seem like a small token to you, but to us, it's a huge step forward in our ability to fulfill our mission, which is to -- we strive to prevent and cure ovarian cancer and provide support to ovarian cancer survivors and their caregivers -- and awareness. We constantly struggle up a hill teaching people about the signs and symptoms of ovarian cancer because there is no early detection system. Sadly, this year the number of women who were diagnosed in late-stage ovarian cancer increased from 70 percent to 80 percent. So proclamations like this are huge in our efforts in getting broad adoption throughout the state in teaching women to understand the signs and symptoms and to talk to their doctors. So thank you. Thank you very much. MAYOR DICKEY: Thank you. Thank you so much. (Indiscernible) gave us this information and maybe we can put something up, and we will be turning the fountain teal. TOWN OF FOUNTAIN HILLS Page 12 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 12 of 55 UNIDENTIFIED SPEAKER: Oh, my gosh. (Indiscernible). MAYOR DICKEY: The date's on there are someplace. Yes. The 16th to the 18th. UNIDENTIFIED SPEAKER: Wonderful. UNIDENTIFIED SPEAKER: You just gave me chills. Thank you so much. MAYOR DICKEY: Thank you for coming. We have another presentation now from our Economic Development Department. And Amanda is here on her way. Welcome. JACOBS: Thank you, Madam Mayor. Council. All right. So thank you. I'll be giving a fourth quarter update. So that's April through June of '22, and then similar to the last time I was here, I may add a little bit if it just sort of makes sense, that is happening in this first quarter. And if you guys have any questions, I know you waited the last time, but if you want to interrupt me, feel free to do so. So we'll kick off with business attraction. And so we had two store fronts open during the third quarter, which is Chill Boutique, and that's near the vicinity of Sipps, and then the Estate Interiors off of Verde Valley (sic) Road. Hopefully, I'm getting the streets right. I'm starting to learn. And then I've started reaching out to some of our property owners and our commercial broker to just start making connections, introducing myself, trying to understand some of the vacancies. And some of them are reaching out to see, you know, what does the town want to see? And of course, not to be selfish, but, you know, if it'll generate sales tax, you know, we don't mind that. And so I'll tell you with some of our property owners, what we'll be seeing -- I always like to wait when there's a formal submittal and to be transparent, but prior to COVID you heard about the Amazon effect. Then we're hearing about COVID. Things are really changing. Things are being shooken up, and so talking to some of the property owners where we're reimagining sites. And so some of that could be more mixed use that may be coming forward, scaling back on some of the office space because a lot of people sent their folks home. Employees enjoyed it; they're not necessarily wanting to go back to the office and so scaling back some of that footprint. And so getting some of that data, not just nationally, but here locally and again as we get some new stuff and formal submittals, we'll bring that to council. And of course, have neighborhood meetings with our residents, because we want their feedback. It's important. TOWN OF FOUNTAIN HILLS Page 13 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 13 of 55 And then this list, I won't go through all of it. This is a minor change to what you have in the packet, but a lot of you on council, some of our Planning and Zoning commissioners have been very eager to know when Veeta's Vegan is opening, and so that is a plant- based café off of Parkview, and they're having a soft opening tomorrow. So to our members in the audience, our council, if you want to stop by to support our business, that would be appreciated. And then Macilyn Method is going to be near Chill Boutique, which I just mentioned earlier. And that is a lash extension lash studio that will be coming, just in case you're curious. MAGAZINE: Mayor? Question. MAYOR DICKEY: Yes. MAGAZINE: Amanda, quick question. How many of these are locating in what are now empty store fronts? JACOBS: So I'll say all three, except for one. Dutch Bros will be a new build. MAGAZINE: Great. Thank you. JACOBS: You're welcome. All right. And then Councilmember Magazine stole my thunder a little bit. So business retention and expansion. So in June, the town and the Chamber of Commerce joined forces to launch a formal business retention and expansion program. And our goal is to try to meet with at least two businesses per week. We did kick it off in the summer, so we've had some cancellations, but the goal is to meet with the businesses and understand what is the town doing well, what are areas for improvement when it comes to the business climate. And what we're doing is not quite traditional with some economic development organizations, but we're rotating in a councilmember. And so we've had three councilmembers so far participate. And why we do that is it's good for our elected officials to meet the business owners, but often time, some of the issues are policy related, so it's good for you guys to hear firsthand our business owners' struggles. And so we've met about nine or ten and some things that have come up is signage. And we're trying to kind of narrow that down; what does that look like? And working with staff to actually put something a little bit more visible. I don't know about you, but I'm a visual person. But it's like, what can I do -- what can I do? So having answers to that. And then some of our businesses left corporate American and they're, you know, a home- TOWN OF FOUNTAIN HILLS Page 14 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 14 of 55 based business here in Fountain Hills, and they would appreciate some type of checklist. What does the town need? When is there an issue that is going to trigger the Health Department? And so we're also looking at doing that. And then having those business owners serve as beta testers, right? We can kind of get stuck as government officials in our own world. And so since they just recently went through it, did we get it right? And so I want to thank Betsy for her partnership. She is helping coordinate the site visits. She found out two months in our economic development specialist moved on to the City of Phoenix for a higher position, so it's just been myself. And then obviously, she has been with Fountain Hills for many, many, many years and has the relationship. So I just want to personally thank Betsy and her team. And then staff also met with the Fountain Hills Medical Center and 24/7 ER. This year in this quarter they celebrated one year. So again, wanting to meet not with just their public relations, but meeting with the entire executive team to let them know that when they're ready to expand -- so when they built, they were already ready, you know, to expand, that we're ready, have our doors opened and want to make it as seamless as possible. And then just wanted to make some notes to investments that are happening in the community. Hopefully, you're seeing external or interior, so the Discount Tire that is located off of Shea Boulevard did a face lift on the outer part, but also hopefully you saw they have installed some new technology. Fountain Hills is the first. That is called RoboTire. And so basically, this technology is changing out tires. So pretty nifty, happening right here in our back yard. Last week, again, thanks to Betsy, we finally got into Fountain Park Hotel. Some may know it as Lakeshore. Again, that was before my time. But just want the council and our community to know that this is now a Best Western Signature Collection. We met with the regional manager, and he's going to get back to me, but he thinks they've invested about a million or over into renovations, interior. So lobby, completely different. They no longer have a meeting room, which gives us an opportunity with our community center and conference center. They've turned that into a fitness center. And then all the rooms are getting also facelift. There are over 100 rooms, but right now only 58 are available. So this is an owner too that is kind of contemplating reimagining the third TOWN OF FOUNTAIN HILLS Page 15 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 15 of 55 level. So stay tuned, because he's still contemplating. And then of course, the interior of Walgreen's, again, a facelift, expanding out some o the aisles, new flooring, not the traditional photo center. Some of it's, again, sort of do it yourself. And so again, I think this is wonderful to know that these organizations are making investments, and usually that's a good sign, right? They're here to stay for a while. All right. So I mentioned this during our last quarter, but we were kind of wrapping up numbers. But the council approved a nonprofit grant program earlier this year based off of savings from the ARPA fund, so American Rescue Plan Act, and the deadline was January 24th. We extended it, because there was a little bit of confusion on who could participate, so it ended April 29th. And I'm pleased to announce that we were able to award 35 grants and each of those organizations received a $5,000 check from the town. And then we're starting to wrap up and then reapply on our grants. So our Arizona Office of Tourism Prop 302 grants, the estimate last July was that the town would only receive 16,000. The actual -- you know, so basically, that money goes to all of the DMOs in the state. Whoever applies, it's cut up into a nice little pie and we get a share. So it was actually over 31,000. So because we did not anticipate that, there will be close to $18,000 that will roll over this fiscal year that staff will, you know, coordinate and see how we want to apply those, but the project elements this past year was print placement, specifically statewide, as well as to our partners in Canada We used some of the monies towards our visitor's guide, and then there was a video at Phoenix-Mesa Gateway. And then I will just touch quickly upon this, because I mentioned this a couple of weeks ago. So our Arizona Office of Tourism Visit Arizona Initiative grants, which is also based off of the ARPA funding, this past year we applied for three. We received two, which was the partnership and marketing grants. And so I mentioned, previously, what those were for. So we have already been informed by the Arizona Office of Tourism that this year the estimate is 67K that the town will be receiving from Prop 302. And we're trying to reimagine and not do the same thing that we've always done, right, because it's worked. We will do the print placement, and it's specifically going to be to our Canadian visitors. TOWN OF FOUNTAIN HILLS Page 16 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 16 of 55 We will be expanding, this year, the visitor's guide. And traditionally, the Economic Development Department launched that in March. We're going to move that and have that available in December for January. March is a little too late, just my opinion. Some of our visitors, right, are leaving. So wanting to get that in their hands. And again, for transparency reasons, I've talked to the Chamber, I've talked internally, but I've asked why we were duplicating efforts. So we were printing a separate dining guide, and it roughly cost $1,200 to $1,500 -- not a lot, but if we can save money. So we are going to eliminate producing a separate dining guide because there's a dining guide in the visitor's guide. And so that will be promoting, and the Chamber produces that and distributes it at the Visitor's Center. We're also working -- so if you'll see sort of on the left-hand side all those circles, we have hired a digital marketer to assist us as we are updating our seven-year-old Experience Fountain Hills website. And so wanting to just base our decisions off of data. That always helps. So if you see that little teal dot, that is Fountain Hills. So the point is we're not really on the map. So we're trying to make decisions where, again, we're kind of up to speed on the trends and getting us on the map. We will also be working with DayLite Films in the next couple of months to produce a new tourism video. We haven't done that in several years. And happy to use a local business. And then on the bottom left, so a visitor analysis, what we're doing here too is tracking sort of the visitors' journey before they're going to certain destinations and then after they have left a destination in Fountain Hills. So again, we've been doing some print placement spending money. Are we getting our money's worth? So we're hoping some of this data will help support our future decisions as we start looking into the fiscal year '23 budget. And then again wrapping up, going back to the fiscal year '21/'22, thanks again to Ft. McDowell Yavapai Nation, we received $10,000 again toward some print placements. We have applied again for funding, 30,000, and we're still waiting to hear back. And then also, big thanks to our Salt River Pima-Maricopa Indian Community, where we received 30,000 towards Music Fest promotion and scoreboard advertising, just in last week. So we applied again, and we have received $30,000, and we're waiting to hear back from the community to see what they've approved that for. So we had three options TOWN OF FOUNTAIN HILLS Page 17 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 17 of 55 and just waiting to see what was approved. As far as advertising, so Business In Focus Arizona several years ago did a feature on the state of Arizona and asked Fountain Hills to participate for free. Usually, right, there's a catch. It is trying to get some advertisers to pay in. And traditionally, what we've done is we've had our staff promoted in the feature. This year, we did something different than any of our cities and towns, but we asked them to talk to some of our business owners. Why is it exciting, you know, to be in the town of Fountain Hills? So they spoke with the Broker's Alliance, the International Dark Sky. So again, to just sort of put us on the map and for them to hear firsthand. You can see there the readership in Canada and USA. We also this past quarter -- and we're reevaluating this partnership, but did some print advertising in the Canadian Snowbird Association. So just wanted to see, you know, does that continue to make sense? We are modifying our advertising to not just include the fountain, but Canada is also big on cyclists. So promoting also that aspect. And then partnered again with the Chamber of Commerce on an eight-week campaign. You may recall last quarter as I was starting to meet with some of the businesses and asking what can the town do, is that they really needed help during the summer, right? A lot of our visitors leave, our locals are going on vacation, so we're really trying to encourage the importance of shopping local. And then marketing. Lots of exciting things here. So council approved a branding project for this year, totaling $20,000. It will be a community brand. In June, we issued a request for proposals, and we received six submittals. And then of that, we had a group score that, and the award is going to Gordley Group based out of Tucson, Arizona, so an Arizona-based company. And yesterday, we kicked off a survey, so community survey. I spoke with Gordley, and usually they anticipate, just based off of their experience 50 to 100 responses. We already have 330 responses. And it's been live for, what, like, a day? And so getting great feedback. From there, we'll start doing focus groups in the next couple weeks. Again, internal. Council will be invited. Our council member elects, some of our leadership team and then we'll be inviting our community leaders. So again, nonprofits, representatives of our Boards and Commissions, just making sure we're getting those voices heard. And then anticipating this will come back to council in mid-January for TOWN OF FOUNTAIN HILLS Page 18 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 18 of 55 council, you know, to see all of the results. There'll be about two to three options, and so again to get feedback from council and also another opportunity for community feedback. And then a couple months ago, we asked for everyone's feedback on our downtown street banners. Some of them have been a little generic, if you will. And so wanting a call to action. And so Play Dine Stay -- next will be installing those; I believe it's next Tuesday. And then hoping to just keep it up, and then you'll see that there are photos of Fountain Hills, not just, you know, a clip art from online. We're wanting to make sure, right, that it's Fountain Hills related. And then just wanted to provide an update on social media channels. Again, just doing an assessment on best practices. Economic Development had a separate economic development LinkedIn page and Facebook page, and obviously that requires staff to update it. We'll say that really hasn't been happening. And best practices to not dilute a brand. Usually that funnels through a town page. So we will be taking those offline, so there's no surprises. Again, if the community has any questions, feel free to contact me. But all of that will be going and directed to the town page. We will be keeping, though, the Experience Fountain Hills Instagram. And then our partnership. So not to go through all of these, so meeting with Arizona Commerce Authority, looking at doing some small business workshops by the end of this calendar year with them. Some of those are free. And then our Salt River Pima- Maricopa Indian Community met with their Development Services and Economic Development team and then meeting quite a bit with Discover Salt River, which is the tourism arm of the community. And we met just last week. They will be going on a trade mission to Canada, and they're happy to partner on some of that collateral material. They said it just -- it makes sense. And as we're redoing our website, there's some things, right, Fountain Hills just doesn't have. And so directing them to Ft. McDowell and Salt River. Again, it makes a lot of sense. I think we're getting close to the last slide. And so tourism specific to the experience page, we had over 36,000 unique page views. And what that means is, it's a unique visitor, so sort of like a one time, going to various pages. And I'm sure you won't be surprised, but they go to the events page quite a bit. So that's in our top three. And then we worked with Debbie Clason on a Stay Fountain Hills Summer social media campaign, TOWN OF FOUNTAIN HILLS Page 19 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 19 of 55 which was eight weeks long. It reached, so it got to 13,000 people, and then the engagement is 8,000. And an engagement -- Mr. Larson (ph.) has to educate me. I'm not really hip on the social media, but that is a like or a share. And since this is our first time doing this, we'll see what happens next year. Hopefully, we'll grow those numbers. And what that, Madam Mayor, Council, happy to answer any questions. MAYOR DICKEY: Thank you very much for that. Yes, sir. FRIEDEL: I have two questions for you. One, you mentioned Prop 302 and the dollars that are available from that program. At one point, there was talk of the -- I think it was the Chamber getting a couple of kiosks and locating those around town. Can money from that prop be used as automated, like, in a kiosk? And if so -- we get over 80,000 people that visit our Community Center; would it make sense to maybe place a kiosk there somewhere so that we can help build up stopping points to different parts of our town? JACOBS: So Madam Mayor, Vice Mayor Friedel, the town partnered with the Chamber on a submittal, since we're the designed DMO. The Chamber actually completed a different grant application that we're waiting to hear from. And then not off the top of my head can I answer your question. I'd have to see. There's key categories that this money can go towards, so we'd have to see if that would work. FRIEDEL: Yeah, I'm saying in addition to that one. JACOBS: Um-hum. FRIEDEL: It might something to check out. JACOBS: We will. FRIEDEL: And then my second question is, so you were at the hotel, the Best Western. Did they give you any indication as to what's going to happen with that restaurant that's been sitting there empty for years? JACOBS: So Madam Mayor, Vice Mayor, good question. Right now, it's going to stay closed. There is another new owner that is just seeing what opportunities there are, you know, to have somebody come in to handle the F&B, and so that's food and beverage. That's not something he usually does, so they're considering options. But right now, it'll be closed. Good question. MAYOR DICKEY: Any other questions or comments for Amanda? Yes, sir. SPELICH: Thank you, Madam Mayor. Amanda, I guess I'm sorry that I had missed the TOWN OF FOUNTAIN HILLS Page 20 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 20 of 55 meeting that when you first came onboard and we were supposed to meet. Unfortunately, I was stuck in court and I couldn't come, but I've preached to every Economic Development director since I came on the council, and I believe what a game changer would be is a small anchor employer in this town. I personally was trying to look into biotech firms and things like that, somebody small that would appreciate the community. I know we're somewhat limited in being able to offer incentives to get people to come here, like we just can't give a piece of land. There's a lot of restrictions; I understand that. But in today's business world, we see so many businesses, I just made notes, that are fleeing California, New York, New Jersey, Oregon, Washington, and Illinois. I mean, you can just see that by going to Safeway and see all the different license plates for people that come here. My term is coming to an end, but I would love to see you with a new council really focus on somehow trying to entice some small anchor employer that would come here. Like I said, I always thought that that would really a big impact for the town as well as all the businesses and everything having more people, more schools, enrollment in schools going up and everything. I don't know what it would take. I don't know what your ideas are. I know that you had sent out a invite to the Economic Development, and I had mentioned a couple business leaders in town that I suggest that you invite who both have sold million-dollar corporations, who I think would be really helpful for your board. But I don't know what your ideas are or what you could put together, but I think if there's any way that we could even find out how you could travel to these states and entice some of these companies that could come here -- maybe a small manufacturing company, I don't know. I'm just throwing it out there hoping it sticks on the wall. But I really think moving forward -- I've expressed this a couple other Economic directors, and there didn't seem to be much traction. But I really think that having an anchor employer in this town, no matter how small it would be, would just be a step in the right direction. Thank you. MAYOR DICKEY: Some of what you mentioned was the -- were the connections with the Canadian and that -- some of that goes right along with what you were talking about too, so I'm sure you're having those conversations. Over the last, I don't know, several TOWN OF FOUNTAIN HILLS Page 21 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 21 of 55 years, some of the folks that come here just for snowbird, for lack of a better word, but they're here for a long time, are starting to want to do business here. And one of the advantages has been nonstop flights now, and some of that is picking up, especially up, like, Calgary area and such. So whatever, you know, the business happens to be, I think there's a lot of that going on, a lot of financial sort of firms and such. Also, I know we talk a lot about education and possibilities of universities or niche that can also be big employers. And then, of course, we have health care and the hospital and such. So that's a great idea, and you know, I think that that's something worth moving forward on. One of the things, and I know it's just kind of starting, but several years ago there were some members of businesses that are along the Fountain and -- I mean, along the Avenue of Fountains, and they wanted to possibly set up some kind of a coalition or an association and have some events down there. And so I know that you picked that ball up and you're running with it, and I just really appreciate that. I hope that -- I know later, we talk about the roundabout and such and walkability and overlooks and that whole avenue getting the input from all the people involved and all of the -- you know, not just on the Avenue but even surrounding there, I think would be great to get some of that input. So I kind of look forward to where that goes if it takes off. So I just wanted to say thank you for that, because that was something that organically came from the area, and when I brought it to you, you grabbed it. So I appreciate that. JACOBS: Thank you. MAYOR DICKEY: Anything else? Any other questions or comments? Thank you so much. JACOBS: Thank you. MAYOR DICKEY: Great job. Our next item is a call to the public. Do we have speaker cards? MENDENHALL: Mayor, we do not have any speaker card for call to the public. Just for one item we do. MAYOR DICKEY: Okay. Thank you so much. So our consent agenda is really big with a lot of partying organizations, apparently. So unless you'd like something removed, you could please give me a motion. FRIEDEL: So moved. TOWN OF FOUNTAIN HILLS Page 22 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 22 of 55 GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Thanks so much. Our regular agenda item begins with information about sister cities. Grady. MILLER: Yes. Thank you, Mayor. Mayor and council, the item before is a request to formally terminate the sister city status with Kasterlee, Belgium. Kasterlee, Belgium was the very first sister city that was formed for the town of Fountain Hills back in 1999. It was selected primarily because of its similarity to the town of Fountain Hills in terms of population, the culture amenities, and then also its proximity to a major metropolitan area. This, unfortunately, relationship has fallen dormant. There have been numerous attempts at trying to revive it, trying to get civic and cultural exchanges, try to find out what we can do to try to revive this relationship. Unfortunately, all the efforts on the part of the Sister Cities Corporation and also the Town of Fountain Hills really were not successful in trying to revive this. The only time that we have actually heard was recently the mayor of Kasterlee had passed away, the mayor who was mayor at the time of the formation of the sister city relationship, and the current mayor made Mayor Dickey aware of that, and we formed -- we submitted or sent condolences to the town. There's a number of other sister cities that are in the pipeline for potential consideration, but I want to let you know at the May meeting of the Sister Cities Commission, the commission that reports to the mayor and council, they formally voted to terminate the sister city status. And this is a big deal. In terms of sister city relationships, when you go to take one on, you don't -- you take it on for life, and so it's unfortunate that this is one that's become dormant and one that we can't seem to revive, and there doesn't appear to be interest on the part of our sister city. So the next step, if council considers this tonight, would be to approve the termination of the sister city status, and then the town would formally notify Kasterlee, Belgium about that, and then we'd also let Sister Cities International know that this relationship between the two cities no longer exists. With that, I'd be happy to answer any questions that the mayor and council have at this time. TOWN OF FOUNTAIN HILLS Page 23 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 23 of 55 MAYOR DICKEY: Thank you. Any questions? Did we have any speaker cards on this item? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Just along the same lines, obviously, we're looking at other sister cities right now and could have some visitors as soon as November from Italy. So we'll keep going in that direction, and sorry for their loss and -- of the mayor. And we'll -- I will take a motion, please. SCHARNOW: Mayor, I just would like to comment real quick. I was part of Sister Cities for many years. I've been to Kasterlee, and that was -- you know, Mayor Otten. I don't think he was mayor anymore at that time, but we had a wonderful time there. Super friendly people, and you know, it was -- I was there when Mayor Wally was the mayor, so we had -- and that's when we signed Dierdorf to be a sister city. And you know, we've hosted students from Dierdorf as well as Ataco, El Salvador. So it's unfortunate. We did try a lot different, you know, means to keep them, but for whatever reason, they weren't interested, so. But it is a sad loss, but hopefully we'll get another city and it's -- Sister Cities is a good program. So with that, I'll move that we consider possible action to terminate sister city status with Kasterlee, Belgium. MAGAZINE: Seconded. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. Appreciate your kind words. Our next item is construction phase 2 of the Panorama drainage pipe. Justin? WELDY: Madam Mayor, councilmembers. This project right here is actually the final phase to the Panorama storm drainpipe. For those that are not familiar, nearly all of the water that drains in our Panorama Saguaro Parkview area travels down a pipe on the Panorama and dumps currently into an open channel near El Lago and Panorama. In that area, there has been standing water for a considerable amount of time. Over 30 years ago, a pump was installed in that area to push some of that water back into Fountain Lake. There was a dispute and discussion between then-unincorporated Fountain Hills and the neighboring nation. Since that time, the pump operated for approximately 20 or 25 years without any issues. TOWN OF FOUNTAIN HILLS Page 24 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 24 of 55 And then at that time, it was under the Community Services, and the pump was rebuilt and moved into Public Works. With that said, we've had an ongoing issue for about 700 feet of that area, just outside of the drainpipe, where due to, for lack of a better description, nature-made ponds, water stands there year-round. We've certainly worked over time to try to pump it or push it to get it back down to our pump and move it to Fountain Lake, primarily unsuccessfully because it's very difficult terrain to work in. Having said that, went out for design, got the design, sent it out for bid and were surprised that we only got one bid on two levels. One, we're delighted that we got at least one. And two, we had four other projects recently that we released that nobody responded to considerably less dollar threshold, so we're delighted to have this one. In the end, what this will be is the final phase for that area. Anything south of that where any natural spring water flows is on private property, and the homeowner's association and the homeowners adjacent to that nurture and care for their little private nature walk down there. I would like to note that included in this is an updated pumping system that will considerably more than the average 30 to 60,000 gallons every 24 hours back into Fountain Lake. The reason I mention that is because all of this natural spring water that's pushed in there helps decrease, just a little bit, the salinity of that water, but it also helps to clear some of the triviity in there. The new system is designed to pump up to 100,000 gallons every 24 hours. Now, the total gallon flow over 24 hours is subject to change by storm events and the available flow of the spring water that's coming down there. It should also note that as part of the renovations that have been happening, an additional T was put into that section. So this project, because they have to dewater in order to get down there and work, all of that water will also be pushed to Fountain Lake with our existing pipe. So we're going to see a substantial increase over the next probably 90 plus days in spring water push back to Fountain Lake, which is a benefit because it helps to improve the quality of water. With that, if there are any questions related to this agreement, I'll do my best to answer them. MAYOR DICKEY: Councilman. TOWN OF FOUNTAIN HILLS Page 25 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 25 of 55 MAGAZINE: Justin, do you have any sense as to why companies aren't bidding? That's the first question. And the second is, you only got one bid on this project; is it a reasonable bid or is it worth rebidding it? WELDY: Madam Mayor, Councilmember Magazine, those are all excellent questions. We spoke to two local reputable contractors that do this type of work and have been here since the '70s, and I was admittedly surprised that neither one of them came. And each of them expressed to me, they simply have too much work and not enough help. Based on other projects similar to this but without the dewatering, this is right about the market price for this type of project. There are some exceptions, and the primary one is the supply chain for 66-inch-in-diameter concrete pipe. And several of the folks that we dealt with as part of this project indicated they are up to 24 weeks or longer out, depending on their supplier. MAGAZINE: How urgent is this? WELDY: In my opinion, it's urgent for a couple of reasons. One, we've received numerous complaints from the country regarding the mosquito population down there. And there are certainly several different types of treatment; none of them have been completely successful. Two, we need to improve the quality of the water in Fountain Lake, and this is an opportunity to do address that at this time by increasing the volume moved back to it. MAGAZINE: Well, and we don't know if or when the supply chain issue is going to be relieved. And I think we expect interest rates to go up, so I guess if we want back out, it could end up costing even more. Thank you. WELDY: You're welcome. GRYZBOWSKI: I know I sound like a broken record, but I'm going to take this opportunity to once again say, if we still have an environmental fee that our state legislator and attorney general have not gotten back to us on -- I realize the annual fee was not a million bucks, but it sure would have put a nice little dent in this if we still had that fee. MILLER: I just wanted to give assurances to both Councilmember Magazine and the rest of council that this dollar amount is very close to the engineer's estimate of what we got for the design for the construction. So we're very close, within, you know, a few TOWN OF FOUNTAIN HILLS Page 26 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 26 of 55 thousand dollars of what was actually estimated. So I think if we were to reject this bid and then go back out later, I think it's only going to be higher. So we're very lucky that the -- normally, I would just say reject the one, but with it being so close and knowing the issues that we've had with some of our requests for proposals, I do think that this is a decent bid. And I would highly recommend that the council approve it. MAGAZINE: If I may, can I just ask one other question? It really concerns me that they're not bidding on these projects. Do we have other projects coming up that you're concerned about? WELDY: In fact, we do. With the -- MAGAZINE: That's not the answer I wanted. WELDY: With the exception of concrete and asphalt, we are concerned about other types of construction as we begin to release things. And we're going to discuss this certainly later on in this meeting tonight. We're relatively secure in regards to a concrete and asphalt contract and contractor. However, what we are not certain of is the materials that they need to perform those projects. And as we move forward in this year, we will continue to bring capital projects. Depending on the scope, the complexity and engineer's estimate for those projects, we may, in fact, going out for bid and, once again, may or may not, have anybody respond or just have a sole contractor respond. MAGAZINE: With the supply chain problems, this is really going to affect the timing of everything. And I'm sure you're trying to factor that in as best you can. WELDY: We are, absolutely. MAYOR DICKEY: Grady. MILLER: Yes. So I wanted to let you know there was a session actually on the same very topic about this at the League last week that I attended. And it's a common problem, not just for us, but for the larger cities that are taking much larger dollar value of their capital projects. And the panel consisted of the -- essentially, the Public Works director of Glendale and also there was ADOT director and a small town manager -- I believe it was from Clarkdale -- and they were all talking about some of the issues that they've had, and they came up with some solutions. And one, in the case of Glendale, was having faster turnaround on their payments. And TOWN OF FOUNTAIN HILLS Page 27 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 27 of 55 they found that that has helped get more interest in having responses to their proposals. So we need to also look and seeing what we can do to make it more inviting for these business to want to take on the risk. If they have to wait a 45-day period of time before they get their draw or their first payment, that does make it very, you know -- it's a disincentive for them to get in it. So we need to kind of look at seeing what some of our peers are doing to improve this situation. But a lot of it is labor shortages, supply chain issues, and just the market is just really kind of out of whack right now. MAYOR DICKEY: Councilman. SPELICH: Thank you, Madam Mayor. Justin, would this be a situation where we discuss possibly some of the cost being absorbed by the sanitary district since the Fountain Lake is primarily used by the sanitary district for water storage, so they have a stake in this? Is there -- has there been any discussion with them or is this definitely something that we have to incur the entire cost for? I'm just trying to wrap my mind around the number. WELDY: Madam Mayor, Councilmember, that's a really good question. So this particular pump that we are currently replacing was actually managed and maintained by the sanitary district because of their expertise in this type of thing. It should be noted that the water is actually spring water, and while they do have some benefit for storage in that facility, most recently, they have been challenged because of the amount of water that was necessary to sell to their customers and the requirement to keep water in Fountain Lake. So while we do share some responsibilities with them, and they certainly provide us support in regards to their expert knowledge of pumping and pumping systems, in my personal opinion, this is the town's responsibility. SPELICH: So we get their knowledge for free, but we pay everything. WELDY: We certainly get a lot of knowledge and other benefits from the sanitary district, because they have funding and equipment and staffing that provide support to us. SPELICH: Just not money. WELDY: Correct. MILLER: I just want to -- it's a good point that Councilmember Spelich brought up. I just wanted to remind, I think, the Public Works director, you know, answered your TOWN OF FOUNTAIN HILLS Page 28 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 28 of 55 question responsibly on that. The one thing is, probably to your point, perhaps, when it comes time to a discussion about the lake liner replacement; that might be where we have the appropriate discussion with them on it. We actually had a pump on -- that was, I believe in January, went out on this. WELDY: November. MILLER: November. And so the sanitary district actually provided their pump and hooked it up. And we also get -- I think the last time we valued it, I think we've had, like, over a million and a half dollars of value of free water that we don't pay for. So we always like to just keep that in mind that, yes, we do have this partnership with the sanitary district, but right now, I think it's been working very well. And I do think when there are opportunities to your point, Councilmember, that maybe something like the lake liner or, you know, when we're just trying to talk about a storage tank system, there might be opportunities for those projects to be more of a partnership that we can work together with them on. SCHARNOW: Yes, thank you, Madam Mayor. Justin, it seems over the years, I've noticed, you know, that particular area of the wash gets really overgrown and then it's cleared out once in a while. Has that been the town doing that or the district or do you know? WELDY: Madam Mayor, Councilmembers, it's actually town staff and our contractors. Over the last several years, we've made several attempts to correct some of the low flow or slow flow and stagnant waters by removing vegetation to determine whether or not we could do some of this ourselves. Each time, we've discovered that it's all but impossible to get a piece of equipment down there without it getting stuck -- SCHARNOW: Right. WELDY: -- and requiring a larger piece of equipment. So we have managed the vegetation over the last several years primarily in the last two years to get all of the survey information we needed because it's quite active little area down there -- SCHARNOW: Yeah. WELDY: -- with creatures and things that enjoy living in that type of environment. MILLER: So that's one aspect that'll be taken care of in terms of ongoing maintenance or staff commitment to that kind of a maintenance issue. So that's one positive. TOWN OF FOUNTAIN HILLS Page 29 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 29 of 55 MILLER: We have to be very careful too, because under federal law if we don't do what we're doing to get that cleared out, it could be declared a repairing habitat of which case it's a protected area. And so we have to make sure that that doesn't become a repairing habitat. So that's why it's important to get that cleared. Plus, if you noticed the vegetation that's in there, that's, you know, the high reeds and such, that's actually invasive species that are not native, necessarily, to Arizona. So it's all -- SCHARNOW: Right, yeah. MILLER: It's good to get that cleared out. SCHARNOW: And so the stockpiling of dirt that's part of this anticipated project, correct, and that's -- it'll be taken care of? WELDY: That is correct. As part of our cost-saving efforts, that large pile of dirt there, which is nearly enough to cover this pipe, was delivered to the town or given to the town by numerous, several contractors working on projects here. There's several benefits to that. One, we do not have to pay for this material which is suitable for this type of project. Two, it reduces the overall cost for the new or soon to be new homeowner and/or business owner, and lastly, it reduces the amount of truck traffic that is required to travel not less than ten miles from this community to dispose of that dirt. And I don't have the number in front of me, but I think it's a -- it reduced our cost by about $150,000 for that free dirt. And for clarification, I should note, this pipe does not require a trench. The hole already exists; it simply needs to be leveled, the pipe set in there and that dirt put over it. MAYOR DICKEY: Do we have any speaker cards on this item? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. I want to thank you, Justin, for your input on this design because you made it personalized for the use in Fountain Hills. And also to Sharron's point, the storm order fee in the four years or so that it has been, you know, removed or under threat, however you want to say it, was probably getting close to $2.5 million. So that -- it does add up. So it really, really would be helpful for situations like this and the wash later when we talk about the washes. And again, the spring water or the ground water going in and it's going to be so much more with using this pump now, so TOWN OF FOUNTAIN HILLS Page 30 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 30 of 55 it'll help with the level and with the quality. Any other comments or questions? Can I get a motion, please? MAGAZINE: Mayor. MAYOR DICKEY: Yes, sir. MAGAZINE: I would move to approve Professional Services agreement 2023 with ASR Construction Group, LLC, for construction of phase 2 of the Panorama drainage pipe in the amount of $1,88,543.21 and the associated budget transfers. MCMAHON: Second MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks so much. Our next item is along the same lines. This going over to you, Justin? WELDY: Yes, ma'am. MAYOR DICKEY: Thank you. Yeah, just get started. That's fine. WELDY: Madam Mayor, councilmembers. MAYOR DICKEY: (Indiscernible). WELDY: This is one of the contracts that we've discussed over the last several years, and this particular case the city of Chandler with their resources and staffing put together a scope and fee for concrete replacement and repairs and set it out to bid. VinCon Engineering and Construction was the low bid for this multimillion-dollar contract. Over the last several years, they have managed to be the low bidder on not only this one for Chandler but an adjacent one for Scottsdale. Each of these agreements, cooperative agreements, have greatly benefitted the town. Again, they've done all of the leg work on this by putting together the scope and fee and soliciting bids, opening bids, and making sure all of the background was there. I noted after I finished this staff report that there were a few things that I probably could have included in here, but I didn't want to make it so big that no one wanted to read it. I listed several projects that we have, including some capital, some street fund, some community services/parks, and those are relatively small dollar amounts compared to what we're asking you to approve, which is the $800,000. The $800,000 will not only cover the rest of the work this year for council approval of capital projects when they are approved, but also when we get ready to do any future TOWN OF FOUNTAIN HILLS Page 31 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 31 of 55 paving, and this is coming up in the future, we'll go in there and fix and repair any sidewalks or curbs or curb opening ramps. Also for any trip hazards that we have in any of our parks, this will cover that. And any -- and this will also be included in our sidewalk infill. Two different projects. Not the $2 million grant one. If this construction company wants to bid on that separately, they probably will. This is for the $300,000 that the mayor and council approved in that. So I know that $800,000 is a big number, but two and a half years ago, we had to come back to council on an emergency basis and ask for an amendment to one of these because we did not have the contract authority to finish some of our capital projects. We're being -- proactively trying to get these dollar thresholds a little bit higher so we can be prepared. If there are any questions related to this one, I will certainly do my best to answer them. MAYOR DICKEY: Thank you, Justin. Oh, yes, Councilman. SPELICH: Thank you, Madam Mayor. So Justin, as part of this 800,00, 275,000 is based on the renovation phase 2 of the Community Center. So taking a trip back memory lane, before the $800,000 vote to improve the Community Center, I had brought up the issue about water mitigation and what the water problem was. And I was assured at that time that, barring any catastrophic event, you know, the renovation should move forward and, you know, we're not worried about the water damage. Well, lo and behold, in the last meeting, the vice mayor had brought up the fact that the Community Center had water intrusion that was major. And so I want to hear from you tonight, is this $275,000 towards the renovation of the Community Center going to once and for all mitigate any water damage to that building? WELDY: Madam Mayor, Councilmember, I would like to give you a definitive yes, this is going to fix it. However, we are not at that level here. We did have the assessment, and that firm will be in front of this council at the next meeting to give an update on that assessment. I put in an estimated dollar threshold to address some of the work in the event that we can do so this year based on the complexity. SPELICH: That was the best roundabout backdoor answer. That's masterful. Masterful. Okay. Well, let me tell you what my concerns are. My concerns are that that 275,000 is not going to scratch the surface of what is really going to be needed to once and for all fix the issues at the Community Center. So the TOWN OF FOUNTAIN HILLS Page 32 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 32 of 55 reason that I bring this up is Item F on the agenda today -- or this evening is the old roundabout study. And anybody in this room or anybody that's followed me will know that I'm not a big fan of studies. I would hope that the council take Item F and seriously consider spending money on a study for a roundabout instead of taking those dollars and putting those dollars to fixing our infrastructure, fixing buildings that desperately need to be repaired. Those monies set aside before we even get into the discussion of what we could have in the future. Let's put off what we can have in the future and let's focus on the present day. We've already got damage there; we don't know the estimate of those damages are. Hopefully the carpeting and the tile and all that and the smell can be remediated, but I caution the council to please, please think about this money that we're going to discuss in Agenda F and think about better ways to use that money because I truly believe, and I think you can read into Justin answer, that there's going to be more than $275,000 needed to fix the Community Center once and for all. I would think that the number would probably -- twice or three times that. So I just want to talk about it. I appreciate you putting the effort forward to getting this on the agenda and getting us to approve it and everything, but I think that that number is really low. And I would just caution spending money on studies and future when wishes when there's a present need. Thank you. WELDY: Madam Mayor, if I may add some clarification. This is just for the exterior concrete, an estimate. Because as we've discovered, the building is considerably lower than it should be and all the concrete around it slopes in. This dollar is just to change that slope to away from the building, not the store fronts or any other remediation issues that are necessary. This is just the concrete. FRIEDEL: Mayor. Mayor. MAYOR DICKEY: Oh, I'm sorry. So basically this is a -- this could be a pretty good estimate for this part of it? So you don't think this low balled it too much, because you're just talking about concrete right here? WELDY: This is just the concrete. In the event that we are able, through the process, to secure a firm and get some direction from an architectural engineering firm, that will be the first thing that we try and tackle. But we don't want to just jump in there. TOWN OF FOUNTAIN HILLS Page 33 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 33 of 55 Unfortunately, all of the information -- and we will discuss this in more detail at the next meeting. All of the information that Public Works and Facilities had indicated the lion's share of the water was coming up through the foundation with some nuisance waters around the doors. We believed that we addressed the issue at the front door by adding a drainage structure there and in fact, we did reduce if not almost eliminate that with the exception of a little bit of surface water. This other stuff in regards to storefronts, door and walls, we were simply unaware of that. MAYOR DICKEY: Vice mayor. FRIEDEL: Councilmember Spelich, if that was a motion, I would second it. I can't agree more. I think we really need to think about what we're doing here with this Community Center. We've got a lot of money in that building right now, $800,000 renovation. This is just, like Councilman Spelich said, probably just the tip of the iceberg to help remediate some of the water intrusion on the outside of the building. We don't know what we're going to find when we tear that all up either, probably. So again, I think a wise decision has to be made here. The roundabout study is something we don't have the money to do the roundabout. I would like to see that pushed to a future date if possible. I know we're not on that item right now, but at any rate, we've got a lot of money going out here. We need to take care of this Community Center. 80,000 people a year go through that Community Center. I think it's important. MILLER: Grady. Yeah, I just wanted to clarify. This is a concrete contract that Mr. Weldy identified all potential uses, including what may be used for the Community Center. The idea is that we would get this contract in place so that as our needs evolve and change, it could be used now and in the next couple years. So that's what, you know, we're talking about tonight. Again, as Mr. Weldy said, again, I'm getting off the topic a little bit, but when we did the remodel of the Community Center, there was some water mitigation efforts that were done and that, at the time, is what we anticipated based on previous facilities reports on where water intrusion came into the building. In any case, we will be coming back, as was mentioned by Mr. Weldy, with a very thorough report to you at the next meeting after having some assessments, preliminary TOWN OF FOUNTAIN HILLS Page 34 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 34 of 55 assessments by an architectural firm that's looked at the problem, and they'll be issuing some findings and recommendations that will be shared with the council. So this is really just a concrete contract before you. MAYOR DICKEY: Thank you. And the reason these items are before the last item is because that discussion will be had as far as -- well, it's not a study, it's a design, but, you know, we know that there are a lot of things swirling around now, including some of our previous discussions. So anyway, this is for concrete. This is, hopefully, going to be a close amount to what that aspect for remediation will be. But it gives us the leeway to go ahead and start to do some of that in this fiscal year. Do we have any -- SCHARNOW: Mayor. MAYOR DICKEY: Oh. SCHARNOW: As quick -- MAYOR DICKEY: Sorry. SCHARNOW: Quick question. You know, we've had several CIP presentations, you know, since our retreat back in February, and the number escapes me, but how much do we have in the budget for CIP improvements this year, approximately? Just to put things in perspective. MILLER: Six or seven. WELDY: Seven. SCHARNOW: Seven million? Okay. Thank you. FRIEDEL: I have one more question. MAYOR DICKEY: Okay. Sure. FRIEDEL: Justin, do you know off the top of your head, we spent $800,000 in renovations for the Community Center. How much of that was spent on water mitigation? WELDY: Madam Mayor, Vice -- FRIEDEL: Ball park. WELDY: Madam Mayor, Vice Mayor, $50,000 separately just for the front door and several thousand dollars on other issues in regards to sealing and caulking and that type of stuff. But just the front doors, $50,000 by itself. TOWN OF FOUNTAIN HILLS Page 35 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 35 of 55 MILLER: There was a solution that we had a third party recommend that you probably remember. We've talked about a vapor barrier, which would keep the moisture that is naturally in the foundation from percolating up into the floor coverings, and there was a innovative way of using a particular glue product on the carpet tiles that we used. And so that is something that we're still evaluating if that's really working or not. MAYOR DICKEY: One of the things I asked Justin about and Grady earlier was the relationship between us and these other cities that we piggyback onto and -- because sometimes it looks like do these projects go through some other entity, and they really don't. But what this is helping with some of the discussion that we had previously about getting bids and getting, you know, supply chain and all that other stuff. So the relationship with Chandler is not that they are there to be an in-between, but we get a lot of information and we get a lot of good economic benefit from part of them. Yeah, so. Did we have any cards? I'm sorry. MENDENHALL: Mayor, no, we don't. MAYOR DICKEY: Thank you. Any other comments or make a motion, please? GRYZBOWSKI: Move to approve Cooperative Purchasing Agreement C2022-030 with VinCon Engineering Construction, LLC, in an amount not to exceed $800,000 during the initial term of the agreement with an aggregate not to exceed, inclusive of all renewal terms, of $4 million. MAYOR DICKEY: Easy for you to say. FRIEDEL: I'll second that BMF motion. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. So our next item is along the same lines with Visus Engineering and -- right? Is that it? Yeah. And this is about our pavement. Justin. Oh, wash maintenance. Sorry about that. WELDY: Madam Mayor, Councilmembers. This one right here is storm cleanup support. A few years ago, we solicited requests for proposals and also pricing for on-call day and night storm services to provide support to the limited town staff street department and parks. Two local vendors submitted and also Visus submitted. Those other two contracts have already been amended and have multiple year. This one had TOWN OF FOUNTAIN HILLS Page 36 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 36 of 55 not. And this is our primary trucking and heavy equipment. The unit prices in here just cover that, and we certainly discovered over the last several months with these rainstorms that come through that $100,000 really doesn't go very far when you've got to remove thousands of tons and get equipment to do so. So this contract is directly related to trucking and heavy equipment, primarily related to post-storm and pre-storm preparation. GRYZBOWSKI: Broken record here again. Once again, had we still had the environmental fee, which Mayor Dickey pointed out that we'd be $2-plus million here, this money could have -- or its money could have been applied to something like this, because it's storm water. Okay. That's the only time I have to bring that up again today. We're done. MAYOR DICKEY: Any other questions or comments? Do we have any speaker cards on this? MENDENHALL: Mayor, no, we don't. MAYOR DICKEY: Okay. Thank you. Anybody like to make a motion, please? FRIEDEL: Move to approve Amendment Number 1 to Professional Services Agreement 2020-070 with Visus Engineering Construction, Inc. in the amount of $100,000. MAYOR DICKEY: Thank you. MCMAHON: Seconded. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you so much. Now, pavement preservation. Thank you, Justin. WELDY: You're welcome. Madam Mayor, Councilmembers. This one right here is directly related to our pavement maintenance. As stated in the staff report, a resolution was passed, and the staff follow the direction of the mayor and council and stopped the zone approach and began to save the roads that could be saved. This was about almost ten years ago now, but not quite that long. At that time, we spent the limited funding we had based on the direction given and the assessment of the streets, go and save those roads. We did so. Those roads are now up for their first treatment, which historically is to fill the cracks with a rubberized product and then put a preservative seal on them. There's a relatively small number to finish that. TOWN OF FOUNTAIN HILLS Page 37 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 37 of 55 It should be noted that last year, we came before the mayor and council and asked for funding for this contract. Since that time, we have been out there milling and overlaying streets. We've been crack-filling streets. And each of those phases, we have provided exhibits. I didn't include them all here tonight. And we are still continuing to move forward on just our basic maintenance to continue to save the streets that we can save with the funding that we have. It should be noted that this -- we are asking for your permission for $2.5 million. We're not going to spend near that to get the preservative treatments down. What we do want to be able to do is be prepared when we get direction from the mayor and council, based on the assessment recommendations from the committee, the town manager on moving forward so we can get started sooner rather than later on any of those projects when they are selected. And I am confident, based on the amount work the town manager and the pavement committee has put in, that we will be moving forward with some of that shortly. With that, if there are any questions, I'll do my best to answer them. MAYOR DICKEY: Any questions? I know I was asking about the big picture, because obviously, when people see that we're moving on pavement maintenance, they look for, you know, their areas and just to know what you just said is a good way to wrap it up. It's a big, big picture. We have a lot to go; we have a lot of finances and funding that is dedicated for this. And we look forward -- I don't know that we'll have our full committee report from our citizens, but we could possibly give an interim committee report in October. And I think along the same lines as what Gerry and David were talking about earlier is it gives us a better picture of where we're at overall if we know where we're going to go with this. But this is exactly the steps we need to take now for these particular roads. Did we have any speaker cards? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Maybe you should just tell me when we do. MENDENHALL: (Indiscernible). MAYOR DICKEY: Okay. Well, gee. Would somebody please like to make a motion? MCMAHON: I'll make a motion. I'll move to approve Amendment Number 3 to Cooperative Purchasing Agreement 202065.3 with M.R. Tanner Development and Construction Incorporation (sic) for paving, preservation treatments in the amount of $2.5 TOWN OF FOUNTAIN HILLS Page 38 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 38 of 55 million dollars. FRIEDEL: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Appreciate that. So our next item is the roundabout, the discussion for the design of the roundabout. I was tempted -- I almost took this off because of the same reasons that you're talking about with, you know, wanting to get full information from other areas. But since this report was put together so well and I wasn't sure if anybody from the firm was going to be here, I figured we'll hear the item and we'll discuss it and likely look forward to discussing it again in the future, so. Justin. WELDY: Thank you, Madam Mayor. Madam Mayor, this particular design contract goes back several years to the downtown visioning, the swaback (ph.), and several other elected bodies that are looking to make improvement to several intersections primarily around Fountain Park, Avenue of the Fountains, El Lago. And I'm mentioning some of those other areas, because those improvements, including the construction of a traffic signal at El Lago and Saguaro, have already taken place, an upgrade to the traffic signal at Panorama and Saguaro. This one of the keys. What we have is a three-legged intersection controlled by an all-way stop. All-way stops are an ideal situation for traffic calming. We have just one minor issue -- is there's a distraction if you're headed northbound out the right side and if you're headed southbound out the left side. At any time, you could sit near that intersection, and if the fountain's going off, more often than not, unprepared drivers go straight through that stop sign. Law enforcement does an excellent job of enforcing that intersection and our other roads as often and whenever they can. They just simply can't be there all the time. This is simply a concept and an option for that intersection based on analysis of improvements made at other three-legged intersections. We're bringing it forward tonight because we have a list of projects that are going to take a considerable amount of time. And if this is going to not move forward and be held for any number of reasons, it's a benefit to the limited staff that we have so we can concentrate on some of the others and bring them forward for approval, because it's important that we do what we can in that intersection to eliminate the conflicts between TOWN OF FOUNTAIN HILLS Page 39 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 39 of 55 the pedestrians and the vehicles. MAYOR DICKEY: Thank you. Councilman? MAGAZINE: Justin, do we have any accident statistics? WELDY: At this -- Madam Mayor, Councilmember, yes, there -- I have been --- we do a five-year diagram, and I don't recall that number because I didn't include it in this report, but there are a few crashes in that intersection on a regular basis over the five-year period. MAGAZINE: It would -- this is not a criticism, but it would seem to me that in trying to determine how to go on this, we should need -- we should have some very specific statistics: speeding, crashes, whatever it is. And I for one would like to see that. WELDY: Understood. MAYOR DICKEY: Pardon me? SPELICH: May I speak? MAYOR DICKEY: Sure. SPELICH: I welcome your staff to work on other projects. I wholeheartedly support your staff to have their ideas and their work channeled to another subject, because I agree with Councilman Magazine. Come to me with hard statistics, come to me with how many accidents happen there, not a guess. How many hard accidents happen there, pedestrian versus vehicle and vehicle on vehicle. Also come to me with how many traffic stops have been made there and how many tickets issued for people blowing that stop sign in any direction. I will reiterate my statement that there's things that we want, things that we need, things that we would like. I just would like to see this money -- sorry that I called it a study, Mayor. I didn't mean to -- design -- I'd like to take this design money and funnel it towards something else, mainly fixing the Community Center once and for all. MAYOR DICKEY: Councilman? GRYZBOWSKI: A couple of things. Two or three years ago -- I've lost track of time -- the council at the time voted to put the safety corridor signs up instead of -- I don't know if you even considered anything else, I always thought 35 was too fast for right there between El Lago and Palisades. So I always thought it should be 25 anyway, which I feel like will mitigate some of the issues. TOWN OF FOUNTAIN HILLS Page 40 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 40 of 55 That being said, I'm also a firm believer in, we can't get a grant if we're not shovel ready. Are there any grants out there that we are looking forward to applying for? To me, that's very important to know. Also, a question for probably Amanda: Did you talk to any of the business owners on the Avenue or in the area and what are their thoughts on this kind of traffic mitigation? UNIDENTIFIED SPEAKER: (Indiscernible). JACOBS: No. SPELICH: No? JACOBS: As the mayor mentioned the downtown group is just like the third meeting, so we have not talked about this. So sorry, no. Add it to your next agenda, please. Thank you. MAYOR DICKEY: Councilmember. SPELICH: Thanks, Mayor. So let's just say, Justin, for the sake of saying things, let's just say that in the next three minutes I suffer a traumatic brain injury and I want to vote in favor of this, okay? If we had the money and this design in made, what is the estimated cost? I'm not going to hold you to it, I'm not going to, you know, come back in January as a citizen and yell at you. I'm just saying, what do you think or what would be the estimated cost if we had the money, we did the design, and we're ready to roll? How much money are we talking about? WELDY: Madam Mayor, Councilmember, based on the geometry of that intersection, it's above a million dollars. SPELICH: Thank you. WELDY: You're welcome. MAYOR DICKEY: Yes, Vice Mayor. FRIEDEL: A couple of things. I wholeheartedly agree with the statistics being really important before we move forward with this. So the total amount was 392,000 for this design and study, I believe, right? Just under 400,000 at one point we were talking about? MAYOR DICKEY: I think that was for the (indiscernible). FRIEDEL: Oh, so that include the whole package. How much of that, Justin, can you tell me -- is any of that money dedicated or earmarked for supervision of TOWN OF FOUNTAIN HILLS Page 41 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 41 of 55 the construction of this project or is that all design and study or does it get into anything else? WELDY: Madam Mayor, Vice Mayor, this contract is simply the design. So the post- design services, when it gets ready to go to construction, that would be separate. This is just to design improvements to that intersection. FRIEDEL: And I think you're probably light on your million dollars for this whole project. I'm just guessing. I just think it'll be a lot more than a million dollars for the staircase, the overlook, the whole nine yards. We're looking at a big package there. I almost would like to make a motion to table this to another time when we have statistics and information so that we can make a better, more informed decision and again use that money for our Community Center, which is in dire need. MAYOR DICKEY: Can I ask you to hold off on that motion? WELDY: For clarif --- FRIEDEL: Yes, I will hold off on the motion. MAYOR DICKEY: Thank you. WELDY: Madam Mayor, for clarification, the million dollars I referenced is just for the intersection, not the park improvements. That's a separate project altogether. MAYOR DICKEY: Grady. MILLER: Yeah, and for clarification purposes when we have these projects designed and engineered, that's when we get the engineer's estimate. So that's when we really have a good -- but Justin was giving his best guesstimate to answer your question. MAYOR DICKEY: Thanks. Yeah, and also, you know, just going back on the one that we did here and, you know, we had an issue that we had to correct, so it was more. But I think that one originally was about 700 -- but anyway, it's a lot, obviously. So when we first talked about this and we first had it on the capital improvement plan, not first, it was the fifth time we talked about it, but it was June, and David had said that in November he'd be coming back with better numbers. We're going to have the audit and we'll have our quarterly report in November, so that's one of the items that I was hoping that, you know, we would have before we had this item brought back. The street committee, I really want to hear from them. I want -- you know, we'll probably get some preliminary ideas about using the ARPA money and the, you know, millions of dollars TOWN OF FOUNTAIN HILLS Page 42 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 42 of 55 that we've put in, but also what's coming as far as possibly a bond in the coming years. So I want to hear about that. I do also, as you mentioned -- I would like to hear from the Chamber and from some businesses, do they see this whole thing -- and not just the roundabout, but the overlook and the ADA access, do they see that as something that's worthwhile pursuing from that point of view, from an economic development. And then last, but not least, if you know we have kind of a big decision about fire coming up, which is another expense, and so I know it's not the same, it's not capital, but it's -- you know, it's all going to be in our minds as far as money. So I would suggest again to postpone this decision, but it's not for that long. It's probably the first or the second meeting in November where I believe we'll have most of this information that I'm hoping will help us make a decision going forward on this, whether we think it's something that's worth doing. I do want to say, I really agree that it is the safest option for that intersection. I think most people realize that this roundabout has worked out pretty well when it comes to traffic. This one would be a little different; two lanes is a little bit of a different story, but there's so much -- there's so much research, there's so much history, there's so many examples of how this is absolutely a safe thing to do for our community. It's not really any other reason than that. That's the number one reason. So I don't know if you want to make a motion or if we can just agree to postpone until after we get the quarterly report. FRIEDEL: I want to make a statement, though, if I can. MAYOR DICKEY: Of course. FRIEDEL: I know you're -- the way that this thing was designed and written up, safety is bike safety, driver safety, pedestrian safety. I'm not convinced and maybe I'm wrong and all wet, you're pulling stop signs out and you're going to have a designated truck route at 30 or whatever miles per hour going through there with pedestrians trying to cross. Nobody has convinced me that it's safe. Now, some of the examples in your presentation, in the package, were rural areas out off of Dynamite Road where there's no pedestrian traffic at all. And those roundabouts seem to work fine. We have a lot of people crossing on foot at this intersection, and I'm not convinced -- you're pulling stop signs out and having traffic roll through, that that's any safer for pedestrian traffic there. TOWN OF FOUNTAIN HILLS Page 43 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 43 of 55 And again, maybe I'm all wet, but my common sense tells me that there's going to be an issue when you're going from a dead stop to a roll through and people trying to cross. We have a lot of people that cross there versus Dynamite Road where those roundabouts are. There's nobody out there. So they work fine out there. It's in a rural area where there's no pedestrian traffic. That's my point. MAYOR DICKEY: I appreciate that, but I -- you know, and if we do get to that point, there are just tons of examples of why it's safer for pedestrians. Yes, sir. SPELICH: I just want a clarification and full disclosure for all watching at home and in the audience. I don't remember you and I having a discussion about this in November. You had made mention that David and I spoke about this. I don't know what you're -- MAYOR DICKEY: David Pock. SPELICH: Oh. MAYOR DICKEY: I'm sorry. SPELICH: I was like you just scared me, and I was going to make an appointment. MAYOR DICKEY: I said he said -- SPELICH: Because I don't remember that. MAYOR DICKEY: He's all for this. No. SPELICH: Whew. Thank God. MAYOR DICKEY: It was David at a public meeting saying that this -- SPELICH: Two Davids. MAYOR DICKEY: -- would be a good time when the numbers would come back to -- SPELICH: Okay. MAYOR DICKEY: -- discuss this and these other -- SPELICH: Because I've never had a discussion with you and ever been in favor of this, ever, ever, ever. Okay. MAYOR DICKEY: Councilman. MAGAZINE: Thank you, Mayor. A month or more ago, I shared an article with the entire council about roundabouts and based upon reading that, I am convinced that roundabouts are the safest way to go. That's not my issue. My issue is the cost today and the cost in the future. And I want to ask Grady or Justin, if we were to get grants, what percentage of the total is likely can we get? Is it 60 percent, 80 percent? Do we have any TOWN OF FOUNTAIN HILLS Page 44 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 44 of 55 idea? MAYOR DICKEY: Grady can. UNIDENTIFIED SPEAKER: Grady. MILLER: Usually on -- it depends on the grant. If we are able to get like this federal infrastructure grant, they're going to be paying the lion's share of it. We may have a small match, like a six percent, that we may have to come up with. They may even allow the town's contribution to the design to be count towards that. But it's a very competitive process, and what we're hearing is that the key words are resiliency and also collaboration. So I would say that we might have a better chance on -- and I'm talking about just the federal infrastructure act that was passed by congress. Other potential possibilities, we may have to have as much as a 10 or 20 percent match, depending on the type of program. Typically, if you have the design, they want to have some assurances it's going to happen. So they typically look for the design to be done already, and they also have confidence level that with that design you also have an engineer's estimate, which helps them in determining whether they want to grant you the money or not. MAGAZINE: I would really like to see a roundabout and overlook. I really would. I think it would greatly enhance the town. I think it would be safe, but I am very concerned about the cost. And after hearing -- and the Mayor just mentioned it -- after hearing the presentation at the last meeting about fire service, we could be looking at a very, very big expense to do whatever it is we need to do, depending upon which option we take. We also have -- and you know I've mentioned this before. We've done -- we did a survey and the number one priority for our citizens is the roads. I don't think we can ignore that. MAYOR DICKEY: It's a road. FRIEDEL: Aren't most of those grants, though, based on projects that are needed for towns, not nice-to-have projects? MILLER: Yes, but transportation projects are considered needed, and in this case, you know, you're asking for safety, like accident data and things like that. That would also be used to justify, and they'll look at that as well as part of a grant application. But no, I would say any kind of traffic improvement, they definitely look at that as being something that would be more favorable now. The other part of the project, which is TOWN OF FOUNTAIN HILLS Page 45 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 45 of 55 the -- that park enhancement, that would be one that -- the nice to haves. May work, just depends on what type of grant program. It may be like, for instance, we can apply through the state. They have this heritage fund, and heritage fund monies are used for park enhancements and things of that sort. And so that would be something that if we mentioned that the underserved population -- for instance, the handicapped have a hard time accessing that park from the Avenue; that would probably give it a very high rating. And probably would make it likely that we'd get a big chunk, but it may not be the full amount that it costs to build it, so we would have to come up with the difference. FRIEDEL: And sometimes with those grants you have to be careful because there's a lot of stipulations with them as well. Sometimes the compliance for the grants end up being more than the grants themselves in some cases. SCHARNOW: Mayor. MAYOR DICKEY: Councilman. SCHARNOW: Yes, thank you, Mayor. That's a good point, Grady, on the heritage funds. You know, it went away for a while, but I'm glad it's back. And I know the town, early on, after incorporation, you know, was very successful in getting several of those heritage grants to basically build, you know, half, if not more, of Golden Eagle Park. so that's definitely a possibility. And you know, we can debate the pedestrian safety, I guess, all night long, but another aspect to look at is from a motorist standpoint. And that's one of the reasons why I think, say a traffic signal up on Palisades, you know, and Adero (ph.), Palomino, is a good thing because a lot of times, you know, there's -- the bulk of the traffic is on Palisades, so it's to their advantage to go through a green light and just keep going rather than stopping and all that kind of stuff. And you know, years ago when the three-way stop was put in at Saguaro on the Avenue, there were a lot of complaints from people because they were -- they didn't want to stop, you know. And I know the pedestrian traffic has increased since then, but I think from a motorist standpoint, you have to look at those things as well. And I understand the money thing and the prioritization, but on the other hand, it's like, you know, you could debate that on just about any improvement or project looking forward, and, you know, if some of the decisions that were made the last 30 years were all based on just money at the moment, I mean, half the things we have probably wouldn't TOWN OF FOUNTAIN HILLS Page 46 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 46 of 55 even be here. So you know, I think to enhance our downtown and to benefit our citizens and businesses and that kind of thing, you know, we've been concentrating on the downtown quite a bit the last almost four years that I've been up here in terms of the paving and the safety enhancements. And I see this as another -- just another piece of that puzzle. And I think, you know, it just benefits the whole special events thing and just the flow of everything. So I look forward to the future data in a couple months and see where we land on that. But you know, with a $7 million CIP budget, yeah, I mean, we could spend the 260 on something else. I get that. But we could spend a lot of other money on other things as well. And you know, we just heard this report from Community Services, 17 full-time employees, five parks, two trailheads, and you know, that's all quality of life, lifestyle, economic development that all ties together. So I think we have to look beyond just black and whites and just the money. There's more to it than that. SPELICH: Thanks, Mayor. Also, Justin, in the packet, it seemed like all of the studies and the diagrams and all of the things were specific to one-lane roundabouts. I didn't see a lot about two-lane roundabouts. And the reason I'm cautious about a two-lane roundabout, and the audience can back me up on this maybe, is if they've traveled down Hayden in front of the Harley Davidson dealership on your way to Costco, you're literally taking your life in your hands. As you drive around that loop, you either find somebody who's recreating vacation, Big Ben, spinning around in circles and circles because they can't get off the loop, or the one person in the number 1 lane halfway through making the roundabout entering into the number 2 lane so that they get to Gunsight. So if there's -- you can correct me if I'm wrong, but I believe that all of the things that were included by the designers were one-lane and it really didn't address the problems that are associated with two-lane roundabouts. WELDY: Madam Mayor, Councilmember, the initial from several years ago indicated if a single lane was built at that time, that by 2022 a second lane would need to be added to address the capacity, including the trucks. So the exhibits that we provided show an option of a one or two. MAYOR DICKEY: Thanks a lot. I know we have a speaker card, correct? Yeah. This TOWN OF FOUNTAIN HILLS Page 47 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 47 of 55 time we do. Thank you. MENDENHALL: Yes, Mayor, we do. First, we do have written comments, and one is from Thomas Gone (ph.), and then the other was from Ed Stizza. So now we do have seven speaker cards, and they'll be called in the order that they were received. So the first to speak is Brenda Kalivianakis, councilmember elect. KALIVIANAKIS: Thank you for reading my name right. Ms. Mayor, Town Council, Vice Mayor, thank you. The first thing I'd like to address tonight, Grady, is thank you for the invitation to go to the Arizona League of Cities and Towns conference. I had a really nice time there. I learned a lot speaking to the other managers, mayors, and council people. It was very informative. And then all of the cities elected their elect officials, so thank you for that invitation. I really appreciate it. I'd like to request tonight that either we vote this down or we table what has been discussed till a future date. It's way too much money to study it, way too much money to build it. This goes back to the want-to-have versus need-to-have projects, which we seem to talk about quite a bit. I think we need to tighten our budget. I think we have hyperinflation looming. We are in a recession and possibly looking at a depression if things get much worse. We're looking at tough financial times. These kind of expenditures at this point doesn't seem to be right. Our need-to-have items, which were mentioned already, fixing our desperately flawed and leaking Community Center, which I think is on the top of our list, fixing the roads, upgrading our infrastructure, flood mitigation. The original flood plan was flawed and engineered poorly, something that's gotta be addressed by us. In the report by Justin, he mentioned safety. The presumption that roundabouts are safe is a contested item. Has the Mayor or the town council been given reports or expert testimony on the danger of roundabouts? Okay. That's something that we should be looking into. Maybe before we take a vote, we should take a look at the negative effects of roundabouts. Bishop Legal, which does litigation in this area, has a five-point study on the dangers of roundabouts, one of which was, again, the multilane roundabouts, which were not mentioned in the packet. That's a big issue that was not addressed tonight. Now, I won't go into this all specifically. I can make it available to you after the meeting, but until we TOWN OF FOUNTAIN HILLS Page 48 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 48 of 55 get the other side of this, I think we have to put it on hold. We talked about traffic calming and traffic flow, and I -- simply put, I don't think there's a traffic flow problem here. I sit at the All American Sports Bar, and it seems to be a very nice flow situation. I don't see stoppages; I don't see back -- people backing up. It seems to work very well. I don't see where that's an issue. It also affects -- climate impact was another reason that we should be able to build this. And I think that's a real stretch, and I don't know how that got put on your report. The effect of one roundabout in one little city in one little town in this great big globe would be infinitesimal. The difference in our carbon footprint to make an analogy would be so insignificant, you'd have to search for it with an electron microscope. For those who don't know what an electron microscope is, it gives you images of nanoparticles and things at the atomic level, really small things. I don't think building this roundabout would affect the climate at all. The bottom line is, we need to fix the items that are important and are need-to-do, and we have to put the want-to-haves. The one other thing I'd like to address is the minimization of amount of disruption caused by construction, which was another thing on your list. Well, if we don't build it, there won't be any amount of disruption caused by construction because it won't be built. So thank you for your time tonight. I really appreciate it. MENDENHALL: Next up is Bart Shea. GRYZBOWSKI: Mayor, I think our buzzer over here is broken, so Linda was trying to wave at you. MAYOR DICKEY: Okay. Thank you. MENDENHALL: I'll try again. SHEA: Mayor, Council, thank you for the opportunity. I brought hard data. This is a traffic impact study. It was done on the southwest corner of the Avenue and Saguaro. It was updated as recently as June of this year when I submitted plans for the phases on this project. Nowhere in this, not one spot, is it warranted for a roundabout on either end of the Avenue. They have the stop signs that were installed as traffic calming devices are not warranted with traffic for safety or any other reason. Your estimate for the roundabout, it's about four million bucks. But that roundabout -- you can shake your head all you want, but the reality is, I do this for a living. That's what TOWN OF FOUNTAIN HILLS Page 49 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 49 of 55 that's going to cost to put a tunnel in. Why? Because I offered to put a tunnel in and handicap access into the park in conjunction with phase 1. Never even came up. No one wants it. Now, all of a sudden, we want to go back and get a tunnel and a stair and everything else and get a grant on something you can't prove as a need in any way, shape, form, or function, and with finality, this is a want. And when it gets to the grant level, and it's written up as a need, they're going to look at it and go, it's not. You can put competition with 700 other cities that have actual needs for items that go into this. This is not a need. You can't gerrymander the numbers well enough to make any portion of this a need. If you took all of the traffic that runs into Fountain Hills on the highest day ever -- because I did, which is great fair. It's the November, not the February. If you took all of the traffic and times it by two and a half, you still don't reach the numbers to put that avenue up. And ironically, to get to those numbers, the Avenue is closed; that intersections closed to get to those numbers. So do you not have a great fair to install this roundabout? Is that what this is? Because there isn't any way, shape in the world that you can call this as a safety item for the need in Fountain Hills unless this is a national firm that updates this for me. I spent $120,000 gathering data and doing analysis on the corner. I don't have an opinion. I don't have a thought. I have hard data that says it's not a need. And if it was a need -- here's the irony in this statement. If it was a need and even close to a need, I would have had to pay for it as an impact, because I put 400 units on the Avenue. The town would have made me install a roundabout if it was even close. It would have been in negotiations, and it's not. I guess I'm out of time. Thank you, Madam Mayor. Thank you, Council. If you want some data, I'm always available. SPELICH: Mayor. MAYOR DICKEY: Yes. SPELICH: I know we're not allowed to comment on -- MAYOR DICKEY: Well, now we can't get it to stop. MENDENHALL: Yeah, now it won't stop. UNIDENTIFIED SPEAKER: As long as it works now. SPELICH: I know we're not allowed to comment on call to the public, but -- MAYOR DICKEY: This is a discussion. TOWN OF FOUNTAIN HILLS Page 50 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 50 of 55 UNIDENTIFIED SPEAKER: Not a call to the public. UNIDENTIFIED SPEAKER: Oh. UNIDENTIFIED SPEAKER: You're good. SPELICH: Oh, okay. So I can comment on it. All right. So if towns -- if this has been submitted to town staff, like he just claimed, how come we don't have it? How come it wasn't made available for us to read? UNIDENTIFIED SPEAKER: I don't think he said that. SPELICH: Yeah, did -- Mr. Shea, did I misspeak? Did you say that you provided this to town staff? SHEA: Town council's been in possession of this traffic analysis since 2016 when it was done, when it was agreed upon how many multipliers we'd have to put in to make it work for all the traffic. Then we spent $40,000 doing traffic analysis on every entrance into Fountain Hills, including Rio Verde, (indiscernible) Verde. We had the correct math to know what the traffic was for 30 days. Then we used the town's analysis on traffic for the great fair, which Paul Mood insisted on, to make sure that we had all that could be. SPELICH: Right. But was your statement to the council in your remarks -- SHEA: Yes. SPELICH: -- saying that you -- MAYOR DICKEY: 2016. SPELICH: Oh, no, I thought he said June. SHEA: No, no, no. I have to provide updates on every project I put in. I have to put an impact analysis, so there are only four pages. The town has been in possession of this since 2016. As a submit new plans or I submit product type, I have to provide an impact analysis as to how many -- because we changed the parking down on the Avenue, I put underground parking in. And I also, at the town's request, took the entrance off the Avenue of Fountains to make sure that we could do our 28 different things. All that was negotiated back then. SPELICH: Okay. SHEA: So yes, the town does -- is aware of all of these -- all of this information. SPELICH: All right. So John, if I could have that sent to me? I don't know if the other councilmembers want to read it, but I want to read that study and I want the update from TOWN OF FOUNTAIN HILLS Page 51 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 51 of 55 June. Thank you. MENDENHALL: Okay. Our next public speaker is Larry Meyers. MEYERS: Mayor, Council, Vice Mayor. Well, I don't know how you follow that. But I was hoping to take a break from all this stuff, but you know, I saw the opportunity for going back-to-back in agreement with Councilman Magazine. And I couldn't resist it. And I'm coming back next time to go for a threepeat. So quote, "The intersection of the Avenue of Fountains and Saguaro Boulevard has been difficult for pedestrians and vehicles to traverse since the early 1990s. The primary cause of these issues is the wide median on the Avenue of the Fountains and four travel lanes on Saguaro Boulevard which creates an extremely large intersection footprint." Justin Weldy. The new design has pedestrian crosswalks crossing four lanes of traffic with a median in the middle, only this time, no one has to stop because it's a roundabout. In 1981 -- since 1981, I don't recall any pedestrian accident, let alone a fatality, at this intersection. Prove it and I'll stand corrected. I see no words, no proof of safety issue. Have any of you been down there at this intersection at 5:30 in the morning? I can assure you I have. It's a truck route with lots of people going to walk at the Fountain Park before the heat hits. I see no overwhelming call from residents for this waste. I hear them call for road repair. And during the election campaign, I recall a certain campaign publication presented, quote, see issues first through the eyes of the residents, prioritize residents' wants and needs. That was the mayor's publication. And a certain political action committee was called mean for pointing this out. If you spend 4 -- $260,000 to study, just to study, knowing full well that the incoming council majority does what they campaigned on, this will never get built, and that'll be $260,000 you can just flush right down the toilet. Once again, during the campaign, a certain political action committee called for a point, quote, remain financially healthy with an eye on future operational and capital needs. I think I've heard that here tonight, so I'm really happy. And that was Mayor Dickey as well. We were criticized for calling that out and said that that was untrue. So for once, I would like y'all to try listening, not demanding anything. Try listening. Use the money to fix the Community Center or whatever else needs to be done and take a pass on this for now or maybe forever. Thank you. TOWN OF FOUNTAIN HILLS Page 52 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 52 of 55 MENDENHALL: Our next speaker is Dave Long (ph.). UNIDENTIFIED SPEAKER: He left. MENDENHALL: Okay. Next is Crystal Cavanaugh. CAVANAUGH: Good evening, Mayor and the entire council. I like roundabouts in certain locations. I know the rules and I know how to use a roundabout. I understand the purpose of a roundabout is to keep traffic flowing. That being said, why would a multi lane roundabout be a priority or a smart choice in a location where there is a truck route, fountain tourism, and pedestrian traffic? Traffic flow will be interrupted, and it won't be safer as cyclists and able-bodied or disabled walkers abruptly cross into the traffic flow, some slowly, with children and strollers, some with dogs, some with walkers, canes, and wheelchairs, all in the midst of a design that works best when traffic can flow. There is a big potential for many more pedestrian injuries and fender benders as traffic stops abruptly in the circle or as drivers look towards the park when the fountain goes off, now with a moving vehicle, just not at the stop sign. And considering that the citizen's street commission, as has been mentioned, recently reported $60 to $80 million in unfunded backlogs for street repairs, this unnecessary, excessive spending for a design of a potentially unsafe roundabout and additionally a park project is irresponsible. Plus, where is the money going to come from anyway to implement a completed roundabout project? If we can't even afford the finished project, why start spending the money for a design that is unaffordable for us to build? And tonight, I was wondering about the $300,000. So that is -- it's almost $300,000, $260,000. Before I had heard it was $392,000, so I'm assuming that does include the after cost with the supervisory and the labor and things of that nature. Even so, it's a big amount if it never gets built. And in 2013, when a roundabout was discussed by the council, which did include Councilwoman Dickey at the time, the engineer at that time estimated at least a $940,000 cost for the roundabout alone. That was nine years ago. Labor and materials are certainly not cheaper; current estimates suggest that it will actually cost millions to complete this roundabout and park project. And at what cost do we want to have this discretionary, nonessential spending added into our budget? TOWN OF FOUNTAIN HILLS Page 53 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 53 of 55 This is clearly a want, as been pointed out. It's not a need for Fountain Hills at this time. So please be responsible and don't ignore the input from the citizens. Thank you. MENDENHALL: Our next speaker is Liz Gildersleeve. GILDERSLEEVE: Good evening. Liz Glidersleeve, Fountain Hills resident. I'm still a little stunned by what Bart Shea shared with us tonight. Not only is this roundabout design -- should be taken off the agenda for tonight or at least a motion to put it to some further time, but I think even November is too soon. But anyway, the design for the roundabout at the Avenue and Saguaro is clearly a nice to have, as people have said, not a need to have at this time. Hopefully, you can all see that. That's not to say it shouldn't be done. I just believe it's financially unwise to do it at this point in time. With road repairs recently projected to be in the range of 60 million to 80 million, considerably more than our $46 million annual budget, does spending $260,000 on a roundabout design study seem like a good idea to all of you for a project that will ultimately cost more if roundabout construction even moves forward? Plus, don't forget there is now a $67 million park place lawsuit pending over the town's head that needs resolution. The roundabout design study is like a homeowner who wants a pool in his backyard despite the fact that whenever it rains his roof and windows leak. So tonight, do you opt for the shiny pool or do you choose the responsible path and reroof your house and replace your windows? Do you choose, in other words, to place hard-earned dollars toward a roundabout study -- a roundabout design study, excuse me, or do you put the money and focus on road repairs and other need-to-have items? And please, resolve the park place lawsuit quickly with Mr. Shea. Enough of this nonsense. Thank you. MENDENHALL: And the last speaker card I have is for Dan Kovacevic. KOVACEVIC: [Kova-sev-vick]. MENDENHALL: Kovacevic. KOVACEVIC: Yeah. Hi. I'm Dan Kovacevic. Some of you might recognize me as sitting on Planning and Zoning. I'm here tonight as a private citizen. And the first thing I noticed when the roundabout was installed at La Montana and the Avenue was that I could not see any pedestrians catacorner. If you build a roundabout, you gotta have something in the middle that people drive TOWN OF FOUNTAIN HILLS Page 54 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 54 of 55 around, that blocks basically 90 degrees of the 360 degree circle. It is not a safer solution in an area of high pedestrian traffic. It's a safer solution in an area of low pedestrian traffic where you're trying to slow traffic down. But you can't get any calmer than stopped. And the three-way stop is the best solution and the safest solution. It's safer for the pedestrians; it's safer for the bicycles; it's safer for the drivers. I happened to see what happens when somebody makes a turn and goes about the roundabout the wrong way in Michigan this summer. And it wasn't me, but it's not a pretty sight. So my point is, you guys were elected to manage the town budget; that's your decision. It is not the safer solution than what we have right now. A yes vote puts our citizens at risk, and no vote is for safety. Thank you. MAYOR DICKEY: Thank you. So do we want -- do we need a motion or we just decide that we're going to go ahead and look at it in November when we have the numbers? Pardon me? SPELICH: How about January? MAYOR DICKEY: No, not letting you off the hook. MILLER: We can -- for purposes of tonight, we can take a motion to postpone indefinitely, if that would work for the council. ARNSON: Or (indiscernible). MILLER: Or two dates or ignore indefinitely or either. Either/or. MAYOR DICKEY: When we're going to have the audit and the -- is that going to be the second meeting in November or the first? MILLER: It's the first meeting. It's November -- MAYOR DICKEY: November 1st. MILLER: -- 1st or 2nd. MAYOR DICKEY: The 1st, I believe. MILLER: Yeah. MAYOR DICKEY: Yeah. MCMAHON: Okay. So make a motion to move this to November. MAYOR DICKEY: 1st. MCMAHON: Right. MAYOR DICKEY: Did -- I think that was her motion, right? TOWN OF FOUNTAIN HILLS Page 55 of 55 SEPTEMBER 6, 2022 CITY COUNCIL MEETING Page 55 of 55 UNIDENTIFIED SPEAKER: That was a motion? MAYOR DICKEY: Yeah. UNIDENTIFIED SPEAKER: November what? MAYOR DICKEY: 1st. The first meeting, that's when David will give us his report. SPELICH: Seconded MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. UNIDENTIFIED SPEAKER: You're welcome. MILLER: Mayor. MAYOR DICKEY: Yes, sir. MILLER: I'm sorry for interrupting, but I was wondering if you wouldn't mind taking a brief break for the council. MAYOR DICKEY: I think I'm going to adjourn this. MILLER: Oh, I'm sorry. I apologize. MAYOR DICKEY: But before we do that, I wanted to mention that for our future agenda, probably October 4th, after we've been talking about wanting -- whoops -- more information. UNIDENTIFIED SPEAKER: Oh, you're done. MAYOR DICKEY: Never mind. We'll -- we need to talk about the fire -- you know, we had that great presentation, and so could we bring that back so that we can all discuss that? And I think October 4th will probably give us enough time. And I also wanted to say that I know that we're all going to be thinking about those who were lost, you know, the heartbreaking changes in our country on -- 21 years ago, in fact, on Sunday, September 11th, so I want to thank you all for that. We'll adjourn right now and we're come back for our work study in ten? MILLER: Yeah. MAYOR DICKEY: Okay. Thank you. TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 6, 2022 1. CALL TO ORDER Mayor Dickey called the Work Session of the Fountain Hills Town Council held on September 6, 2022, to order at 8:08 p.m. 2. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember David Spelich; Councilmember Sharron Grzybowski; Councilmember Alan Magazine; Councilmember Peggy McMahon; Councilmember Mike Scharnow Members Absent: None Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: One member of the public was present. 3. REGULAR AGENDA A. DISCUSSION AND POSSIBLE DIRECTION: Presentation of the Initial Assessment on the Town's Law Enforcement Services by Matrix Consulting Group. Greg Matthews, Senior Manager with Matrix Consulting Group provided an overview of the initial assessment of the Town’s Law Enforcement Services and answered councils’ questions. 4. ADJOURNMENT With no further discussion, Mayor Dickey adjourned the Work Session. The Work Session of the Fountain Hills Town Council held on September 6, 2022, adjourned at 9:32 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 6th day of September 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th Day of September 2022. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 1 of 36 Post-Production File Town of Fountain Hills September 6, 2022 Work Session Transcription Provided By: eScribers, LLC ** ** * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. ** ** * TOWN OF FOUNTAIN HILLS Page 2 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 2 of 36 MAYOR DICKEY: We are back. We're going to open up our work study session. We don't -- well, we're all here, so. And we'll get started. Grady, do you want to kick it off? MILLER: Yes, I'll just make some introductory remarks. So, Mayor and council will recall that the council awarded a contract to Matrix to conduct an evaluation of our law enforcement program. And as part of that, we're trying to obtain information that could also help us with our next intergovernmental agreement with Maricopa County's Sheriff's Office. But a big part of this assessment was to look at various different service options the town has for providing law enforcement services. And I think just to make sure you're aware, tonight is just part 1. Part 2 will come back in November. Tonight is just going to be -- they're going to provide the findings too, and then they're going to try to get from you service levels of what you think we ought to be providing as a community. But I'm going to go ahead and turn it over to Finance Director David Pock, who has some few remarks before he introduces our team or consultant from Matrix Consulting. With that, Mr. Pock? POCK: All right. Good evening, Mayor. Good evening, council. Yeah, I -- if you remember, two weeks ago we did do our fire study. That was a final report. This is a little different. It's an initial assessment, as Grady mentioned. It's basically going be an overview of the analysis of the data that Greg from Matrix was able to collect, and based on that and the discussion tonight, he can go back to prepare a final -- or a draft report to bring back at the November 1st meeting. Just to give you a little background on Matrix, it's been around since -- or was founded in 2002. They've done over 400 different studies and analyses of different departments. Some of those -- or over 400 clients, including Phoenix, Buckeye, and Peoria. So there is some experience here in Arizona. We did award the contract in November of last year, so just about ten months ago. And that's it for now. I would just like to introduce Greg Mathews from Matrix to go through his presentation. MATTHEWS: Well, good evening, council and Mayor. Thank you for having me in this workshop environment. As I was introduced, my name's Greg Mathews. I'm a senior manager with Matrix TOWN OF FOUNTAIN HILLS Page 3 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 3 of 36 Consulting Group, and it's wonderful to have the opportunity to speak with you again. As you probably remembered, I interviewed each one of you several months ago, either on the telephone or via Zoom, so I'm happy to have an opportunity to talk with you again. I have a slide presentation. It has about 20 slides in it, and I can probably get through each one of these slides in about a two-minute average. So we're looking at about a 40- minute presentation. But given this is a workshop environment, please feel free to interject and ask questions as we go along, and we'll have an opportunity also for questions at the conclusion of the presentation. But I do encourage you, as we go through this, to talk, you know, and ask me questions as we go along. I appreciate the background on Matrix Consulting Group. Just a little bit of background on myself. I've probably provided this to you when we spoke, but I started my career in the mid 1980s in law enforcement at Pasadena Police Department, where I did patrol services. I did uncover work, vice, narcotics, and finished my career there in air support. We actually had a helicopter in Pasadena, so I was an observer in the helicopter. And then my first wife asked me to leave the profession right after the Rodney King riots occurred, so I followed the instructions of my first wife and did so and did some other things in local government, and concluded my career as deputy director of auditing for the City of Los Angeles, where we audited the 44 departments in L.A. And I've working with Matrix Consulting since 2005. I'm part of their public safety division. About two- thirds of our national work is in public safety, the other third is in other local governments services. So that's just a little bit of background on me. David already provided some information on Matrix, so let's go ahead and proceed a little bit with the presentation here. So let me just kind of remind you what the project scope of work was. It was really intended to provide a comprehensive review of the Maricopa County Sheriff's Office contract. And the elements of that review included looking at the terms and conditions of the existing contract and commenting upon those in our analysis, reviewing the service levels that you're receiving now and doing the data analysis surrounding those service levels, and then providing to you some alternatives relative to contract services approaches to be provided by the Maricopa County Sheriff's Office. Those are some of TOWN OF FOUNTAIN HILLS Page 4 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 4 of 36 the things we'd like to discuss tonight. In addition to MCSO, we were to assess alternative contract service delivery partners and what are those potential partners regionally that may be able to provide service to you, assess any interest that may have in providing that kind of service to you, and then also another key element of this study was to address the potentials and possibilities of an in- house police department and developing a pro forma budget surrounding what that in- house police department would look like. So we're going to talk about several of these elements tonight, but just as a reminder, that was the project scope of work that you contracted with us. So what is essentially today's meeting agenda? What are we trying to accomplish today? So as David already suggested, this is part 1 of 2. This is intended to be a discussion of the issues and assumptions and to discuss the preliminary report findings and some broader conclusions that we have, and as we suggested, there's a precursor to the draft report that we'll come and discuss with you November 1st. So what are the discussions and topics that we'll discuss tonight? We'll talk about the contracted staff that you have with the sheriff's department, compared to the actual deployment that you're receiving. What are the patrol calls for service and self-initiated activity? I'll define that for you. We'll have a discussion surrounding that. What is patrol and the role of proactive time and response time in developing staffing or recommended staffing levels? We'll do a little discussion surrounding that. What about investigations and detective workloads? What does that look like? How does that impact staffing? And what are the key issues presently that we see after our review of the contract within your current contract? We'll talk a little bit about those potential other contract partners instead of the sheriff's office, and then we will have an initial discussion surrounding that in-house police department possibility. So let's go ahead and begin. You know all this, so I'll move quickly through it. This is an overview of your community. Your population is about 24,000 in 20-and-a-half square miles. Your average age of your population is close to 60 years, with more than one-third TOWN OF FOUNTAIN HILLS Page 5 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 5 of 36 of the population considered at retirement age, 65 plus. You're considered, based on the data, one of the two safest residential areas in Maricopa County. So that's a highlight. Here's some data for you just to look at. It's based on the 2020 reports that the sheriff's office has provided to you on an annual basis. I don't have the '21 yet. The last time I looked, they do have one for the entire sheriff's department, but not specifically for Fountain Hills. These are the major crime incidents that occurred in 2020, ranging from all Part 1 crime such as theft and burglary, vehicle theft, robberies, sexual assaults, violent -- homicides, and assaults. If you look closely at the numbers, 204 thefts, 72 burglaries, et cetera, et cetera. Your major crime events are about 1.2 per day. So that's what that number results in. So fundamentally, this illustrative of a very safe community, at least as it relates to these kind of Part 1 crime types. So what about the staffing level comparisons? As you know, the sheriff's office has been unable of late to provide some of the deputy staffing that they have been contracted for. On the left-hand side here is the contracted law enforcement positions, and they range from decimal positions, because that's all you're being charged for. By example, three-quarters of a captain because here in District 7, Fountain Hills is not the only service area in District 7. So this is the model that they and you have chosen for charging. A lieutenant at 1.25, down to 19 deputies you're contracted for. About two and a half detectives, sergeants, some clerical, admin assistant. And then here in District 7, you have the facility for the entire District 7 sheriff's office, and these are the numbers of staff that are deployed presently. One of the highlights, of course, is the number of patrol deputies. 13 patrol deputies, this was in May of 2022, and again you're contracted for 19 deputies. And as you're more than familiar, there has been an issue, not only here, of course, at this sheriff's department, but nationally there's a staffing issue in law enforcement, and this is being reflected here at the sheriff's office. So this is just a comparison between what you're contracting for and what you're getting, and we'll TOWN OF FOUNTAIN HILLS Page 6 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 6 of 36 discuss, based on what you're getting, what are the outcomes of that. So let's talk in general about patrol services first. We'll give you an overview of that. As you're all also familiar, patrol services is the core business of law enforcement, at least local law enforcement. There's other services that are provided -- detective services, crime prevention services, school resource officers, other things -- but this is truly the cornerstone of local law enforcement. Fountain Hills is contracted to deploy four deputies each shift, but presently, because of those staffing issues we just discussed, they're deploying three deputies per shift, generally speaking. There's patrol sergeants, which are supervisors in the field, that basically augment patrol deputies. They are there to supervise. They are there to provide call for service backup. They're even there to respond to calls for service as necessary. So that's part of the staffing that you have. Generally speaking, Fountain Hills, because of the staffing levels that they have presently, is operating at minimum staffing levels. That would be one sergeant and three deputies, rather than the one sergeant and four deputies that you're contracting for. So let's talk about in the context of patrol services, what are some of the key workload components for patrol? And what they are is community generated calls for service; CFS we'll refer to it here in the presentation. You'll hear me probably refer to it as CFS. You'll see it in the report. But those are community generated calls for service and then there's deputy self-initiated activity. We'll talk a little bit about the difference between those two. And then one of the key performance metrics for patrol is the response time to your community. How quick can a deputy get to me when I pick up the phone and ask for help? So that's a response time metric. We'll talk a little bit about that. So this looks a little busy and it is, but what it is, you can see on your monitors hopefully, is it's the calls for service data for 2021, the last calendar year. And what this shows, it's the one on the left, is a heat map, if you will, of the busy and slower times by day and by hour. So if it's red or hot, those are the busier times of the day and week, and if it's green, those are the lower or slower times for calls for service. You can look at the rows and you can look at the columns, but fundamentally I ask you to focus in the far lower TOWN OF FOUNTAIN HILLS Page 7 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 7 of 36 right corner, and you'll see the total calls for service in 2021 was 4,324 calls. Some of the busiest times, if you'll look at Friday at 10 a.m., that's red at 51 calls. Well, what that means is over the course of the year, at 10 a.m. on Friday, 51 calls occurred. So over the course of the entire year, 4,324. What did those calls look like? What kinds of calls were they coming in? And that's the table on the right, if you will. What that is, it's a different kind of heat map. Those bars to the right, the darker the bar the more intense or frequent that kind of call occurred at that particular timeframe. But those are ranked numerically from top to bottom, the frequency on what these called occurred. So the top one was a welfare check, where we have 727 calls for service for a welfare check of your community. The HT, the number next to the 727 for 32.6, that's the handling time, how long did it take the deputy to handle that call once the call was received, because the handling time's from the perspective of the recipient. Once the call's received to the time the deputy clears, that's the handling time. So you have your top ten call types, welfare check, a false burglary alarm, motorist assist, suspicious activity, et cetera, et cetera, all the way down. Of particular note, you won't see a particularly dramatic kind of call for service in your top ten, meaning, oh my god, I'm being robbed, can you get here? Or I've just had a burglary, can you please get here? Or there's a major traffic accident, can you get here? It's not those kinds of calls here in Fountain Hills. MAGAZINE: (Indiscernible). MATTHEWS: What I mean by what, exactly? MAGAZINE: About the kinds of calls we get. MATHEWS: The top ten kinds of calls you're getting are not burglaries, are not robberies, are not thefts. They're these other kinds of calls, like a welfare check -- MAGAZINE: I see. MATTHEWS: -- or a motorist assist or there's a traffic hazard in the road. So the good news is, you're not getting calls from your citizenry saying I've been robbed or burglarized or, you know, somebody's beating me up or something like that. These are essentially lower priority calls and kinds of calls. And we'll talk a little bit about that too. TOWN OF FOUNTAIN HILLS Page 8 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 8 of 36 So that's the call for service profile you have here in the Town of Fountain Hills. With respect to response time, remember I said one of the measures of effectiveness of patrol services, at least from the community's perspective, is response time, how fast does a deputy get there when I call. And the response time is the time between I call dispatch and the deputy gets to me. That's response time. So the response time used by the sheriff and used by many law enforcement agencies is based on a priority 3 level -- 1, 2, and 3, 1 being the highest priority, 3 being the lowest priority. With respect to response time, you can see the column that says median RT; that's essentially the midpoint or the average response time. For a priority 1 call, let's look at that: 4 minutes. Average response time for a priority 2 call, 8.7 minutes; and 3, 11.5 minutes. This response time type, and it looks like it's a little faded on here, but that is an exceptional response time capability that the sheriff is offering you. Getting to a priority 1 call in 4 minutes on average or less is the goal that most law enforcement agencies have nationally and the vast majority of them cannot meet. Similarly, priority 2 and priority 3, generally speaking, typically law enforcement agencies will have a 15to 20-minute response time target for priority 2, and a 30-minute response time target for priority 3. You can see the performance that the sheriff's office offers relative to priority 1, priority 2, and priority 3. Very rapid response times. So that is an exceptional response time and performance metric that you as a community and the sheriff should be proud of. As we noted earlier, with respect to the kinds of calls for service, you can look here and see in priority 1, only two percent of the calls for service here are priority 1 calls. That's I'm being robbed, or there's an injury accident on the road, or something like that. The other are priority 2 and priority 3, about 98% of the calls. Okay? So we talked a little bit about their response time. I've given you a profile of the calls for service, and that is particular workload that results in something that we term proactive time. So let me give you an overview of proactive time. Proactive time is the model that we utilize at Matrix that basically assists us in determining your necessary staffing levels, or what we believe are appropriate staffing levels for you. The proactive time TOWN OF FOUNTAIN HILLS Page 9 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 9 of 36 model is supported by the International Association of Chiefs of Police. That's the model that they prefer and suggest you use. You've probably heard officers per thousand, deputies per thousand. I could spend an hour on that topic. I'm not going to. I'll just say we don't use that. We do the proactive time model. So what is proactive time? Proactive time is that free time a deputy is available after they respond to a call for service and do all the things associated with the call for service. So it's their call for service response, it's the administration surrounding calls for service, I got to write a report, I'm taking somebody to jail, I have to do a jail run -- those kinds of things. A call for service also incorporates Deputy Mathews backs up Deputy Smith. That's considered time dedicated to a call for service. I go help my partner out, that's time associated with that. Then there's things that come out of proactive time such as administrative workload. You know, I have to fuel my car, I have to go to a shift briefing -- those kinds of things. That is deducted. And then there's meals and rest breaks. That time is deducted. So once I'm doing calls for service, once I've done my meal, once I've done my shift break, all of these things, then what's left over is how much proactive time do I have to do other things. MAYOR DICKEY: Mr. Mathews, could I ask you something about that? MATTHEWS: Please. Yeah, uh-huh. MAYOR DICKEY: So you'll probably get to it, but in our case, we came up too, you know, too high with that percentage. But how does that -- and again, I'll be looking for your advice. How does that translate into actual -- you could do another whole project. I mean, you could see a bunch of different guys and gals having that -- maybe too much proactive time, but does that translate into, okay, let's have another -- let's have a program, maybe, that -- MATTHEWS: Yes, it does. MAYOR DICKEY: Does it? Okay. MATTHEWS: Absolutely. And I appreciate you reading ahead because yes, I will get to that. We'll talk a little bit about those proactive time blocks and what you can do with TOWN OF FOUNTAIN HILLS Page 10 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 10 of 36 them. But typically speaking, with respect to proactive time, what we like to see and what we typically -- not always, but typically -- recommend for proactive time for a law enforcement agency is a range of 35 to 50 percent. When we see a range outside of 35 to 50 percent, that's a red flag for us. Okay? Because too much proactive time or too little proactive time is a problem fundamentally, and we'll talk about, well, what kind of problems arise from too little or too much proactive time. But first, let's talk about what the proactive time is. And this is a table, proactive time by four-hour time blocks for the different days of the week with the overall average for those time blocks. And then again, I refer you to the bottom right corner, the overall proactive time for the entire week being 73 percent. So remember, in the prior slide I mentioned 35 to 50 percent is the proactive time range we're generally looking for. Anything outside of that is something worth evaluating further. If you'll look closely, it's another heat map, if you will. The dark green shows significant proactive time by time blocks. The lighter you get, the less proactive time. You can see it's actually reasonably busy from 10 a.m. to 2 p.m. on Monday and Tuesday. It's reasonably busy, but not quite as busy as 10 a.m. to 2 p.m. from 2 p.m. to 6 p.m. most of the week -- 52 percent proactive time, 47 proactive time, those kinds of things. But an average of 73 percent proactive time. So back to your question about use of proactive time for projects, or those kinds of things, let's just talk categorically about, you know, proactive time ranges and were there issues and or not issues, or what you can do. So 25 percent proactive time level or below, that's a real problem. Because an agency with that overall proactive time, they're doing what I did in the '80s and early '90s when I was in patrol at Pasadena. I was going call to call to call to call. If I could do a traffic stop, that was an unusual activity. If I could take a meal, that was unusual. So 25 percent or below, you don't have any proactive time in any reasonable block of time to say, I'm going to go park my patrol unit and do traffic enforcement. That's not really going to happen. The 40 percent proactive time level, however, is generally sufficient because with this overall average of proactive time, you know, most shifts officers will have certain TOWN OF FOUNTAIN HILLS Page 11 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 11 of 36 blocks available to go things. I can go do a business walk. I can do targeted traffic enforcement. I can park my cruiser for 15 minutes and, you know, pull out, you know, at people. At the 40 percent proactive time level, I can do some beat-specific programs that might be appropriate to address these community issues. Once I go up to 50 percent proactive time, then I even have more time. Just that ten percent delta, 40 to 50, dependent upon the kind of shift, is work 8 or 12 hours; that's another 45 minutes or an hour and 15 minutes in a day. That's some reasonable time if you get that as a block. So I can do some additional programmatic activities. Some of my time I'll have available to really do a foot beat, do a bicycle beat if I wish to, something like that, work on those specific projects that the mayor suggested. Above 50 percent proactive time, unless you're in a huge rural area -- and the reason you have more proactive time in a huge rural area is to help facilitate those response times because you need the time available so I can have a response time and get across the large county I might be transiting. But otherwise, if you have above 50 percent proactive time, this overall proactive time for an agency will be very challenging to keep patrols busy regularly, and quite frankly, it's -- in our experience, talking to hundreds of different officers and deputies -- it's difficult to keep deputies and patrol officers engaged because it's pretty quiet out there. So that kind of gives you some aspects associated with different proactive time ranges. So what do I do with proactive time or -- and more specifically, what are the deputies here at the sheriff's office doing for the Town of Fountain Hills with proactive time? You've already seen this kind of table before. It's this heat map table where you have deputy self-initiated activities by hour of day and day of week. And a self-initiated activity can be anything from I go out and do a traffic stop, I go do a self-initiated welfare check. I decide I'm going to go do it, rather than a call for service. There's a variety of things I can do. I can do a business walk. I can go into the museum and walk around. You know, anything like that where I as a deputy initiate the activity, that's a self- initiated activity. TOWN OF FOUNTAIN HILLS Page 12 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 12 of 36 I draw your attention to the lower right again. 4,213 self-initiated activities in 2021 were conducted based on the computer-aided dispatch records. Again, the table to right, you've seen a similar table before. These are the self- initiated activities by type, the top ten. The top one is a patrol vacation watch. I'm going to go out and I heard Mr. and Mrs. Smith are on vacation. I'm going to go check their house and walk around. Traffic violation: Doing a speed stop or something like that. Follow up on a prior call: Maybe I'm working a case with a detective, something like that. School programs: Go help the school resource officer on a school program that I've been requested. So these are the top ten self-initiated activities. 1,871 was the top self-initiated activity. That represents a little more than a third of all self-initiated activities related to that vacation watch activity. So let's talk a little bit about summarizing self-initiated activity. In Fountain Hills, a deputy self-initiated activity represents about the same amount of work as the calls for service because it was in the low four-thousands; handling time was about the same on average. So the number of calls for service, self-initiated activity, that's being accomplished about the same. In those top ten lists of self-initiated activity, four out of ten of them are somehow related to vehicles. Whether it's a speed stop, a motorist assist, four in ten of them are something related to traffic or helping a motorist, something like that. You have all articulated to me traffic is a key issue here in the community. The most common self-initiated activity, as already suggested, is patrol vacation watch; that's 44 percent of the self-initiated activity. And then very little of the self-initiated activities, just as councilmember Magazine -- did I pronounce that correctly? Because it's spelled like magazine; I hope I pronounced it correctly -- suggested earlier, what do you mean, it's not high-profile stuff -- well, the self-initiated activity isn't necessarily high-profile either, because you're not going out and stopping a suspicious person. You're not going out and doing a business walk. You're not doing a field interview of somebody, why are you here and what are you doing? It's the other kinds of things that are listed on the prior slide. MAYOR DICKEY: I have a question. So the proactive -- it's never good to have a TOWN OF FOUNTAIN HILLS Page 13 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 13 of 36 higher percentage even if you're in an area with lower crime, so to speak, so that -- because the things that they're doing during it is really useful. MATTHEWS: The things -- yes, the things that deputies or police officers do during proactive time can be very useful. But again, as we suggested earlier, there can be too much free time because you can't occupy your time effectively if you're over that half my day is dedicated to trying to do something, particularly if it's a very safe community, because I'm not out doing aggressive preventive patrol because I have a huge burglary problem. So if you have too much proactive time in a relatively safe community, that's problematic. So fundamentally, though, all proactive time irrespective of the law enforcement agency needs to be managed effectively. So part of the proactive time that's being accomplished now, as we suggested, those motorist assists, beat stops, et cetera, in 2021 deputies wrote citations or served vehicle warnings -- said don't speed, I'm not going to give you a ticket, but just stop speeding -- 2,167 times. That's an average of six warnings or citations a day. Part, though not all, of this is captured in the self-initiated activity I showed you in the prior table. The reason that is the case is, again, another hour of conversation that we won't have, but the bottom line is CAD records aren't 100 percent comprehensive in almost all law enforcement agencies. So there are other records that you can access, such as this, that shows the number of citations and warnings that were conducted. FRIEDEL: Can I ask a -- MATTHEWS: Please, yeah. FRIEDEL: It's not a serious question, but if we get pulled over in a non-peak period of time, can we ask the officer if this is a self-initiated activity? MATTHEWS: You can ask him if it's a self-initiated activity. If you ask me if it was a self-initiated activity, I would say yes, it absolutely is and I'll make sure it gets in the CAD record so it's reflected that I'm actually doing work, so yes. So let's talk a little bit about some of the key patrol observations related to the calls for service, the self-initiated activity, response times, et cetera. So Fountain Hills is a safe community; you know that. But one of the key law TOWN OF FOUNTAIN HILLS Page 14 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 14 of 36 enforcement issues here is traffic related. You nearly all brought that up during our interviews. And as you can see by the data, the data for self-initiated activity, four of those top ten categories were related to traffic or motorist stuff. Calls for service are generally lower priority here where call types in this community, only two percent of them are ranked priority 1. You have a very high average proactive time rate, 73 percent, and what's important to note, that 73 percent is not based on your contracted level of deputies. That 73 percent is based on your deployed number of deputies presently. UNIDENTIFIED SPEAKER: (Indiscernible). MATTHEWS: Well, higher. Yes. I wouldn't use the term worse. I would use the term higher, yes. So that's the level of proactive time at your present deployment strategies that the sheriff's office is able to provide. The sheriff's office, as we've already articulated, provides exceptional response time to Fountain Hills. Many of your community members, you yourselves, as a metric, embrace that, say, oh, that's priority one, is getting a deputy or a police officer to our community. So that's exceptional response times. Deputy self-initiated activity can be improved, given the amount of proactive time you have available. So we saw the number of activities that they were conducting and were being recorded. As you suggested, we -- Go ahead, please. FRIEDEL: I know you said that there's staffing issues all over. Is there any relationship between our high average proactive time and the staffing, do you think? MATTHEWS: Well, as the mayor suggested, if you had your contracted staffing levels, your proactive time would be higher. So generally speaking, when we do these studies we always look at what's deployed as opposed to what staffing was authorized, or staffing as contracted. So what we're trying to provide to you is a real-time picture of what's going on now. But if you did have that additional deputy here, you have the three instead of the four, typically your proactive time would be even larger, which then begs the question that this one bullet TOWN OF FOUNTAIN HILLS Page 15 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 15 of 36 point suggests, is managing that proactive time. Because this one bullet point suggests deputy proactive time utilization via self-initiated activity can be enhanced or improved. FRIEDE: Can you look at that and say we're over-staffed? MATTHEWS: I'm going to get to that later in the study. MAYOR DICKEY: Another question I would have about that is do you examples of -- I mean, I know we all talk about community policing or helping the school district or having a cop on the corner -- MATTHEWS: Right. MAYOR DICKEY: -- regularly. MATTHEWS: Coffee with the cop, or -- MAYOR DICKEY: Yeah. MATHEWS: -- yes, uh-huh. MAYOR DICKEY: That's -- yeah. (Indiscernible) -- MATTHEWS: Right. MAYOR DICKEY: -- corner, so -- but if you have -- do you have -- will you have suggestions like that? I mean -- MATTHEWS: For the draft report -- MAYOR DICKEY: -- obviously, it kind of depends on -- MATTHEWS: -- for our November meeting -- MAYOR DICKEY: Yes. MATTHEWS: -- yes. MAYOR DICKEY: Perfect. MATTHEWS: I will have those kinds of recommendations. But right now, I'm giving you the finding. And the finding is that that can be improved upon. And then further emphasis can be placed upon traffic enforcement activities because you do have sufficient capacity to do so. Remember I said there was a little over six traffic citations and warnings a day? As an illustration of the kinds of things that are being performed on proactive time, just to give you a benchmark, one motor officer on a motorcycle, typically a benchmark we recommend for their performance is one ticket or warning an hour. So an eight-hour shift, eight tickets. Right now, the average is 6-point- TOWN OF FOUNTAIN HILLS Page 16 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 16 of 36 something warnings and citations for the day. SPELICH: It's important to note that a motor officer's main job is to respond to either traffic accidents or to issue tickets. That's why their productivity is going to be higher because that's job specific. So let's not take anything away from the deputies that are working the street now. So a fair comparison would be, yeah, if we had a motor officer. We don't have a motor officer that does motorcycle work. So -- Also, I wanted to point out that we had a problem first, I believe, in Fountain Hills prior to your study and prior to this where we had a lot of senior officers that were assigned to Fountain Hills because Fountain Hills was the retirement destination in your career. Like on the Chicago Police Department, if you wanted, after you worked and, you know, you were close to retirement, you would go out to either O'Hare Airport or Midway, where you kind of finished out your career. Because the drive to do police work, I hate to say it, diminishes with the more time that we have on the job. The more time we have on the job, it makes us realize that we need to get off the job and our productivity goes down. I think what is important to point out since Captain Kratzer has taken over is because of his ability to staff the MCSO, this district, with newer officers who want to come here, so we have officers that are younger who are willing to put in that work. They're not just driving around wasting time, looking at the clock, waiting -- Did I reach my three minutes? UNIDENTIFIED SPEAKER: I think you're done. SPELICH: I'm trying to give you a compliment right now, and you're interrupting me. Bad move. No -- so there's just some things that I wanted to point out that, you know, as we get a little long in the tooth in our career, we kind of do a little bit less work. We are -- I use the word "on-view events" start to drop and everything, because basically we are driving around waiting for the clock and waiting for the day to end. So I think if this study was done when I first came onto the council, I think the numbers would be much different than they are now. So I'm not saying there's not room for improvement. Of course, there's room for improvement. But I just wanted to tell the other councilmembers TOWN OF FOUNTAIN HILLS Page 17 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 17 of 36 that, you know, when you're talking about a motor officer, that's job specific. Just like a homicide detective is not doing -- MATTHEWS: And that's very accurate. The intention of providing you just the output of one motor officer is so you had a nexus between what a dedicated traffic officer can do at eight a day versus what you have now for the patrol force. It does -- the point being, it does suggest -- am I going to get -- I called him David on the phone. Is it Spelick (ph.) or Spelich? SPELICH: Spelich. MATTHEWS: What councilmember Spelich suggested is -- that's absolutely right. Typically speaking, a patrol deputy, a patrol officer in a car that has to answer calls for service and what have you, they're not going to be able to have that level of motor officer performance. Absolutely correct. But having said that, the more proactive time you have, if you are directed to do traffic enforcement as one of your major activities, then you have sufficient time to write some tickets or provide some warnings. So -- Okay. So that was some of the key patrol observations. Appreciate the questions. I don't have to lecture that way. So let's talk a little bit about investigations, which might be near and dear to your heart. So let's provide an investigations overview. Presently, you're contracted based on the formula for 2.55 detective positions. Now, similar to patrol -- and I haven't referenced this yet in the presentation, but it is referenced in the report that you also have, is you were assigned detective position based on beats. Now, there's something that we'll get to the bottom of in the future report, but the model was .5 detectives per beat, and you have about -- you have 3.8 beats in your formula. That doesn't add up to 2.55. You also had basically one deputy per beat as part of your formula for devising your staffing plan. You have 3.8 beats. But we'll get to talking about developing staffing plans on beat structures, but you have detective positions based on a beat structure as opposed to caseloads or workload activity. Okay? So detailed investigative workload by case type -- a burglary, a robbery, a theft, an aggravated assault, something like that -- for detectives, that data wasn't readily TOWN OF FOUNTAIN HILLS Page 18 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 18 of 36 available. We couldn't get the precision or the precise data from the sheriff's office relative to what kind of specific workloads were being worked upon. And then in the absence of that kind of specific caseload information, it becomes more difficult for us, the sheriff's office, you, anyone, to say, well, what should the staffing plan be if we don't have some of that specificity in data and caseload type? So let's talk a little bit about what data we do have relative to caseloads. We have detective caseloads by number, how many cases were assigned for the last couple of years. 2020 was 277 cases, 2021 was 139 cases, if I remember the subsequent slide, and it's about 208 cases on average per year. So let's talk about the overall observations. As you can note by the prior slide, just by looking at the bar charts, there was a large caseload differential between 2020 and '21. Despite this large caseload differential, detective staffing and what you were being charged for did not shift any. You were still charged for the same number of detectives for investigative services. For those two years, the average caseload was 208 for the 2.55 detective positions you're being charged. So what does that result in mathematically? What that results in is 6.8 cases assigned per month per detective position. So you may ask, well, is that a lot? Is that a little? Is that average? What does that even look like? Well, since we don't know what kind of cases they were, we can talk about some generalities. And councilmember Spelich can literally chime in. This was some of his experience. So our investigative experience based on our studies that we did, if you're a generalist detective, rather than a specialist detective like a homicide detective or a robbery detective -- but if you're a generalist detective in like a smaller agency, I can't focus on one thing; I kind of got to do them all. I got to do the robbery; I got to do the burglary; I got to do the theft. They can typically carry and be assigned an average of 9 to 12 cases per month. Okay? They'll get -- 9 to 12 cases will come across their desk. That number is starting to head to the lower end now because of the advances in technology, because of the forensic evidence that has to be reviewed on telephones and TOWN OF FOUNTAIN HILLS Page 19 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 19 of 36 computers and things like that. But the bottom line is, a fundamental range for a generalist detective is 9 to 12 cases per month. So based on the available data, at 6-point -- pardon? SCHARNOW: I'm sorry. MATTHEWS: No, no. Go ahead. SCHARNOW: Maybe this more of a question for Grady. I'm just wondering, the contract we have -- I mean, is their flexibility year-to-year to make adjustments? Or are we locked into certain numbers for the full length? I'm not quite sure how that works. MILLER: So the way the contract is written, it's basically written to be the numbers that you see. And I believe that if we gave them advance notice, like based on the current stats for next year -- SCHARNOW: Uh-huh. MILLER: -- we can get adjustments made. But it's really silent on the way it is. So I think we could do that. I would definitely want to have it be more performance-based and we're talking about a lot of different performance indicators that we want to put in the next contract. SCHARNOW: Because I know the price we get for one year is based on the previous year. I just didn't know how much wiggle room there was in there to make adjustments, you know? MILLER: And councilmember Spelich, you might remember, he had brought up -- it's, what, two years ago or so that you thought that perhaps the detectives could be better deployed if they were working more in patrol. Because you felt like there was enough -- we were short there and that was where more of the need was. SPELICH: Just to piggyback off of councilmember Scharnow's point, it's important to note that the number of detectives you have assigned is one thing, but what is the clearance rate? And I talked to the councilmembers, and I'll just remind all of you what the clearance rate is. The clearance rate is -- as a detective, I could have 30 cases a month. I kind of chuckled at 9 to 12 cases per month. That's -- in Chicago it was 9 to 12 a day. So a detective can get a case, but what's the important factor, which I asked Captain Kratzer to TOWN OF FOUNTAIN HILLS Page 20 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 20 of 36 get us this information, and I'm sure he's working on it for his next presentation, is what is the clearance rate? As a detective, I can get 30 cases a month, but if I'm only able to clear -- and what I mean by clear is the case (indiscernible) to an arrest, or I'm putting a warrant out for somebody's arrest, or I have the evidence to move forward with a grand jury indictment for a warrant for an arrest. These are all things -- and I don't know what the clearance rate is in Fountain Hills. I've asked for that number. I don't know what it is. So you could have 2.5 detectives with a 50 percent -- and that's a really high number -- but a 50 percent clearance rate and it's outstanding. I don't know if you're aware of this or not, but we no longer have detectives assigned to Fountain Hills. MATTHEWS: I am, but it's just -- SPELICH: Okay. MATHEWS: -- it's just the number you're contracted for. Yes. SPELICH: Right. So I think what hurt us, and once again I'll preface these remarks with nothing against Captain Kratzer. These decisions that are made are made much higher up than the captain level. But what hurt us, I believe, is when MCSO took those detectives out of Fountain Hills, put them downtown or somewhere, Lower Buckeye, wherever they're at, and they're doing general assignments and they can work anywhere. They can work, you know, Cave Creek, anywhere MCSO goes. So I think that was hurtful to us because as a detective assigned to an area and you never leave that area, you begin to know who the players are. And what do I mean by who the players are? I mean, who are the habitual criminals in town? Who are the people that commit crimes? Who are the ones that are our go-to people every time something comes up? Burglars are burglars. They do burglaries. They go to jail. When they get out, they do burglaries. It's what they're good at. So, you know, it's like, you know a CPA. A CPA's good at balancing books. No offense, Dave. But that's what they do. They do books. Burglars do burglars. Guys that rape or do sexual assaults, do sexual assaults. They very rarely break out into other things that they're unfamiliar with. TOWN OF FOUNTAIN HILLS Page 21 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 21 of 36 So I'm glad that you pointed it out, but I think a key to this, which obviously you didn't get this information -- MATTHEWS: No. SPELICH: -- from them, because I'm even having a hard time having them -- MATTHEWS: Right. SPELICH: -- share it with us -- MATTHEWS: Correct. SPELICH: -- and we pay the bill, is the clearance rate -- MATTHEWS: Right. SPELICH: -- and I think in new contract negotiations, I think it would be absolutely imperative that we get the detectives -- MATTHEWS: And we'll talk about that -- SPELICH: Okay. MATTHEWS: -- in the draft reports. SPELICH: Okay. MATTHEWS: So -- but dovetailing on his comments relative to clearance rates and what have you is the last bullet here. And that is -- remember going back to one of the first slides I showed you? The kinds of priority crimes and, you know, thefts were up there and you had a couple dozen burglaries and things like that? The kinds of cases that are going to be assigned to these detectives fundamentally aren't going to require a huge amount of work in most instances, because most of them, by the nature of their type of case, are not going to be solvable and therefore are not going to be cleared. Because somebody stole my mail out of my mailbox. Well, is there witnesses? No. Well, do you have a suspect? No. Well, then I don't have a lot of work to do on it, do I? Unless I have a pattern, but that's a different story. Fundamentally, the bottom line, though, is the workload that the detectives have related to the cases that they're getting from Fountain Hills is not going to be homicide or robbery or sexual assault-related workload, typically. MAYOR DICKEY: That's sort of what -- so I'm a little bit confused about them going off site because I thought that the reason behind that was so they weren't going to be TOWN OF FOUNTAIN HILLS Page 22 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 22 of 36 generalists, so that they would go and then -- MILLER: To their specialty. MAYOR DICKEY: Yeah. So that's different from what my understanding was. They left here, maybe partly because of what you're saying here about caseloads, but also that they went to be where if we did have a burglary or something, it would go to someone who was a specialist or, you know, is mostly familiar with that, and wherever they happened to be located, it didn't matter as long as they were the ones that were kind of experts with that. So I thought that's what precipitated that change, so I don't know. MATTHEWS: In our November meeting, in the draft report, someone mentioned -- I'm sorry, it's past midnight for me in North Carolina. But someone mentioned utilizing patrol officers to do some casework. And many municipalities do have patrol officers or deputies doing some casework of lower priority, if they have the capacity to do so or the proactive time. So that's something we'll be discussing in the draft report. Okay. So we talked about proactive time. We talked about self-initiated activity. We've talked about investigative workloads. So what are some of the contract issues that we've noted that we'll discuss in the report that require resolution? So first of all, the staffing drivers in the contract. The historical staffing drivers for deputies and detectives, they're based on a beat structure. They're not based on really relevant, frankly, workload requirements such as calls for service or proactive time or caseload standards. Now, in fairness, if a beat structure is designed such that calls for service are equalized and what have you, one could argue that, you know, no, we're basing it on workload. We have a four-beat structure and, you know, the calls are equalized and whatnot. That does make some sense. But fundamentally, there's much better ways to approach it than doing a beat because back in the day I used to redesign beats. I can make this a three-beat structure, frankly, or a two-beat structure, and you wouldn't want to staff necessarily by a beat structure. You want to staff based on workloads. So -- and just with respect to contracting protocols, we haven't seen a beat structure model before. This is the first time we've seen it for a staffing model. Beyond the response time for priority 1 calls, that as we've already said ad TOWN OF FOUNTAIN HILLS Page 23 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 23 of 36 infinitum is exceptional here, you really have no performance metrics in your contract, other than response time. We already talked about clearance rate. There are other metrics that can be embedded in a contract to be able to manage the performance of that contract. There are other contractual staffing model issues, frankly, in the favor of the sheriff's office. You're being charged for three sergeants. That not enough sergeants to manage your patrol force. You'd need a minimum, on a 12-hours shift, four. So we will be pointing those kinds of issues out as well, as where are there shortcomings in the sheriff's office contract that are actually shorting them, if you will. So basically, some of the terms and conditions of the contract have opportunities for improvement. Those are related to effective contract management. Those are related to level of service delivery. All of those will be teased out in the draft report that we'll discuss in November. So what about alternative contract approaches? So part of the study was to explore alternatives to contract service delivery beyond the sheriff's office, such as a potential in-house police department or an alternative contract service provider. An in- house police department staffings and costs profile, we'll develop for you, but we need a little discussion surrounding that, in the next slide or two, and that'll be based on different optional staffing strategies that we can discuss here momentarily. Also we are, and I'm going to say have now, explored law enforcement service options with Scottsdale Police Department and Fort McDowell Indian Reservation. With respect to those two agencies, we reached out to them. And it's just not me on this project; I have two others in the background that aren't as good-looking as me so they're not here presenting. But fundamentally, we reached out to both Scottsdale and Fort McDowell. They almost verbatim said, we do not have the capacity to provide services to Fountain Hills in the foreseeable future. And that is for what we've already discussed earlier, the same thing that the sheriff's office is suffering, staffing shortages. Scottsdale is suffering. Fort McDowell Indian Reservation is suffering. Nationally, law enforcement staffing is suffering. So they are not interested in providing contract services to you in the foreseeable future. MAGAZINE: I'm tired, so this question may not make any sense. TOWN OF FOUNTAIN HILLS Page 24 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 24 of 36 MATTHEWS: Okay. That's fine. MAGAZINE: What's the relationship between Fountain Hills being the second safest town in Maricopa County and staffing shortages? MATTHEWS: What's the relationship between it being the safest town and staffing shortages? I would suggest there is no real nexus. The fact of the matter is, you could have a hundred deputies here or the number you have now and perhaps less, and I don't think, given presently in the short or medium term, the community profile will change that dramatically. MCMAHON: But wouldn't it be -- isn't it related to the type of crimes or type of instances they're being called and -- I mean, we have a very low crime rate here. MATTHEWS: You do. MCMAHON: So given what you've shown us and what the priorities are -- well checks and things like that -- so wouldn't that relate to the difference? MATTHEWS: So are -- let me rephrase that. Are you suggesting that if your staffing remains or goes higher, that your community will remain just as safe or safer? MCMAHON: Well, no. I only wanted to know the relationship -- well, could you repeat your question again? Because he wanted to know the relationship, so I was thinking that the relationship is their workload and what they have to do. I mean, if we were in a very high, unsafe crime town -- MATTHEWS: Yes. MCMAHON: -- then wouldn't that change that ratio? MATTHEWS: Oh, yes. Absolutely. MCMAHON: That's what I mean. MATTHEWS: It'd change your ratio and it'd change your staffing levels. It'd change the type of work that they do. Absolutely. And it would change your focus. In other words, you wouldn't be -- you wouldn't have had the prior discussions with me that traffic is the key issue here. You'd be saying, we got a real burglary issue or, you know, there's sexual assaults all the time here. But those weren't the conversations we had. So I think the objective, of course, is to retain this safe community. So how do TOWN OF FOUNTAIN HILLS Page 25 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 25 of 36 you do that? What's the best way to staff a law enforcement agency here, whether it's the sheriff's office or something else, to retain your safe community, to address your community issues? So the next slide was the questions, and it does give us an opportunity to talk about some of those key issues. And so one of the key issues is patrol services. We've been talking about that. And your contract stipulates and you're being charged for the 19 deputies, plus the supporting staff, yet 13 deputies that was used in this model resulted in that level of proactive time. So the question for you becomes, when we go back and do a report -- and we're going to recommend independently, but we -- you know, we're also here to meet your needs. Are you satisfied with your existing deputy staffing contingent -- MAGAZINE: So hypothetically -- MATTHEWS: Yes. MAGAZINE: -- we may decide that 13 is just fine and the next contract says 13 instead of 19. MATTHEWS: Correct. And you would pay accordingly. MAGAZINE: Okay. MATTHEWS: Moreover, importantly, remember one of the elements of this study is an in-house police department. Is that the staffing level that you would be willing to live with? One sergeant per shift, three patrol officers per shift. Because that would impact the cost of your in-house police operation. More patrol officers, more cars, more radios, more equipment -- MAYOR DICKEY: But beyond -- right. Because of the radios -- MATTHEWS: Right. MAYOR DICKEY: -- and the equipment, and you also had mentioned -- I don't remember now what it was, but it was some kind of a service that we were getting that we weren't technically paying for, and so part of -- when we say we're paying for 19, but then the contract actually is for us to pay for the previous year's expenses, so I -- it never really works out because we're obviously getting good service, you know, on many of these measures and we're paying for what did that the year before, and whether it's 9 or TOWN OF FOUNTAIN HILLS Page 26 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 26 of 36 13 or a deputy who's stepping in, so -- I think there's room for improvement both on their side and on our side. But I'm not sensing we really want to change the result very much, because the results are good. So -- MATTHEWS: So and that is some of the work direction we can talk about now. You can talk about over the next couple of weeks, you can get back to me. We're going to give you the Matrix recommendation. But really what you're fundamentally looking at is your contract number, a sergeant and four deputies in patrol, or a sergeant and three deputies in patrol and that's what you go with because that's what you're getting and that's what these numbers are based on. MAYOR DICKEY: But how do we make sure that you're also taking into account not only all of the capital equipment that we would have to get, but also, you know, the SWAT and the other things we get because of the vastness of MCSO? MATTHEWS: Correct. MAYOR DICKEY: You know, how do we put our -- now, do we have those things happening every day? No. But the other day -- well, a couple weeks ago, somebody was missing and there was a helicopter looking for them. MATTHEWS: Right. MAYOR DICKEY: So if we don't -- we would have to have a helicopter then or whatever, so I think, is everything going to be part of this or is it just -- MATTHEWS: Yes. MAYOR DICKEY: -- people? Is it just staffing? MATTHEWS: So when we build the model associated with an in-house police department, we will build those ancillary services in. What typically happens is one of two things. Nationally, is a large law enforcement agency such as a sheriff's department or a sheriff's office will, through mutual aid, provide these kinds of services pro bono, like the helicopter observation that you provided, or will have a fee associated with the costs to operate the helicopter $375 an hour so, you know, we'll do this and bill you back, so you wouldn't have to get it yourself. So -- and we'll talk about those two independent models, but given the professionalism of the vast majority of sheriff's offices in the United States, if you have a TOWN OF FOUNTAIN HILLS Page 27 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 27 of 36 need, they're going to come help you. And they'll probably come help you without charging you. But the question remains for Fountain Hills is how often are you going to need a dive team? Or how often are you going to need SWAT? Or how often are you going to need the helicopter? And the answer is, probably very infrequently. So -- but we'll discuss that in the draft report. I think fundamentally the question remains at the baseline patrol level. Are you all okay based on the data with what you're getting right now? Or would you prefer what the contract stipulates, another deputy? SPELICH: Thank you, Madam Mayor. First off, I believe that a lot of Fountain Hills safety is baked into where we're located geographically. What is our biggest complaint? What will Amanda or Rachael or anybody say when they say, well, you know, we got to get people to come out to Fountain Hills? Well, what's their main beef? It's so far. Well, criminals think the same thing. A criminal, okay -- I mean, I'm not trying to be funny, but it is kind of funny. A criminal is not going to drive all the way to Fountain Hills to do a residential burglary when he can drive three blocks out of Phoenix into Scottsdale or Paradise Valley and get what he wants. We have residential burglaries in this town and everything because burglars go where the money is. You don't go and commit a burglary in the projects. You're not going to come up with much. They don't have anything to steal. So geographically we're located in a really good spot because we're hard to reach. That's for people that want to spend money here and that's for people that want to take money here. So that's a good thing. The other thing is, is -- and I understand what the mayor is saying, but I'm going to give the analogy that if any of us on this council went to go buy a new car, and let's say we're going to go look at a BMW and a BMW is 60,000, and we give the guy a check for 60 grand and he pulls up a Chevy Malibu, we're all going to be pissed. And we're all going to go, wait a minute, I just cut you a check for 60 grand. You told me you were bringing up a beamer, and instead you brought me up a Chevy. Nothing against Chevys. But I'm just saying -- I said this from the very start. I campaigned on this from the very start. MCSO is not fulfilling their contract to the town residents of Fountain Hills. Yes, crime is low. Crime is relative -- you said the second-best in the entire state TOWN OF FOUNTAIN HILLS Page 28 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 28 of 36 of Arizona. That's great. That's something really great to be proud of. But also, we're stewards of taxpayers' money. We're not getting what we're paying for. So therefore we need to get what we pay for or get a refund in what we've been paying for that we haven't gotten. As it relates to a SWAT team, a SWAT team has come out here to service some high-risk warrants and stuff like that. We don't need a SWAT team. We sure as hell don't need a helicopter. They're good, but they're really expensive and we don't need them. For the first ten years that I was on the Chicago Police Department, the City of Chicago didn't have a helicopter. Let that sink in. The City of Chicago did not have a helicopter until somebody donated one and then we got one, just like how we get our horses for the mounted unit. We get them donated. Glue factory or go on the Chicago PD and ride on the lakefront. Good choice for the horse. So I'm just saying that it's all relative, but my bottom line with this whole thing and what I've been professing to this council and the council that left and everything is, let's just get what we're paying for. Yes, we have low crime rate. Yes, the sheriff's deputies are doing their job and everything, but we're still being overcharged for a service, and I believe that we should drill down on this and start getting what we're paying for, and I don't think a good option is to get less. I don't think it's ever -- I mean, it's good to have less cancer. It's not good to have less police. So if we're paying for -- what did you -- MATTHEWS: If you're paying for four, it sounds like councilmember Spelich is saying, you should have four deputies. SPELICH: A hundred percent. And -- MATTHEWS: Rather than the three you have now, which gives you the performance metrics you have before you. SPELICH: Correct. MATTHEWS: Okay. SPELICH: And I don't think a good rational argument is -- and I'm not saying what you said was incorrect, because recruiting is at an all-time low. MAYOR DICKEY: Uh-huh. TOWN OF FOUNTAIN HILLS Page 29 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 29 of 36 SPELICH: Who would want the job of a police officer when you can't turn on the TV and they're not saying you're the absolute scum of the earth? No one wants that job. Hey, people think my job is really crazy. God, I want to sign up. So yeah, staffing is an issue. But staffing being an issue is not the issue of the Town of Fountain Hills. That staffing issue is with MCSO. Pay your deputies more and do better at recruiting and you'll get more people. But what MCSO does is bring people in for less pay. They get certified, post-certified, and the minute they get post-certified, Scottsdale or Paradise Valley or some other department offers them more money and they leave, which is just -- of course, we all do that. Teachers do that. Anybody goes for more money. So that -- saying that, you know, well, recruitment is an issue, I agree with you. Nationally, recruitment is an issue. But that's not the issue of Fountain Hills. That's the issue that lies with MCSO. Once again, fulfill your contract. MAYOR DICKEY: I have to respond to that because of what you said about the contract part, because it's been this way, that we pay for the service we get from the year before. So, you know, we have responsibility that this contract had a number of patrols that wasn't really needed. So it's a number on a piece of paper. But to say that we're not getting what we paid for, I don't agree with that because we're getting -- we pay for what the expense was from the year before, however that worked out. So whoever was being paid, whether it was a patrol person or such, so we have responsibility for this disconnect between our contract and what was provided, and in addition, your report is saying that neither one is really following best practices. So trying to get both together is probably better for both entities. SPELICH: Yeah, I understand what you're saying, mayor, but it's important to note that these staffing issues and us not getting what we're paying for is not just this year. It's not just this contract. We haven't been getting what we've been contracting with for a minimum of four years, a minimum of four years. And believe me when I tell you, I am not making this political. This is not because Sheriff (indiscernible) sits in office. If we go back, I'm sure when Sheriff Joe (ph.) was in office we -- I don't think we were getting exactly what we're paying for. So regardless of who was in office, I believe that this isn't TOWN OF FOUNTAIN HILLS Page 30 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 30 of 36 just a contract issue of short staffing that happened just this year. This has been an ongoing issue that I've continuously brought up to this council, and we now are drilling down on it and finding out it's true. So yes, I understand what you're saying about it being the year before, but four, five, six years in a row, not getting what we're paying for, is not acceptable. FRIEDEL: The numbers and -- have the numbers that we've been contracting for changed over the last five years? SPELICH: Yeah, they're going up like crazy. FRIEDEL: No, I'm saying -- oh, the number of deputies and that? No, they've been relatively the same, right? So the contract has been the contract, we've just been renewing it. So -- SPELICH: And paying more. FRIEDEL: And paying more, but getting less. SPELICH: (Indiscernible) not fulfilling the contract. FRIEDEL: Well, I look at it as getting less because they're not fulfilling the contract. SCHARNOW: Well, I guess maybe we have to wait until November, but, you know, I'm wondering how do we determine what we get what we're paying for? I mean, we had this audit done. We have the study we paid money for. So we're not going to be doing that every year, you know. And Greg, you talk about the beats system and that goes back to day one, right? And I don't know, I imagine the sheriff's office came up with that as a means to -- MATTHEWS: Well, I'm sure they did. SCHARNOW: -- try to itemize the contract and, you know, and if we go by caseload, as I think what I'm hearing you're suggesting is a better method. I mean, are you going to recommend -- besides our own PD, are you going to recommend a major overhaul of how we do the contract -- MATTHEWS: Yes. SCHARNOW: -- if we keep -- MATTHEWS: Yes. And that will be a component, is that major overhaul. And let me say something that should be perceived as defensive of the sheriff's department, and that TOWN OF FOUNTAIN HILLS Page 31 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 31 of 36 is this. You know, as I've discussed with all of you one on one, we do this all over the country. And you know, just very recently, you know, as I was doing some more research for this study, I discovered that the sheriff's office literally has only a half dozen contracts here in the county, and you are the largest one at 23,000, you know, 800 people. Most of their clients are 6,000 or under that they're contracting with. So in fairness to the sheriff, frankly, there's never really been a requirement, and I'm going to use this term not pejoratively but hopefully accurately, to be sophisticated in their contract development. There's communities where I used to live in California, in the Inland Empire, San Bernadino County, the sheriff's office has contracts with nearly a dozen and a half agencies. Some of the cities are 170,000 people. So the contracts that -- and the terms and conditions of those are sophisticated and they're also based on longstanding, relatively complicated formulas that sometimes, though not always, embrace best practices. The sheriff's office here hasn't just really had the opportunity to do that because they're not working with contracts like that on a regular basis. So one of the things that we hope to bring is some of those best practices to you, so that you can have a discussion with the sheriff, saying hey, these are some contract best practices. You know, we'd like you to implement these. And hopefully, you know, the sheriff will say, oh, those are good ideas. We might be able to use them for the other six agencies that we work with. So that's something you need to be aware of. FRIEDEL: Didn't they just leave Queen Creek? MILLER: They did, yeah. FRIEDEL: And Queen Creek, I don't know how many residents they have there. MILLER: Queen Creek had already started with their own police department when this project commenced, so it wouldn't have been in their scope to find that out. Yeah. SCHARNOW: Well, Grady, you know, and I know maybe this is too sensitive to ask, but you know, I mean, are we going to have that kind of flexibility moving forward, do you think, with the sheriff's office in terms of changing -- you know, getting a more sophisticated formula -- TOWN OF FOUNTAIN HILLS Page 32 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 32 of 36 MILLER: You know -- SCHARNOW: -- and all that? I mean, more -- MILLER: -- I have to tell you that the staff has been really good at the command level in working with -- there's a few things that kind of happened that were surprises to us, like when they consolidated the detectives into the downtown area and they didn't consult us. They just did it. Those are types of things that really should be in the contract and just really explain what our desires are and what they ought to be and have to spelled out. I think we're going to have a great opportunity going forward. You know, we're going to take a look at the possibility of what it would take to bring this in-house. We're going to probably find that in-house, there's no way we can afford it. So -- but I do think that we're going to be looking at performance metrics to include in a contract. I already talked about, you know, response time's already in there now, but I do think there's going to be some other things that we want to include in there. I like the idea of having caseload or workload in there, but in the end, it's all about FTEs or full-time equivalents. So I still think you need to have like how many deputies -- I mean, you still have to have that number. We can get away from the beats because when we were talking and doing the financial assessment, their budget and finance person really wasn't familiar with the beats. And we had -- she had the wrong FTEs, and we said, no, no, no, no. If you look at the contract or the intergovernmental agreement, it's spelled out how many FTEs were per beat, and so we were able to get that explained to them. So again, even at their administrative levels, that are the folks that support the sheriff's office, don't necessarily -- UNIDENTIFIED SPEAKER: Right. MILLER: -- always understand what the beat number is. So I say, get rid of that for sure in the next agreement and just spell it out. And I think that we need more plainer language going forward and, again, having some performance measures. You know, I think you've done a great job tonight with your -- going through the findings and there's some really good things I think you're going to be able to bring to us in November. So I -- I'm looking forward to seeing that. MATTHEWS: So based on this discussion, any particular work direction? I heard from TOWN OF FOUNTAIN HILLS Page 33 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 33 of 36 councilmember Spelich that he thinks you should have four deputies. We're going to give you our recommendation, but we'll also build a model, you know, surrounding that. Do you have any other guidance? MAGAZINE: I'd like to know -- I'm not saying we shouldn't have four deputies or that we shouldn't have 19 patrols, but I want to know what the difference in cost would be. MATTHEWS: Well, we'll articulate that -- MAGAZINE: Well, how much -- MATTHEWS: -- in a draft report. MAGAZINE: -- if we went with what we have, how much would we save? MATTHEWS: And that'll be in the draft report. UNIDENTIFIED SPEAKER: Right. MATHEWS: Absolutely. All of those numbers will be costed out. SPELICH: Just briefly, and I know everybody's tired and we all want to go home, but I don't -- any of the subjects that I've discussed with the councilmembers and the mayor and everything, this is not geared towards trying to get rid of MCSO. Is my ultimate fantasy or whatever you want to talk about law enforcement related? That I would like my own police department in Fountain Hills? Absolutely. I would love to see Fountain Hills have its own police department. Do I think that MCSO is doing a good job? Yes, I do. My main concern is we're getting what we paid for and that they're fulfilling their end of the contract. And I will be totally upfront and honest with you. I have not even talked to you about numbers. We've never discussed numbers, correct? MATTHEWS: No. Correct. SPELICH: I can guarantee you that all of you up here, if you had heartburn over what you saw was the fire contract, keeping in mind we own everything that the fire department has here, minus just bodies and a truck, the going and getting your own police department -- I recommend all of you call your general practitioners and get a minimum of 10 mg of Valium and take it just before he makes his presentation, because your heads are going to explode. It's going to be a big number. But what I like about this, it just affirms the fact that we're not getting what we're paying for and we need to focus on TOWN OF FOUNTAIN HILLS Page 34 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 34 of 36 finetuning that contract so that we get exactly the service that we need and we deserve. SCHARNOW: Thank you, David, for those comments. And I mean, if you were to ask me 20 to 25 years ago when we had the marshal's department and we were getting a ton of grants and new cars and building up -- I mean, we were like this close to getting our own police force. And I was at the newspaper at the time, and I still don't know exactly what happened, but you know, they pulled the plug on it and the die was cast more or less back in those days. So if we could have had it at that point, it didn't happen. And then, to Greg, you know, are you going to delineate some recommendations on the proactive time in terms of how that can be better utilized or suggest some programs or -- MATTHEWS: Absolutely. All of that will be embedded in the report. So we'll give you different options -- SCHARNOW: Yeah. MATTHEWS: -- with different costs associated with those options. We'll give you our recommendation, you know. SCHARNOW: Well, I don't know if there'd be any more costs involved if they're already on duty and they're -- MATTHEWS: Well, there would be costs -- SCHARNOW: -- doing other -- MATHEWS: -- between a contract that deploys three deputies and one sergeant versus four deputies and one sergeant. SCHARNOW: I understand that, but -- MATTHEWS: And we would tell you what councilman Magazine said, we'll give you that delta. What would be the cost? What would be that delta for an in-house police department? SCHARNOW: No, I -- MATTHEWS: You know, we'll give you a couple of different staffing models, plus here's -- staffing model A and B. If we were God, you know -- SCHARNOW: Yeah. MATTHEWS: -- we'd tell you A. So -- we'll do that. TOWN OF FOUNTAIN HILLS Page 35 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 35 of 36 SCHARNOW: No, I understand all that. I'm just -- I guess I'm honing in on the proactive time in terms of -- MATTHEWS: What to do with proactive time? SCHARNOW: Yeah. Like -- MATTHEWS: Yes. We'll give you some suggestions on how to better utilize proactive time. SCHARNOW: I mean, and is that something we could even write in a contract, or -- MATTHEWS: You can. Yes. You can devise performance measures around the use of proactive time. Like, you will do X number of traffic stops. You know, that would be an expectation that -- now, having said that -- SCHARNOW: Uh-huh. MATTHEWS: -- I can also tell you the sheriff might not want to go for that. SCHARNOW: Well, that's -- MATTHEWS: But I can -- that's something you negotiate with him. SCHARNOW: Well, that was my next point. MATTHEWS: Yeah. SCHARNOW: If you ask for too much, I mean, it's like we're, you know, we're -- I'm not saying we're being held captive, but in a certain sense we don't have a lot of choice here, so -- MATTHEWS: Well, and there's two elements to that since, you know, between us chickens all in the room, which is everybody here, but the bottom line is, you don't. You don't have a lot of choice other than your own police department or continuing with the sheriff. But having said that, you're also the 800-pound gorilla of contract agencies for Maricopa County. It's a small gorilla, maybe it's not 800 pounds because you're only 23,000, but everybody else is 6,000 or 2,000 people, so -- MAYOR DICKEY: I think one of the things that we had in the past was a flexible, like, depending on what was going on that year. So one time we wanted, you know, community policing. Another time, if there was all of a sudden a lot of speeding or -- MATTHEWS: Uh-huh. MAYOR DICKEY: -- whatever. So we did have that built into our contract that we TOWN OF FOUNTAIN HILLS Page 36 of 36 SEPTEMBER 6, 2022 WORK SESSION Page 36 of 36 were able to say, well, look what's going on, or fentanyl, or something, you know. MATTHEWS: Yes. MAYOR DICKEY: So basically, if we could have something like that, some suggestions of things that would be good and conducive to our community -- MATTHEWS: Yes. MAYOR DICKEY: -- and then -- but it doesn't mean we have to do that for the five years of the contract, you know? MATTHEWS: Correct. MAYOR DICKEY: You know, maybe something else is going to happen then. MATTHEWS: Again, as I suggested, you could do this in side letters, you know. FRIEDEL: Did you look at all -- I know they have their own pension plan. Does that come into this discussion at all? Since we're the biggest contract with them, do we have the biggest piece of the liability with that pension plan? MATTHEWS: I haven't driven yet to that level of detail in the contract. I can't answer that for you yet. MILLER: Vice-mayor, we're so small compared to the rest of the -- I mean, they're in this huge multimillion budget -- that our pro rata share, while it's significant to us because it's, you know, it is growing and it's a large number, it's -- they're not like hitting us with more than just our pro rata share, so -- any more than the other agencies around the valley and their local police departments are to them. MAYOR DICKEY: And also that we -- this agreement is actually with Maricopa County, the county supervisors, so that's something that we were talking about earlier, too, so -- Anything else? I hear a no. Well, I'm just going to go ahead and adjourn us. How's that? MATTHEWS: Very good. MAYOR DICKEY: We're adjourned. UNIDENTIFIED SPEAKER: Thank you. ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF ADOPTING RESOLUTION 2022-42, An Intergovernmental Agreement With Salt River Pima Maricopa Indian Community. Staff Summary (Background) Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02.  This legislation allows for distribution of funds to cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, and the promotion of commerce and economic development.The Gaming Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns and counties in the State of Arizona. Many non-profit organizations also request Proposition 202 funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Since the legislation required funds to be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). The Salt River Pima Maricopa Indian Community (SRPMIC) has awarded the Town of Fountain Hills a total of $30,000 for the promotion of tourism and economic development in FY2022-23.   Related Ordinance, Policy or Guiding Principle 2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social Resources; Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution 2004-34.   Risk Analysis If the intergovernmental agreement is not approved, the Town will not receive $30,000 towards tourism initiatives in fiscal year 2022-2023.  This would prevent the town from hosting the annual Music Fest and participating in future advertising opportunities.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA. SUGGESTED MOTION MOVE to adopt Resolution 2022-42 approving an Intergovernmental Agreement with the Salt River Pima Maricopa Indian Community related to the receipt of Proposition 202 funding.   Attachments Resolution 2022-42  IGA between ToFH and SRPMIC  Form Review Inbox Reviewed By Date Finance Director David Pock 09/19/2022 04:22 PM Town Attorney Aaron D. Arnson 09/20/2022 04:48 PM Town Manager Grady E. Miller 09/20/2022 05:03 PM Form Started By: Amanda Jacobs Started On: 09/15/2022 08:44 AM Final Approval Date: 09/20/2022  RESOLUTION NO. 2022-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH SALT RIVER-PIMA MARICOPA INDIAN COMMUNITY, ARIZONA, RELATING TO PAYMENT OF REGULATORY COSTS AND THE STATE OF ARIZONA GAMING COMPACT RECITALS: WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated October 4, 2022 (the “Agreement”) with the Salt River Pima-Maricopa Indian Community, a Federally- Recognized Indian Tribe (“SRPMIC”), for the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5-601.02. ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recital above is hereby incorporated as if fully set forth herein. SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the "Town") and Salt River Pima-Maricopa Indian Community (“SRPMIC”) relating the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities in the Town is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference SECTION 3. The Town hereby authorizes the acceptance of funds. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Intergovernmental 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, this 4th day of October, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk PAGE 2 REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney PAGE 3 EXHIBIT A TO RESOLUTION NO. 2022-42 (Intergovernmental Agreement) See following pages. INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY AND THE TOWN OF FOUNTAIN HILLS This Intergovernmental Agreement (“Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community (“SRPMIC”), a Federally-Recognized Indian Tribe, and the Town of Fountain Hills (the “Town”), pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions (“Section 12”) of the SRPMIC and State of Arizona Gaming Compact 2002 (“Compact”), as Amended and Restated in 2021, and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RECITALS 1. The SRPMIC and the Town may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5- 601.02. 2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of SRPMIC to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. 3. The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into intergovernmental agreements with other governmental agencies including Indian Tribes. 4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue- sharing contribution (“Contribution”) required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the Town hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. Page 2 of 6 2. Contribution: The SRPMIC shall provide the Contribution to the Town, in the amount of $ 30,000.00 following execution of this Agreement. The Contribution shall be used for the Town’s tourism program. 3. Payment and Use of Funds. a. Use of Funds for Purposes Other Than to Fulfill Agreement. The Town shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the Town with respect to this transaction upon seven (7) days prior, written notice to the Town. The Town shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 4. Management of the Project. a. Use of Contributions and Recordkeeping. The Town shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the Town shall use the Contributions in accordance with applicable Town policies and procedures governing the use of funds. The Town shall keep and maintain records relating to this Agreement. b. Responsibilities of the Town of Fountain Hills Following Disbursement of Contributions. The parties agree that the Town is merely acting as a conduit for distribution of funds to the recipients that are not departments, agencies or offices of the Town (“non-Town recipients”). Upon distribution of the Contributions to the non-Town recipients as specified in Section 2 of this Agreement, the Town shall have no further responsibility to the SRPMIC with respect to such funds or the use thereof by the non- Town recipients. Therefore, upon the Town’s payment of the Contributions to the non-Town recipients as provided in Section 2, the SRPMIC shall release the Town from any and all claims, demands, debts, liabilities, or obligations that may arise in the event that the non-Town recipients fail for any reason to expend the Contributions in accordance with Section 2. The SRPMIC further agrees that the Town shall have no obligation to reimburse the SRPMIC the amount of the Contributions for any reason after the Town disburses the Contributions to the non-Town recipients and that the SRPMIC shall look solely to the non-Town recipients for repayment of the Contributions in the event the Contributions are not used for the intended purposes. Page 3 of 6 5. Notices. Any notice, communication or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the SRPMIC: Martin Harvier, President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 For the Town of Fountain Hills: Grady Miller, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a. Effective Date. This Agreement shall be effective on the date it is signed by the SRPMIC authorized representative. b. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully used by the Town, as specified in Section 2 of this Agreement. c. Termination: The SRPMIC may terminate this Agreement with or without cause at any time by providing the Town five (5) days advance notice in writing. In the event the SRPMIC terminates this Agreement after the Town receives the Contribution but before the Town has disbursed the Contribution to the recipients, the SRPMIC shall include in the notice of termination specific instructions regarding disposition of the Contribution. Page 4 of 6 8. Indemnification. a. Indemnification. Each party (as “Indemnitor”) shall indemnify, defend, and hold harmless the other party (as “Indemnitee”), its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as “Claims”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee resulting from or arising out of the negligence or willful misconduct of the Indemnitor’s employees or agents in performing the duties set forth in this Agreement. b. Severability. This section shall survive termination, cancellation, or revocation whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this paragraph shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. a. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. c. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. d. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. e. Days. Days shall mean calendar days. Page 5 of 6 f. Severability. In the event that any provisions of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, each party agrees to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10. Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF, the Town has caused this Intergovernmental Agreement to be approved by the Town Council, executed by its Mayor and attested to by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima-Maricopa Indian Community. IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER TOWN OF FOUNTAIN HILLS, PIMA-MARICOPA INDIAN COMMUNITY, an Arizona Municipal Corporation: A Federally Recognized Indian Tribe: By:______________________________ By:___________________________ Name:_Martin Harvier ________ Name: Its: President_________________________ Its: Mayor Date: Date: ATTEST: ______________________________ [Insert name, title] Page 6 of 6 APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, §1(h). This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. ________________________________ ______________________ General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. By: _______________________________ _______________________ Town Attorney Date ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Site plan and building elevations for the International Dark Sky Discovery Center to be located next to the library at 12845 N. La Montana Dr. Staff Summary (Background) The International Dark Sky Discovery Center (IDSDC) Board has filed an application with the Town for site plan review for the proposed discovery center to be located on the site of the current community garden next to the library.  At the June 18, 2019 Town Council meeting, the Council voted to allow the Board to prepare plans for a dark sky discovery center at this location.  Since that time the IDSDC Board has been working to raise the needed funding for this facility and to prepare the site plan and building elevations for review and approval. Section 2.04 of the Zoning Ordinance requires site plan approval prior to issuance consideration of a building permit.  These site plans are reviewed and approved administratively.  In this case, since the property is owned by the Town and will be leased to the IDSDC, the Council needs to review and give its approval to the design. The site plan with the building elevations is attached for Council review.  The proposed building is approximately 23,000 feet in size and will include a theater, planetarium, and observatory.  The main entry into the building is from the Centennial Circle on the north side of the building.  Parking will be in the existing parking lot.  A parking study was done by Greenlight Traffic Engineering.  Their study shows the existing parking lot has 138 spaces and the combined uses for this area of the municipal complex will need only 67 parking spaces on a regular basis.   Town staff have reviewed the proposed site plan and elevations.  Staff has not identified any significant issues with the submitted plans.  A landscape plan is still needed prior to final staff sign off on the plans.     Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.04, Site Plan Review Regulations Zoning Ordinance Chapter 19, Architectural Review Guidelines Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) This is the first step in the approval process for the construction of the IDSDC.  Staff has no significant issues with the submitted plans and recommends approval by the Council.  Following Council action staff will continue to work out the site plan details with the applicant and stamp the final plans as approved.  If any issues arise during the remainder of the review staff will bring the plans back for Council consideration. Following approval of the site plan the applicant could submit construction drawings for building permit approval.  Prior to issuance of a building permit, however, the Council will need to approve a lease for the property.  The relocation of the community garden will also need to be finalized. SUGGESTED MOTION MOVE to approve site plan SIT22-13 subject to staff receiving complete final plans. Attachments Vicinity Map  Narrative and Parking  Site Plan and Elevations  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 09/21/2022 05:39 PM Form Started By: John Wesley Started On: 09/21/2022 10:13 AM Final Approval Date: 09/21/2022  Vicinity CASE: SIT 22-0000013 SITE / ADDRESS: 12845 N LA MONTANA DR APN 176-05-045A REQUEST: Site Plan All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSIT22-0000013SIT22-0000013 AVE N U E O F T H E F O U N T A I N S LA M O N T A N A D R EL LA G O B L V D VE R D E R I V E R D R PAUL N O R D I N PKW Y Pre-Construction Design Phasing | Site Plan Review Narrative   GENERAL BUILDING INFORMATION: The International Dark Sky Discovery Center [IDSDC] is a new single story [<75'] above-ground public education/exhibition building situated at the Southern end the Fountain Hills Civic Center Complex at N. La Montana Blvd. & E. El Lago Blvd. On-site parking is existing to remain, and provided from current site development, accessed from drive entries at the South end [El Lago] and West [La Montana] side of property. See Parking Impact Statement below. Main entry is through a vestibule/lobby at grade [Level 1 / F.F.E. 0.0 Datum +/-1645.6]. Level 1 provides programs of an Astronomical telescope Observatory with domed operable roof, a Planetarium Theater, a Lecture Hall/Theater, an Exhibition Hall, Flexible Classroom space, a Merchandise Gift Shop, vending machine/ snack counter, Administrative Offices, Men’s & Women’s Restrooms, and an additional separate Accessible Family Restroom, as well as access to a Private Outdoor Terrace ancillary [accessory] to the facility. A Non-habitable, No-occupancy Mechanical Attic is accessible via internal ceiling hatch[es]. [Occupancies of Assembly, Business, and Mercantile use]. The building facility shall be compliant to the 2018 version of ICC International Building Code [IBC] and barrier free/ accessible in compliance with the 2017 version of ICC A117.1. MAIN STRUCTURAL SYSTEMS: Main Level to be metal framed stud walls with engineered wood truss joist roof, and steel/wood glued-laminated-beam [GLB] members where required per structural plans. Type III-B construction - unprotected combustible: 2-hour fire-resistance rating of exterior bearing walls. No fire resistance rating required for interior bearing walls, structural framing, or floor/ceiling/ roof protection. "Class C" roofing is required per Type III-B construction, however the specified single- ply thermoplastic polyolefin membrane [TPO] - type-a exceeds req'd. NFPA 13 AUTOMATIC FIRE SPRINKLER SYSTEM: An automatic fire sprinkler/exposure protection system shall be installed throughout the facility. An Ordinary-Hazard Fire Suppression System or Control Device shall be provided that operates automatically when its heat-activated element is heated to its thermal rating or above, allowing water to discharge over the entirety of the coverage area of a single fire originating within the building. Greenlight Traffic Engineering, LLC S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381 T (602) 499-1339 W greenlightte.com 1 of 5 June 22, 2022 Mr. Joe Bill President International Dark Sky Discovery Center 12240 N Barrel Cactus Way Fountain Hills, AZ 85268 Re: Dark Sky Discovery Center | Traffic & Parking Statement NEC La Montana Dr/El Lago Blvd, Fountain Hills, AZ APN 176-05-045A 1 INTRODUCTION This Traffic & Parking Statement was prepared for the proposed Dark Sky Discovery Center in Fountain Hills, Arizona (Project). The Project will include the development of a 13.5-acre parcel with Museum use, as shown in the site plan (Attachment A). The Project is located on the northeast corner of La Montana Drive and El Lago Boulevard within the Town of Fountain Hills, Arizona. The Project has frontage along La Montana Drive and El Lago Boulevard which are owned and maintained by the Town of Fountain Hills (Town). A Traffic & Parking Statement has been completed to satisfy the Town’s planning-level technical report requirements. The purpose of this study was to document existing conditions and calculate anticipated site-generated trips associated with the Project construction, as well as analyze and compare the proposed Project’s parking supply and shared parking associated with the Project use. The Project is forecast to generate 6 AM peak hour trips, 4 PM peak hour trips, 15 Saturday Peak hour trips and 150 average daily trips based on the Institute of Transportation Engineers (ITE) Land Use 580 “Museum”. 2 PROJECT BACKGROUND The Project is located on the northeast corner of La Montana Drive and El Lago Boulevard within the Town of Fountain Hills, Arizona, as shown in the Figure 1. The Project site is currently part of the Fountain Hills Community Garden. The site is bounded by Fountain Hills Community Center to the north, residential units to the east, El Lago Boulevard to the south, and La Montana Drive to the west. Greenlight Traffic Engineering, LLC S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381 T (602) 499-1339 W greenlightte.com 2 of 5 Figure 1: Project Site Location 3 EXISTING ROADWAY CONDITIONS 3.1 Roadways La Montana Drive is a three-lane, north-south roadway with one vehicle lane in each direction and a Two-Way Left-Turn Lane (TWLTL). The cross section includes pavement, curb, gutter, bike lanes, and sidewalk on both sides of the roadway. The posted speed limit on La Montana Drive is 25 miles per hour (mph) near the Project site. La Montana Drive is classified as an Urban Minor Collector based on the Arizona Department of Transportation (ADOT) Statewide Federal Functional System Online Map. La Montana Drive is also classified as a Collector in the Connectivity, Access and Mobility Plan on the Town of Fountain Hills Active Transportation Plan, April 2021. El Lago Boulevard is a three-lane, east-west roadway with one vehicle lane in each direction and a TWLTL. The cross section includes pavement, curb, gutter, bike lanes, and sidewalk on both sides of the roadway with a raised median west of La Montana Drive. The posted speed limit on El Lago Boulevard is 30 mph. El Lago Boulevard is classified as an Urban Major Collector based on the ADOT Statewide Federal Functional System Online Map. El Lago Boulevard is also classified as a Collector in the Connectivity, Access and Mobility Plan on the Town of Fountain Hills Active Transportation Plan, April 2021. Project Site Greenlight Traffic Engineering, LLC S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381 T (602) 499-1339 W greenlightte.com 3 of 5 3.2 Intersections La Montana Drive and El Lago Boulevard is a four-leg unsignalized intersection with stop control present on all approaches. The northbound, eastbound, and westbound approaches consist of a dedicated left-turn lane and one shared through/right-turn lane; the southbound approach consists of one dedicated left-turn lane, one through lane, and one dedicated right-turn lane. 4 PROPOSED SITE CONDITIONS 4.1 Site Access, Circulation, and Parking The Project consists of a 13.5-acre parcel with Museum use. The layout of the proposed building and parking, and existing facilities are shown on the Site Plan in Attachment A. The expected Project opening year is 2023. Access to the development is provided via one existing full access driveway on El Lago Boulevard and one existing full access driveway on La Montana Drive. The driveway on El Lago Boulevard is approximately 355 feet west from La Montana Drive and the driveway on La Montana Drive is approximately 315 feet north from El Lago Boulevard. There are no sight distance concerns at the existing site access driveway locations. The site plan shows 138 total vehicle parking spaces, with 3 accessible spaces, after Project parking modifications. 4.2 Trip Generation The Project consists of 22,950 square feet (SF) of Museum land use. Based on calculations using rates in the ITE Trip Generation Manual, 11th Edition, the Project is forecast to generate 6 AM peak hour trips, 4 PM peak hour trips, 15 Saturday Peak hour trips and 150 average daily trips. Calculated trip values are shown in Table 1. The complete Project trip generation sheet is shown in Attachment B. Table 1: Project Trip Generation Land Use ITE Code1 Size Unit AM Peak Hour PM Peak Hour Saturday Peak Hour Daily Volume In Out Total In Out Total In Out Total Museum 580 22.95 KSF GFA2 6 0 6 1 3 4 11 4 15 1503 Total New External Trips 6 0 6 1 3 4 11 4 15 150 1. Land Use Code (LUC), per ITE Trip Generation Manual, 11th Edition. 2. KSF GFA = 1,000 square feet of gross floor area 3. Daily trips estimated based on Saturday peak hour trips. Saturaday peak hour trips assumed to be 10% of the daily trip total. 5 PARKING DEMAND PER ITE PARKING GENERATION 5.1 ITE Vehicle Parking Demand Parking for the Project will be provided by an existing parking lot on the southwest corner of the site. The parking lot is currently being utilized by 21,969 SF GFA of ITE Land Use 590 “Library” and a community garden with a total of 117 leased beds. The peak parking demands were developed on the following assumptions:  The Library has a two parking lots, including one that will be share with the Museum. It is assumed that 50% of the parking demand generated by the Library will be utilizing the shared parking lot.  The project will also involve the relocation of the community garden which has a total of 117 lease beds. ITE Parking Generation Manual, 5th Edition does not provide an average rate for parking demand for the community garden with leased beds. Assuming one car per community garden leased bed and an average occupancy of 20%, an average rate of 0.2 per bed was assumed for the parking demand for the community garden. It is assumed that all the traffic generated by the community garden will be utilizing the shared parking lot. Based on the parking demand from the ITE and the community garden, the project is forecast to generate an average parking demand of approximately 67 parking spaces. Greenlight Traffic Engineering, LLC S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381 T (602) 499-1339 W greenlightte.com 4 of 5 Table 2-1 summarizes the parking demand calculations. Table 2-1: ITE Parking Demand Land Use Code Setting Units Size Average Rate Average Rate Parking Demand Average Demand of Shared Parking Lot 580 "Museum" General Urban/Suburban KSF GFA 22.95 0.761 18 18 590 "Library" General Urban/Suburban KSF GFA 21.97 2.351 52 263 Community Garden General Urban/Suburban Garden Beds 117 0.22 23 23 Total Parking 67 1. ITE Average Rate 2. Assumed Average Rate 3. Assumed that only 50% of the parking demand will utilize the shared lot. 5.2 Accessible Parking Supply per ITE Vehicle Parking Demand Provisions for accessible parking is a requirement of the Americans with Disabilities Act (ADA). According to Section 208.2 of the 2010 ADA Standards for Accessible Design, a facility that has 51 to 75 parking spaces is required to provide 3 accessible parking spaces. Of the 3 required accessible spaces, at least 1 space needs to be a van-accessible parking space. Table 2-1 summarizes the ADA parking required based on the ITE parking demand calculation. Table 2-1: ADA Parking Supply per ITE Vehicle Parking Demand Land Use ITE Maximum Parking Type ADA Rate Required Parking Museum and Library 67 Total Accessible Parking NA 3 Van Accessible Parking 1 van accessible space/ 6 total accessible spaces 1 Standard Accessible Parking Total accessible minus van accessible spaces 2 5.3 Parking Demand Summary Table 2-2 summarizes parking demand calculations per the Parking Generation Manual plus the ADA supply calculations associated with this demand. Table 2-2: ITE Parking Demand Summary Category Spaces Vehicle Parking Standard Parking Spaces 64 Standard Accessible Spaces 2 Van-Accessible Spaces 1 Total Vehicle Parking Spaces 67 6 PROPOSED PROJECT PARKING SUPPLY AND DEMAND COMPARISON This Project plans to provide a total of 138 vehicle parking spaces, including 3 ADA spaces, after Project parking modifications. Table 3 below provides a comparison summary of the Project’s proposed parking, parking demand, and the resulting excess spaces. Greenlight Traffic Engineering, LLC S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381 T (602) 499-1339 W greenlightte.com 5 of 5 Table 3: Proposed Project Parking Supply and Demand Comparison Category Project Parking Supply Parking Demand Excess/ (Deficient) Spaces Vehicle Parking Standard Spaces 135 64 71 Standard Accessible Spaces 1 2 0 Van Accessible Spaces 2 1 Total Vehicle Parking Spaces 138 67 71 Table 3 shows that the Project parking supply has an excess of 71 spaces in comparison to parking demand. Therefore, the Project’s parking supply is expected to sufficiently accommodate the anticipated parking demand. 7 CONCLUSIONS The following conclusions are made based on the findings of the Project TS: 1. The Project is expected to generate approximately 6 AM peak hour trips, 4 PM peak hour trips, 15 Saturday Peak hour trips and 150 average daily trips. 2. The Project is not expected to have a significant impact to the surrounding roadway infrastructure, as it is expected to generate under 100 peak hour trips. 3. There are no expected sight distance concerns at the existing sight driveways. 4. Parking demand based on the ITE Parking General Manual and community garden result in 67 total spaces, including 3 accessible spaces. 5. A total of 138 parking spaces is proposed to be provided for with the Project, including 3 accessible spaces. 6. Project parking supply is in excess of 71 spaces in comparison to parking demand. The proposed Project’s parking supply will exceed the demand based on the Parking Generation calculations. 8 RECOMMENDATIONS In summary, the proposed Project is expected to have minimal impacts on the adjacent roadway network. The following recommendations were developed based on the findings of the Project TS: 1. Design and construction of the proposed Project improvements should conform to Town of Fountain Hills design standards, as applicable. Sincerely, Greenlight Traffic Engineering, LLC Scott Kelley, PE, PTOE Principal/Project Manager scottk@greenlightte.com (602) 499-1339 Attachments: A – Dark Sky Discovery Center Site Plan B – Project Trip Generation Trip Generation Analysis Project:221066 SWAB Dark Sky Discovery Center Originator:Maria Jimenez Checked:Collette Frohlich, PE Date:6/22/2022 Data Source:Site Plan Reference Manual:ITE Trip Generation Manual, 11th Edition Size:22.95 Independent Variable:1,000 SF GFA Time Period:Weekday (Monday - Friday), Peak Hour Adjacent Street Traffic/ Weekend (Saturday), Peak Hour of Generator Setting/Location:General Urban/Suburban ADT Calc Land Use LUC Units Size In Out Total In Out Total In Out Total In Out Total In Out Total In Out Total ADT Museum 580 1,000 SF GFA 22.95 86%14%0.28 16%84%0.18 71%29%0.66 NA 6 0 6 1 3 4 11 4 15 150 Total 6 0 6 1 3 4 11 4 15 150 Saturday AM Calc PM Calc Saturday Calc AM PM PROPERTY LINE PUBLIC UTILITY EASEMENT * ZONING SETBACK * * *SEE CIVIL FOR MORE INFORMATION * *Per C-2 Commercial Development Standard FINAL GARDEN NOT UNDER THIS SCOPE ENCLOSED BUILDING ENVELOPE [AT GRADE] PRIVACY FENCE 1. AT EDGE OF CONSTRUCTION ENVELOPE, GRADE IS TO BE ALIGNED W/ ADJACENT EXISTING GRADE & RESTORED TO A NATURAL CHARACTER.ALL DISTURBED NON-LANDSCAPE AREAS ARE TO BE RETURNED TO THEIR NATURAL STATE. ALL AREAS DISTURBED SHALL RECEIVE TOPPINGS MATERIALS AND OVER-SEEDINGING PER LANDSCAPE PLANS TO BLEND INTO ADJACENT SURROUNDINGS. 2. EXIST. LANDSCAPING TO BE PROTECTED IN PLACE WHERE POSSIBLE, OR SALVAGED/ RELOCATED/NURSED ON SITE. 3. EXACT LOCATION OF EXIST. VEGETATION & SITE TOPOGRAPHY ARE TO BE FIELD VERIFIED PRIOR TO COMMENCING CONSTRUCTION. 4. SEE LANDSCAPE PLAN FOR ADDITIONAL PLANTING, LANDSCAPE LIGHTING & RE-VEGETATION INFO.COORDINATE REQUIRED SLEEVES W/ LANDSCAPE DESIGNER. 5. SEE CIVIL AND LANDSCAPE PLANS FOR ADDITIONAL GRADING AND SITE DISTURBANCE INFORMATION. 6. SEE CIVIL PLANS FOR UTILITY, GRADING, DRAINAGE, AND STORMWATER MANAGEMENT DESIGN. 7. SEE CIVIL PLANS FOR CONTINUATION OF SITE UTILITIES. 8. COORDINATE ROOF DRAIN LOCATIONS PER PLUMBING PLANS WITH CONCENTRATED DRAINAGE & STORMWATER SYSTEM PER CIVIL PLANS & BRING ANY DISCREPANCIES TO THE ATTENTION OF THE ARCHITECT. 9. SEE ROOF PLAN FORSPECIFICROOF OR PARAPET HEIGHTS. 10. ALL PLUMBING LINES SUBJECT TO FREEZING TO BE PROTECTED.BURY LINES BELOW FROST LINE AS REQUIRED. 11. ADDRESS NUMBERS SHALL BE DISPLAYED, IN ACCORDANCE WITH JURISDICTIONAL DESIGN GUIDELINES, IN A PROMINENT MANNER SO IT IS REASONABLY VISIBLE TO ENABLE EMERGENCY VEHICLES TO LOCATE THE BUILDING. 12. ALL MECHANICAL EQUIPMENT SCREENS SHALL BE A MINIMUM OF ONE FOOT HIGHER THAN HIGHEST POINT OF EQUIPMENT BEING SCREENED. 13. CONTRACTOR SHALL BE RESPONSIBLE FOR CONSTRUCTION & INSTALL OF CONSTRUCTION SIGNAGE AS REQ'D. 14. CONTRACTOR SHALL CONTACT THE ARCHITECT UPON DISCOVERY OF ANY UNDERGROUND UTILITIES NOT LOCATED ON CIVIL PLANS OR A PART OF THIS WORK. 15. SEE CIVIL PLANS / DETAILS FOR ALL TOP OF WALL ELEVATIONS AND FURTHER INFORMATION. 16. PROVIDE A LISTED NON-REMOVABLE BACK FLOW PREVENTION DEVICE AT ALL HOSE BIBBS OR A LISTED ATMOSPHERIC VACUUM BREAKER PER APPLICABLE BUILDING CODE. SEE SPECIFICATIONS FOR MORE INFO. 17. SIDEWALKS, PAVING AND OTHER FLAT WORK SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE SOILS REPORT. 18. STRUCTURES SHALL BE LOCATED BY A QUALIFIED SURVEYOR ONLY, AND SHALL FURNISH PAD CERTIFICATION REPORT PRIOR TO PLACING OF FOUNDATIONS. 19. STRUCTURE SHALL BE LOCATED ON SITE TO CERTIFY COMPLIANCE WITH SETBACKS PRIOR TO ANY WORK. 20. PROPERTY LINE DIMENSIONS ON ARCHITECTURAL SITE PLANS ARE PREPARED WITH INFORMATION FURNISHED BY THE OWNER, AND SHALL NOT BE CONSTRUED AS A SURVEY OF THE PROPERTY. A 0 0 T.O.P. 1674.60' [+29'-0"] COMMUNITY GARDEN AREA. -N.I.C. P.U.E. 10' - 0" P.U.E. 20' - 0" P.U.E. 20' - 0" SETBACK 20' - 0 3/8" FENCE SETBACK 42' - 10 7/8" BUILDING S E T B A C K 12' - 0 " NEW BUS DROP- OFF LANE & CURB CUT [SEE DETAILS] EXISTING WALKWAY, CURB, PARKING STALLS TO REMAIN PENDING MODIFIED DRIVEWAY NOT UNDER SCOPE OF THIS PERMIT 20 ' - 0" P.U.E. 20' - 0" SAN. EASEMENT 20' - 0" SANITARY EASEMENT 20' - 0" MODIFY EXISTING WALKWAY, CURB, TO PROVIDE DRIVEWAY ENTRY [ACCESSIBILITY RAMP COMPLIANT] EXTEND SIDEWALK TO RAMP ENTRY PATH [ACCESSIBILITY RAMP COMPLIANT +/- 238' - 8 1/4" +/- 159' - 11 3/4" +/- 99' - 9 3/4" +/ - 153' - 5 3/4" EXISTING ACCESSIBLE CURB CUT TO REMAIN +/- 161' - 10 1/2" MECHANICAL YARD SERVICE DRIVE PRIVATE TERRACE 22' - 3" T.O. DOME36' - 0" F.F.E. 1645.60' [0.0 DATUM] F.F.E. 1645.52' SETBACK 39' - 7 5/8" BUILDING 102 102 101 101 103 103 103 103 103 103 105 104 113 114 119128 128 111 106 108 108 109 109 109 109 109 129 130 130 130 115 110 109 131 131 131131 110 116 109 115 116 107 107 107 112 109 120 127 127 109 SIDEWALK5' - 10" DRIVE 12' - 0 " DRIVE 12' - 0" 103 102 102 118 118 R 28 ' - 4 " R 43' - 6" 105 109 JOB NO. SHEET SCALE DATE CO P Y R I G H T © 2 0 2 1 DR A W I N G S A N D S P E C I F I C A T I O N S A S I N S T R U M E N T S O F S E R V I C E A R E T H E P R O P E R T Y O F T H E A R C H I T E C T A N D M A Y N O T B E R E P R O D U C E D W I T H O U T T H E W R IT T E N P E R M I S S I O N O F S W A B A C K A R C H I T E C T S + P L A N N E R S p l l c PROJECT PHASE DESIGN REVIEW DOCUMENTS [NFC] JURISDICTIONAL REVIEW ISSUE FOR CONSTRUCTION POST APPROVAL REVISIONS REVISIONS W S A BAC Kpllc 7550 EAST McDONALD DRIVE SUITE 'A' SCOTTSDALE, ARIZONA 85250 PHONE (480) 367.2100 [30"x42"]08.12.22NTS VE R I F Y T H I S S H E E T T O B E P R I N T E D " A R C H D " 2 4 X 3 6 - D O N O T S C A L E D R A W I N G S 8/ 1 2 / 2 0 2 2 1 1 : 3 0 : 0 2 As indicated A1.0 SI T E P L A N In t e r n a t i o n a l D a r k S k y D i s c o v e r y C e n t e r 12 9 0 1 N . L A M O N T A N A D R . 2147 FO U N T A I N H I L L S , A Z 8 5 2 6 8 6/24/2022 6/24/2022 GRAPHIC LEGEND SITE PLAN GENERAL NOTES 0 20'40'100' N.T.S.SCALE : 1" = 20'-0"2SITE PLAN PROJECT DATA JURISDICTION : TOWN OF FOUNTAIN HILLS, AZ SITE ADDRESS : 12901 N. LA MONTANA DR., FOUNTAIN HILLS, AZ, 85268 LEGAL DESCRIPTION : MUNI. PROP. / AG / VACANT LAND / NON-PROFIT R/P APN : 176-05-045A PLAT : BOOK 144, PAGE 04 S-T-R : 15-3N-6E FLOOD ZONE : N/A ZONING : C-2 [INTERMEDIATE COMMERCIAL ZONING DISCTRICT] LOT AREA : 588,281 SQ.FT. [13.5 ac.] SUBDIVISION : FH AZ, NO. 208; BLOCK 508 PUC : 9700 OCCUPANCIES : ASSEMBLY [A-1/A-2/A-3]; BUSINESS [B]; MERCANTILE [M]; STORAGE [S-1/S-2] CONSTRUCTION TYPE : III-B FIRE SUPRESSION : NFPA 13 - FULLY SPRINKLERED / NFPA 72 FIRE ALARMED PAD ELEVATION : 1,644.6 FIN. FLR. ELEV. : 1,645.6' [0.0 DATUM] PROPOSED FINISH FLOOR ELEVATIONS AREA SUMMARY DISTRICT AREA [SQ.FT.] WIDTH [FT.] BLDG. HEIGHT [FT.] MINIMUM YARD SETBACKS LOT COV. DISTANCE BETWEEN BLDGS.FRONT SIDE STREET SIDE REAR C-2 6,000 60 40 10 0 0 0 60% UBC DEVELOPMENT GUIDELINES *SEE SHEET A0.2 FOR CODE ANALYSIS & ADDITIONAL APPROVALS INTERIOR GROSS TOTAL PRIMARY USE 19,256 SF STOR./MECH/CIRC. 3,564 SF 22,820 SF INTERIOR GROSS TOTAL PRIMARY USE 19,256 SF STOR./MECH/CIRC. 3,564 SF 22,820 SF FOUNTAIN HILLS ZONING ORDINANCE SUMMARY : COMMERCIAL DISTRICT EXTERIOR COVERED 3,437 SF PARKING SUMMARY -PROPOSED GRAND TOTAL [INT.+EXT.] 26,408 SF PARKING TO BE PROVIDED IN ACCORDANCE WITH TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND MODIFIED AS PER PARKING MASTER PLAN. SEE PARKING STATEMENT ON REFERENCE DOCS. SHEET A0.7. SITE PLAN KEYNOTES 101 PROPERTY LINE 102 LOCATION OF THE ASSUMED IMAGINARY LINE WITH RELATION TO ASSUMED BUILDING SEPARATION FROM EXISTING BUILDING PER ZONING CODE [705.5]. 103 JURISDICTIONAL SETBACK LINE OR PUBLIC EASEMENT. 104 DATUM FOR BUILDING LOCATION. POINT REPRESENTS OUTSIDE CORNER OF FOUNDATION WALL AT GRID POINT A-0. FIELD LOCATE BY SURVEYOR & VERIFY LOCATION WITH ARCHITECT PRIOR TO PLACEMENT OF FOOTING/FOUNDATION. 105 EXIST. FIRE HYDRANT, SEE CIVIL FOR MORE INFO. 106 NEW FIRE DEPARTMENT CONNECTION [FDC]. VERIFY MAX. DISTANCE FROM EXISTING FIRE HYDRANT BY FIRE OFFICIAL. 107 EXIST. HARDSCAPE/PAVING TO REMAIN. 108 REMOVE/ REPLACE BRICK PAVING PATTERN IN-KIND. 109 NEW CONCRETE / BRICK PAVING. FINISH, PATTERN, BRICK TYPE, SIZE & COLORS TO MATCH EXISTING AS APPLIES. 110 GRADING INFORMATION - [CONTOURS, ELEVATIONS, WALL HEIGHTS, ETC.] INDICATED ON ARCHITECTURAL SITE PLAN AREA FOR REFERENCE ONLY. REFER TO CIVIL DRAWINGS FOR MORE INFORMATION. 111 ELECTRICAL SERVICE ENTRANCE SECTION [SES]. SEE ELECTRICAL FOR MORE INFO. 112 UTILITY MAIN[S] / METER[S] / EQUIP. LOCATION AT GRADE LEVEL, REFER TO MP&E PLANS FOR ADDT'L INFO. 113 NEW PAD MOUNT ELECTRICAL SERVICE TRANSFORMER. SEE ELECTRICAL FOR MORE INFO. 114 HVAC CONDENSER UNITS AT GRADE LEVEL PAD, SEE MECHANICAL PLANS FOR ADDT'L INFO & SPECS. 115 PROVIDE POSITIVE DRAINAGE AND NATIVE ROCK EROSION PREVENTION PER LANDSCAPE REVEG. PLANS. COORDINATE DOWNSPOUT/AREA DRAIN LOCATIONS WITH PLUMBING PLANS. 116 LANDSCAPE, REFER TO LANDSCAPE PLANS FOR PLANTING INFORMATION. INSTALL SLEEVES AS REQUIRED BY IRRIGATION PLANS AND SITE LIGHTING PLANS. 118 EXISTING PARKING LOT / DRIVEWAY TO REMAIN. 119 SERVICE ENTRANCE, COORDINATE DRIVEWAY HARDSCAPE SLOPE TO MEET IMMERSION ZONE FINISH FLOOR. REFER TO CIVIL PLANS FOR MORE INFO. 120 PROVIDE COMPLIANT EXIT LANDING AND EXTERIOR ACCESSIBLE ROUTE OF EGRESS. 127 THE EXIT DISCHARGE SHALL PROVIDE A DIRECT & UNOBSTRUCTED ACCESS TO THE PUBLIC WAY. 128 REFUSE DUMPSTER[S]. 129 NEW SIGNAGE WALL AT MUSEUM. 130 SITE SCREENING WALL. 131 TELESCOPE PAD & DATA CONNECTION POINT. PROVIDE UNDERSLAB CONDUIT[S] TO OBSERVATORY CONTROL ROOM A/V RACK LOCATION. NORTH OWNER / OPERATOR IDSDC COMMITTEE BOARD FOUNTAIN HILLS, AZ CONTACT: JOE BILL, BOARD PRESIDENT ARCHITECT SWABACK ARCHITECTS + PLANNERS pllc 7550 EAST McDONALD DRIVE SCOTTSDALE, AZ 85250 480-367-2100 CONTACT:JON BERNHARD, SENIOR PROJECT ARCHITECT GENERAL CONTRACTOR MCCARTHY BUILDING COMPANIES, INC. 6225 N. 24TH ST., STE 200 PHOENIX, AZ 85016 480.449.4700 CONTACT: JUSTIN ADAMS, PROJECT DIR. NO. DESCRIPTION DATE F.F.E.0" T.O. PLANETARIUM DOME36' -0" T.O. OBSERVATORY DOME22' -3" MECH. ATTIC12' -4" 36' - 0" A.F.F. 22' - 0" A.F.F. 14' - 0" A.F.F. 22' - 0" A.F.F. 29' - 0" A.F.F.29' - 0" A.F.F. 18' - 0" A.F.F. 803 802 802 804 802 810 811 811811811 804804804 802 817 811 810 801 810 817 810 810 812 810814 807 802 802 TYP. 804 804811811811 TYP. 819819 819819 TYP. TYP. 819819 810 818 807 807 F.F.E. 0" T.O. PLANETARIUM DOME36' -0" T.O. OBSERVATORY DOME22' -3" MECH. ATTIC 12' -4" 36' - 0" A.F.F. 13' - 6 1/2" A.F.F. 29' - 0" A.F.F. 13' - 0" A.F.F. 18' - 0" A.F.F. 801 802 802 811 811 811810819 812 818 807807 803 819 803 802 802 810 810 810 810 810811811811 816 811 803 1. GLAZING IN THE FOLLOWING LOCATIONS SHALL BE SAFETY GLAZING CONFORMING TO THE HUMAN IMPACT LOADS OF SECTION 2406.4 (SEE EXCEPTIONS PER SUB-SECTION) 1. FIXED AND OPERABLE PANELS OF SWINGING, SLIDING AND BI-FOLD DOOR ASSEMBLIES. 2. GLAZING IN AN INDIVIDUAL FIXED OR OPERABLE PANEL ADJACENT TO A DOOR WHERE THE NEAREST VERTICAL EDGE IS WITHIN A 24-INCH ARC OF THE DOOR IN A CLOSED POSITION AND WHOSE BOTTOM EDGE IS LESS THAN 60 INCHES ABOVE THE FLOOR OR WALKING SURFACE. 3. GLAZING IN AN INDIVIDUAL FIXED OR OPERABLE PANEL THAT MEETS ALL OF THE FOLLOWING CONDITIONS: a. EXPOSED AREA OF AN INDIVIDUAL PANE GREATER THAN 9 SQUARE FEET. b. BOTTOM EDGE LESS THAN 18 INCHES ABOVE THE FLOOR c. THE TOP EDGE OF TEH GLAZING IS GRETER THAN 36 INCHES ABOVE THE FLOOR. d. ONE OR MORE WALKING SURFACES WITHIN 36 INCHES HORIZONTALLY, AND IN A STRAIGHT LINE, OF THE PLANE OF GLAZING. 4. GLAZING IN GUARDS & RAILINGS, INCLUDING STRUCTURAL BALASTER PANELS & NON-STRUCTURAL INFILL PANELS, REGARDLESS OF AREA OR HEIGHT ABOVE WALKING SURFACE. 5. GLAZING IN WALLS, ENCLOSURES OR FENCES CONTAINING OR FACING WET SURFACE USE [SWIMMING POOLS ETC.] WHERE THE BOTTOM EXPOSED EDGE OF THE GLAZING IS LESS THAN 60 INCHES MEASURED VERTICALLY ABOVE ANY STANDING OR WALKING SURFACE. THIS SHALL APPLY TO SINGLE GLAZING AND ALL PANELS IN MULTIPLE GLAZING. 6. GLAZING ADJACENT TO STAIRWAYS, LANDINGS AND RAMPS WHERE THE SURFACE OF THE GLAZING IS LESS THAN 60 INCHES ABOVE THE PLANE OF THE ADJACENT WALKING SURFACE. 7. GLAZING WHERE THE BOTTOM LNADING OF STAIRWAYS, LANDINGS AND RAMPS IS LESS THAN 60 INCHES ABOVE THE LANDING AND WITHIN A 60 INCH HORIZONTAL ARC THAT IS LESS THAN 180 DEGREES FROM THE BOTTOM TREAD NOSING. 2. GLAZING IN HAZARDOUS LOCATIONS SHALL BE TEMPERED 3. ALL DOORS WITH GLAZING ARE TO BE TEMPERED AND DOUBLE GLAZED. 4. SEE FLOOR PLAN FOR DOOR SWING WHERE MULTIPLE DOOR NUMBERS OCCUR AT ONE DOOR ELEVATION. 5. ALL WINDOWS TO BE CONSIDERED FIXED GLAZING PANEL TYPE UNLESS OPERATION IS NOTED OTHERWISE PER WINDOW SCHEDULE. GRAPHIC SCALE ADJUSTED FOR CLARITY. MATERIALS AS SHOWN ARE TO DEMONSTRATE INTENT. ALL FINAL SELECTIONS TO FOLLOW AS PER THE REQUIRED DESIGN REVIEW PROCESS. STONE VENEER METAL PANEL WITH 3/4" REVEAL STUCCO -MEDIUM SAND FINISH GLAZING [1 ' - 0 " A T O B S E R V A T O R Y ] 2' - 0 " FONT : NEUTRA FINISH : BRUSHED STAINLESS STEEL JOB NO. SHEET SCALE DATE CO P Y R I G H T © 2 0 2 1 DR A W I N G S A N D S P E C I F I C A T I O N S A S I N S T R U M E N T S O F S E R V I C E A R E T H E P R O P E R T Y O F T H E A R C H I T E C T A N D M A Y N O T B E R E P R O D U C E D W I T H O U T T H E W R IT T E N P E R M I S S I O N O F S W A B A C K A R C H I T E C T S + P L A N N E R S p l l c PROJECT PHASE DESIGN REVIEW DOCUMENTS [NFC] JURISDICTIONAL REVIEW ISSUE FOR CONSTRUCTION POST APPROVAL REVISIONS REVISIONS W S A BAC Kpllc 7550 EAST McDONALD DRIVE SUITE 'A' SCOTTSDALE, ARIZONA 85250 PHONE (480) 367.2100 [30"x42"]08.12.22NTS VE R I F Y T H I S S H E E T T O B E P R I N T E D " A R C H D " 2 4 X 3 6 - D O N O T S C A L E D R A W I N G S 8/ 1 2 / 2 0 2 2 1 0 : 4 9 : 0 7 As indicated A3.1 EX T E R I O R E L E V A T I O N S In t e r n a t i o n a l D a r k S k y D i s c o v e r y C e n t e r 12 9 0 1 N . L A M O N T A N A D R . 2147 FO U N T A I N H I L L S , A Z 8 5 2 6 8 6/24/2022 6/24/2022 N.T.S.SCALE : 1/8" = 1'-0"1NORTH BUILDING ELEVATION N.T.S.SCALE : 1/8" = 1'-0"2EAST BUILDING ELEVATION EXT. ELEV. GENERAL NOTESEXTERIOR ELEVATION KEYNOTES 801 SPHERE SCULPTURE PER SPECS 802 METAL PANEL WALL / PARAPET WITH 3/4" REVEAL. VERIFY FINISH ELEVATION COORDINATES WITH PANEL/REVEAL COURSING. SEE DETAILS FOR CAP & FLASHING 803 METAL FASCIA TO MATCH METAL PANEL WALL 804 TICKETING KIOSK PER SPEC 807 METAL SIGNAGE PER SPECS 810 STUCCO FINISH PER SPEC WITH CONTROL JOINT, SEE ____________ 811 STONE VENEER WALL PER WALL TYPE & SPEC 812 OBSERVATORY DOME PER SPEC 814 PRIVATE VIEWING TERRACE GATE; SEE DOOR SCHEDULE 816 SERVICE DOOR; SEE DOOR SCHEDULE 817 ENTRY DOOR; SEE DOOR SCHEDULE 818 PLANETARIUM DOME PER SPEC 819 GLAZING SYSTEM; SEE WINDOW SCHEDULE EXTERIOR ELEVATION LEGENDEXT. BUILDING SIGNAGE NO. DESCRIPTION DATE F.F.E.0" T.O. PLANETARIUM DOME 36' -0" T.O. OBSERVATORY DOME22' -3" MECH. ATTIC 12' -4" 36' - 0" A.F.F. 22' - 0" A.F.F. 29' - 0" A.F.F. 18' - 0" A.F.F. 13' - 0" A.F.F. 14' - 0" A.F.F. 22' - 0" A.F.F. 806 805 807803 802 802 810 811 810 811 812 816 810 818 810 810810 810 810 810 802 F.F.E. 0" T.O. PLANETARIUM DOME36' -0" T.O. OBSERVATORY DOME 22' -3" MECH. ATTIC12' -4" 29' - 0" A.F.F. 36' - 0" A.F.F. 13' - 6 1/2" A.F.F. 11' - 0" A.F.F. 19' - 0" A.F.F. 13' - 0" A.F.F. 810 810 810 811 811 811815811 802802 810 819819821 803 807 822 811807802 803 822 802802 810 818 1. GLAZING IN THE FOLLOWING LOCATIONS SHALL BE SAFETY GLAZING CONFORMING TO THE HUMAN IMPACT LOADS OF SECTION 2406.4 (SEE EXCEPTIONS PER SUB-SECTION) 1. FIXED AND OPERABLE PANELS OF SWINGING, SLIDING AND BI-FOLD DOOR ASSEMBLIES. 2. GLAZING IN AN INDIVIDUAL FIXED OR OPERABLE PANEL ADJACENT TO A DOOR WHERE THE NEAREST VERTICAL EDGE IS WITHIN A 24-INCH ARC OF THE DOOR IN A CLOSED POSITION AND WHOSE BOTTOM EDGE IS LESS THAN 60 INCHES ABOVE THE FLOOR OR WALKING SURFACE. 3. GLAZING IN AN INDIVIDUAL FIXED OR OPERABLE PANEL THAT MEETS ALL OF THE FOLLOWING CONDITIONS: a. EXPOSED AREA OF AN INDIVIDUAL PANE GREATER THAN 9 SQUARE FEET. b. BOTTOM EDGE LESS THAN 18 INCHES ABOVE THE FLOOR c. THE TOP EDGE OF TEH GLAZING IS GRETER THAN 36 INCHES ABOVE THE FLOOR. d. ONE OR MORE WALKING SURFACES WITHIN 36 INCHES HORIZONTALLY, AND IN A STRAIGHT LINE, OF THE PLANE OF GLAZING. 4. GLAZING IN GUARDS & RAILINGS, INCLUDING STRUCTURAL BALASTER PANELS & NON-STRUCTURAL INFILL PANELS, REGARDLESS OF AREA OR HEIGHT ABOVE WALKING SURFACE. 5. GLAZING IN WALLS, ENCLOSURES OR FENCES CONTAINING OR FACING WET SURFACE USE [SWIMMING POOLS ETC.] WHERE THE BOTTOM EXPOSED EDGE OF THE GLAZING IS LESS THAN 60 INCHES MEASURED VERTICALLY ABOVE ANY STANDING OR WALKING SURFACE. THIS SHALL APPLY TO SINGLE GLAZING AND ALL PANELS IN MULTIPLE GLAZING. 6. GLAZING ADJACENT TO STAIRWAYS, LANDINGS AND RAMPS WHERE THE SURFACE OF THE GLAZING IS LESS THAN 60 INCHES ABOVE THE PLANE OF THE ADJACENT WALKING SURFACE. 7. GLAZING WHERE THE BOTTOM LNADING OF STAIRWAYS, LANDINGS AND RAMPS IS LESS THAN 60 INCHES ABOVE THE LANDING AND WITHIN A 60 INCH HORIZONTAL ARC THAT IS LESS THAN 180 DEGREES FROM THE BOTTOM TREAD NOSING. 2. GLAZING IN HAZARDOUS LOCATIONS SHALL BE TEMPERED 3. ALL DOORS WITH GLAZING ARE TO BE TEMPERED AND DOUBLE GLAZED. 4. SEE FLOOR PLAN FOR DOOR SWING WHERE MULTIPLE DOOR NUMBERS OCCUR AT ONE DOOR ELEVATION. 5. ALL WINDOWS TO BE CONSIDERED FIXED GLAZING PANEL TYPE UNLESS OPERATION IS NOTED OTHERWISE PER WINDOW SCHEDULE. GRAPHIC SCALE ADJUSTED FOR CLARITY. MATERIALS AS SHOWN ARE TO DEMONSTRATE INTENT. ALL FINAL SELECTIONS TO FOLLOW AS PER THE REQUIRED DESIGN REVIEW PROCESS. STONE VENEER METAL PANEL WITH 3/4" REVEAL STUCCO -MEDIUM SAND FINISH GLAZING JOB NO. SHEET SCALE DATE CO P Y R I G H T © 2 0 2 1 DR A W I N G S A N D S P E C I F I C A T I O N S A S I N S T R U M E N T S O F S E R V I C E A R E T H E P R O P E R T Y O F T H E A R C H I T E C T A N D M A Y N O T B E R E P R O D U C E D W I T H O U T T H E W R IT T E N P E R M I S S I O N O F S W A B A C K A R C H I T E C T S + P L A N N E R S p l l c PROJECT PHASE DESIGN REVIEW DOCUMENTS [NFC] JURISDICTIONAL REVIEW ISSUE FOR CONSTRUCTION POST APPROVAL REVISIONS REVISIONS W S A BAC Kpllc 7550 EAST McDONALD DRIVE SUITE 'A' SCOTTSDALE, ARIZONA 85250 PHONE (480) 367.2100 [30"x42"]08.12.22NTS VE R I F Y T H I S S H E E T T O B E P R I N T E D " A R C H D " 2 4 X 3 6 - D O N O T S C A L E D R A W I N G S 8/ 1 2 / 2 0 2 2 1 0 : 5 0 : 0 1 As indicated A3.2 EX T E R I O R E L E V A T I O N S In t e r n a t i o n a l D a r k S k y D i s c o v e r y C e n t e r 12 9 0 1 N . L A M O N T A N A D R . 2147 FO U N T A I N H I L L S , A Z 8 5 2 6 8 6/24/2022 6/24/2022 N.T.S.SCALE : 1/8" = 1'-0"3SOUTH BUILDING ELEVATION N.T.S.SCALE : 1/8" = 1'-0"4WEST BUILDING ELEVATION EXT. ELEV. GENERAL NOTESEXTERIOR ELEVATION KEYNOTES 802 METAL PANEL WALL / PARAPET WITH 3/4" REVEAL. VERIFY FINISH ELEVATION COORDINATES WITH PANEL/REVEAL COURSING. SEE DETAILS FOR CAP & FLASHING 803 METAL FASCIA TO MATCH METAL PANEL WALL 805 MECHANICAL OR REFUSE DUMPSTER ENCLOSURE WALL. STONE VENEER WALL PER WALL TYPE & SPEC 806 IMMERSION ZONE SERVICE ENTRY ROLL UP DOOR; SEE DOOR SCHEDULE 807 METAL SIGNAGE PER SPECS 810 STUCCO FINISH PER SPEC WITH CONTROL JOINT, SEE ____________ 811 STONE VENEER WALL PER WALL TYPE & SPEC 812 OBSERVATORY DOME PER SPEC 815 MECHANICAL ENCLOSURE GATE; SEE DOOR SCHEDULE 816 SERVICE DOOR; SEE DOOR SCHEDULE 818 PLANETARIUM DOME PER SPEC 819 GLAZING SYSTEM; SEE WINDOW SCHEDULE 821 EGRESS DOOR TO MATCH DARK METAL PANEL; SEE DOOR SCHEDULE 822 DARK METAL PANEL EXTERIOR ELEVATION LEGEND NO. DESCRIPTION DATE JOB NO. SHEET SCALE DATE CO P Y R I G H T © 2 0 2 1 DR A W I N G S A N D S P E C I F I C A T I O N S A S I N S T R U M E N T S O F S E R V I C E A R E T H E P R O P E R T Y O F T H E A R C H I T E C T A N D M A Y N O T B E R E P R O D U C E D W I T H O U T T H E W R IT T E N P E R M I S S I O N O F S W A B A C K A R C H I T E C T S + P L A N N E R S p l l c PROJECT PHASE DESIGN REVIEW DOCUMENTS [NFC] JURISDICTIONAL REVIEW ISSUE FOR CONSTRUCTION POST APPROVAL REVISIONS REVISIONS W S A BAC Kpllc 7550 EAST McDONALD DRIVE SUITE 'A' SCOTTSDALE, ARIZONA 85250 PHONE (480) 367.2100 [30"x42"]08.12.22NTS VE R I F Y T H I S S H E E T T O B E P R I N T E D " A R C H D " 2 4 X 3 6 - D O N O T S C A L E D R A W I N G S 8/ 1 2 / 2 0 2 2 1 0 : 5 0 : 5 3 A4.1 EX T E R I O R R E N D E R I N G S In t e r n a t i o n a l D a r k S k y D i s c o v e r y C e n t e r 12 9 0 1 N . L A M O N T A N A D R . 2147 FO U N T A I N H I L L S , A Z 8 5 2 6 8 6/24/2022 6/24/2022 NO. DESCRIPTION DATE JOB NO. SHEET SCALE DATE CO P Y R I G H T © 2 0 2 1 DR A W I N G S A N D S P E C I F I C A T I O N S A S I N S T R U M E N T S O F S E R V I C E A R E T H E P R O P E R T Y O F T H E A R C H I T E C T A N D M A Y N O T B E R E P R O D U C E D W I T H O U T T H E W R IT T E N P E R M I S S I O N O F S W A B A C K A R C H I T E C T S + P L A N N E R S p l l c PROJECT PHASE DESIGN REVIEW DOCUMENTS [NFC] JURISDICTIONAL REVIEW ISSUE FOR CONSTRUCTION POST APPROVAL REVISIONS REVISIONS W S A BAC Kpllc 7550 EAST McDONALD DRIVE SUITE 'A' SCOTTSDALE, ARIZONA 85250 PHONE (480) 367.2100 [30"x42"]08.12.22NTS VE R I F Y T H I S S H E E T T O B E P R I N T E D " A R C H D " 2 4 X 3 6 - D O N O T S C A L E D R A W I N G S 8/ 1 2 / 2 0 2 2 1 1 : 1 7 : 0 8 X1 MA T E R I A L S A M P L E B O A R D In t e r n a t i o n a l D a r k S k y D i s c o v e r y C e n t e r 12 9 0 1 N . L A M O N T A N A D R . 2147 FO U N T A I N H I L L S , A Z 8 5 2 6 8 6/24/2022 6/24/2022 Stucco wall color 1 & texture Metal Wall Panels SH E R . W I L L . S W 7 6 3 2 M O D E R N G R A Y - FI N E S A N D E D S T U C C O - L R V 6 4 . 6 8 AL U C O B O N D " P L A N T I N U M M I C A " PA N E L W I T H R E V E A L S Flat Roof Material & Color SI N G L E M E M B R A N E 80 M I L T P O - G R A Y Stone Veneer Wall & Column TE R R A R E D S A N D S T O N E - UN F I L L E D / V E I N C U T 2 4 X 2 4 Ext. Doors & Windows Frame Color AN O D I Z E D A L U M I N U M - D A R K B R O N Z E High-Performance Glass & IGU PP G S O L A R B A N 7 0 LO W - E Hardscape Brick Paving - [Colors To Match Existing] Metal Dome Roof [Planet.] & Metal Fascia Color SH E R W I N W I L L I A M S - KA M E L E O N R O S E D U S T Red Brick Blue Brick Tan Mix Brick Hardscape - Integral Color Concrete Sedona Red Grey Stone Desert Tan Stucco wall color 2 & texture SH E R . W I L L . S W 2 3 1 3 S E D O N A C L A Y - FI N E S A N D E D S T U C C O - L R V 6 4 . 6 8 Metal Dome Roof [Observatory] AN O D I Z E D A L U M I N U M - T B D NO. DESCRIPTION DATE ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Contract 2023-034 with Musco Sports Lighting, LLC. Staff Summary (Background) Golden Eagle Park is home to the Town's primary ball fields which host more than 35 youth, adult, and senior tournaments annually. Additionally, the fields are used by the Fountain Hills Little League as well as several baseball training programs. The fields are a popular amenity and generate an average of $65,000-$70,000 in revenue annually. The supporting ballfield lighting structures are original to the park and were installed in 1997. At 25 years old, the lights have surpassed their useful life. Town staff has addressed maintenance and individual repairs as poles and fixtures have failed. However, the degree of failure occurring has exceeded a reasonable maintenance budget. As of the start of the current fiscal year, more than $10,000 has been spent on repairs, in addition to more than $25,000 in FY22. Staff recommends the replacement of all ballfield lighting within the park with LED technology. By collectively addressing the entire lighting system, the staff can proactively schedule the upgrades, work with existing users to minimize impacts, limit amenity downtime, and improve operational effectiveness, including improved savings, less energy use, and decreased light pollution.  The Town of Fountain Hills seeks to enter into a Cooperative Purchasing Agreement with Musco Sports Lighting, LLC, the current provider for all LED field and ballpark lighting within Fountain Hills parks. The Town will pay an aggregate amount not to exceed $2,000,000 for the term of the contract including 4 one-year renewals. The contract includes the following scope of work: 1. Furnish and install new MUSCO LED heads for 20 existing poles. The new field photometric will give 50fc in the infield and 30fc in the outfield. 2. Furnish and install (2) new MUSCO Control-Link cabinets to control fields with new LED technology. 3. Furnish and install appropriate hanging methods on poles, ie cross arms for existing MUSCO poles and strapping for poles where heads were other than MUSCO. 4. Warranty of all work and hardware for 25 years. Musco has been the industry leader in developing an industry-leading lighting system that provides high-quality on-field performance and environmental sensitivity to the surrounding area. provides high-quality on-field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. Related Ordinance, Policy or Guiding Principle Pursuant to Section 3-3-27 of the Town Code, departments are authorized to make purchases under the Sourcewell Contract, at their discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the Town. Risk Analysis Should there be an irreparable failure, fields will not be usable for evenings or tournaments. Revenue loss and extended operational  downtime will result.  Recommendation(s) by Board(s) or Commission(s) The Community Services Advisory Commission recommends this project. Staff Recommendation(s) Staff recommends approval of Contract 2023-034 with Musco Sports Lighting, LLC SUGGESTED MOTION MOVE to approve Contract 2023-034 with Musco Sports Lighting, LLC. Fiscal Impact Fiscal Impact:$700,000 FY23 Budget Reference:P3032 Funding Source:CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Musco Contract 2023-034  Exhibit A - Musco Contract 2023-034  Exhibit B - Musco Contract 2023-034  25 Year Cost of Ownership  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 09/22/2022 03:51 PM Finance Director David Pock 09/23/2022 11:19 AM Town Attorney Aaron D. Arnson 09/23/2022 11:28 AM Town Manager Grady E. Miller 09/24/2022 08:54 AM Form Started By: Patti Lopuszanski Started On: 08/22/2022 03:34 PM Final Approval Date: 09/24/2022  1 Contract No. 2023-034 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MUSCO SPORTS LIGHTING, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Musco Sports Lighting, LLC, a(n) Iowa limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process (RFP #071619), Sourcewell, a State of Minnesota local government agency (“Sourcewell”), entered into Contract No. #071619-MSL, dated August 29, 2019, as amended (collectively, the “Sourcewell Contract”) for the Contractor to provide Sports Lighting Equipment and Installation. A copy of the Sourcewell Contract is incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell 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 their cooperative contractual relationship under the Sourcewell Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide Sports Lighting Equipment and Installation (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 introduction and 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 of execution and shall remain in full force and effect until June 30, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional 2 one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Sourcewell Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2.Scope of Work. This is an indefinite quantity and indefinite delivery Agreement forMaterials and Services under the terms and conditions of the Sourcewell Contract. The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a “Work Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the Sourcewell Contract and (ii) be attached heretoas Exhibit A and incorporated herein by reference. Work Orders submitted without referencingthis Agreement and the Sourcewell Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the Sourcewell Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from anypayments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3.Compensation. The Town shall pay Contractor an aggregate amount not to exceed $2,000,000 for the term of the Agreement (including all renewals) for the Materials and Services at the rates per Exhibit B. 4.Payments. The Town shall pay the Contractor monthly (and the Contractor shallinvoice 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 Sourcewell Contract and (ii) document and itemize all work 3 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 Sourcewell 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 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. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. 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. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. 4 Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town’s termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the Sourcewell Contract, and invoices, 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 Sourcewell 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 Sourcewell Contract shall not alter such terms and conditions 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 Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to Sourcewell and shall be “Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell Contract that are incorporated herein by reference. 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 Sourcewell to the extent provided under the Sourcewell 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. 14. Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom 5 the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 15. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Musco Sports Lighting, LLC 100 1st Ave W. Oskaloosa, IA. 52577 Attn: Dee Smith or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] EXHIBIT A TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MUSCO SPORTS LIGHTING, LLC [Sourcewell Contract] See following pages. Contract #071619-MSL 1 Rev. 4/2019 Solicitation Number: #071619 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and, Musco Sports Lighting LLC, 100 1st Ave West PO Box 808, Oskaloosa IA 52577 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 27, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 2 Rev. 4/2019 This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 3 Rev. 4/2019 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number x Clearly specify the requested change x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 4 Rev. 4/2019 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 5 Rev. 4/2019 D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 6 Rev. 4/2019 The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Member Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 7 Rev. 4/2019 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 8 Rev. 4/2019 If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 9 Rev. 4/2019 remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 10 Rev. 4/2019 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 11 Rev. 4/2019 $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 12 Rev. 4/2019 maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 13 Rev. 4/2019 a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 14 Rev. 4/2019 work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 15 Rev. 4/2019 covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL 16 Rev. 4/2019 Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell Musco Sports Lighting LLC By: __________________________ By: __________________________ Jeremy Schwartz James M. 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Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Musco Sports Lighting, LLC #071619-MSL Pricing for contract #071619-MSL is provided at 5% off list price to Sourcewell participating agencies. Musco Sports Lighting, LLC is a custom designed, engineered to order lighting system. Any pricing obtained from Musco Sports Lighting, LLC already has the 5% discount applied. Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 1 RFP #071619 REQUEST FOR PROPOSALS for Sports Lighting with Related Supplies and Services Proposal Due Date: July 16, 2019, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Sports Lighting with Related Supplies and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than July 16, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: May 30, 2019 Pre-proposal Conference: June 26, 2019, 10:00 a.m., Central Time Question Submission Deadline: July 10, 2019, 4:30 p.m., Central Time Proposal Due Date: July 16, 4:30 p.m., Central Time Late responses will not be considered. Opening: July 16, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 2 I. ABOUT SOURCEWELL AND MEMBERS A. SOURCEWELL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ members across the United States and Canada. Sourcewell’s solicitation process complies with Minnesota law and policies, and results in cooperative contracting solutions from which Sourcewell’s members procure equipment, products, and services. Cooperative contracting provides members and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. MEMBERS AND USE OF RESULTING CONTRACTS Membership in Sourcewell is open to government and non-profit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. Access to contracted equipment, products, or services by Members is typically through a purchase order issued directly to the applicable vendor. A Member may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Members retain the right to obtain similar equipment, products, or services from other sources. To meet Members’ needs, public notice of this RFP has been broadly published, including notification to each state-level procurement departments for possible re-posting. As required by certain states, an Appendix of Members is included in this RFP and can be found in the Sourcewell Procurement Portal. Affidavits of Publication will be available at the conclusion of the solicitation process. For Canadian entities: This RFP is intended to include municipalities and publicly-funded academic institutions, school boards, health authorities, and social services (MASH sectors); including members of the Rural Municipalities of Alberta (RMA), and their represented Associations: Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), and Association of Manitoba Municipalities (AMM). Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 3 II. EQUIPMENT, PRODUCTS, AND SERVICES A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that Proposers offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. Sourcewell is seeking proposals for Sports Lighting with Related Supplies and Services. Sourcewell seeks solutions that include, but are not to be limited to: o Indoor and outdoor, fixed or portable, sports related lighting solutions. o Technology integration, software, design, project management, installation services, and maintenance related to and in connection with the purchase of equipment and products described above. o A complementary offering of transportation and infrastructure lighting solutions related to and in connection with the equipment and products described above. The Proposer’s primary offerings must be indoor and outdoor sports lighting equipment and products. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: 1. Electric Energy Power Generation (RFP #120617) This solicitation should NOT be construed to include “service-only” solutions. Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Sourcewell Members are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Sourcewell Members possess the ability, either in-house or through local third-party contractors, to properly install and bring to operation those equipment/products being proposed. Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 4 Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Members and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Sourcewell Members under a resulting contract. Sourcewell desires the broadest possible selection of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and potential Members. C. REQUIREMENTS It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Members. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Member as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. An extension may be offered based on the best interests of Sourcewell and its members. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $75 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 5 F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Members. The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Members, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to Proposers able to best meet the need of Members. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal. Sourcewell cannot consider information that is not provided in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Members. Awards may be based on a subcategory. 4. A Proposer’s documented negative past performance with Sourcewell or its Members occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 6 to a Member). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S., and Canadian dollars for Proposers intending to sell in Canada (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Member’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Members for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell. Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in a proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit an Exceptions to Terms, Conditions, or Specifications Form, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s response. V. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 7 to all entities that requested a copy of this RFP through the Sourcewell Procurement Portal. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the time for solicitation closing. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) Ensure the re-submitted proposal is RECEIVED through the Sourcewell Procurement Portal no later than the closing time and date shown in the Solicitation Schedule. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Only complete proposals that are timely submitted through the Sourcewell Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 8 Procurement Portal will be considered. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time. All proposals must be received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time noted in the Solicitation Schedule above. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The closing time and date is determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. All proposals must be acknowledged digitally by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for ninety (90) days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 9 G. OPENING The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Members. The award(s) will be limited to the number of offerors that Sourcewell determines is necessary to meet the needs of Sourcewell members. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Members’ use. o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Members’ anticipated needs. • Total evaluation scores. • The attributes of Proposers, and their equipment, products, or services, to assist Members achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product. B. AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 10 Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than ten (10) calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; and • Protest bond in the amount of $20,000. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; Sourcewell RFP #071619 Sports Lighting with Related Supplies and Services Page 11 • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Discuss any aspect of the proposal with any Proposer and negotiate with more than one Proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Members; and • Award a contract to one or more Proposers if it is in the best interest of Members. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell determines that negotiations are complete upon execution of the resulting contract. If the Proposer submits information in response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.37, the Proposer must: • Clearly mark all trade secret materials in its proposal at the time the proposal is submitted; • Include a statement with its proposal justifying the trade secret designation for each item; and • Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless Sourcewell, its agents and employees, from any judgments or damages awarded against Sourcewell in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives Sourcewell’s award of a contract. In submitting a proposal to this RFP, the Proposer agrees that this indemnification survives as long as the trade secret materials are in possession of Sourcewell. Sourcewell will not consider the prices submitted by the Proposer to be proprietary or trade secret materials. Financial information provided by a Proposer is not considered trade secret under the statutory definition. EXHIBIT B TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MUSCO SPORTS LIGHTING, LLC [Quote or Work Order] See following pages. Electrical Contracting | Energy Management Systems & Controls | Solar | Building Automation | Electrical & EMS Service Bid Proposal 1GPA 17-13PV-05 Electrical and Lighting Products and Services Company City of Fountain Hills Contact Kevin Snipes Date December 22, 2021 Project Fountain Hills Golden Eagle Park Sports Lighting Retrofit In response to your request, Urban Energy Solutions, LLC. is pleased to offer the bid proposal pricing, detail and clarifications in accordance with the contract documents detailed herein for the above referenced project. Scope of Work: Inclusions: 1. Furnish and install new MUSCO LED heads for 20 existing poles. New field photometrics will give 50fc in the infields and 30fc in the outfields. 2. Furnish and install (2) new MUSCO ControlLink cabinets to control fields with new LED technology. 3. Furnish and install appropriate hanging methods on poles, ie cross arms for existing MUSCO poles, and strapping for poles where heads were other than MUSCO. 4. Sales tax. Exclusions: 1. Use taxes, overtime, engineering, surveying, CADD file license fees, blueprint and reprographic costs, permits and plan check fees, cost of bid, payment and performance bonds, all allowances unless specifically noted herein, utility company costs, SWPPP, fees or consumption fees, electrical code upgrades and/or repairs to existing systems, warranty or freight claims for owner provided equipment. 2. Temporary power. Additional clarifications: 1. To the extent that Subcontractor's timely performance of work is unreasonably impacted whether by acceleration, delay or otherwise, however caused, by Contractor, Owner, or any other party for whose acts Subcontractor is not legally liable, Subcontractor shall be entitled to an equitable adjustment to its contract which may include additional compensation and/or an extension of time, including any increased costs of labor, overtime, and/or materials. 2. This proposal is based on a standard Monday through Friday, (8) hours per day, (40) hour workweek. www.UrbanEnergy Ilc .com PHOENIX 3312 E. Broadway Road · Phoenix, AZ · 85040 Office: 480.282.9501 Fax: 602.357.7403 AZROC 252925 K-11 Electrical AZROC 276050 B-1 General Contracting Electrical Contracting | Energy Management Systems & Controls | Solar | Building Automation | Electrical & EMS Service Our price for the base bid portion of this work and any proposed adjustments is as follows: Base Bid:1,232,100.00$ Contingency for conduit and wire repair 25,000.00$ Electrical Contracting | Energy Management Systems & Controls | Solar | Building Automation | Electrical & EMS Service Please note that this pricing is based strictly upon the contract documents noted above and incorporates by reference, the terms contained in this Urban Energy Solutions, LLC. Bid Proposal. We reserve the right to modify, alter or revise any pricing to reflect adjustments to the bid documents, whether provided prior to, or following, the submission of the bid proposal. Urban Energy Solutions, LLC. does not bid to ‘intent’ or ‘implied interpretations’ of others but to the actual contents of these bid and contract documents as shown on the project bid drawings. This proposal pricing has been calculated based on the cost and availability for the required labor, materials, equipment and services as of the date this bid is submitted. However, the market for these pricing components is volatile at this time and sudden price increases or lack of availability may occur at any time prior to the award of the subcontract, during the course of construction, or before completion of the project. While Urban Energy Solutions, LLC. will diligently use its best efforts to maintain the pricing quoted herein, should there be a price increase in excess of 5% the Owner/Contractor agrees to pay such cost increase to Urban Energy Solutions, LLC. as an addition to the subcontract amount. Any cost increase presented for payment by Urban Energy Solutions, LLC. shall require written notice to the Owner/Contractor detailing the increased cost breakdown and will be supported by invoices, bills of sale, or any other document which may appropriately substantiate the cost impact to Urban Energy Solutions, LLC. This proposal contains proprietary information and is considered confidential to Urban Energy Solutions, LLC. It is submitted upon the express condition that the information contained herein will not be released to competitors or otherwise used directly or indirectly in a way detrimental to the interest of Urban Energy Solutions, LLC. This proposal also supersedes any previously communicated pricing and/or clarification relating to this project. Unless otherwise extended in writing from Urban Energy Solutions, Inc., this bid shall remain in effect for thirty (30) days from the bid submission date. Urban Energy Solutions, LLC. reserves the right, upon award of contract, to mutually negotiate any and all terms, conditions and provisions of the subcontract agreement, whether or not contained or identified in this bid package, and in accordance with, but not limited to, the inclusions, exclusions and clarifications noted in this Urban Energy Solutions, Inc. Bid Proposal. We look forward to being selected as the electrical contractor for this project and to working with your project team for its successful and timely completion. If you have any questions, or need any additional information, contact us at (480) 282-9501. Sincerely, Adam Kline Urban Energy Solutions, LLC. AKline@urbanenergyllc.com ACCEPTANCE OF PROPOSAL/CONTRACT: The labor, materials, equipment and/or services to be provided for the above bid amount(s), the terms and conditions of this proposal, and any attachments hereto are satisfactory and accepted for incorporation into the subcontract agreement. Urban Energy Solutions, LLC. is authorized to proceed with the work as detailed herein. Customer Signature Print Name and Title Date of Acceptance Budget Estimate ©2017 Musco Sports Lighting, LLC Budget Estimate Four Peaks Park Fountain Hills, AZ November 22, 2021 Budget Estimate – Materials and Estimated Installation Musco’s Light-Structure System™ and Sports Cluster Retrofit™ as described below, and delivered to the job site: Playground LED Retrofit ………….…………………..….…….... $25,000 Estimated Installation Costs ………………………….…………. $20,000 - $25,000 Total Estimated Cost …………………………………………..….. $45,000 - $50,000 Playground LED New System ………….…………….….…….... $35,000 Estimated Installation Costs ………………………….…………. $40,000 - $50,000 Total Estimated Cost …………………………………………..….. $75,000 - $85,000 Pricing is valid through December 2021. Equipment Description – Musco’s Light-Structure System™ in 5 Easy Pieces™ • Pre-Cast concrete bases • Galvanized steel poles • Remote electrical component enclosures • Pole length wire harnesses • UL listed as a System Equipment Description – Musco’s Sports Cluster Retrofit™ • Remote electrical component enclosures • Pole length wire harnesses • UL listed as a System Benefits of Light-Structure System™ with Total Light Control – TLC for LED® technology • Reduction of spill light and glare by 50% or more • Reduction of energy and maintenance costs by 50% to 85% over typical 1500w HID equipment • Product assurance and warranty program that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Control-Link® system for remote on/off control and performance monitoring with 24/7 customer support Budget Estimate ©2017 Musco Sports Lighting, LLC Budget Estimate Notes Estimate is based on: • Shipment of entire project together to one location • Structural code and wind speed = 2018 IBC, 105 MPH, Importance Factor C. • Based upon projects similar in score, and is intended for preliminary planning purposes only • Budget Estimate pricing is based on materials and estimated installation costs for (1) Playground • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees • Includes supply and installation of Musco system by a licensed contractor • Standard soil conditions – rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost Thank you for considering Musco for your sports lighting needs. Please contact me with any questions. Dee Smith Sales Representative Musco Sports Lighting, LLC Phone: 480-521-8271 Email: dee.smith@musco.com Metal halide light source 301.3 kilowatts 186 luminaires Diode light source 166.9 kilowatts 151 luminaires Energy Controls How is this possible? Musco's 40 years of developing systems, light control, and application expertise puts more available lumens per watt on the field. Our services team provides all on/off operation, monitoring, and maintenance. 2896 tons** 611 cars off the road for one year Assumptions Annual operating hours 1250 Energy: Energy cost per kilowatt hour $0.13 Demand charge per kilowatt hour $0.00 Maintenance: Group relamp - cost per luminaire $266 Spot maintenance over 25 years $3,750 Controls: Labor - turning lights on & off $0.00 Lights on extra time without controls 15% © 2017 Musco Sports Lighting, LLC - M-2264-enUS-3 $1,970,186 Maintenance (3) Softball Fields & (1) Baseball Field 50/30FC 184468 25-Year Cost of Ownership Comparison Musco LED ** Equivalent to taking Golden Eagle Park Relight Prepared For: January 11, 2022 25-Year Ownership Savings CO2 reduction Existing 1500 Watt TLC for LED™ Kevin Snipes For your budget . . . for the environment $678,194 $1,224,113 $1,240,650 $183,617 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Maintenance included Controls included ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit to allow residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro Blvd. and Kingstree Blvd.   Staff Summary (Background) Per Chapter 2 of the Zoning Ordinance,    "A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated." The subject Special Use Permit was approved on September 21, 2021. A 6-month extension to the SUP was granted on March 15, 2022, following receipt of the applicant’s written request to Town Council. On September 7, 2022, the applicant provided a written request for another 6-month extension to the special use permit, which expires on September 21, 2022. This agenda item is to review the request from the applicant for a second extension. The 25,350-sq. ft. subject property, located at the northwest corner of Saguaro and Kingstree Blvd., is vacant and zoned C-C (Community Commercial). The allowable uses in this zoning district are identical to the C-1 (Neighborhood Commercial and Professional) zoning district, but allows for common parking areas rather than parking on individual lots.The property at this corner is part of Plat 202, which was platted in 1972 for this type of development. Currently, this block of Plat 202 houses a church, martial arts studio, dance studio, offices, and a restaurant. There are also several condominiums east of the alley, behind the commercial parcels. The common parking area contains 174 stalls, including 9 ADA-compliant stalls.  The applicant is proposing a small mixed-use development. The purpose of the special use permit request is to allow the residential component of the development in a commercial zoning district, as required by the zoning ordinance. The project will consist of three, two-story buildings. The largest building will be to the east, facing Saguaro Blvd. This building will feature a variety of office suites on the first floor, including a break room and conference room. The upper floor will consist of four residential units. Buildings A and B to the west will feature as many as eight live/work units. The applicant envisions uses such as cafés, art studios, beauty salons, and professional services on the ground floor, with a residential upper floor for each business. There will be a central courtyard with landscaping and outdoor seating. The applicant has provided color renderings and building elevations to show facade treatment, wall articulation, varied roof lines, and other modern architectural elements. Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods. One of the items listed is having a variety of housing types. This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area. Section III of the General Plan includes the information on the Character Areas in the Town. This small commercial area at Saguaro and Kingstree Blvd. was included as part of the surrounding Neighborhood character type. More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses. This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use would be consistent with the intent of the Plan for this area. The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a Special Use Permit (SUP). Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP. With regards to the possible actions and findings of the Planning and Zoning Commission, Section 2.02 D. 5. of the Zoning Ordinance states:    5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still the desire of the Town to have this be a successful commercial center.  For the Commission to recommend approval, they needed to determine if the introduction of residential uses to this area of Plat 202 would be detrimental to the desired commercial activity and whether the residential use would be detrimental to the public health, safety, peace, or comfort of the neighborhood. A review of this property shows that over its almost 50-year history it has not fully developed and has been considerably underutilized.  The applicant for this case will provide activity on the ground level by opening his office and will provide constant activity for the development by virtue of also residing on the property. The introduction of live/work units as well as four, stand-alone residential units at this location would not be detrimental to the neighborhood and could likely benefit the area by having this development more actively used. Furthermore, the existing condominiums to the west of the alley help development more actively used. Furthermore, the existing condominiums to the west of the alley help provide a good transition between the mixed-use nature of this development and the single-family residential properties even further to the west.  Should Town Council approve the Special Use Permit, staff will continue to work with the applicant on details related to the site plan, grading and drainage plan, and required landscaping before filing for a building permit. Planning and Zoning Commission Discussion At the Planning and Zoning Commission meeting on August 9, there was significant concern shared by some Commissioners regarding the adequacy of the common parking area for this development; that there may not be sufficient parking in the established parking lot for all the development which could occur within this development. The Commissioners were concerned that the proposed development would result in a demand for more parking than is available as the site continues to build out. Since the meeting, staff has further reviewed the existing development and considered the possible impacts of the proposed SUP on the development. The approved entitlements for this property allow the site to be developed with two-story commercial uses covering each lot. It was determined at the time of the initial platting and zoning that the parking provided would be sufficient for the amount of development that would occur. The development which has taken place to date is less than the maximum entitlement on several of the lots. Staff is not aware that there has ever been a parking issue with the existing development and statements at the Planning and Zoning hearing supports this condition. The specific request is to allow the second story of the proposed buildings to be used as residences. There is a total of 10,800 square feet of second-story building space being proposed in the conceptual site plan. If the second floor area were to be used as offices, staff would project a need for 44 parking spaces based on our ordinance requirements (more parking would be required for medical office uses). If the second floor is built out with the maximum number of requested residential units and all were two-bedroom or larger units, 27 parking spaces would be required. Therefore, approval of the request SUP should have the impact of reducing the overall parking demand rather than increase it.   Several members of the public also spoke at the P&Z Commission hearing, speaking both for and against the SUP. Opponents were generally concerned about traffic impacts, project scale, and potential view obstructions. (It should be noted that the ground elevation for the Saguaro Ridge Villas is approximately 16' above the property in question.)  The attached letter of opposition was also provided by the Saguaro Ridge Villas Association, which is located west of the site. Supporters spoke about the need for more businesses at the Town, and the potential for this to be a successful development. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis If the request for an extension is approved, the applicant is granted an additional six months to submit If the request for an extension is approved, the applicant is granted an additional six months to submit for a building permit.   Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit." Recommendation(s) by Board(s) or Commission(s) At their regular meeting on August 9, 2021, the Planning and Zoning Commission recommended denial of the special use permit with a 4-2 vote, citing the aforementioned concerns regarding parking in relation to project scale. At the September 21, 2022 ,Town Council meeting, Council voted unanimously (7-0) to approve the Special Use Permit as presented. At the March 15, 2022, Town Council meeting, Council voted unanimously (7-0) to approved the request for a 6-month extension to the Special Use permit as presented on the consent agenda.  Staff Recommendation(s) The applicant has submitted the formal site plan for staff review.  Staff has provided comments back to the applicant and is waiting on the next re-submittal.  Addressing the concerns regarding the parking is still an outstanding issue.  Allowing a residential use as a component of this development still appears to be an appropriate use for this property. Staff recommends approval of the second six-month extension request of this Special Use Permit for a maximum of 12 dwelling units. SUGGESTED MOTION MOVE to approve the request for a six-month extension to the Special Use Permit to allow a maximum of 12 dwelling units at 17134 E. Kingstree Blvd. Attachments Second extension request  Case Map  Aerial Photo  Narrative  Site Drawings  Letter of Opposition  Form Review Inbox Reviewed By Date Development Services Director John Wesley 09/20/2022 12:07 PM Form Started By: Farhad Tavassoli Started On: 09/19/2022 05:29 PM Final Approval Date: 09/20/2022  KAUFFMAN HOMES K-Group Southwest Contracting, LLC K-Group Contracting, LLC 16810 Ave of the Fountains Ste #106 Fountain Hills, AZ 85268 (480) 816-6155 September 7, 2022 Farhad, We would like to request an extension for our FH Urban District project. We have been diligently working on completing all items needed to get this project off the ground. We are committed to getting this project complete and have spent over $100,000 on getting plans completed and approved. Currently we are in the 2nd review process with the town. We submitted docs originally on May 18 with comments back on June 28 with resubmittal of redlines from those comments on August 23. Thank you for the consideration of the extension. I am excited to get this project started and built out. Dan Kauffman CASE: SU2021-03 SITE / ADDRESS: 17134 E. Kingstree Blvd. APN #176-08-411A REQUEST: SPECIAL USE PERMIT to allow residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro Blvd. and Kingstree Blvd. Site Location Subject Property Vicinity Map ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: David Janover, Town Engineer Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-40 approving an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County (FCDMC) for design and construction of drainage improvements at the Grande Boulevard/Rosita Drive Drainage Channel. Staff Summary (Background) Staff continuously seek opportunities for grant funding from county, state and federal sources, for improvements to our infrastructure, helping us to improve public health, safety and welfare, and to improve the quality of life for our residents. At the Council meeting held May 17, 2022, Town staff presented two (2) potential drainage projects as the subjects for possible grant funding, and Council approved the staff's request to apply for grant funding.  This item represents one of those projects. PROJECT OVERVIEW/DESCRIPTION During the 2021 storm season, which saw unprecedented storms on July 15 and August 13, the Town experienced major flooding at Grande Boulevard. As a result of the 2+ inches of rain on August 13, floodwaters entered the driveway, yard and garage at 17306 E Grande Boulevard, causing property damage.  Over the years, this property has been flooded several times. (see Vicinity Map).  There is a drainage easement adjacent to this residence, which contains a drainage channel that runs between Grande Boulevard and Rosita Court.  Four (4) residences border this channel, including the residence noted above.  The purpose of this channel is to allow storm water to flow from Grande Boulevard northward to Rosita Drive.  Once the water reaches the end of the channel, it continues to flow along Rosita Drive to existing storm water infrastructure.   Over the years, the condition of the channel has deteriorated due to sedimentation from storm events, repeated Sanitary District access to a manhole within the channel, and a lack of routine maintenance.   In addition to the deterioration of the cross section of the channel, the inlet and outlet curb cuts/aprons have deteriorated.   It should be noted that current easement language states that it is the adjacent homeowners' responsibility to maintain the subject channel. Following the May 17, 2022 Council meeting, staff applied to the Flood Control District of Maricopa County (FCDMC) for funding through their Small Project Assistance Program (SPAP), for drainage improvements to the Grande Boulevard/Rosita Drive Drainge Channel.  After a review of our application, which contained photographic evidence of flooding, a narrative of the flooding issues and a potential solution to address the drainage issues, the Town was awarded grant funding towards the design and construction of said improvements. The Town's suggested solution to the Grande Boulevard/Rosita Drive flooding, is to resize and regrade both the inlet and outlet curb openings, as well as redesign the existing drainage channel itself.  The channel slope would be regraded, the width would be widened, the channel would be deepened and the channel's surface would be fortified, all to increase the capacity and efficiency of the drainage channel. A safety rail-fence is planned along the top banks of the channel, within the easement boundary. The preliminary estimate of cost for design and construction is $290,000.  The Flood Control District's share amounts to $217,500 (75%), with the Town's match being $72,500 (25%).  If the actual project cost exceeds the Flood Control District's grant allocation, the grant amount will increase as appropriate, while maintaining the 75% / 25% contribution match. A summary of the FCDMC Grant and Town share for this project is summarized below: DESIGN: FCDMC Funds @ 75%                $30,000 Town's match @ 25%                  $10,000 Subtotal - Design                        $40,000 CONSTRUCTION: FCDMC Funds @ 75%                $187,500 Town's match @ 25%                  $62,500 Subtotal - Construction                $250,000 Estimated TOTAL Project Cost    $290,000 Total Estimated Town Funds        $217,500 Total FCDMC Grant Funds          $72,500 Related Ordinance, Policy or Guiding Principle Public Works Mission Statement   Risk Analysis Risk Analysis Failure to approve the Resolution could result in additional property damage, and will have a negative impact on the Town's ability to receive future grant funding from the FCDMC. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2022-40. SUGGESTED MOTION MOVE to adopt Resolution 2022-40 and authorize capital project D6062 Fiscal Impact Fiscal Impact:$72,500 Budget Reference:N/A Funding Source:ENVAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Vicinity Map  Resolution 2022-40  IGA - Rosita and Grande Channel - SPAP  SPAP Grant Application  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 09/20/2022 04:19 PM Finance Director David Pock 09/20/2022 04:33 PM Town Attorney Aaron D. Arnson 09/20/2022 04:46 PM Town Manager Grady E. Miller 09/20/2022 05:07 PM Form Started By: David Janover Started On: 08/30/2022 01:24 PM Final Approval Date: 09/20/2022  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SAG U A R O B L V D McDOWELL M O U N T A I N R D FOUNTA I N H I L L S B L V D SUNR I D G E D R EL LA G O B L V D AVEN U E O F T H E FOUN T A I N S PAN O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL PUBLIC WORKS DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE Grande Blvd & Rosita Dr Map Date: 5/4/2022 RESOLUTION NO. 2022-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, RELATING TO THE DESIGN, RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE GRANDE BLVD. AND ROSITA DRIVE DRAINAGE IMPROVEMENTS PROJECT. RECITALS: WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated October_____, 2022 (the “Agreement”) with the Flood Control District of Maricopa County, for the distribution of funds and articulation of roles and responsibilities for the project. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: ENACTMENTS: SECTION 1. The recital above is hereby incorporated as if fully set forth herein. SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the "Town"), empowered by A.R.S. § 9-240(B) and A.R.S. §11-952, as amended, and the Flood Control District of Maricopa County (“District”), empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, relating the distribution of a portion of funds is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference SECTION 3. The Town hereby authorizes the acceptance of funds. SECTION 4. 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, _______, 2022. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor ATTESTED TO: Linda Mendenhall, Town Clerk REVIEWED BY: Grady E. Miller, Town Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney EXHIBIT A TO RESOLUTION NO. 2022-40 (Intergovernmental Agreement) See following pages. IGA FCD 2022A013 PCN 699.23.35 PAGE 1 OF 8 Intergovernmental Agreement for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Grande Blvd. and Rosita Drive Drainage Improvements between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2022A013 Agenda Item _____________________ This Intergovernmental Agreement (this “Agreement”) is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the “DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the “TOWN”). The Town and the District are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. § 9-240(B) and A.R.S. §11-952, as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On July 31, 2019 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2009R003C (C-69-09-062-6-03) authorizing the DISTRICT to cost-share in projects recommended under the DISTRICT’s Small Project Assistance Program. 4. Under the DISTRICT’s Small Project Assistance Program for Fiscal Year 2023, the TOWN proposed the Grande Blvd. and Rosita Drive Drainage Improvements (the “PROJECT”) to provide the following benefits: IGA FCD 2022A013 PCN 699.23.35 PAGE 2 OF 8 4.1 Reduce the flood hazard to a property that has experienced historic flooding. 5. The PROJECT has been recommended by DISTRICT staff for the Fiscal Year 2023 program. PURPOSE OF THE AGREEMENT 6. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT and the TOWN for the design, rights-of-way acquisition, utility relocations, construction, construction management, and operation and maintenance of the PROJECT. TERMS OF AGREEMENT 7. The PROJECT shall mean the features required to accomplish the benefits enumerated in paragraph 4 of this Agreement. Features of the PROJECT, as envisioned at the time of this Agreement, are represented in Exhibit A but are subject to change without amendment to this Agreement. 8. PROJECT DESIGN AND CONSTRUCTION COST shall mean the actual amount of money required to complete the flood control features of the PROJECT that are completed and invoiced by the TOWN to the DISTRICT between July 1, 2022 and June 30, 2024. 8.1 The following costs are expressly excluded from the PROJECT DESIGN AND CONSTRUCTION COST shared under this Agreement: 8.1.1 Costs associated with rights-of-way acquisition, permitting, construction management (including materials testing and survey work), operations and maintenance. 8.1.2 Costs associated with multi-use, landscaping or aesthetic features. 8.1.3 Costs associated with utility conflicts and utility relocations. 8.2 The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $290,000, but is subject to change without amendment to this Agreement. 9. The DISTRICT shall: 9.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2022 and June 30, 2024, with the funding from the DISTRICT limited to a maximum of $500,000 in accordance with the DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated funding share is $217,500. DISTRICT funds will be from the DISTRICT’s secondary tax levy revenues and DISTRICT funding shall be contingent upon the availability of DISTRICT Capital Improvement Program Budget funding. This term shall not be amended. 9.2 Reimburse the TOWN per the terms of this Agreement within thirty (30) days of receipt of an invoice from the TOWN for its share of the PROJECT DESIGN AND CONSTRUCTION COST. IGA FCD 2022A013 PCN 699.23.35 PAGE 3 OF 8 9.3 Participate in a final inspection of the completed PROJECT with the TOWN. 10. The TOWN shall: 10.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COSTS not reimbursed by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND CONSTRUCTION COST share $72,500 and TOWN will fully fund all PROJECT costs for any work completed and invoiced before July 1, 2022 or after June 30, 2024. 10.2 Fully and solely pay any payment required that does not fall within the definition of PROJECT DESIGN OR CONSTRUCTION COST. 10.3 Serve as the lead agency for all aspects of PROJECT implementation. 10.4 Invoice the DISTRICT as follows: 10.4.1 Within thirty (30) days of award of a PROJECT construction contract for one-half (1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COSTS. 10.4.2 Within thirty (30) days of completion of construction of the PROJECT, but no later than June 30, 2024, prepare a final accounting including change order costs not previously paid, and invoice the DISTRICT for the remainder of its share of the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10.5 Reimburse the DISTRICT for any previous over-payments. 10.6 Design the PROJECT, provide PROJECT plans and specifications to the DISTRICT (including interim submittals as appropriate) for review and comment. The DISTRICT shall provide, within three (3) weeks of receipt of the plans and specifications from the TOWN, comments on the plans and specifications, if any. The TOWN shall incorporate the comments provided by the DISTRICT into the PROJECT as appropriate. 10.7 Coordinate and staff any necessary public involvement activities related to the PROJECT. 10.8 Obtain all permits required for the PROJECT. 10.9 Obtain rights-of-way required for the PROJECT. 10.10 Relocate conflicting utilities. 10.11 Construct the PROJECT, provide construction management (including materials testing and survey work), and provide any proposed construction change orders to the DISTRICT for concurrence. 10.12 Coordinate a final inspection of the completed PROJECT with the DISTRICT. 10.13 Own the completed PROJECT and be responsible for operation and maintenance of the completed PROJECT. The maintenance activities to be performed include, but are not limited to, maintaining the flood control function of the PROJECT, including sediment and vegetation removal and any and all aesthetic, park, and public use features, maintenance of landscaping, irrigation, multi-use trails and berms, removal of trash and debris, electricity and other operation costs for the facilities, vandalism repair and IGA FCD 2022A013 PCN 699.23.35 PAGE 4 OF 8 replacement, and structural repair and replacement of the flood control structures. The TOWN may delegate this responsibility to a third party but will remain ultimately accountable to the DISTRICT under this Agreement. 10.14 On an annual basis, commencing on the first anniversary date of the completion and acceptance of the project, provide written notification to the DISTRICT that the project has been properly maintained by the Town of Fountain Hills over the past year in accordance with the project design intent and to ensure proper hydraulic function. 10.15 Require that any contractor selected for the PROJECT: 10.15.1 Warrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A.R.S. § 23-214(A); 10.15.2 Agree that a breach of the warranty under paragraph 10.15.1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract; 10.15.3 Agree that the DISTRICT retains the legal right to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 10.15.1; 11. Any local permits required for the PROJECT that are issued by either PROJECT PARTNER shall be issued at no cost to the PROJECT. 12. Either PROJECT PARTNER may, with mutual written agreement of all PROJECT PARTNERS, delegate responsibilities to another party. Any delegation, however, shall not relieve the delegating PROJECT PARTNER of its original responsibilities as defined herein. 13. Each PROJECT PARTNER certifies that it has disclosed to the other PROJECT PARTNER any known ongoing or anticipated litigation (to which it is a party) related to the PROJECT or PROJECT-affiliated flooding hazards, and shall continue to make such disclosures through the duration of this Agreement. 14. In the case of any dispute over any items in this Agreement, the PROJECT PARTNERS agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the PROJECT PARTNERS to seek any remedies provided by law. 15. Each PROJECT PARTNER shall take reasonable and necessary actions within its authority to ensure that only storm water is discharged into the PROJECT, and that such discharges into the PROJECT comply at the point of discharge with any applicable requirements of the U.S. Environmental Protection Agency, Clean Water Act, Arizona Pollutant Discharge Elimination System or any other applicable discharge requirements, including any permit requirements. 16. The PROJECT PARTNERS agree to equally share the cost of a PROJECT compliance and cost audit to be initiated within sixty (60) days of PROJECT completion, if requested by either PROJECT PARTNER. An independent auditing firm on contract to the DISTRICT and agreeable to the PROJECT PARTNERS will perform the audit. Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within 45 days of acceptance by all PROJECT PARTNERS of the audit report. IGA FCD 2022A013 PCN 699.23.35 PAGE 5 OF 8 17. Each PROJECT PARTNER (indemnitor) shall, to the extent permissible by law, indemnify, defend and save harmless the others (indemnitees) including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of indemnitor’s negligent or wrongful acts or omissions pursuant to this Agreement. The TOWN shall further, to the extent permissible by law, indemnify, defend and save harmless the DISTRICT including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of recreational use of the PROJECT in the event that it elects to invite such use (with or without DISTRICT concurrence). Such indemnification obligations shall encompass any personal injury, death or property damages resulting from the indemnitor’s negligent or wrongful acts or omissions, as well as reasonable attorney fees, court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. 18. Each PROJECT PARTNER 18.1 Shall comply with A.R.S. §§ 41-4401 and 23-214(A). Failure by either PROJECT PARTNER to comply with A.R.S. §§ 41-4401 and 23-214(A) shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement. 18.2 Retains the legal right to inspect the records of the other PROJECT PARTNER’s and any contractors’ or subcontractors’ employees performing work under this Agreement to verify compliance with A.R.S. §§ 41-4401 and 23-214(A). 19. All notices or demands upon any PROJECT PARTNER shall be in writing and shall be delivered in person, by express delivery service for which a receipt is obtained or sent by mail addressed as follows: Flood Control District of Maricopa County Town of Fountain Hills Director Town Engineer 2801 West Durango Street 16705 E. Ave. of the Fountains Phoenix, Arizona 85009-6399 Fountain Hills, AZ 85268 20. This Agreement shall expire either (a) two years from the date of execution by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 21. This Agreement is subject to the provisions of A.R.S. § 38-511. 22. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 23. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. IGA FCD 2022A013 PCN 699.23.35 PAGE 6 OF 8 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Michael A. Fulton Date Director Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Intergovernmental Agreement FCD 2022A013 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. General Counsel Date IGA FCD 2022A013 PCN 699.23.35 PAGE 7 OF 8 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted By: Ginny Dickey, Mayor Date Attest: By: Linda Mendenhall, Town Clerk Date The foregoing Intergovernmental Agreement FCD 2022A013 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. Aaron D. Arnson, Town Attorney Date IGA FCD 2022A013 PCN 699.23.35 PAGE 8 OF 8 Exhibit A: Grande Blvd. and Rosita Drive Drainage Improvements Not to Scale 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100 - Fax (480) 837-3145 June 30, 2022 Grande Blvd. and Rosita Dr. Drainage Improvements Application for Maricopa County Flood Control District “Small Project Assistance Program” Submittal to: Capital Improvement Program Supervisor Via E-mail to: Kim.Belt@Maricopa.Gov (Return Receipt Requested) Town of FOUNTAIN HILLS, AZ. Department of Public Works 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 2 June 30, 2022 Contact Information: Applicant Name: Town of Fountain Hills, Arizona Address: 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Contact: David Janover, PE, F.NSPE, CFM Town Engineer Telephone #: 480-816-5112 E-mail Address: djanover@fountainhillsaz.gov Introduction: The Town of Fountain Hills is submitting this application for consideration of Small Project Assistance Program funding for design and construction of drainage improvements between Grande Blvd. and Rosita Dr. The narrative below provides background, supporting documentation, and a description of the proposed improvements for which the Town would request grant assistance. Project Background: The proposed project pertains to a single family residential neighborhood east of the intersection of Saguaro Blvd. and Grande Blvd. (refer to Appendix A for Project Location). The focus of this project application is related to the drainage issues experienced along a drainage channel between Grande Blvd. and Rosita Dr., specifically the residence located at 17306 E. Grande Blvd. (APN 176-03-012). A 20’ Drainage Easement/Public Utility Easement contains a drainage channel that connects Grande Blvd. and Rosita Dr. Four residences border this channel/easement (17315 E. Rosita Dr., 17323 E. Rosita Dr., 17240 E. Grande Blvd. and 17306 E. Grande Blvd.). Upon original design, the channel was constructed to route the southerly stormwater from Grande Blvd. northward to Rosita, which would in turn continue north along Rosita to existing stormwater infrastructure. Both the inlet and outlet curb openings along Grande Blvd. and Rosita Dr., respectively, were constructed to adequately handle the design volumes. Furthermore, the channel itself was graded at such a cross section and longitudinal slope that the design storm flows were routed to the north without negatively effecting any of the adjacent residents’ homes. Based on the easement language, it is the adjacent property owners’ responsibility to maintain the condition of the drainage channel located within the easement. Over the years the condition of the channel has deteriorated. Due to sedimentation from storms, Sanitary District access and lack of routine maintenance, both the depth and width of the stormwater channel are no longer that of the designed condition. While the channel itself 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 3 June 30, 2022 has degraded over time, the width and condition of both the inlet and outlet curb cuts/aprons have deteriorated as well. Structure Flooding: The home located at 17306 E. Grande Blvd. (APN 176-03-012) is owned by Mr. and Mrs. Anderson. The Andersons have lived in the residence since 2000. For the past 20 years, the Andersons have submitted multiple flooding complaints to the Town during various storm events. Following a storm event the evening of August 13th, 2021 the homeowners called in a complaint and submitted photos documenting the flooding of their driveway, yard and garage. Grande Blvd. was flooded along their street frontage, and upon any instance that a vehicle traveled past the property the flooding would surge up into their garage and front door. As evident in the photos included as Appendix B, the flooding in the residents’ yard was substantial. Appendix C includes an email from the Andersons to Town staff expressing their concerns and history of flooding at their home. Appendix C also contains several letters from Town Council and Management in support of the project. Per Maricopa County FCD ALERT Data, the historical rainfall data collected on August 13, 2021 was a 24-hour event of 2.09 inches. Comparing this with NOAA Atlas 14 information, this indicates a 5-year storm event. Appendix E contains both the Small Project Assistance Program Scoring Matrix as well as supplemental rainfall data for the aforementioned event. Mitigation/Solution: The Town of Fountain Hills’ proposed solution to the Grande Blvd./Rosita Dr. flooding is not dissimilar to the original design concept. As illustrated in Appendix D, the improvements would include the resizing and regrading of both the curb opening inlet and outlet, as well as redesign of the existing drainage channel itself. This would include the regrading of the slope, both the cross section slope as well as longitudinal, including widening and some form of surface fortification. The Town plans to hire an Engineering Consultant to perform a localized drainage analysis as well as generate construction documents which would include grading, drainage and storm drain design as needed. Appendices: A – Project Location B – Site Photos C – Homeowner Complaints/Letters of Support D – Proposed Solution Exhibit E – Scoring Matrix and Supplemental Data 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100 - Fax (480) 837-3145 Appendix A – Project Location 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 5 June 30, 2022 Appendix B – Site Photos 17240 E. Grande Blvd (Left) and 17306 E. Grande Blvd. (Right) Existing Channel Between the Two Homes 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 6 June 30, 2022 17323 E. Rosita Dr. (Left) and 17315 E. Rosita Dr. (Right) Existing Channel Between the Two Homes 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 7 June 30, 2022 Photo taken from the front door of 17306 E. Grande Blvd. looking south onto Grande Blvd. on August 13, 2021 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 8 June 30, 2022 Photo taken from the front door of 17306 E. Grande Blvd. looking south onto Grande Blvd. on August 13, 2021 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 9 June 30, 2022 Appendix C – Homeowner Complaints/Letters of Support -----Original Message----- From: Suezq <azsuezqz@aol.com> To: jweldy@fountainhillsaz.gov <jweldy@fountainhillsaz.gov> Cc: captdon@gmail.com <captdon@gmail.com> Sent: Mon, Jun 20, 2022 2:30 pm Subject: Flooding on Grande Blvd Gentlemen, We are writing to you regarding our property at 17306 E Grande Blvd and the flooding we have endured for the last 20 years. Our home sits at the very lowest point on Grande. The easement attached to our property is the only source of drainage for the entire block from Del Cambre going east, El Pueblo flowing west and from Arroweed Drive flowing north downhill. The only place for all of the rainwater to go is through our easement which has been unable to effectively carry the water to Rosita and then into the Ashbrook wash. Subsequently, the water pools in front of our home and flooding occurs. We have seen the water in front of our home 8 -12 inches deep. When cars driving west hit the standing water, the spray has been as high as 40 ft in the air. Then like a tidal wave, all of water is pushed onto our property bringing all of the debris on the street (rocks, twigs, cigarette butts) with it. A thick black line of all of that debris lays across our landscaped front yard. Then there's the mud. So deep in front of our house and driveway that the town has to send someone with a front loader to clean it up. We then spend the next couple of days cleaning up our property hoping that it won't rain again so we don't have to repeat the process. We have had rainwater up to our front door, 12 feet into our garage, our driveway, portions of our front yard and paved side yard completely disappear underwater. Something needs to be done to ensure that our property and those of our neighbors will not have to endure any more flooding. Fifteen years is long enough. The four properties attached to that easement should not be responsible for all of the rainwater flowing through it. We are asking you to please secure the Project Assistance grant from Maricopa County Flood Control District. We believe that not only is it necessary but also that this will be the most efficient way to deal with this issue. Thank you, Don and Susan Anderson 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 10 June 30, 2022 Appendix D – Proposed Solution Exhibit 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 11 June 30, 2022 Appendix E – Scoring Matrix and Supplemental Data 5 Attachment A: Scoring Matrix FCD of Maricopa County ALERT System G040: Rain Gage Group 40 Gage ID 76200 76300 76500 76700 76900 77000 77100 77300 Daily precipitation values in inches 08/31/21 0.63 0.75 0.67 0.24 0.47 0.39 0.51 0.28 08/30/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/29/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/28/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/27/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/26/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/25/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/24/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/23/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/22/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/21/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/20/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/19/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/18/21 0.67 0.51 3.94 0.51 1.61 3.62 1.26 0.43 08/17/21 0.00 0.08 0.00 0.00 0.00 0.04 0.00 0.00 08/16/21 0.12 0.63 0.00 0.63 0.00 0.00 0.00 0.75 08/15/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/14/21 0.39 0.24 0.08 0.35 0.24 0.04 0.16 0.39 08/13/21 1.30 1.06 0.00 2.09 0.31 0.00 0.16 2.09 08/12/21 0.91 1.57 0.87 0.08 1.46 0.43 0.98 0.12 08/11/21 0.16 0.04 0.28 1.34 0.67 0.20 0.39 1.93 08/10/21 0.04 0.00 0.00 0.04 0.00 0.00 0.00 0.04 08/09/21 0.00 0.04 0.00 0.00 0.00 0.00 0.00 0.00 08/08/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/07/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/06/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/05/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/04/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/03/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/02/21 0.00 0.00 0.04 0.00 0.00 0.00 0.00 0.00 08/01/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: 4.21 4.92 5.87 5.28 4.76 4.72 3.46 6.02 ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-41 approving an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County (FCDMC) for design and construction of drainage improvements at Deuce Court. Staff Summary (Background) Staff continuously seek opportunities for grant funding from county, state and federal sources, for improvements to our infrastructure, helping us to improve public health, safety and welfare, and to improve the quality of life for our residents. At the Council meeting held May 17, 2022, Town staff presented two (2) potential drainage projects as the subjects for possible grant funding, and Council approved the staff's request to apply for grant funding.  This item represents one of those projects. PROJECT OVERVIEW/DESCRIPTION During the 2021 storm season, which saw unprecedented storms on July 15 and August 13, the Town experienced major flooding at Deuce Court. As a result of the 2+ inches of rain on August 13, floodwaters entered the driveway, yard and garage at 16863 E Deuce Ct, causing property damage.  Over the years, this property has been flooded several times. Deuce Court is located in a single family residential neighborhood (known as Courtside Villas), located east of the intersection of Fountain Hills Boulevard and Saguaro Boulevard.  Deuce Court is a cul-de-sac off of La Costa Drive (see vicinity map). The stormwater infrastructure that was initially installed when the development was constructed did not match the approved construction plans at the time.  The catch basin was misplaced (not placed at the low point on Deuce Court).  In addition, the storm drain was undersized and the existing catch basin has an extremely shallow sump depth.  It is believed that these factors are all contributing to the historical flooding issues experienced on Deuce Court. Following the May 17, 2022 Council meeting, staff applied to the Flood Control District of Maricopa County (FCDMC) for funding through their Small Project Assistance Program (SPAP), for drainage improvements at Deuce Court.  After a review of our application, which contained photographic evidence of flooding, a narrative of the flooding issues and a potential solution to address the drainage issues, the Town was awarded grant funding towards the design and construction of said improvements. The Town's suggested solution to the Deuce Court flooding, is to install a catch basin in the proper location on Deuce Court, with storm drain piping of adequate diameter, depth and slope connecting to the existing catch basin location, replacing the existing catch basin and also installing another storm pipe continuing downstream through an existing drainage easement, to an existing drainage retention area (referred to as Parcel F).  Once the drainage improvements are installed, the stormwater will be able to drain more efficiently from Deuce Court. The preliminary estimate of cost for design and construction is $95,000.  The Flood Control District's share amounts to $71,250 (75%), with the Town's match being $23,750 (25%).  If the actual project cost exceeds the Flood Control District's grant allocation, the grant amount will increase as appropriate, while maintaining the 75% / 25% contribution match. A summary of the FCDMC Grant and Town share for this project is summarized below: DESIGN: FCDMC Funds @ 75%                $11,250 Town's match @ 25%                  $ 3,750 Subtotal - Design                        $15,000 CONSTRUCTION: FCDMC Funds @ 75%                $60,000 Town's match @ 25%                  $20,000 Subtotal - Construction                $80,000 Estimated TOTAL Project Cost    $95,000 Total Estimated Town Funds        $23,750 Total FCDMC Grant Funds          $71,250   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Failure to approve the Resolution could result in additional property damage, and will have a negative impact on the Town's ability to receive future grant funding from the FCDMC.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2022-41. SUGGESTED MOTION MOVE to adopt Resolution 2022-41 and authorize capital project D6063. Fiscal Impact Fiscal Impact:$23,750 Budget Reference:N/A Funding Source:ENVAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Vicinity Map  IGA - Deuce Ct SPAP  Resolution 2022-41  SPAP Grant Application  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 09/20/2022 04:19 PM Finance Director David Pock 09/20/2022 04:34 PM Town Attorney Aaron D. Arnson 09/20/2022 04:45 PM Town Manager Grady E. Miller 09/20/2022 05:09 PM Form Started By: David Janover Started On: 08/30/2022 10:39 AM Final Approval Date: 09/20/2022  IGA FCD 2022A014 PCN 699.23.36 PAGE 1 OF 8 Intergovernmental Agreement for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Courtside Villa-Deuce Ct. and Parcel F: Drainage Improvements between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2022A014 Agenda Item _____________________ This Intergovernmental Agreement (this “Agreement”) is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the “DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the “TOWN”). The Town and the District are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. § 9-240(B) and A.R.S. §11-952, as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On July 31, 2019 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2009R003C (C-69-09-062-6-03) authorizing the DISTRICT to cost-share in projects recommended under the DISTRICT’s Small Project Assistance Program. 4. Under the DISTRICT’s Small Project Assistance Program for Fiscal Year 2023, the TOWN proposed the Courtside Villa-Deuce Ct. and Parcel F: Drainage Improvements (the “PROJECT”) to provide the following benefits: IGA FCD 2022A014 PCN 699.23.36 PAGE 2 OF 8 4.1 Reduce the flood hazard to a property that has experienced historic flooding. 5. The PROJECT has been recommended by DISTRICT staff for the Fiscal Year 2023 program. PURPOSE OF THE AGREEMENT 6. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT and the TOWN for the design, rights-of-way acquisition, utility relocations, construction, construction management, and operation and maintenance of the PROJECT. TERMS OF AGREEMENT 7. The PROJECT shall mean the features required to accomplish the benefits enumerated in paragraph 4 of this Agreement. Features of the PROJECT, as envisioned at the time of this Agreement, are represented in Exhibit A but are subject to change without amendment to this Agreement. 8. PROJECT DESIGN AND CONSTRUCTION COST shall mean the actual amount of money required to complete the flood control features of the PROJECT that are completed and invoiced by the TOWN to the DISTRICT between July 1, 2022 and June 30, 2024. 8.1 The following costs are expressly excluded from the PROJECT DESIGN AND CONSTRUCTION COST shared under this Agreement: 8.1.1 Costs associated with rights-of-way acquisition, permitting, construction management (including materials testing and survey work), operations and maintenance. 8.1.2 Costs associated with multi-use, landscaping or aesthetic features. 8.1.3 Costs associated with utility conflicts and utility relocations. 8.2 The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $95,000, but is subject to change without amendment to this Agreement. 9. The DISTRICT shall: 9.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2022 and June 30, 2024, with the funding from the DISTRICT limited to a maximum of $500,000 in accordance with the DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated funding share is $71,250. DISTRICT funds will be from the DISTRICT’s secondary tax levy revenues and DISTRICT funding shall be contingent upon the availability of DISTRICT Capital Improvement Program Budget funding. This term shall not be amended. 9.2 Reimburse the TOWN per the terms of this Agreement within thirty (30) days of receipt of an invoice from the TOWN for its share of the PROJECT DESIGN AND CONSTRUCTION COST. IGA FCD 2022A014 PCN 699.23.36 PAGE 3 OF 8 9.3 Participate in a final inspection of the completed PROJECT with the TOWN. 10. The TOWN shall: 10.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COSTS not reimbursed by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND CONSTRUCTION COST share $23,750 and TOWN will fully fund all PROJECT costs for any work completed and invoiced before July 1, 2022 or after June 30, 2024. 10.2 Fully and solely pay any payment required that does not fall within the definition of PROJECT DESIGN OR CONSTRUCTION COST. 10.3 Serve as the lead agency for all aspects of PROJECT implementation. 10.4 Invoice the DISTRICT as follows: 10.4.1 Within thirty (30) days of award of a PROJECT construction contract for one-half (1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COSTS. 10.4.2 Within thirty (30) days of completion of construction of the PROJECT, but no later than June 30, 2024, prepare a final accounting including change order costs not previously paid, and invoice the DISTRICT for the remainder of its share of the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10.5 Reimburse the DISTRICT for any previous over-payments. 10.6 Design the PROJECT, provide PROJECT plans and specifications to the DISTRICT (including interim submittals as appropriate) for review and comment. The DISTRICT shall provide, within three (3) weeks of receipt of the plans and specifications from the TOWN, comments on the plans and specifications, if any. The TOWN shall incorporate the comments provided by the DISTRICT into the PROJECT as appropriate. 10.7 Coordinate and staff any necessary public involvement activities related to the PROJECT. 10.8 Obtain all permits required for the PROJECT. 10.9 Obtain rights-of-way required for the PROJECT. 10.10 Relocate conflicting utilities. 10.11 Construct the PROJECT, provide construction management (including materials testing and survey work), and provide any proposed construction change orders to the DISTRICT for concurrence. 10.12 Coordinate a final inspection of the completed PROJECT with the DISTRICT. 10.13 Own the completed PROJECT and be responsible for operation and maintenance of the completed PROJECT. The maintenance activities to be performed include, but are not limited to, maintaining the flood control function of the PROJECT, including sediment and vegetation removal and any and all aesthetic, park, and public use features, maintenance of landscaping, irrigation, multi-use trails and berms, removal of trash and debris, electricity and other operation costs for the facilities, vandalism repair and IGA FCD 2022A014 PCN 699.23.36 PAGE 4 OF 8 replacement, and structural repair and replacement of the flood control structures. The TOWN may delegate this responsibility to a third party but will remain ultimately accountable to the DISTRICT under this Agreement. 10.14 On an annual basis, commencing on the first anniversary date of the completion and acceptance of the project, provide written notification to the DISTRICT that the project has been properly maintained by the Town of Fountain Hills over the past year in accordance with the project design intent and to ensure proper hydraulic function. 10.15 Require that any contractor selected for the PROJECT: 10.15.1 Warrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A.R.S. § 23-214(A); 10.15.2 Agree that a breach of the warranty under paragraph 10.15.1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract; 10.15.3 Agree that the DISTRICT retains the legal right to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 10.15.1; 11. Any local permits required for the PROJECT that are issued by either PROJECT PARTNER shall be issued at no cost to the PROJECT. 12. Either PROJECT PARTNER may, with mutual written agreement of all PROJECT PARTNERS, delegate responsibilities to another party. Any delegation, however, shall not relieve the delegating PROJECT PARTNER of its original responsibilities as defined herein. 13. Each PROJECT PARTNER certifies that it has disclosed to the other PROJECT PARTNER any known ongoing or anticipated litigation (to which it is a party) related to the PROJECT or PROJECT-affiliated flooding hazards, and shall continue to make such disclosures through the duration of this Agreement. 14. In the case of any dispute over any items in this Agreement, the PROJECT PARTNERS agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the PROJECT PARTNERS to seek any remedies provided by law. 15. Each PROJECT PARTNER shall take reasonable and necessary actions within its authority to ensure that only storm water is discharged into the PROJECT, and that such discharges into the PROJECT comply at the point of discharge with any applicable requirements of the U.S. Environmental Protection Agency, Clean Water Act, Arizona Pollutant Discharge Elimination System or any other applicable discharge requirements, including any permit requirements. 16. The PROJECT PARTNERS agree to equally share the cost of a PROJECT compliance and cost audit to be initiated within sixty (60) days of PROJECT completion, if requested by either PROJECT PARTNER. An independent auditing firm on contract to the DISTRICT and agreeable to the PROJECT PARTNERS will perform the audit. Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within 45 days of acceptance by all PROJECT PARTNERS of the audit report. IGA FCD 2022A014 PCN 699.23.36 PAGE 5 OF 8 17. Each PROJECT PARTNER (indemnitor) shall, to the extent permissible by law, indemnify, defend and save harmless the others (indemnitees) including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of indemnitor’s negligent or wrongful acts or omissions pursuant to this Agreement. The TOWN shall further, to the extent permissible by law, indemnify, defend and save harmless the DISTRICT including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of recreational use of the PROJECT in the event that it elects to invite such use (with or without DISTRICT concurrence). Such indemnification obligations shall encompass any personal injury, death or property damages resulting from the indemnitor’s negligent or wrongful acts or omissions, as well as reasonable attorney fees, court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. 18. Each PROJECT PARTNER 18.1 Shall comply with A.R.S. §§ 41-4401 and 23-214(A). Failure by either PROJECT PARTNER to comply with A.R.S. §§ 41-4401 and 23-214(A) shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement. 18.2 Retains the legal right to inspect the records of the other PROJECT PARTNER’s and any contractors’ or subcontractors’ employees performing work under this Agreement to verify compliance with A.R.S. §§ 41-4401 and 23-214(A). 19. All notices or demands upon any PROJECT PARTNER shall be in writing and shall be delivered in person, by express delivery service for which a receipt is obtained or sent by mail addressed as follows: Flood Control District of Maricopa County Town of Fountain Hills Director Town Engineer 2801 West Durango Street 16705 E. Ave. of the Fountains Phoenix, Arizona 85009-6399 Fountain Hills, AZ 85268 20. This Agreement shall expire either (a) two years from the date of execution by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 21. This Agreement is subject to the provisions of A.R.S. § 38-511. 22. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 23. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. IGA FCD 2022A014 PCN 699.23.36 PAGE 6 OF 8 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Michael A. Fulton Date Director Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Intergovernmental Agreement FCD 2022A014 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. General Counsel Date IGA FCD 2022A014 PCN 699.23.36 PAGE 7 OF 8 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted By: Ginny Dickey, Mayor Date Attest: By: Linda Mendenhall, Town Clerk Date The foregoing Intergovernmental Agreement FCD 2022A014 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. Aaron D. Arnson, Town Attorney Date IGA FCD 2022A014 PCN 699.23.36 PAGE 8 OF 8 Exhibit A: Courtside Villa-Deuce Ct. and Parcel F: Drainage Improvements Not to Scale RESOLUTION NO. 2022-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, RELATING TO THE DESIGN, RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE COURTSIDE VILLA- DUECE CT. AND PARCEL F: DRAINAGE IMPROVEMENTS PROJECT. RECITALS: WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated October_____, 2022 (the “Agreement”) with the Flood Control District of Maricopa County, for the distribution of funds and articulation of roles and responsibilities for the project. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: ENACTMENTS: SECTION 1. The recital above is hereby incorporated as if fully set forth herein. SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the "Town"), empowered by A.R.S. § 9-240(B) and A.R.S. §11-952, as amended, and the Flood Control District of Maricopa County (“District”), empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, relating the distribution of a portion of funds is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference SECTION 3. The Town hereby authorizes the acceptance of funds. SECTION 4. 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, _______, 2022. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor ATTESTED TO: Linda Mendenhall, Town Clerk REVIEWED BY: Grady E. Miller, Town Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney EXHIBIT A TO RESOLUTION NO. 2022-41 (Intergovernmental Agreement) See following pages. 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100 - Fax (480) 837-3145 July 14, 2022 Courtside Villas – Deuce Ct. and Parcel “F” Drainage Improvements Application for Maricopa County Flood Control District “Small Project Assistance Program” Submittal to: Capital Improvement Program Supervisor Via E-mail to: Kim.Belt@Maricopa.Gov (Return Receipt Requested) Town of FOUNTAIN HILLS, AZ. Department of Public Works 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 2 July 14, 2022 Contact Information: Applicant Name: Town of Fountain Hills, Arizona Address: 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Contact: David Janover, PE, F.NSPE, CFM Town Engineer Telephone #: 480-816-5112 E-mail Address: djanover@fountainhillsaz.gov Introduction: The Town of Fountain Hills is submitting this application for consideration of Small Project Assistance Program funding for drainage improvements to Courtside Villas, specifically along Deuce Court. The narrative below provides background, supporting documentation, and a description of the proposed improvements for which the Town would request grant assistance. Project Background: Courtside Villas is a single family residential neighborhood east of the intersection of Fountain Hills Blvd. and Saguaro Blvd (refer to Appendix A for Project Location). Deuce Ct. is a cul-de-sac off of the adjacent La Costa Dr. The focus of this project application is related to the drainage issues experienced within the cul-de-sac, specifically the residence located at 16863 E. Deuce Ct. (APN 176-03-806, Lot 45). Town of Fountain Hills historical drawings depict the grading and drainage civil design for the Courtside Villas development. This included a proposed catch basin located at the northwest corner of the cul-de-sac (between 16862 and 16868) as well as a storm drain running in the northeast direction through Town-owned land that is intended for drainage purposes located between the two homes. The originally proposed layout illustrated sufficient sump depth, pipe sizing and slope required for the Courtside Villas development. Due to reasons unknown, the storm water infrastructure constructed in Deuce Ct. (existing conditions) was not built per the approved construction plans. The catch basin was misplaced and installed at the northeast corner of the cul-de-sac (between 16868 and 16863) rather than the northwest corner. This existing catch basin’s sump depth is approximately 4”, basically the depth of its outlet pipe. Furthermore, rather than following the approved storm drain routing, the 4” outlet pipe aligns to the northeast, crossing private property (16868 E. Deuce Ct.) until it discharges to daylight at Parcel “F”. 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 3 July 14, 2022 It is believed that the combination of the misplaced catch basin, undersized storm drain and the shallow sump depth all contribute to the historical flooding issues experienced by residents along the Deuce Ct. cul-de-sac. Structure Flooding: The home located at 16863 E. Deuce Ct. (APN 176-03-806) is owned by Mr. and Mrs. Bertil. The Bertils have lived in the residence since 2013. In the past years, the Bertils have submitted multiple flooding complaints to the Town during storm events. Following a storm event the evening of August 13, 2021 the homeowners called in a complaint and submitted photos documenting the flooding of their driveway, yard and garage. As evident in the photos included as Appendix B, the flooding in the residents’ garage was substantial. Appendix C contains letters from Town Council and Management as well as the Homeowners Association in support of the project. Similar structure flooding was evident in the adjacent home to the northwest (16868 E. Deuce Ct.), however the residents were out of town during the time of the storm and no photo evidence of the interior of the home was provided. Per Maricopa County FCD ALERT Data, the historical rainfall data collected on August 13, 2021 was a 24-hour event of 2.09 inches. Comparing this with NOAA Atlas 14 information, this indicates a 5-year storm event. Appendix E contains both the Small Project Assistance Program Scoring Matrix as well as supplemental rainfall data for the aforementioned event. Mitigation/Solution: The Town of Fountain Hills’ proposed solution to the Deuce Ct. flooding is not dissimilar to the originally approved design. As illustrated in Appendix D, the improvements would include a proposed catch basin placed at the northwest corner of the cul-de-sac. A proposed storm drain of adequate size, depth and slope would connect the existing catch basin to this proposed catch basin. An additional storm drain would continue downstream out of the new catch basin and follow north through the Town-owned Parcel F, similar to the original design. The Town plans to hire an Engineering Consultant to perform a localized drainage analysis as well as generate construction documents which would include grading, drainage and storm drain design. Appendices: A – Project Location B – Site Photos C – Letters of Support D – Proposed Solution Exhibit E – Scoring Matrix and Supplemental Data 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100 - Fax (480) 837-3145 Appendix A – Project Location 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 5 July 14, 2022 Appendix B – Site Photos 16868 E. Deuce Ct. (Left) and 16863 E. Deuce Ct. (Right) Existing Catch Basin Between the Two Homes 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 6 July 14, 2022 Photo taken from the street looking at 16863 E. Deuce Ct. on August 13, 2021 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 7 July 14, 2022 Photo taken from inside the garage of 16863 E. Deuce Ct. on August 13, 2021 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 8 July 14, 2022 Appendix C –Letters of Support Courtside Villas Association 150 E. Alamo Dr. #3 Chandler, AZ 85225 (480) 967-7182 ~ Fax (480) 921-9031 12 July 2022 Justin Weldy, Public Works Director Town of Fountain Hills 16705 E Avenue of Fountains Fountain Hills, AZ 85268 RE: Deuce Court Flooding Issue Dear Mr. Weldy, Please accept this letter of support from the Board of Directors for the Courtside Villas Association with regards to the Town of Fountain Hills grant application for drainage improvements in the location of 16862 to 16863 E. Deuce Ct., Fountain Hills, AZ. Sincerely, Tracy Schofield Tracy Schofield, CMCA Community Manager Courtside Villas Association (480) 967-7182 ext. 104 tracy@metropsaz.com 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 9 July 14, 2022 Appendix D – Proposed Solution Exhibit 16705 E. Avenue of the Fountains – Fountain Hills, Arizona 85268 – (480) 816-5100-Fax (480) 837-3145 Page 10 July 14, 2022 Appendix E – Scoring Matrix and Supplemental Data 5 Attachment A: Scoring Matrix FCD of Maricopa County ALERT System G040: Rain Gage Group 40 Gage ID 76200 76300 76500 76700 76900 77000 77100 77300 Daily precipitation values in inches 08/31/21 0.63 0.75 0.67 0.24 0.47 0.39 0.51 0.28 08/30/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/29/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/28/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/27/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/26/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/25/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/24/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/23/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/22/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/21/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/20/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/19/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/18/21 0.67 0.51 3.94 0.51 1.61 3.62 1.26 0.43 08/17/21 0.00 0.08 0.00 0.00 0.00 0.04 0.00 0.00 08/16/21 0.12 0.63 0.00 0.63 0.00 0.00 0.00 0.75 08/15/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/14/21 0.39 0.24 0.08 0.35 0.24 0.04 0.16 0.39 08/13/21 1.30 1.06 0.00 2.09 0.31 0.00 0.16 2.09 08/12/21 0.91 1.57 0.87 0.08 1.46 0.43 0.98 0.12 08/11/21 0.16 0.04 0.28 1.34 0.67 0.20 0.39 1.93 08/10/21 0.04 0.00 0.00 0.04 0.00 0.00 0.00 0.04 08/09/21 0.00 0.04 0.00 0.00 0.00 0.00 0.00 0.00 08/08/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/07/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/06/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/05/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/04/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/03/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/02/21 0.00 0.00 0.04 0.00 0.00 0.00 0.00 0.00 08/01/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS: 4.21 4.92 5.87 5.28 4.76 4.72 3.46 6.02 ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services for Drainage Improvements. Staff Summary (Background) Staff applied for, and was awarded, grant funding through the Small Project Assistance Program (SPAP) of the Flood Control District of Maricopa County (FCDMC). There are two (2) locations in the Town that were identified as excellent candidates for this program, including a) Deuce Court and b) Grande Blvd/Rosita Drive. Other items on tonight's Agenda include the approval of Intergovernmental Agreements (IGAs) with the FCDMC for each of these projects, and stipulate the cost share and responsibilities of the FCDMC and the Town. The cost of both design and construction for these projects will be shared as stipulated in the IGAs. It is the Town's responsibility to enter into a professional services contract with a design consultant for the design of these projects, which is the purpose of this agenda item. The Town received proposals for each project from NFRA Inc, and the proposals are included in the Council packets. The proposals include civil engineering design services and survey services for Deuce Court and Grande Blvd/Rosita Dr. A summary of the proposed design cost for each project is as follows: Deuce Court $21,738.00 Grande Blvd/Rosita Dr $37,467.00 Total Fee for Design $59,205.00 The intent is to award a single Professional Services Contract to NFRA Inc., that incorporates both projects. The FCDMC grant will cover 75% of the design cost, and the remaining 25% of the design cost will be borne by the Town. The table below shows the cost share figures for each project covered by this contract: Project FCDMC Share Town Share Deuce Court $16,303.50 $5,434.50 Grande Blvd/Rosita Dr $28,100.25 $9,366.75 Total Fee for Design $44,403.75 $14,801.25 Related Ordinance, Policy or Guiding Principle This design contract directly relates to the Public Works Mission Statement. Risk Analysis Failure to approve this professional services contract could result in further drainage-related property damage, could jeopardize the Town's IGAs with the Flood Control District of Maricopa County (scheduled for approval this evening), and will have a negative impact on the Town's ability to receive future grant funding from the FCDMC. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of Professional Services Agreement 2021-039 with NFRA Inc. for design of drainage improvements associated with the two approved grant projects through the Flood Control District of Maricopa County, Deuce Court and Grande Blvd/Rosita Drive.  SUGGESTED MOTION MOVE to Approve Professional Services Agreement 2021-039 with NFRA Inc. for design of drainage improvements associated with the two capital projects D6062 and D6063 for Grande Blvd/Rosita Drive and Deuce Court, for the amount of $59,205.    Fiscal Impact Fiscal Impact:$59,205 Budget Reference:N/A Funding Source:ENVAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Scope and Fee - Deuce Court  Scope and Fee - Grande Blvd/Rosita Dr  Professional Services Agreement  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 09/21/2022 05:29 PM Finance Director David Pock 09/21/2022 05:44 PM Town Attorney Aaron D. Arnson 09/23/2022 11:29 AM Town Manager Grady E. Miller 09/24/2022 08:48 AM Form Started By: David Janover Started On: 09/20/2022 04:21 PM Final Approval Date: 09/24/2022  NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm August 31, 2022 Justin T. Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: Town of Fountain Hills Deuce Court Drainage Improvements Scope of Work and Fee Proposal Dear Mr. Weldy, NFra Inc. is pleased to provide professional civil engineering design services for the Deuce Court Drainage Improvements Project for the Town of Fountain Hills. Our scope of services and fees are based upon our understanding of the project from our email correspondence and field visit on March 4, 2022. Our understanding is NFra will provide drainage design services to alleviate drainage issues within the Deuce Court cul-de-sac. Drainage improvements will include new catch basins, pipes and structures to convey runoff from the cul-de-sac to an existing outlet structure. NFra’s fee for professional civil engineering design services for the work as described above will be for the total amount of $21,738.00. This includes fees from our subconsultant, Consultant Registered Surveying, Inc. for topographic survey. We are looking forward to working with the Town of Fountain Hills on this project. If you have any questions, please feel free to contact me at (602) 443-6066 or rweyrauch@nfrainc.us. Sincerely, Randy Weyrauch, P.E. Project Manager L:\Project Management\Fountain Hills\Deuce Court\Submittal 083122\Fountain Hills Deuce Court Ltr 083122.doc NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 1 of 3 CLIENT: TOWN OF FOUNTAIN HILLS PROJECT LOCATION: DEUCE COURT AND LA COSTA DRIVE PROJECT NAME: DEUCE COURT DRAINAGE IMPROVEMENTS SCOPE OF WORK – DESIGN PHASE A. PROJECT UNDERSTANDING This Town of Fountain Hills project will construct new drainage improvements at the end of the Deuce Court cul-de-sac to address past and future flooding concerns. Improvements will include replacing a catch basin, adding a new catch basin, new pipes and structures to convey runoff from the east end of the cul-de-sac to an existing bubble-up structure located east of the residents where the runoff discharges onto the surface within an existing drainage easement. B. NFra Inc. (NFra) TASKS NFra will design and provide drainage design plans and opinion of probable cost for the drainage improvements. NFra will conduct a site investigation to understand the existing features that will be impacted by the proposed improvements. Project will be coordinated with the Maricopa County Flood Control District (FCD) since the project is partially funded by a FCD grant. Task 100: Drainage Design Services: Deuce Court Drainage Improvements: NFra will provide drainage design services and prepare construction documents for the following improvements:  Remove existing catch basin and a portion of the existing 4" pipe and replace with a new catch basin with appropriate sump that is capable of accommodating an 18" HDPE pipe. Existing catch basin is located on the south side of the 16868 Deuce Court property.  Add a new catch basin on north side of the 16868 Deuce Court property.  Add a HDPE connector pipe between the two new catch basins. This will require existing curb and gutter and pavement to be removed and replaced.  Add a HDPE discharge pipe from the north catch basin to the existing storm drain system located east of the residents in the cul-de-sac. Discharge pipe will be located within an existing drainage easement. o Design will consider adding a new junction structure at the connection point to the existing system to provide an enclosed system that will eliminate potential leaking or failed connection that could impact the residents in this area.  Remove and replace existing rocks within the existing drainage easement.  Existing terrain will be replaced to existing condition and any shrubs that are damaged will be replaced. Trees will be avoided where possible. NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 2 of 3  Evaluate grading around existing bubble-up structure to ensure flows continue easterly as originally designed. Submittals: All submittals will be made to the Town for their distribution to project stakeholders for review as the design progresses. The final submittal will include sealed documents for construction. Construction drawings will be submitted to the Town in electronic format, saved to 22" x 34" (ANSI “D” size) for plotting at true half size (11" x 17") pdf’s. Submittals will occur at the following stages:  60% Submittal: NFra will submit CAD files, pdfs of the design plans, and opinion of probable construction costs to the Town.  100% Submittal: NFra will submit CAD files, pdfs of the design plans, and opinion of probable construction costs to the Town.  Final Submittal, Sealed: NFra will submit CAD files, sealed pdfs (22" x 34" and 11" x 17") of the design plans, 22" x 34" sealed plan sheets on bond paper, and final opinion of probable construction costs to the Town. Task 200: Coordination / Meetings: NFra will provide the following coordination and attend meetings to discuss and resolve conflicts with the project improvements.  FCD: NFra will coordinate the design and plan reviews with FCD to obtain their input and approval.  Utilities: NFra will coordinate with each identified utility to confirm no conflicts exist with the proposed improvements. Utilities will be relocated if needed. Potholes are not anticipated for the design.  Site Visits: NFra will perform a site investigation to identify and confirm existing features and potential conflicts. Two representatives from NFra will conduct the site visit which is anticipated to be two hours in length.  Town Meetings: NFra will meet Town representatives at the project site to review design plans and to clarify project impacts and constructability items. Other coordination will be handled with email correspondence, phone conversations, or in person meetings. Task 300: Quantities / Estimates / QC: NFra will prepare quantities and opinion of probable cost for the project. NFra will conduct internal quality control on all plans and calculations prior to each submittal to ensure conformance to project requirements. NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 3 of 3 Task 400: Topographic Survey: Survey will be provided by Consultant Registered Surveying, Inc (CRS). See Attachment B for CRS’s scope of work and fee proposal. C. ASSUMPTIONS 1. Geotechnical investigations and reports will not be required. 2. New right-of-way or easements are not required. 3. SWPPP will not be required. 4. Public meetings are not required. 5. Permitting, permitting fees, review fees, or other design related fees are not included in NFra’s scope of work or expenses. 6. Environmental Clearance is not required. 7. NFra is not responsible for construction testing or inspections, including material testing. 8. Drainage report or memorandum is not required. 9. Offsite drainage analysis is not required. 10. Post design services are not included with this proposal. D. COMPENSATION Compensation will be on a not to exceed basis: Design Service Fee: $21,738.00 E. SCHEDULE Design schedule will be approximately three months from the time survey is received after Notice to Proceed. Attachment A NFra Inc. Client: Town of Fountain Hills Project: Deuce Court Drainage Improvements Design Cost Proposal ESTIMATED DIRECT LABOR (DUECE COURT DRAINAGE) Estimated Avg. Hourly Labor Classification Labor Hours Rate Cost Project Manager 17 $200.00 $3,400 Senior Project Engineer 49 $175.00 $8,575 Designer / Technician 54 $123.00 $6,642 120 Total Estimated Labor $18,617 ESTIMATED DIRECT EXPENSES Mileage - 1 Trips at 65 Miles x 0.625 $41 Total Estimate Expenses $41 ESTIMATED SUBCONSULTANT DIRECT LABOR & EXPENSES Consultant Registered Surveying, Inc (Survey) - Task 400 $3,080 SUBTOTAL SUBCONSULTANTS $3,080 TOTAL ESTIMATED COST $21,738 8/31/2022 CONSULTANT SIGNATURE DATE FIGURES ROUNDED TO THE NEAREST DOLLAR 8/31/2022 Attachment A NFra Inc. Client: Town of Fountain Hills Project: Deuce Court Drainage Improvements Design Cost Proposal Town of Fountain Hills - Deuce Court Drainage Improvements HOURS TOTAL SHEETS PER SHEET HOURS TASK 100: Drainage Design Services Cover Sheet / General Notes / Legend 1 2.0 2011 FCD General Notes and Details 2 1.0 2011 Drainage Plan and Profile Sheets 2 30.0 60 4 20 36 Miscellaneous Details Sheet (Drainage Structure, Grading, Misc)2 14.0 28 2 12 14 TASK 200: Coordination / Meetings FCD Coordination 1010 Utility Coordination 6042 Site Visit 4220 Town Meeting - Field Review 6330 General Administration / Coordination 5500 TASK 300: Quantities / Estimate / QC Quantities, Cost Estimate and QC 4130 TASK 400: Surveying Coordination with CRS 2020 TOTAL FOR DEUCE COURT 120 17 49 54 Project Manager Senior Engineer Designer / Technician 8/31/2022 ATTACHMENT B ATTACHMENT B Randy Weyrauch Vice President ATTACHMENT B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD NFRAI-1 OP ID: TA 08/31/2022 Teresa Alvarado Stuckey Ins & Assoc Agencies 2850 E Camelback Rd, Suite 325 Phoenix, AZ 85016 Mary Lodwick 602-264-5533 602-279-9336 teresa.alvarado@stuckeyinsurance.com Hartford Casualty Insurance Co Twin City Fire Ins Co NFra Inc77 E Thomas Rd. #200Phoenix, AZ 85012 Hartford Fire Ins Co A X 2,000,000 X X 84SBWBV6109 09/01/2022 09/01/2023 300,000 10,000 2,000,000 4,000,000 X 4,000,000 2,000,000A 84SBWBV6109 09/01/2022 09/01/2023 X X XX 1,000,000A 84SBWBV6109 09/01/2022 09/01/2023 1,000,000 10000X XB 84WEGNQ7012 09/01/2022 09/01/2023 1,000,000 N 1,000,000 1,000,000 C 59OH0394142-22 09/01/2022 09/01/2023 Per Claim 2,000,000 Aggregate 2,000,000 Professional Liability - Claims Made - Retro date Full prior acts Re: Deuce Court Drainage Improvements Town of Fountain Hills is named as additional insureds as respects to general liability. TOWNF-2 Town of Fountain Hills 16705 East Ave of the Fountain Fountain Hills, AZ 85268 602-264-5533 29424 29459 19682 Professional Liab BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 1Business Liability 2Medical Expenses 2Coverage Extension - Supplementary Payments B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15Bankruptcy 2.15Duties In The Event Of Occurrence, Offense, Claim Or Suit 3.16Financial Responsibility Laws 4.16Legal Action Against Us 5.16Separation Of Insureds 6.16Representations 7.16Other Insurance 8.17Transfer Of Rights Of Recovery Against Others To Us F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 18Additional Insureds G. 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BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in theINJURY, PROPERTY DAMAGE, PERSONAL "coverage territory";AND ADVERTISING INJURY) (b)The "bodily injury" or "propertyInsuring Agreement damage" occurs during the policy a.We will pay those sums that the insured period; and becomes legally obligated to pay as (c)Prior to the policy period, no insureddamages because of "bodily injury",1.listed under Paragraph of Section"property damage" or "personal and C.– Who Is An Insured and noadvertising injury" to which this insurance "employee" authorized by you to giveapplies. We will have the right and duty to or receive notice of an "occurrence"defend the insured against any "suit"or claim, knew that the "bodily injury"seeking those damages. However, we will or "property damage" had occurred,have no duty to defend the insured against in whole or in part. If such a listedany "suit" seeking damages for "bodily insured or authorized "employee"injury", "property damage" or "personal and knew, prior to the policy period, thatadvertising injury" to which this insurance the "bodily injury" or "propertydoesnot apply.damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But:damage" during or after the policy period will be deemed to have been(1)The amount we will pay for damages is known prior to the policy period.D.limited as described in Section - (2)To "personal and advertising injury"Liability And Medical Expenses Limits caused by an offense arising out of yourOf Insurance; and business, but only if the offense was(2)Our right and duty to defend ends when committed in the "coverage territory"we have used up the applicable limit of during the policy period.insurance in the payment of judgments, c."Bodily injury" or "property damage" will besettlements or medical expenses to which deemed to have been known to havethis insurance applies. occurred at the earliest time when anyNo other obligation or liability to pay sums or 1.insured listed under Paragraph of Sectionperform acts or services is covered unless C.–Who Is An Insured or any "employee"explicitly provided for under Coverage authorized by you to give or receive noticeExtension - Supplementary Payments. of an "occurrence" or claim:b.This insurance applies: (1)Reports all, or any part, of the "bodily(1)To "bodily injury" and "property injury" or "property damage" to us ordamage" only if:any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2)b.Receives a written or verbal demand or We will make these payments regardless of claim for damages because of the "bodily fault.These payments will not exceed the injury"or "property damage";or applicable limit of insurance.We will pay reasonable expenses for:(3)Becomes aware by any other means that (1)"bodily injury"or "property damage"has First aid administered at the time of an occurred or has begun to occur.accident; d.(2)Damages because of "bodily injury"include Necessary medical,surgical,x-ray and damages claimed by any person or dental services,including prosthetic organization for care,loss of services or devices;and death resulting at any time from the "bodily (3)Necessary ambulance,hospital, injury".professional nursing and funeral e.Incidental Medical Malpractice services. (1)"Bodily injury"arising out of the 3.COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a.We will pay,with respect to any claim or physician,dentist,nurse,emergency "suit"we investigate or settle,or any "suit" medical technician or paramedic shall against an insured we defend:be deemed to be caused by an (1)All expenses we incur."occurrence", but only if: (2)Up to $1,000 for the cost of bail bonds (a)The physician,dentist,nurse, required because of accidents or traffic emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehicle to which Business Liability provide such services; and Coverage for "bodily injury"applies. We (b)You are not engaged in the do not have to furnish these bonds.business or occupation of providing (3)The cost of appeal bonds or bonds to such services. release attachments,but only for bond (2)For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance.We do not have to furnish malpractice,any act or omission these bonds.together with all related acts or (4)All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence"."suit",including actual loss of earnings 2.MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a.We will pay medical expenses as described (5)All costs taxed against the insured in below for "bodily injury"caused by an the "suit". accident:(6)Prejudgment interest awarded against (1)On premises you own or rent;the insured on that part of the judgment we pay.If we make an offer to pay the (2)On ways next to premises you own or applicable limit of insurance,we will not rent;or pay any prejudgment interest based on (3)Because of your operations;that period of time after the offer. provided that:(7)All interest on the full amount of any (1)The accident takes place in the judgment that accrues after entry of the "coverage territory"and during the judgment and before we have paid, policy period;offered to pay,or deposited in court the part of the judgment that is within the (2)The expenses are incurred and reported applicable limit of insurance.to us within three years of the date of the accident; and (1)(7)Any amounts paid under through above will not reduce the limits of insurance.(3)The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b.If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys'fees incurred by us in the named as a party to the "suit",we will defense of that indemnitee,necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met:necessary litigation expenses incurred by the indemnitee at our request will be(1)The "suit"against the indemnitee paid as Supplementary Payments.seeks damages for which the insured has assumed the liability of the Notwithstanding the provisions of 1.b.(b)B.indemnitee in a contract or agreement Paragraph of Section – that is an "insured contract";Exclusions,such payments will not be deemed to be damages for "bodily (2)This insurance applies to such liability injury"and "property damage"and will assumed by the insured; not reduce the Limits of Insurance.(3)The obligation to defend, or the cost of Our obligation to defend an insured's the defense of,that indemnitee,has indemnitee and to pay for attorneys'fees also been assumed by the insured in and necessary litigation expenses as the same "insured contract";Supplementary Payments ends when:(4)The allegations in the "suit"and the (1)We have used up the applicable limit information we know about the of insurance in the payment of "occurrence"are such that no conflict judgments or settlements; orappearstoexistbetweentheinterests (2)of the insured and the interest of the The conditions set forth above,or the indemnitee;terms of the agreement described in (6)Paragraph above,are no longer met.(5)The indemnitee and the insured ask us to conduct and control the defense B.EXCLUSIONS of that indemnitee against such "suit" 1.Applicable To Business Liability Coverageandagreethatwecanassignthe This insurance does not apply to:same counsel to defend the insured and the indemnitee;and a.Expected Or Intended Injury (6)The indemnitee:(1)"Bodily injury"or "property damage" expected or intended from the (a)Agrees in writing to: standpoint of the insured.This (i)Cooperate with us in the exclusion does not apply to "bodily investigation,settlement or injury"or "property damage"resulting defense of the "suit";from the use of reasonable force to (ii)Immediately send us copies of protect persons or property; or any demands,notices, (2)"Personal and advertising injury"arisingsummonsesorlegalpapers out of an offense committed by,at thereceivedinconnectionwith direction of or with the consent orthe "suit";acquiescence of the insured with the (iii)Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b.Contractual Liability (iv)Cooperate with us with (1)"Bodily injury"or "property damage";orrespecttocoordinatingother (2)"Personal and advertising injury"applicable insurance available to the indemnitee; and for which the insured is obligated to pay damages by reason of the assumption of(b)Provides us with written liability in a contract or agreement.authorization to: This exclusion does not apply to liability (i)Obtain records and other for damages because of:information related to the "suit"; and (a)"Bodily injury","property damage"or "personal and advertising injury"that(ii)Conduct and control the the insured would have in thedefenseoftheindemniteein absence of the contract orsuch"suit". agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b)(b)"Bodily injury"or "property damage"Performing duties related to the assumed in a contract or agreement conduct of the insured’s business,or that is an "insured contract",(2)The spouse,child,parent,brother or provided the "bodily injury"or sister of that "employee"as a "property damage"occurs (1)consequence of above. subsequent to the execution of the This exclusion applies:contract or agreement.Solely for (1)Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract",reasonable andattorneys'fees and necessary litigation expenses incurred by or for (2)To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury"or "property damage"This exclusion does not apply to liability provided:assumed by the insured under an "insured (i)Liability to such party for,or for contract". the cost of,that party’s defense f.Pollutionhasalsobeenassumedinthe(1)"Bodily injury","property damage"or same "insured contract",and "personal and advertising injury" (ii)Such attorneys'fees and arising out of the actual,alleged or litigation expenses are for threatened discharge,dispersal, defense of that party against a seepage,migration,release or escape civil or alternative dispute of "pollutants":resolution proceeding in which (a)At or from any premises,site or damages to which this location which is or was at anyinsurance applies are alleged.time owned or occupied by,or c.Liquor Liability rented or loaned to any insured. "Bodily injury"or "property damage"for However,this subparagraph does which any insured may be held liable by not apply to: reason of:(i)"Bodily injury"if sustained within (1)Causing or contributing to the a building and caused by intoxication of any person;smoke,fumes,vapor or soot produced by or originating from(2)The furnishing of alcoholic beverages to equipment that is used to heat,a person under the legal drinking age or cool or dehumidify the building,under the influence of alcohol;or or equipment that is used to(3)Any statute,ordinance or regulation heat water for personal use,byrelatingtothesale,gift,distribution or the building's occupants or theiruseofalcoholicbeverages.guests; This exclusion applies only if you are in the (ii)"Bodily injury"or "propertybusinessofmanufacturing,distributing,damage"for which you may beselling,serving or furnishing alcoholic held liable,if you are abeverages.contractor and the owner ord.Workers'Compensation And Similar lessee of such premises,site orLawslocation has been added to your Any obligation of the insured under a policy as an additional insured workers'compensation,disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law.additional insured at that premises,site or location ande.Employer’s Liability such premises,site or location"Bodily injury" to: is not and never was owned or(1)An "employee"of the insured arising occupied by,or rented orout of and in the course of:loaned to,any insured,other (a)Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii)"Bodily injury"or "property released as part of the damage"arising out of heat, operations being performed smoke or fumes from a by such insured,contractor or "hostile fire";subcontractor; (b)(ii)At or from any premises,site or "Bodily injury"or "property location which is or was at any damage"sustained within a time used by or for any insured or building and caused by the others for the handling,storage, release of gases,fumes or disposal,processing or treatment vapors from materials brought of waste;into that building in connection with operations being performed(c)Which are or were at any time by you or on your behalf by atransported,handled,stored, contractor or subcontractor;ortreated,disposed of,or processed (iii)as waste by or for:"Bodily injury"or "property damage"arising out of heat, (i)Any insured; or smoke or fumes from a (ii)Any person or organization for "hostile fire"; orwhomyoumaybelegally (e)At or from any premises,site orresponsible;location on which any insured or any(d)At or from any premises,site or contractors or subcontractorslocationonwhichanyinsuredor working directly or indirectly on anyanycontractorsorsubcontractors insured’s behalf are performingworkingdirectlyorindirectlyon operations if the operations are toanyinsured's behalf are test for,monitor,clean up,remove,performing operations if the contain,treat,detoxify or neutralize,"pollutants"are brought on or to or in any way respond to,or assessthepremises,site or location in the effects of,"pollutants".connection with such operations (2)Any loss,cost or expense arising out by such insured,contractor or of any:subcontractor.However,this (a)subparagraph does not apply to:Request, demand, order or statutory or regulatory requirement that any(i)"Bodily injury"or "property insured or others test for,monitor,damage"arising out of the clean up,remove,contain,treat,escape of fuels,lubricants or detoxify or neutralize,or in any wayother operating fluids which are respond to,or assess the effects of,needed to perform the normal "pollutants";orelectrical,hydraulic or (b)mechanical functions Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts,damages because of testing for, if such fuels, lubricants or other monitoring,cleaning up, removing, operating fluids escape from a containing,treating,detoxifying or vehicle part designed to hold,neutralizing,or in any way store or receive them.This responding to,or assessing the exception does not apply if the effects of,"pollutants". "bodily injury"or "property However,this paragraph does not damage"arises out of the apply to liability for damages because intentional discharge,dispersal of "property damage"that the insured or release of the fuels,would have in the absence of such lubricants or other operating request,demand,order or statutory or fluids,or if such fuels,regulatory requirement,or such claim lubricants or other operating or "suit"by or on behalf of a fluids are brought on or to the governmental authority. premises,site or location with the intent that they be discharged,dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g.Aircraft,Auto Or Watercraft (2)The use of "mobile equipment"in,or while in practice or preparation for,a"Bodily injury"or "property damage"arising prearranged racing,speed or out of the ownership,maintenance,use or demolition contest or in any stunting entrustment to others of any aircraft,"auto"activity.or watercraft owned or operated by or rented i.Warorloanedtoanyinsured.Use includes operation and "loading or unloading"."Bodily injury","property damage"or This exclusion applies even if the claims "personal and advertising injury",however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision,hiring,(1)War,including undeclared or civil war;employment,training or monitoring of others (2)Warlike action by a military force, by that insured,if the "occurrence"which including action in hindering or caused the "bodily injury"or "property defending against an actual ordamage"involved the ownership,expected attack,by any government, maintenance,use or entrustment to others of sovereign or other authority usinganyaircraft,"auto"or watercraft that is military personnel or other agents; orownedoroperatedbyorrentedorloanedto (3)Insurrection,rebellion,revolution, any insured. usurped power,or action taken by This exclusion does not apply to:governmental authority in hindering or (1)A watercraft while ashore on premises defending against any of these.you own or rent;j.Professional Services(2)A watercraft you do not own that is:"Bodily injury","property damage"or (a)Less than 51 feet long; and "personal and advertising injury"arising out of the rendering of or failure to render (b)Not being used to carry persons any professional service.This includes for a charge; but is not limited to:(3)Parking an "auto"on,or on the ways (1)Legal,accounting or advertisingnextto,premises you own or rent, services;provided the "auto"is not owned by or rented or loaned to you or the insured;(2)Preparing,approving,or failing to prepare or approve maps,shop(4)Liability assumed under any "insured drawings,opinions,reports,surveys,contract"for the ownership, field orders,change orders,designs ormaintenanceoruseofaircraftor drawings and specifications;watercraft; (3)Supervisory,inspection,architectural (5)"Bodily injury"or "property damage" or engineering activities;arising out of the operation of any of f.(2)the equipment listed in Paragraph (4)Medical,surgical,dental,x-ray or f.(3)or of the definition of "mobile nursing services treatment,advice or equipment";or instruction; (6)An aircraft that is not owned by any (5)Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew.However,this (6)Any service,treatment,advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement,hair injury"or "property damage",whether removal or replacement or personal the other insurance is primary,excess,grooming;contingent or on any other basis. (7)Optical or hearing aid services h.Mobile Equipment including the prescribing,preparation, "Bodily injury"or "property damage" fitting,demonstration or distribution of arising out of:ophthalmic lenses and similar products or hearing aid devices;(1)The transportation of "mobile equipment" by an "auto"owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8)(1)(3)(4)Optometry or optometric services Paragraphs ,and of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing,damage"(other than damage by fire)to preparation,fitting,demonstration or premises,including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products;fewer consecutive days.A separate Limit of Insurance applies to Damage To (9)Any:Premises Rented To You as described in (a)Body piercing (not including ear D.Section -Limits Of Insurance.piercing);(2)Paragraph of this exclusion does not(b)Tattooing,including but not limited apply if the premises are "your work"and to the insertion of pigments into or were never occupied,rented or held for under the skin; and rental by you. (c)Similar services;(3) (4)Paragraphs and of this exclusion do (10)Services in the practice of pharmacy; not apply to the use of elevators. and (3)(4)(5)(6)Paragraphs ,,and of this (11)Computer consulting,design or exclusion do not apply to liability assumed programming services,including web under a sidetrack agreement. site design.(3)(4)Paragraphs and of this exclusion do (4)(5)Paragraphs and of this exclusion do not apply to "property damage"to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. 1.e.A.Paragraph in Section -Coverages.(6)Paragraph of this exclusion does not k.Damage To Property apply to "property damage" included in the "products-completed operations hazard"."Property damage" to: l.Damage To Your Product(1)Property you own,rent or occupy, including any costs or expenses "Property damage"to "your product" incurred by you,or any other person, arising out of it or any part of it. organization or entity,for repair, m.Damage To Your Workreplacement,enhancement, "Property damage"to "your work"arising restoration or maintenance of such out of it or any part of it and included in the property for any reason,including "products-completed operations hazard".prevention of injury to a person or damage to another's property;This exclusion does not apply if the damaged work or the work out of which (2)Premises you sell,give away or the damage arises was performed on your abandon,if the "property damage"arises behalf by a subcontractor.out of any part of those premises; n.Damage To Impaired Property Or (3)Property loaned to you;Property Not Physically Injured(4)Personal property in the care,custody "Property damage"to "impaired property" or control of the insured;or property that has not been physically (5)That particular part of real property on injured, arising out of:which you or any contractors or (1)A defect,deficiency,inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing or "your work"; oroperations,if the "property damage" (2)arises out of those operations;or A delay or failure by you or anyone acting on your behalf to perform a (6)That particular part of any property contract or agreement in accordance that must be restored,repaired or with its terms.replaced because "your work"was incorrectly performed on it.This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o.Recall Of Products,Work Or Impaired (c)Title of any literary or artistic work; Property (8)Arising out of an offense committed by Damages claimed for any loss,cost or an insured whose business is: (a)expense incurred by you or others for the Advertising,broadcasting, loss of use,withdrawal,recall,inspection, publishing or telecasting; repair,replacement,adjustment,removal (b)Designing or determining content or disposal of:of web sites for others;or (1)"Your product";(c)An Internet search,access, (2)"Your work";or content or service provider. (3)"Impaired property";However,this exclusion does not if such product,work or property is a.b.c.apply to Paragraphs ,and withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization G.advertising injury"in Section – because of a known or suspected defect, Liability And Medical Expenses deficiency,inadequacy or dangerous Definitions. condition in it.For the purposes of this exclusion, p.Personal And Advertising Injury placing an "advertisement"for or linking to others on your web site,by "Personal and advertising injury": itself,is not considered the business(1)Arising out of oral, written or electronic of advertising,broadcasting, publication of material,if done by or at publishing or telecasting;the direction of the insured with (9)Arising out of an electronic chat room knowledge of its falsity; or bulletin board the insured hosts, (2)Arising out of oral, written or electronic owns,or over which the insured publication of material whose first exercises control;publication took place before the (10)Arising out of the unauthorized use ofbeginningofthepolicy period; another's name or product in your e-mail(3)Arising out of a criminal act committed address,domain name or metatags,orbyor at the direction of the insured;any other similar tactics to mislead (4)Arising out of any breach of contract, another's potential customers; except an implied contract to use (11)Arising out of the violation of a another’s "advertising idea"in your person's right of privacy created by "advertisement";any state or federal act. (5)Arising out of the failure of goods, However,this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act;"advertisement"; (12)Arising out of:(6)Arising out of the wrong description of (a)An "advertisement"for others on the price of goods,products or services; your web site;(7)Arising out of any violation of any (b)Placing a link to a web site of intellectual property rights such as others on your web site;copyright,patent,trademark,trade name,trade secret,service mark or (c)Content from a web site of others other designation of origin or displayed within a frame or border authenticity.on your web site.Content includes information,code,sounds,text,However,this exclusion does not graphics or images;orapplytoinfringement,in your "advertisement",of (d)Computer code,software or programming used to enable:(a)Copyright; (i)Your web site; or(b)Slogan,unless the slogan is also a trademark,trade name,service (ii)The presentation or functionality mark or other designation of origin of an "advertisement"or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13)(a)Arising out of a violation of any anti-May be awarded or incurred by trust law;reason of any claim or suit alleging actual or threatened injury (14)Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks,bonds or other persons or property which would securities; or not have occurred in whole or in (15)Arising out of discrimination or part but for the "asbestos hazard";humiliation committed by or at the (b)Arise out of any request,demand, direction of any "executive officer", order or statutory or regulatory director,stockholder,partner or requirement that any insured or member of the insured. others test for,monitor,clean up, q.Electronic Data remove,encapsulate,contain, Damages arising out of the loss of,loss of treat,detoxify or neutralize or in use of,damage to,corruption of,inability any way respond to or assess the to access,or inability to manipulate effects of an "asbestos hazard"; or "electronic data".(c)Arise out of any claim or suit for r.Employment-Related Practices damages because of testing for, monitoring,cleaning up,removing,"Bodily injury"or "personal and advertising encapsulating,containing,treating,injury"to: detoxifying or neutralizing or in any(1)A person arising out of any:way responding to or assessing the (a)Refusal to employ that person;effects of an "asbestos hazard". (b)Termination of that person's t.Violation Of Statutes That Govern E- employment; or Mails,Fax,Phone Calls Or Other Methods Of Sending Material Or (c)Employment-related practices, Informationpolicies,acts or omissions,such as coercion,demotion,evaluation,"Bodily injury","property damage",or reassignment,discipline,"personal and advertising injury"arising defamation,harassment,humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2)The spouse,child,parent,brother or (1)The Telephone Consumer Protection sister of that person as a Act (TCPA),including any amendment consequence of "bodily injury"or of or addition to such law; "personal and advertising injury" to the (2)The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law;or(a)(b)(c)described in Paragraphs ,,or (3)Any statute,ordinance or regulation,above is directed. other than the TCPA or CAN-SPAM ActThisexclusion applies:of 2003,that prohibits or limits the (1)Whether the insured may be liable as sending,transmitting,communicating or an employer or in any other capacity;distribution of material or information. and Damage To Premises Rented To You – (2)To any obligation to share damages Exception For Damage By Fire,Lightning with or repay someone else who must or Explosion pay damages because of the injury.c.h.k.o.Exclusions through and through do s.Asbestos not apply to damage by fire,lightning or explosion to premises rented to you or (1)"Bodily injury","property damage"or temporarily occupied by you with permission of "personal and advertising injury" the owner.A separate Limit of Insurance arising out of the "asbestos hazard". applies to this coverage as described in (2)Any damages,judgments,settlements,D.Section -Liability And Medical Expensesloss,costs or expenses that:Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2.Applicable To Medical Expenses Coverage e.A trust,you are an insured.Your trustees are also insureds,but only with respect to We will not pay expenses for "bodily injury":their duties as trustees.a.Any Insured 2.Each of the following is also an insured:To any insured,except "volunteer workers". a.Employees And Volunteer Workersb.Hired Person Your "volunteer workers"only whileTo a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured.your business,or your "employees",other c.Injury On Normally Occupied Premises than either your "executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies.company)or your managers (if you are a limited liability company),but only for acts d.Workers'Compensation And Similar within the scope of their employment by Laws you or while performing duties related to To a person,whether or not an the conduct of your business."employee"of any insured,if benefits for However,none of these "employees"or the "bodily injury"are payable or must be "volunteer workers" are insureds for:provided under a workers'compensation or disability benefits law or a similar law.(1)"Bodily injury"or "personal and advertising injury":e.Athletics Activities (a)To you,to your partners or To a person injured while practicing, members (if you are a partnership instructing or participating in any physical or joint venture),to your members exercises or games,sports or athletic (if you are a limited liability contests. company),or to a co-"employee"f.Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard".related to the conduct of your business,or to your other g.Business Liability Exclusions "volunteer workers"while Excluded under Business Liability Coverage.performing duties related to the C.WHO IS AN INSURED conduct of your business; 1.If you are designated in the Declarations as:(b)To the spouse,child,parent, brother or sister of that co-a.An individual,you and your spouse are "employee"or that "volunteer insureds,but only with respect to the worker"as a consequence of conduct of a business of which you are the (1)(a)Paragraph above;sole owner. (c)For which there is any obligation b.A partnership or joint venture,you are an to share damages with or repay insured.Your members,your partners,and someone else who must pay their spouses are also insureds,but only with damages because of the injury respect to the conduct of your business. (1)(a)described in Paragraphs orc.A limited liability company,you are an (b) above; orinsured.Your members are also insureds, (d)Arising out of his or her providing but only with respect to the conduct of your or failing to provide professional business.Your managers are insureds,but health care services.only with respect to their duties as your managers.If you are not in the business of providing professional health cared.An organization other than a partnership, (d)services,Paragraph does not applyjointventureorlimitedliabilitycompany,you to any nurse,emergency medicalareaninsured.Your "executive officers"and technician or paramedic employed bydirectorsareinsureds,but only with respect you to provide such services.to their duties as your officers or directors. Your stockholders are also insureds,but only (2)"Property damage" to property: with respect to their liability as stockholders.(a)Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b)b.Rented to,in the care,custody or Coverage under this provision does not control of,or over which physical apply to: control is being exercised for any (1)"Bodily injury"or "property damage" purpose by you,any of your that occurred;or"employees","volunteer workers", (2)"Personal and advertising injury" any partner or member (if you are arising out of an offense committedapartnershiporjointventure),or before you acquired or formed the any member (if you are a limited organization.liability company). 4.Operator Of Mobile Equipmentb.Real Estate Manager With respect to "mobile equipment"registered inAny person (other than your "employee"or your name under any motor vehicle registration"volunteer worker"),or any organization law,any person is an insured while driving suchwhileacting as your real estate manager. equipment along a public highway with yourc.Temporary Custodians Of Your permission.Any other person or organizationPropertyresponsiblefortheconductofsuchpersonisAnypersonororganizationhavingproper also an insured,but only with respect to liabilitytemporarycustodyofyourpropertyifyou arising out of the operation of the equipment,anddie,but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury"to a co-"employee"of the person driving the equipment;ord.Legal Representative If You Die b."Property damage"to property owned by, Your legal representative if you die,but rented to,in the charge of or occupied byonlywithrespecttodutiesassuch.That you or the employer of any person who is representative will have all your rights and an insured under this provision.duties under this insurance. 5.Operator of Nonowned Watercrafte.Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof,of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50%of the voting stock on the your permission.Any other person or effective date of this Coverage Part.organization responsible for the conduct of The insurance afforded herein for any such person is also an insured,but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft,and only if no otherinjuryordamagewithrespecttowhichan insurance of any kind is available to that insured under this insurance is also an person or organization for this liability.insured under another policy or would be However,no person or organization is an an insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury"to a co-"employee"of the person operating the watercraft;or3.Newly Acquired Or Formed Organization b."Property damage"to property owned by,Any organization you newly acquire or form, rented to,in the charge of or occupied by other than a partnership,joint venture or you or the employer of any person who is limited liability company,and over which you an insured under this provision.maintain financial interest of more than 50%of the voting stock,will qualify as a Named 6.Additional Insureds When Required By Insured if there is no other similar insurance Written Contract,Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s)or organization(s)identified in only until the 180th day after you acquire a.f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed,in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM (e)contract,written agreement or because of a Any failure to make such permit issued by a state or political inspections,adjustments,tests or subdivision,that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy,provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business,in connection agreement, or the issuance of the permit.with the distribution or sale of the products;A person or organization is an additional (f)Demonstration,installation, insured under this provision only for that servicing or repair operations, period of time required by the contract,except such operations performed agreement or permit.at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision if such product;person or organization is included as an (g)Products which,after distribution additional insured by an endorsement issued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container,part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; orF.–Optional Additional Insured Coverages. (h)"Bodily injury"or "property a.Vendors damage"arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor),but only with respect to own acts or omissions or those of"bodily injury"or "property damage"arising its employees or anyone else out of "your products"which are distributed acting on its behalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained in provides coverage for "bodily injury"or (d)(f)Subparagraphs or ;or"property damage"included within the (ii)"products-completed operations hazard".Such inspections,adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions:course of business,inThisinsurancedoes not apply to:connection with the distribution (a)"Bodily injury"or "property or sale of the products. damage"for which the vendor is (2)This insurance does not apply to anyobligatedtopaydamagesby insured person or organization fromreasonoftheassumptionof whom you have acquired such products,liability in a contract or agreement. or any ingredient,part or container,This exclusion does not apply to entering into,accompanying orliabilityfordamagesthatthe containing such products.vendor would have in the absence b.Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from (b)Any express warranty whom you lease equipment;but only unauthorized by you;with respect to their liability for "bodily (c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "personal and advertising injury"by the vendor;caused,in whole or in part,by your (d)Repackaging,except when maintenance,operation or use of unpacked solely for the purpose of equipment leased to you by such inspection,demonstration,testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2)e.Permits Issued By State Or Political With respect to the insurance afforded Subdivisionstotheseadditionalinsureds,this insurance does not apply to any (1)Any state or political subdivision,but "occurrence"which takes place after only with respect to operationsyoucease to lease that equipment.performed by you or on your behalf for c.Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1)Any person or organization from (2)whom you lease land or premises,but With respect to the insurance afforded only with respect to liability arising out to these additional insureds,this of the ownership,maintenance or use insurance does not apply to: of that part of the land or premises (a)"Bodily injury","property damage" leased to you.or "personal and advertising (2)With respect to the insurance afforded injury"arising out of operations to these additional insureds,this performed for the state or insurance does not apply to:municipality; or (a)(b)Any "occurrence"which takes "Bodily injury"or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f.Any Other Party (b)Structural alterations,new (1)Any other person or organization who construction or demolition a.is not an insured under Paragraphsoperationsperformedbyoron ethrough.above,but only withbehalfofsuchpersonor respect to liability for "bodily injury", organization."property damage"or "personal and d.Architects, Engineers Or Surveyors advertising injury"caused,in whole or in part,by your acts or omissions or(1)Any architect,engineer,or surveyor,but the acts or omissions of those acting only with respect to liability for "bodily on your behalf:injury","property damage"or "personal (a)and advertising injury"caused,in whole In the performance of your or in part,by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b)In connection with your premises your behalf:owned by or rented to you;or (a)In connection with your premises; (c)In connection with "your work" and or included within the "products- (b)In the performance of your completed operations hazard",but ongoing operations performed by only if you or on your behalf.(i)The written contract or written (2)With respect to the insurance afforded agreement requires you to to these additional insureds,the provide such coverage to following additional exclusion applies:such additional insured;and (ii)This insurance does not apply to This Coverage Part provides "bodily injury","property damage"or coverage for "bodily injury"or "personal and advertising injury" "property damage"included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including:(2)With respect to the insurance afforded (a)The preparing,approving,or to these additional insureds,this failure to prepare or approve, insurance does not apply to: maps,shop drawings,opinions, "Bodily injury","property damage"or reports,surveys,field orders, "personal and advertising injury" change orders,designs or arising out of the rendering of,or the drawings and specifications; or failure to render,any professional (b)Supervisory,inspection, architectural,engineering or surveying architectural or engineering services,including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a)The preparing,approving,or This General Aggregate limit does not failure to prepare or approve, apply to "property damage"to premises maps,shop drawings,opinions, while rented to you or temporarily reports,surveys,field orders, occupied by you with permission of the change orders,designs or owner,arising out of fire,lightning or drawings and specifications; or explosion. (b)3.Each Occurrence LimitSupervisory,inspection, architectural or engineering 2.a.2.bSubjecttoor above,whichever activities.applies,the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section –Limits "property damage"and medical expenses Of Insurance.arising out of any one "occurrence"is the Liability and Medical Expenses Limit shown in How this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury"sustained by any General Conditions.one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with 4.Personal And Advertising Injury Limitrespecttotheconductofanycurrentorpast partnership,joint venture or limited liability 2.b.Subject to above,the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations."personal and advertising injury"sustained by any one person or organization is the Personal D.LIABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.1.The Most We Will Pay 5.Damage To Premises Rented To You LimitTheLimitsofInsuranceshowninthe The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of:Liability Coverage for damages because of a.Insureds;"property damage"to any one premises,while b.Claims made or "suits" brought;or rented to you, or in the case of damage by fire, lightning or explosion,while rented to you or c.Persons or organizations making claims or temporarily occupied by you with permission of bringing "suits". the owner. 2.Aggregate Limits In the case of damage by fire,lightning or The most we will pay for:explosion, the Damage to Premises Rented To a.Damages because of "bodily injury"and You Limit applies to all damage proximately "property damage"included in the caused by the same event,whether such "products-completed operations hazard"is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6.How Limits Apply To Additional InsuredsDeclarations. The most we will pay on behalf of a person or b.Damages because of all other "bodily organization who is an additional insured injury","property damage"or "personal under this Coverage Part is the lesser of:and advertising injury",including medical a.The limits of insurance specified in a expenses,is the General Aggregate Limit written contract,written agreement or shown in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision;orseparatelytoeachofyour"locations" b.The Limits of Insurance shown in the owned by or rented to you. Declarations."Location"means premises involving the Such amount shall be a part of and not in same or connecting lots,or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street,roadway or right-of-way of a railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands,notices,summonses or applies to any claim or "suit",the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2)Authorize us to obtain records and applicable to such claim or "suit".However,this other information;paragraph does not apply to the Medical Expenses (3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit";and separately to each consecutive annual period and to (4)Assist us,upon our request,in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations,unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months.In that case,the additional period will be may also apply.deemed part of the last preceding period for purposes d.Obligations At The Insured's Own CostofdeterminingtheLimitsofInsurance. No insured will,except at that insured's ownE.LIABILITY AND MEDICAL EXPENSES cost,voluntarily make a payment,assumeGENERAL CONDITIONS any obligation,or incur any expense,other than for first aid,without our consent.1.Bankruptcy e.Additional Insured's Other InsuranceBankruptcyorinsolvencyoftheinsuredorof the insured's estate will not relieve us of our If we cover a claim or "suit"under this obligations under this Coverage Part.Coverage Part that may also be covered by other insurance available to an 2.Duties In The Event Of Occurrence, additional insured,such additional insured Offense, Claim Or Suit must submit such claim or "suit"to the a.Notice Of Occurrence Or Offense other insurer for defense and indemnity.You or any additional insured must see to However,this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence"or an written contract,written agreement or offense which may result in a claim.To permit that this insurance is primary and the extent possible,notice should include:non-contributory with the additional (1)How,when and where the "occurrence"insured's own insurance. or offense took place;f.Knowledge Of An Occurrence,Offense,(2)The names and addresses of any Claim Or Suitinjuredpersons and witnesses;and a.b.Paragraphs and apply to you or to (3)The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence",offense,claim or "suit"is "occurrence"or offense.known to: b.Notice Of Claim (1)You or any additional insured that is an individual;If a claim is made or "suit"is brought against any insured,you or any additional (2)Any partner,if you or an additional insured must:insured is a partnership; (1)Immediately record the specifics of the (3)Any manager,if you or an additional claim or "suit"and the date received; insured is a limited liability company; and (4)Any "executive officer"or insurance (2)Notify us as soon as practicable.manager,if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5)Any trustee,if you or an additional claim or "suit" as soon as practicable.insured is a trust;or c.Assistance And Cooperation Of The (6)Any elected or appointed official, if you Insured or an additional insured is a political subdivision or public entity.You and any other involved insured must: Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM f.(3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured.upon your representations. 3.Financial Responsibility Laws b.Unintentional Failure To Disclose Hazardsa.When this policy is certified as proof of financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law,the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part,we shall not deny any liability and "property damage"liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7.Other Insuranceinsurance required by that law.If other valid and collectible insurance is b.With respect to "mobile equipment"to available for a loss we cover under this which this insurance applies,we will Coverage Part,our obligations are limited as provide any liability,uninsured motorists, follows:underinsured motorists,no-fault or other a.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.We will provide the required limits for This insurance is primary except when those coverages.below applies.If other insurance is also primary,we will share with all that other 4.Legal Action Against Us c.insurance by the method described inNopersonororganizationhasarightunder below.this Coverage Form: b.Excess Insurancea.To join us as a party or otherwise bring us This insurance is excess over any of the into a "suit"asking for damages from an other insurance,whether primary,excess, insured;or contingent or on any other basis:b.To sue us on this Coverage Form unless (1)Your Workallofitstermshavebeenfullycomplied with.That is Fire,Extended Coverage, Builder's Risk,Installation Risk or A person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured;but we will not be liable for (2)Premises Rented To You damages that are not payable under the terms of That is fire,lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance.An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner;liability signed by us,the insured and the (3)Tenant Liabilityclaimantortheclaimant's legal representative. That is insurance purchased by you to 5.Separation Of Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage"to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured,this with permission of the owner;insurance applies: (4)Aircraft,Auto Or Watercrafta.As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured;and or use of aircraft, "autos" or watercraft tob.Separately to each insured against whom g.the extent not subject to Exclusion ofaclaimismadeor "suit"is brought.A.Section –Coverages. 6.Representations (5)Property Damage To Borrowed a.When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree:If the loss arises out of "property damage"to borrowed equipment or (1)The statements in the Declarations the use of elevators to the extent not are accurate and complete; k.A.subject to Exclusion of Section –(2)Those statements are based upon Coverages.representations you made to us; and Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6)When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance,we will pay only our share of Insurance the amount of the loss,if any,that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations,for which you have been (2)The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7)When You Add Others As An We will share the remaining loss,if any, withAdditionalInsuredToThis any other insurance that is not described inInsurancethis Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the Declarations of this Coverage Part.However,the following provisions c.Method Of Sharingapplytootherinsuranceavailableto any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:this method also.Under this approach, (a)Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary.If other contribution by equal shares,we will insurance is also primary,we will contribute by limits.Under this method,each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below.applicable limits of insurance of all insurers. (b)Primary And Non-Contributory 8.Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a.Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,written agreement or part of any payment,including permit that this insurance is Supplementary Payments,we have made primary and non-contributory with under this Coverage Part,those rights aretheadditionalinsured's own transferred to us.The insured must do insurance,this insurance is nothing after loss to impair them.At our primary and we will not seek request,the insured will bring "suit"or contribution from that other transfer those rights to us and help us insurance.enforce them.This condition does not (a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)additional insured.If the insured has waived any rights of When this insurance is excess,we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments,we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit".If no other also waive that right,provided the insured insurer defends,we will undertake to do waived their rights of recovery againstso,but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM 3.Additional Insured -Grantor Of FranchiseF.OPTIONAL ADDITIONAL INSURED C.WHO IS AN INSURED under Section isCOVERAGES amended to include as an additional insured If listed or shown as applicable in the Declarations,the person(s)or organization(s)shown in the one or more of the following Optional Additional Declarations as an Additional Insured -Insured Coverages also apply. When any of these Grantor Of Franchise,but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you.6.Paragraph (Additional Insureds When Required 4.Additional Insured -Lessor Of LeasedbyWrittenContract,Written Agreement or Permit) EquipmentC.of Section ,Who Is An Insured,does not apply to the person or organization shown in the a.C.WHO IS AN INSURED under Section is Declarations.These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s)or organization(s) Liability Coverage in this policy,except as shown in the Declarations as an Additional provided below:Insured –Lessor of Leased Equipment, but only with respect to liability for "bodily 1.Additional Insured -Designated Person Or injury","property damage"or "personal Organization and advertising injury"caused,in whole or C.WHO IS AN INSURED under Section is in part,by your maintenance,operation oramendedtoincludeasanadditionalinsured use of equipment leased to you by such the person(s)or organization(s)shown in the person(s)or organization(s).Declarations,but only with respect to liability b.With respect to the insurance afforded to for "bodily injury","property damage"or these additional insureds,this insurance "personal and advertising injury"caused,in does not apply to any "occurrence"which whole or in part,by your acts or omissions or takes place after you cease to lease that the acts or omissions of those acting on your equipment.behalf: 5.Additional Insured -Owners Or Other a.In the performance of your ongoing Interests From Whom Land Has Been operations; or Leasedb.In connection with your premises owned a.C. WHO IS AN INSURED under Section is by or rented to you. amended to include as an additional 2.Additional Insured -Managers Or Lessors insured the person(s)or organization(s) Of Premises shown in the Declarations as an Additional a.C.WHO IS AN INSURED under Section is Insured – Owners Or Other Interests FromamendedtoincludeasanadditionalinsuredWhomLandHasBeenLeased,but only the person(s) or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured -ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations.ownership,maintenance or use of that part of b.With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds,the following Declarations.additional exclusions apply:b.With respect to the insurance afforded to This insurance does not apply to:these additional insureds,the following (1)Any "occurrence"that takes place additional exclusions apply: after you cease to lease that land;orThisinsurancedoes not apply to: (2)Structural alterations,new (1)Any "occurrence"which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization.(2)Structural alterations,new 6.Additional Insured -State Or Politicalconstructionordemolitionoperations Subdivision –Permitsperformedbyoronbehalfofsuch a.C.WHO IS AN INSURED under Section ispersonor organization. amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (e)Insured –State Or Political Subdivision -Any failure to make such Permits,but only with respect to inspections,adjustments,tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit.make in the usual course of business,in connection with theb.With respect to the insurance afforded to distribution or sale of the products;these additional insureds,the following (f)Demonstration,installation, additional exclusions apply: servicing or repair operations, This insurance does not apply to:except such operations performed (1)"Bodily injury","property damage"or at the vendor's premises in "personal and advertising injury" connection with the sale of thearisingoutofoperationsperformedfor product;the state or municipality;or (g)Products which,after distribution (2)"Bodily injury"or "property damage" or sale by you,have been labeled included in the "product-completed or relabeled or used as a operations"hazard.container,part or ingredient of any 7.Additional Insured –Vendors other thing or substance by or for the vendor; ora.C.WHO IS AN INSURED under Section is amended to include as an additional (h)"Bodily injury"or "property insured the person(s)or organization(s) damage"arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured -own acts or omissions or those of Vendor,but only with respect to "bodily its employees or anyone else injury"or "property damage"arising out of acting on its behalf. However, this "your products"which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i)The exceptions contained in business and only if this Coverage Part (d)(f)Subparagraphs or ;orprovidescoveragefor"bodily injury"or (ii)Such inspections, "property damage"included within the adjustments,tests or servicing "products-completed operations hazard".as the vendor has agreed to b.The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions:to make in the usual course of (1)This insurance does not apply to:business,in connection with the distribution or sale of the (a)"Bodily injury"or "property products.damage"for which the vendor is obligated to pay damages by (2)This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products,or any ingredient,part or liability for damages that the container,entering into, vendor would have in the absence accompanying or containing such of the contract or agreement;products. (b)Any express warranty 8.Additional Insured –Controlling Interest unauthorized by you;C.WHO IS AN INSURED under Section is (c)Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s)or organization(s)shown in the by the vendor;Declarations as an Additional Insured – Controlling Interest,but only with respect to (d)Repackaging,unless unpacked their liability arising out of:solely for the purpose of inspection, demonstration,testing,or the a.Their financial control of you;or substitution of parts under b.Premises they own,maintain or control instructions from the manufacturer,while you lease or occupy these premises.and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional D.alterations,new construction and demolition insureds are described in Section –Limits Of operations performed by or for that person or Insurance. organization.How this insurance applies when other insurance 9.Additional Insured –Owners,Lessees Or is available to an additional insured is described in Contractors –Scheduled Person Or E.the Other Insurance Condition in Section – Organization Liability And Medical Expenses General Conditions.a.C. WHO IS AN INSURED under Section is amended to include as an additional G.LIABILITY AND MEDICAL EXPENSES insured the person(s)or organization(s) DEFINITIONSshown in the Declarations as an Additional 1."Advertisement"means the widespread public Insured –Owner,Lessees Or Contractors, dissemination of information or images that but only with respect to liability for "bodily has the purpose of inducing the sale of goods, injury","property damage"or "personal products or services through:and advertising injury"caused,in whole or in part,by your acts or omissions or the a. (1)Radio; acts or omissions of those acting on your (2)Television;behalf:(3)Billboard; (1)In the performance of your ongoing (4)Magazine;operations for the additional (5)Newspaper;insured(s);or b.The Internet,but only that part of a web (2)In connection with "your work" site that is about goods,products or performed for that additional insured services for the purposes of inducing the and included within the "products-sale of goods, products or services; orcompletedoperationshazard",but c.Any other publication that is given only if this Coverage Part provides widespread public distribution.coverage for "bodily injury"or "property damage"included within the However, "advertisement"does not include:"products-completed operations a.The design,printed material,information hazard".or images contained in,on or upon the b.With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds,this insurance products;or does not apply to "bodily injury","property b.An interactive conversation between ordamage"or "personal an advertising among persons through a computer network.injury"arising out of the rendering of,or 2."Advertising idea"means any idea for an the failure to render,any professional "advertisement".architectural,engineering or surveying services,including:3."Asbestos hazard"means an exposure or threat of exposure to the actual or alleged(1)The preparing,approving,or failure to properties of asbestos and includes the mere prepare or approve,maps,shop presence of asbestos in any form.drawings,opinions,reports,surveys, field orders, change orders, designs or 4."Auto"means a land motor vehicle,trailer or drawings and specifications; or semi-trailer designed for travel on public roads,including any attached machinery or (2)Supervisory,inspection,architectural equipment.But "auto"does not include or engineering activities. "mobile equipment".10.Additional Insured –Co-Owner Of Insured 5."Bodily injury" means physical:Premises a.Injury;C.WHO IS AN INSURED under Section is amended to include as an additional insured b.Sickness; or the person(s)or Organization(s)shown in the c.DiseaseDeclarationsasanAdditionalInsured–Co- sustained by a person and,if arising out of the Owner Of Insured Premises,but only with above, mental anguish or death at any time.respect to their liability as co-owner of the premises shown in the Declarations.6."Coverage territory"means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a.b.The United States of America (including its You have failed to fulfill the terms of a territories and possessions),Puerto Rico contract or agreement; and Canada;if such property can be restored to use by: b.International waters or airspace, but only if a.The repair,replacement,adjustment or the injury or damage occurs in the course removal of "your product"or "your work"; of travel or transportation between any ora.places included in above;b.Your fulfilling the terms of the contract or c.All other parts of the world if the injury or agreement.damage arises out of:12."Insured contract"means:(1)Goods or products made or sold by you a.A contract for a lease of premises. a.in the territory described in above;However,that portion of the contract for a (2)The activities of a person whose home lease of premises that indemnifies any aisintheterritorydescribedin. person or organization for damage by fire, above,but is away for a short time on lightning or explosion to premises whileyourbusiness; or rented to you or temporarily occupied by (3)"Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section D.communication –Liability and Medical Expenses Limits of Insurance.provided the insured's responsibility to pay b.damages is determined in the United States of A sidetrack agreement; America (including its territories and c.Any easement or license agreement, possessions),Puerto Rico or Canada,in a including an easement or license "suit"on the merits according to the agreement in connection with construction substantive law in such territory,or in a or demolition operations on or within 50 settlement we agree to.feet of a railroad; 7."Electronic data"means information,facts or d.Any obligation,as required by ordinance, programs:to indemnify a municipality,except in a.Stored as or on;connection with work for a municipality; b.Created or used on; or e.An elevator maintenance agreement; or c.Transmitted to or from f.That part of any other contract or agreement pertaining to your business computer software,including systems and (including an indemnification of a applications software,hard or floppy disks, municipality in connection with work CD-ROMS,tapes,drives,cells,data performed for a municipality)under whichprocessingdevicesoranyothermediawhich you assume the tort liability of another are used with electronically controlled party to pay for "bodily injury"or "property equipment. damage"to a third person or organization, 8."Employee"includes a "leased worker". provided the "bodily injury"or "property "Employee"does not include a "temporary damage"is caused,in whole or in part,by worker".you or by those acting on your behalf. 9."Executive officer"means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter,constitution,by-laws or any other contract or agreement. similar governing document.f.Paragraph includes that part of any 10."Hostile fire"means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury"or "property intended to be.damage"arising out of construction or demolition operations within 50 feet of any 11."Impaired property"means tangible property, railroad property and affecting any railroad other than "your product"or "your work",that bridge or trestle,tracks,road-beds,tunnel, cannot be used or is less useful because: underpass or crossing.a.It incorporates "your product"or "your work" f.However,Paragraph does not include that is known or thought to be defective, that part of any contract or agreement:deficient,inadequate or dangerous;or Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1)(1)That indemnifies an architect, Power cranes,shovels,loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of:(2)Road construction or resurfacing (a)Preparing,approving or failing to equipment such as graders,scrapers prepare or approve maps,shop or rollers; drawings,opinions,reports, e.a.b.c.d.Vehicles not described in ,,,or surveys,field orders,change above that are not self-propelled and are orders,designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b)Giving directions or instructions, following types: or failing to give them,if that is the (1)Air compressors,pumps and primary cause of the injury or generators,including spraying, damage;or welding,building cleaning, (2)Under which the insured,if an geophysical exploration,lighting and architect,engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2)Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers;rendering or failure to render f.a.b.c.d.Vehicles not described in ,,,orprofessionalservices,including those above maintained primarily for purposes (1)listed in above and supervisory, other than the transportation of persons orinspection,architectural or cargo.engineering activities. However,self-propelled vehicles with the13."Leased worker"means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment"but agreement between you and the labor leasing will be considered "autos":firm, to perform duties related to the conduct of (1)Equipment,of at least 1,000 pounds your business."Leased worker"does not gross vehicle weight,designedincludea "temporary worker". primarily for:14."Loading or unloading"means the handling of (a)Snow removal;property: (b)Road maintenance,but not a.After it is moved from the place where it is construction or resurfacing;oracceptedformovementintoorontoan aircraft,watercraft or "auto";(c)Street cleaning; b.While it is in or on an aircraft, watercraft or (2)Cherry pickers and similar devices "auto";or mounted on automobile or truck chassis and used to raise or lower c.While it is being moved from an aircraft, workers; andwatercraftor"auto"to the place where it is finally delivered;(3)Air compressors,pumps and generators,including spraying, but "loading or unloading"does not include the welding,building cleaning, movement of property by means of a mechanical geophysical exploration,lighting and device,other than a hand truck,that is not well servicing equipment.attached to the aircraft,watercraft or "auto". 16."Occurrence"means an accident,including15."Mobile equipment" means any of the following continuous or repeated exposure to substantiallytypesoflandvehicles,including any attached the same general harmful conditions.machinery or equipment: 17."Personal and advertising injury" means injury, a.Bulldozers,farm machinery,forklifts and including consequential "bodily injury",arising other vehicles designed for use principally out of one or more of the following offenses:off public roads; a.False arrest, detention or imprisonment;b.Vehicles maintained for use solely on or next to premises you own or rent;b.Malicious prosecution; c.Vehicles that travel on crawler treads; d.Vehicles,whether self-propelled or not,on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c.The wrongful eviction from,wrongful entry Work that may need service,maintenance, into,or invasion of the right of private correction,repair or replacement,but occupancy of a room,dwelling or which is otherwise complete,will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury"or "property damage" landlord or lessor;must occur away from premises you own d.Oral,written or electronic publication of or rent,unless your business includes the material that slanders or libels a person or selling,handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods, products or services;own or rent. e.b.Oral,written or electronic publication of Does not include "bodily injury"or material that violates a person's right of "property damage" arising out of: privacy;(1)The transportation of property,unless f.Copying,in your "advertisement",a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement";or operated by you,and that condition was created by the "loading org.Infringement of copyright, slogan, or title of unloading"of that vehicle by any any literary or artistic work,in your insured;or"advertisement"; or (2)The existence of tools,uninstalled h.Discrimination or humiliation that results in equipment or abandoned or unusedinjurytothefeelingsorreputationofa materials.natural person. 20."Property damage" means:18."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,a.Physical injury to tangible property, vapor,soot,fumes,acids,alkalis,chemicals and including all resulting loss of use of that waste.Waste includes materials to be recycled,property.All such loss of use shall be reconditioned or reclaimed.deemed to occur at the time of the physical injury that caused it; or19."Products-completed operations hazard"; b.Loss of use of tangible property that is not a.Includes all "bodily injury"and "property physically injured.All such loss of use damage"occurring away from premises shall be deemed to occur at the time of you own or rent and arising out of "your "occurrence"that caused it.product" or "your work"except: As used in this definition,"electronic data"is (1)Products that are still in your physical not tangible property.possession;or 21."Suit"means a civil proceeding in which(2)Work that has not yet been completed damages because of "bodily injury","property or abandoned.However,"your work" damage"or "personal and advertising injury" will be deemed to be completed at the to which this insurance applies are alleged. earliest of the following times: "Suit"includes:(a)When all of the work called for in a.An arbitration proceeding in which such your contract has been completed. damages are claimed and to which the (b)When all of the work to be done at insured must submit or does submit withthejobsitehasbeencompletedif our consent; oryourcontractcallsforworkat b.Any other alternative dispute resolution more than one job site. proceeding in which such damages are (c)When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent.intended use by any person or 22."Temporary worker"means a person who is organization other than another furnished to you to substitute for a permanentcontractororsubcontractor "employee"on leave or to meet seasonal or working on the same project. short-term workload conditions. 23."Volunteer worker" means a person who: a.Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b.(2)Donates his or her work;The providing of or failure to provide warnings or instructions.c.Acts at the direction of and within the c.scope of duties determined by you;and Does not include vending machines or d.Is not paid a fee,salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you.25."Your work": 24."Your product":a.Means: a.Means:(1)Work or operations performed by you (1)Any goods or products,other than real or on your behalf;and property, manufactured, sold, handled, (2)Materials,parts or equipment distributed or disposed of by:furnished in connection with such work (a)You;or operations. (b)b.Others trading under your name; Includes: or (1)Warranties or representations made at (c)A person or organization whose any time with respect to the fitness, business or assets you have quality,durability,performance or use acquired;and of "your work";and (2)(2)Containers (other than vehicles), The providing of or failure to provide materials,parts or equipment warnings or instructions. furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality,durability,performance or use of "your product"; and Page 24 of 24 Form SS 00 08 04 05 NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm August 31, 2022 Justin T. Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: Town of Fountain Hills Grande - Rosita Drainage Improvements Scope of Work and Fee Proposal Dear Mr. Weldy, NFra Inc. is pleased to provide professional civil engineering design services for the Grande-Rosita Drainage Improvements Project for the Town of Fountain Hills. Our scope of services and fees are based upon our understanding of the project from our email correspondence and field visit on March 4, 2022. Our understanding is NFra will provide drainage design services to alleviate drainage issues with the unlined ditch that conveys storm water runoff from Grande Boulevard to Rosita Drive. Drainage improvements will include new scuppers and replacing the natural ditch with a concrete lined ditch to reduce erosion and frequent maintenance. NFra’s fee for professional civil engineering design services for the work as described above will be for the total amount of $37,467.00. This includes fees from our subconsultant, Consultant Registered Surveying, Inc. for survey and preparation of legal descriptions and exhbits. We are looking forward to working with the Town of Fountain Hills on this project. If you have any questions, please feel free to contact me at (602) 443-6066 or rweyrauch@nfrainc.us. Sincerely, Randy Weyrauch, P.E. Project Manager L:\Project Management\Fountain Hills\Grande-Rosita\Fountain Hills Grande-Rosita Ltr 083122.doc NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 1 of 3 CLIENT: TOWN OF FOUNTAIN HILLS PROJECT LOCATION: DITCH BETWEEN GRANDE BOULEVARD AND ROSITA DRIVE PROJECT NAME: GRANDE BLVD – ROSITA DRIVE DRAINAGE IMPROVEMENTS SCOPE OF WORK – DESIGN PHASE A. PROJECT UNDERSTANDING This Town of Fountain Hills project will construct new drainage improvements to improve an unlined ditch between Grande Boulevard and Rosita Drive to address past and future flooding concerns as well as frequent maintenance issues. Improvements will include replacing the existing unlined dirt ditch with a concrete lined u-shaped ditch to convey storm water runoff from Grande Boulevard to Rosita Drive. B. NFra Inc. (NFra) TASKS NFra will design and provide drainage design plans and opinion of probable cost for the drainage improvements. NFra will conduct a site investigation to understand the existing features that will be impacted by the proposed improvements. Project will be coordinated with the Maricopa County Flood Control District (FCD) since the project is partially funded by a FCD grant. Task 100: Drainage Design Services: Grande Boulevard to Rosita Drive Drainage Improvements: NFra will provide drainage design services and prepare construction documents for the following improvements:  Remove existing curb and gutter and replace with a new scupper on Grande Boulevard.  Add a new concrete lined u-shaped ditch to replace the existing dirt lined ditch. The concrete ditch will include a safety rail on top of the vertical walls.  The Town has removed existing trees and tree stumps that are within the proposed drainage improvements. Existing ditch will be cleared and grubbed.  The existing sanitary sewer line will need to be protected in place. Ditch may need to meander to avoid conflicts with a manhole. Sewer depth will be determined with survey.  Add a new reverse pan scupper or curb opening at ditch outlet onto Rosita Drive. A baffle system will be considered with the concrete lined option to reduce velocities.  Existing driveways and paver areas will be protected in place. Submittals: All submittals will be made to the Town for their distribution to project stakeholders for review as the design progresses. The final submittal will include sealed documents for construction. Construction drawings will be submitted to the Town in NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 2 of 3 electronic format, saved to 22" x 34" (ANSI “D” size) for plotting at true half size (11" x 17") pdf’s. Submittals will occur at the following stages:  Pre 60% Submittal: NFra will prepare a roll plot with plan view and profile for the Town to coordinate with property owners for drainage easement acquisition and right-of-entry.  60% Submittal: NFra will submit CAD files, pdfs of the design plans, and opinion of probable construction costs to the Town.  100% Submittal: NFra will submit CAD files, pdfs of the design plans, and opinion of probable construction costs to the Town.  Final Submittal, Sealed: NFra will submit CAD files, sealed pdfs (22" x 34" and 11" x 17") of the design plans, 22" x 34" sealed plan sheets on bond paper, and final opinion of probable construction costs to the Town. Task 200: Coordination / Meetings: NFra will provide the following coordination and attend meetings to discuss and resolve conflicts with the project improvements.  FCD: NFra will coordinate the design and plan reviews with FCD to obtain their input and approval.  Utilities: NFra will coordinate with each identified utility to confirm no conflicts exist with the proposed improvements. Utilities will be relocated if needed. Potholes are not anticipated for the design.  Site Visits: NFra will perform a site investigation to identify and confirm existing features and potential conflicts. Two representatives from NFra will conduct the site visit which is anticipated to be two hours in length.  Town Meetings: NFra will meet Town representatives at the project site to review design plans and to clarify project impacts and constructability items. Other coordination will be handled with email correspondence, phone conversations, or in person meetings. Task 300: Quantities / Estimates / QC: NFra will prepare quantities and opinion of probable cost for the project. NFra will conduct internal quality control on all plans and calculations prior to each submittal to ensure conformance to project requirements. NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 3 of 3 Task 400: Topographic Survey: Topographic survey will be provided by Consultant Registered Surveying, Inc (CRS). See Attachment B for CRS’s scope of work and fee proposal. Task 500: Legal Descriptions and Exhibits: Four legal descriptions and exhibits will be prepared by Consultant Registered Surveying, Inc (CRS) to convey drainage easements to Town ownership. See Attachment C for CRS’s scope of work and fee proposal. C. ASSUMPTIONS 1. Geotechnical investigations and reports will not be required. 2. No new right-of-way is required. The Town will obtain right-of-entry for the improvements. 3. SWPPP will not be required. 4. Public meetings are not required. 5. Permitting, permitting fees, review fees, or other design related fees are not included in NFra’s scope of work or expenses. 6. Environmental Clearance is not required. 7. NFra is not responsible for construction testing or inspections, including material testing. 8. Drainage report or memorandum is not required. 9. Offsite drainage analysis is not required. 10. Post design services are not included with this proposal. D. COMPENSATION Compensation will be on a not to exceed basis: Design Service Fee: $37,467.00 E. SCHEDULE Design schedule will be approximately three months from the time survey is received after Notice to Proceed. Attachment A NFra Inc. Client: Town of Fountain Hills Project: Grande Boulevard - Rosita Drive Drainage Improvements Design Cost Proposal ESTIMATED DIRECT LABOR (GRANDE-ROSITA DRAINAGE) Estimated Avg. Hourly Labor Classification Labor Hours Rate Cost Project Manager 36 $200.00 $7,200 Senior Project Engineer 100 $175.00 $17,500 Designer / Technician 68 $123.00 $8,364 204 Total Estimated Labor $33,064 ESTIMATED DIRECT EXPENSES Mileage - 3 Trips at 65 Miles x 0.625 $122 Total Estimate Expenses $122 ESTIMATED SUBCONSULTANT DIRECT LABOR & EXPENSES Consultant Registered Surveying, Inc (Survey) - Task 400 $1,650 Consultant Registered Surveying, Inc (LD&E) - Task 500 $2,640 SUBTOTAL SUBCONSULTANTS $4,290 TOTAL ESTIMATED COST $37,476 8/31/2022 CONSULTANT SIGNATURE DATE FIGURES ROUNDED TO THE NEAREST DOLLAR 8/31/2022 Attachment A NFra Inc. Client: Town of Fountain Hills Project: Grande - Rosita Drainage Improvements Design Cost Proposal Town of Fountain Hills: Grande Blvd - Rosita Drive Drainage Improvements HOURS TOTAL SHEETS PER SHEET HOURS TASK 100: Drainage Design Services Cover Sheet / General Notes / Legend / Typical Section 1 14.0 14 2 66 FCD General Notes and Details 2 5.0 10 2 4 4 Drainage Plan and Profile Sheets 2 44.0 88 6 50 32 Miscellaneous Details Sheet (Drainage Structure, Grading, Misc)2 24.0 48 6 20 22 TASK 200: Coordination / Meetings FCD Coordination 2020 Utility Coordination 6042 Site Visit 6330 Town Meeting - Field Review 6330 General Administration / Coordination 6600 TASK 300: Quantities / Estimate / QC Quantities, Cost Estimate and QC 12462 TASK 400: Surveying Coordination with CRS 4220 TASK 500: Legal Descriptions and Exhibits (4 Parcels) Coordination with CRS 2200 TOTAL FOR GRANDE - ROSITA 204 36 100 68 Project Manager Senior Engineer Designer / Technician 8/31/2022 ATTACHMENT B Randy Weyrauch Vice President ATTACHMENT B ATTACHMENT B Randy Weyrauch Vice President ATTACHMENT C ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD NFRAI-1 OP ID: TA 08/31/2022 Teresa Alvarado Stuckey Ins & Assoc Agencies 2850 E Camelback Rd, Suite 325 Phoenix, AZ 85016 Mary Lodwick 602-264-5533 602-279-9336 teresa.alvarado@stuckeyinsurance.com Hartford Casualty Insurance Co Twin City Fire Ins Co NFra Inc77 E Thomas Rd. #200Phoenix, AZ 85012 Hartford Fire Ins Co A X 2,000,000 X X 84SBWBV6109 09/01/2022 09/01/2023 300,000 10,000 2,000,000 4,000,000 X 4,000,000 2,000,000A 84SBWBV6109 09/01/2022 09/01/2023 X X XX 1,000,000A 84SBWBV6109 09/01/2022 09/01/2023 1,000,000 10000X XB 84WEGNQ7012 09/01/2022 09/01/2023 1,000,000 N 1,000,000 1,000,000 C 59OH0394142-22 09/01/2022 09/01/2023 Per Claim 2,000,000 Aggregate 2,000,000 Professional Liability - Claims Made - Retro date Full prior acts RE: Grande Boulevard to Rosita Drive Drainage Improvements Town of Fountain Hills is named as additional insured as respects to general liability. TOWNF-2 Town of Fountain Hills 16705 East Ave of the Fountain Fountain Hills, AZ 85268 602-264-5533 29424 29459 19682 Professional Liab BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 1Business Liability 2Medical Expenses 2Coverage Extension - Supplementary Payments B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15Bankruptcy 2.15Duties In The Event Of Occurrence, Offense, Claim Or Suit 3.16Financial Responsibility Laws 4.16Legal Action Against Us 5.16Separation Of Insureds 6.16Representations 7.16Other Insurance 8.17Transfer Of Rights Of Recovery Against Others To Us F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 18Additional Insureds G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 ABCDEFGHIJ BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. CThe word "insured" means any person or organization qualifying as such under Section . - Who Is An Insured. GOther words and phrases that appear in quotation marks have special meaning. Refer to Section . - Liability And Medical Expenses Definitions. (a)The "bodily injury" or "propertyA. COVERAGES damage" is caused by an1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in theINJURY, PROPERTY DAMAGE, PERSONAL "coverage territory";AND ADVERTISING INJURY) (b)The "bodily injury" or "propertyInsuring Agreement damage" occurs during the policy a.We will pay those sums that the insured period; and becomes legally obligated to pay as (c)Prior to the policy period, no insureddamages because of "bodily injury",1.listed under Paragraph of Section"property damage" or "personal and C.– Who Is An Insured and noadvertising injury" to which this insurance "employee" authorized by you to giveapplies. We will have the right and duty to or receive notice of an "occurrence"defend the insured against any "suit"or claim, knew that the "bodily injury"seeking those damages. However, we will or "property damage" had occurred,have no duty to defend the insured against in whole or in part. If such a listedany "suit" seeking damages for "bodily insured or authorized "employee"injury", "property damage" or "personal and knew, prior to the policy period, thatadvertising injury" to which this insurance the "bodily injury" or "propertydoesnot apply.damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But:damage" during or after the policy period will be deemed to have been(1)The amount we will pay for damages is known prior to the policy period.D.limited as described in Section - (2)To "personal and advertising injury"Liability And Medical Expenses Limits caused by an offense arising out of yourOf Insurance; and business, but only if the offense was(2)Our right and duty to defend ends when committed in the "coverage territory"we have used up the applicable limit of during the policy period.insurance in the payment of judgments, c."Bodily injury" or "property damage" will besettlements or medical expenses to which deemed to have been known to havethis insurance applies. occurred at the earliest time when anyNo other obligation or liability to pay sums or 1.insured listed under Paragraph of Sectionperform acts or services is covered unless C.–Who Is An Insured or any "employee"explicitly provided for under Coverage authorized by you to give or receive noticeExtension - Supplementary Payments. of an "occurrence" or claim:b.This insurance applies: (1)Reports all, or any part, of the "bodily(1)To "bodily injury" and "property injury" or "property damage" to us ordamage" only if:any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2)b.Receives a written or verbal demand or We will make these payments regardless of claim for damages because of the "bodily fault.These payments will not exceed the injury"or "property damage";or applicable limit of insurance.We will pay reasonable expenses for:(3)Becomes aware by any other means that (1)"bodily injury"or "property damage"has First aid administered at the time of an occurred or has begun to occur.accident; d.(2)Damages because of "bodily injury"include Necessary medical,surgical,x-ray and damages claimed by any person or dental services,including prosthetic organization for care,loss of services or devices;and death resulting at any time from the "bodily (3)Necessary ambulance,hospital, injury".professional nursing and funeral e.Incidental Medical Malpractice services. (1)"Bodily injury"arising out of the 3.COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a.We will pay,with respect to any claim or physician,dentist,nurse,emergency "suit"we investigate or settle,or any "suit" medical technician or paramedic shall against an insured we defend:be deemed to be caused by an (1)All expenses we incur."occurrence", but only if: (2)Up to $1,000 for the cost of bail bonds (a)The physician,dentist,nurse, required because of accidents or traffic emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehicle to which Business Liability provide such services; and Coverage for "bodily injury"applies. We (b)You are not engaged in the do not have to furnish these bonds.business or occupation of providing (3)The cost of appeal bonds or bonds to such services. release attachments,but only for bond (2)For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance.We do not have to furnish malpractice,any act or omission these bonds.together with all related acts or (4)All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence"."suit",including actual loss of earnings 2.MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a.We will pay medical expenses as described (5)All costs taxed against the insured in below for "bodily injury"caused by an the "suit". accident:(6)Prejudgment interest awarded against (1)On premises you own or rent;the insured on that part of the judgment we pay.If we make an offer to pay the (2)On ways next to premises you own or applicable limit of insurance,we will not rent;or pay any prejudgment interest based on (3)Because of your operations;that period of time after the offer. provided that:(7)All interest on the full amount of any (1)The accident takes place in the judgment that accrues after entry of the "coverage territory"and during the judgment and before we have paid, policy period;offered to pay,or deposited in court the part of the judgment that is within the (2)The expenses are incurred and reported applicable limit of insurance.to us within three years of the date of the accident; and (1)(7)Any amounts paid under through above will not reduce the limits of insurance.(3)The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b.If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys'fees incurred by us in the named as a party to the "suit",we will defense of that indemnitee,necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met:necessary litigation expenses incurred by the indemnitee at our request will be(1)The "suit"against the indemnitee paid as Supplementary Payments.seeks damages for which the insured has assumed the liability of the Notwithstanding the provisions of 1.b.(b)B.indemnitee in a contract or agreement Paragraph of Section – that is an "insured contract";Exclusions,such payments will not be deemed to be damages for "bodily (2)This insurance applies to such liability injury"and "property damage"and will assumed by the insured; not reduce the Limits of Insurance.(3)The obligation to defend, or the cost of Our obligation to defend an insured's the defense of,that indemnitee,has indemnitee and to pay for attorneys'fees also been assumed by the insured in and necessary litigation expenses as the same "insured contract";Supplementary Payments ends when:(4)The allegations in the "suit"and the (1)We have used up the applicable limit information we know about the of insurance in the payment of "occurrence"are such that no conflict judgments or settlements; orappearstoexistbetweentheinterests (2)of the insured and the interest of the The conditions set forth above,or the indemnitee;terms of the agreement described in (6)Paragraph above,are no longer met.(5)The indemnitee and the insured ask us to conduct and control the defense B.EXCLUSIONS of that indemnitee against such "suit" 1.Applicable To Business Liability Coverageandagreethatwecanassignthe This insurance does not apply to:same counsel to defend the insured and the indemnitee;and a.Expected Or Intended Injury (6)The indemnitee:(1)"Bodily injury"or "property damage" expected or intended from the (a)Agrees in writing to: standpoint of the insured.This (i)Cooperate with us in the exclusion does not apply to "bodily investigation,settlement or injury"or "property damage"resulting defense of the "suit";from the use of reasonable force to (ii)Immediately send us copies of protect persons or property; or any demands,notices, (2)"Personal and advertising injury"arisingsummonsesorlegalpapers out of an offense committed by,at thereceivedinconnectionwith direction of or with the consent orthe "suit";acquiescence of the insured with the (iii)Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b.Contractual Liability (iv)Cooperate with us with (1)"Bodily injury"or "property damage";orrespecttocoordinatingother (2)"Personal and advertising injury"applicable insurance available to the indemnitee; and for which the insured is obligated to pay damages by reason of the assumption of(b)Provides us with written liability in a contract or agreement.authorization to: This exclusion does not apply to liability (i)Obtain records and other for damages because of:information related to the "suit"; and (a)"Bodily injury","property damage"or "personal and advertising injury"that(ii)Conduct and control the the insured would have in thedefenseoftheindemniteein absence of the contract orsuch"suit". agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b)(b)"Bodily injury"or "property damage"Performing duties related to the assumed in a contract or agreement conduct of the insured’s business,or that is an "insured contract",(2)The spouse,child,parent,brother or provided the "bodily injury"or sister of that "employee"as a "property damage"occurs (1)consequence of above. subsequent to the execution of the This exclusion applies:contract or agreement.Solely for (1)Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract",reasonable andattorneys'fees and necessary litigation expenses incurred by or for (2)To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury"or "property damage"This exclusion does not apply to liability provided:assumed by the insured under an "insured (i)Liability to such party for,or for contract". the cost of,that party’s defense f.Pollutionhasalsobeenassumedinthe(1)"Bodily injury","property damage"or same "insured contract",and "personal and advertising injury" (ii)Such attorneys'fees and arising out of the actual,alleged or litigation expenses are for threatened discharge,dispersal, defense of that party against a seepage,migration,release or escape civil or alternative dispute of "pollutants":resolution proceeding in which (a)At or from any premises,site or damages to which this location which is or was at anyinsurance applies are alleged.time owned or occupied by,or c.Liquor Liability rented or loaned to any insured. "Bodily injury"or "property damage"for However,this subparagraph does which any insured may be held liable by not apply to: reason of:(i)"Bodily injury"if sustained within (1)Causing or contributing to the a building and caused by intoxication of any person;smoke,fumes,vapor or soot produced by or originating from(2)The furnishing of alcoholic beverages to equipment that is used to heat,a person under the legal drinking age or cool or dehumidify the building,under the influence of alcohol;or or equipment that is used to(3)Any statute,ordinance or regulation heat water for personal use,byrelatingtothesale,gift,distribution or the building's occupants or theiruseofalcoholicbeverages.guests; This exclusion applies only if you are in the (ii)"Bodily injury"or "propertybusinessofmanufacturing,distributing,damage"for which you may beselling,serving or furnishing alcoholic held liable,if you are abeverages.contractor and the owner ord.Workers'Compensation And Similar lessee of such premises,site orLawslocation has been added to your Any obligation of the insured under a policy as an additional insured workers'compensation,disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law.additional insured at that premises,site or location ande.Employer’s Liability such premises,site or location"Bodily injury" to: is not and never was owned or(1)An "employee"of the insured arising occupied by,or rented orout of and in the course of:loaned to,any insured,other (a)Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii)"Bodily injury"or "property released as part of the damage"arising out of heat, operations being performed smoke or fumes from a by such insured,contractor or "hostile fire";subcontractor; (b)(ii)At or from any premises,site or "Bodily injury"or "property location which is or was at any damage"sustained within a time used by or for any insured or building and caused by the others for the handling,storage, release of gases,fumes or disposal,processing or treatment vapors from materials brought of waste;into that building in connection with operations being performed(c)Which are or were at any time by you or on your behalf by atransported,handled,stored, contractor or subcontractor;ortreated,disposed of,or processed (iii)as waste by or for:"Bodily injury"or "property damage"arising out of heat, (i)Any insured; or smoke or fumes from a (ii)Any person or organization for "hostile fire"; orwhomyoumaybelegally (e)At or from any premises,site orresponsible;location on which any insured or any(d)At or from any premises,site or contractors or subcontractorslocationonwhichanyinsuredor working directly or indirectly on anyanycontractorsorsubcontractors insured’s behalf are performingworkingdirectlyorindirectlyon operations if the operations are toanyinsured's behalf are test for,monitor,clean up,remove,performing operations if the contain,treat,detoxify or neutralize,"pollutants"are brought on or to or in any way respond to,or assessthepremises,site or location in the effects of,"pollutants".connection with such operations (2)Any loss,cost or expense arising out by such insured,contractor or of any:subcontractor.However,this (a)subparagraph does not apply to:Request, demand, order or statutory or regulatory requirement that any(i)"Bodily injury"or "property insured or others test for,monitor,damage"arising out of the clean up,remove,contain,treat,escape of fuels,lubricants or detoxify or neutralize,or in any wayother operating fluids which are respond to,or assess the effects of,needed to perform the normal "pollutants";orelectrical,hydraulic or (b)mechanical functions Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts,damages because of testing for, if such fuels, lubricants or other monitoring,cleaning up, removing, operating fluids escape from a containing,treating,detoxifying or vehicle part designed to hold,neutralizing,or in any way store or receive them.This responding to,or assessing the exception does not apply if the effects of,"pollutants". "bodily injury"or "property However,this paragraph does not damage"arises out of the apply to liability for damages because intentional discharge,dispersal of "property damage"that the insured or release of the fuels,would have in the absence of such lubricants or other operating request,demand,order or statutory or fluids,or if such fuels,regulatory requirement,or such claim lubricants or other operating or "suit"by or on behalf of a fluids are brought on or to the governmental authority. premises,site or location with the intent that they be discharged,dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g.Aircraft,Auto Or Watercraft (2)The use of "mobile equipment"in,or while in practice or preparation for,a"Bodily injury"or "property damage"arising prearranged racing,speed or out of the ownership,maintenance,use or demolition contest or in any stunting entrustment to others of any aircraft,"auto"activity.or watercraft owned or operated by or rented i.Warorloanedtoanyinsured.Use includes operation and "loading or unloading"."Bodily injury","property damage"or This exclusion applies even if the claims "personal and advertising injury",however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision,hiring,(1)War,including undeclared or civil war;employment,training or monitoring of others (2)Warlike action by a military force, by that insured,if the "occurrence"which including action in hindering or caused the "bodily injury"or "property defending against an actual ordamage"involved the ownership,expected attack,by any government, maintenance,use or entrustment to others of sovereign or other authority usinganyaircraft,"auto"or watercraft that is military personnel or other agents; orownedoroperatedbyorrentedorloanedto (3)Insurrection,rebellion,revolution, any insured. usurped power,or action taken by This exclusion does not apply to:governmental authority in hindering or (1)A watercraft while ashore on premises defending against any of these.you own or rent;j.Professional Services(2)A watercraft you do not own that is:"Bodily injury","property damage"or (a)Less than 51 feet long; and "personal and advertising injury"arising out of the rendering of or failure to render (b)Not being used to carry persons any professional service.This includes for a charge; but is not limited to:(3)Parking an "auto"on,or on the ways (1)Legal,accounting or advertisingnextto,premises you own or rent, services;provided the "auto"is not owned by or rented or loaned to you or the insured;(2)Preparing,approving,or failing to prepare or approve maps,shop(4)Liability assumed under any "insured drawings,opinions,reports,surveys,contract"for the ownership, field orders,change orders,designs ormaintenanceoruseofaircraftor drawings and specifications;watercraft; (3)Supervisory,inspection,architectural (5)"Bodily injury"or "property damage" or engineering activities;arising out of the operation of any of f.(2)the equipment listed in Paragraph (4)Medical,surgical,dental,x-ray or f.(3)or of the definition of "mobile nursing services treatment,advice or equipment";or instruction; (6)An aircraft that is not owned by any (5)Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew.However,this (6)Any service,treatment,advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement,hair injury"or "property damage",whether removal or replacement or personal the other insurance is primary,excess,grooming;contingent or on any other basis. (7)Optical or hearing aid services h.Mobile Equipment including the prescribing,preparation, "Bodily injury"or "property damage" fitting,demonstration or distribution of arising out of:ophthalmic lenses and similar products or hearing aid devices;(1)The transportation of "mobile equipment" by an "auto"owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8)(1)(3)(4)Optometry or optometric services Paragraphs ,and of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing,damage"(other than damage by fire)to preparation,fitting,demonstration or premises,including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products;fewer consecutive days.A separate Limit of Insurance applies to Damage To (9)Any:Premises Rented To You as described in (a)Body piercing (not including ear D.Section -Limits Of Insurance.piercing);(2)Paragraph of this exclusion does not(b)Tattooing,including but not limited apply if the premises are "your work"and to the insertion of pigments into or were never occupied,rented or held for under the skin; and rental by you. (c)Similar services;(3) (4)Paragraphs and of this exclusion do (10)Services in the practice of pharmacy; not apply to the use of elevators. and (3)(4)(5)(6)Paragraphs ,,and of this (11)Computer consulting,design or exclusion do not apply to liability assumed programming services,including web under a sidetrack agreement. site design.(3)(4)Paragraphs and of this exclusion do (4)(5)Paragraphs and of this exclusion do not apply to "property damage"to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. 1.e.A.Paragraph in Section -Coverages.(6)Paragraph of this exclusion does not k.Damage To Property apply to "property damage" included in the "products-completed operations hazard"."Property damage" to: l.Damage To Your Product(1)Property you own,rent or occupy, including any costs or expenses "Property damage"to "your product" incurred by you,or any other person, arising out of it or any part of it. organization or entity,for repair, m.Damage To Your Workreplacement,enhancement, "Property damage"to "your work"arising restoration or maintenance of such out of it or any part of it and included in the property for any reason,including "products-completed operations hazard".prevention of injury to a person or damage to another's property;This exclusion does not apply if the damaged work or the work out of which (2)Premises you sell,give away or the damage arises was performed on your abandon,if the "property damage"arises behalf by a subcontractor.out of any part of those premises; n.Damage To Impaired Property Or (3)Property loaned to you;Property Not Physically Injured(4)Personal property in the care,custody "Property damage"to "impaired property" or control of the insured;or property that has not been physically (5)That particular part of real property on injured, arising out of:which you or any contractors or (1)A defect,deficiency,inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing or "your work"; oroperations,if the "property damage" (2)arises out of those operations;or A delay or failure by you or anyone acting on your behalf to perform a (6)That particular part of any property contract or agreement in accordance that must be restored,repaired or with its terms.replaced because "your work"was incorrectly performed on it.This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o.Recall Of Products,Work Or Impaired (c)Title of any literary or artistic work; Property (8)Arising out of an offense committed by Damages claimed for any loss,cost or an insured whose business is: (a)expense incurred by you or others for the Advertising,broadcasting, loss of use,withdrawal,recall,inspection, publishing or telecasting; repair,replacement,adjustment,removal (b)Designing or determining content or disposal of:of web sites for others;or (1)"Your product";(c)An Internet search,access, (2)"Your work";or content or service provider. (3)"Impaired property";However,this exclusion does not if such product,work or property is a.b.c.apply to Paragraphs ,and withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization G.advertising injury"in Section – because of a known or suspected defect, Liability And Medical Expenses deficiency,inadequacy or dangerous Definitions. condition in it.For the purposes of this exclusion, p.Personal And Advertising Injury placing an "advertisement"for or linking to others on your web site,by "Personal and advertising injury": itself,is not considered the business(1)Arising out of oral, written or electronic of advertising,broadcasting, publication of material,if done by or at publishing or telecasting;the direction of the insured with (9)Arising out of an electronic chat room knowledge of its falsity; or bulletin board the insured hosts, (2)Arising out of oral, written or electronic owns,or over which the insured publication of material whose first exercises control;publication took place before the (10)Arising out of the unauthorized use ofbeginningofthepolicy period; another's name or product in your e-mail(3)Arising out of a criminal act committed address,domain name or metatags,orbyor at the direction of the insured;any other similar tactics to mislead (4)Arising out of any breach of contract, another's potential customers; except an implied contract to use (11)Arising out of the violation of a another’s "advertising idea"in your person's right of privacy created by "advertisement";any state or federal act. (5)Arising out of the failure of goods, However,this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act;"advertisement"; (12)Arising out of:(6)Arising out of the wrong description of (a)An "advertisement"for others on the price of goods,products or services; your web site;(7)Arising out of any violation of any (b)Placing a link to a web site of intellectual property rights such as others on your web site;copyright,patent,trademark,trade name,trade secret,service mark or (c)Content from a web site of others other designation of origin or displayed within a frame or border authenticity.on your web site.Content includes information,code,sounds,text,However,this exclusion does not graphics or images;orapplytoinfringement,in your "advertisement",of (d)Computer code,software or programming used to enable:(a)Copyright; (i)Your web site; or(b)Slogan,unless the slogan is also a trademark,trade name,service (ii)The presentation or functionality mark or other designation of origin of an "advertisement"or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13)(a)Arising out of a violation of any anti-May be awarded or incurred by trust law;reason of any claim or suit alleging actual or threatened injury (14)Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks,bonds or other persons or property which would securities; or not have occurred in whole or in (15)Arising out of discrimination or part but for the "asbestos hazard";humiliation committed by or at the (b)Arise out of any request,demand, direction of any "executive officer", order or statutory or regulatory director,stockholder,partner or requirement that any insured or member of the insured. others test for,monitor,clean up, q.Electronic Data remove,encapsulate,contain, Damages arising out of the loss of,loss of treat,detoxify or neutralize or in use of,damage to,corruption of,inability any way respond to or assess the to access,or inability to manipulate effects of an "asbestos hazard"; or "electronic data".(c)Arise out of any claim or suit for r.Employment-Related Practices damages because of testing for, monitoring,cleaning up,removing,"Bodily injury"or "personal and advertising encapsulating,containing,treating,injury"to: detoxifying or neutralizing or in any(1)A person arising out of any:way responding to or assessing the (a)Refusal to employ that person;effects of an "asbestos hazard". (b)Termination of that person's t.Violation Of Statutes That Govern E- employment; or Mails,Fax,Phone Calls Or Other Methods Of Sending Material Or (c)Employment-related practices, Informationpolicies,acts or omissions,such as coercion,demotion,evaluation,"Bodily injury","property damage",or reassignment,discipline,"personal and advertising injury"arising defamation,harassment,humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2)The spouse,child,parent,brother or (1)The Telephone Consumer Protection sister of that person as a Act (TCPA),including any amendment consequence of "bodily injury"or of or addition to such law; "personal and advertising injury" to the (2)The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law;or(a)(b)(c)described in Paragraphs ,,or (3)Any statute,ordinance or regulation,above is directed. other than the TCPA or CAN-SPAM ActThisexclusion applies:of 2003,that prohibits or limits the (1)Whether the insured may be liable as sending,transmitting,communicating or an employer or in any other capacity;distribution of material or information. and Damage To Premises Rented To You – (2)To any obligation to share damages Exception For Damage By Fire,Lightning with or repay someone else who must or Explosion pay damages because of the injury.c.h.k.o.Exclusions through and through do s.Asbestos not apply to damage by fire,lightning or explosion to premises rented to you or (1)"Bodily injury","property damage"or temporarily occupied by you with permission of "personal and advertising injury" the owner.A separate Limit of Insurance arising out of the "asbestos hazard". applies to this coverage as described in (2)Any damages,judgments,settlements,D.Section -Liability And Medical Expensesloss,costs or expenses that:Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2.Applicable To Medical Expenses Coverage e.A trust,you are an insured.Your trustees are also insureds,but only with respect to We will not pay expenses for "bodily injury":their duties as trustees.a.Any Insured 2.Each of the following is also an insured:To any insured,except "volunteer workers". a.Employees And Volunteer Workersb.Hired Person Your "volunteer workers"only whileTo a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured.your business,or your "employees",other c.Injury On Normally Occupied Premises than either your "executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies.company)or your managers (if you are a limited liability company),but only for acts d.Workers'Compensation And Similar within the scope of their employment by Laws you or while performing duties related to To a person,whether or not an the conduct of your business."employee"of any insured,if benefits for However,none of these "employees"or the "bodily injury"are payable or must be "volunteer workers" are insureds for:provided under a workers'compensation or disability benefits law or a similar law.(1)"Bodily injury"or "personal and advertising injury":e.Athletics Activities (a)To you,to your partners or To a person injured while practicing, members (if you are a partnership instructing or participating in any physical or joint venture),to your members exercises or games,sports or athletic (if you are a limited liability contests. company),or to a co-"employee"f.Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard".related to the conduct of your business,or to your other g.Business Liability Exclusions "volunteer workers"while Excluded under Business Liability Coverage.performing duties related to the C.WHO IS AN INSURED conduct of your business; 1.If you are designated in the Declarations as:(b)To the spouse,child,parent, brother or sister of that co-a.An individual,you and your spouse are "employee"or that "volunteer insureds,but only with respect to the worker"as a consequence of conduct of a business of which you are the (1)(a)Paragraph above;sole owner. (c)For which there is any obligation b.A partnership or joint venture,you are an to share damages with or repay insured.Your members,your partners,and someone else who must pay their spouses are also insureds,but only with damages because of the injury respect to the conduct of your business. (1)(a)described in Paragraphs orc.A limited liability company,you are an (b) above; orinsured.Your members are also insureds, (d)Arising out of his or her providing but only with respect to the conduct of your or failing to provide professional business.Your managers are insureds,but health care services.only with respect to their duties as your managers.If you are not in the business of providing professional health cared.An organization other than a partnership, (d)services,Paragraph does not applyjointventureorlimitedliabilitycompany,you to any nurse,emergency medicalareaninsured.Your "executive officers"and technician or paramedic employed bydirectorsareinsureds,but only with respect you to provide such services.to their duties as your officers or directors. Your stockholders are also insureds,but only (2)"Property damage" to property: with respect to their liability as stockholders.(a)Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b)b.Rented to,in the care,custody or Coverage under this provision does not control of,or over which physical apply to: control is being exercised for any (1)"Bodily injury"or "property damage" purpose by you,any of your that occurred;or"employees","volunteer workers", (2)"Personal and advertising injury" any partner or member (if you are arising out of an offense committedapartnershiporjointventure),or before you acquired or formed the any member (if you are a limited organization.liability company). 4.Operator Of Mobile Equipmentb.Real Estate Manager With respect to "mobile equipment"registered inAny person (other than your "employee"or your name under any motor vehicle registration"volunteer worker"),or any organization law,any person is an insured while driving suchwhileacting as your real estate manager. equipment along a public highway with yourc.Temporary Custodians Of Your permission.Any other person or organizationPropertyresponsiblefortheconductofsuchpersonisAnypersonororganizationhavingproper also an insured,but only with respect to liabilitytemporarycustodyofyourpropertyifyou arising out of the operation of the equipment,anddie,but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury"to a co-"employee"of the person driving the equipment;ord.Legal Representative If You Die b."Property damage"to property owned by, Your legal representative if you die,but rented to,in the charge of or occupied byonlywithrespecttodutiesassuch.That you or the employer of any person who is representative will have all your rights and an insured under this provision.duties under this insurance. 5.Operator of Nonowned Watercrafte.Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof,of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50%of the voting stock on the your permission.Any other person or effective date of this Coverage Part.organization responsible for the conduct of The insurance afforded herein for any such person is also an insured,but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft,and only if no otherinjuryordamagewithrespecttowhichan insurance of any kind is available to that insured under this insurance is also an person or organization for this liability.insured under another policy or would be However,no person or organization is an an insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury"to a co-"employee"of the person operating the watercraft;or3.Newly Acquired Or Formed Organization b."Property damage"to property owned by,Any organization you newly acquire or form, rented to,in the charge of or occupied by other than a partnership,joint venture or you or the employer of any person who is limited liability company,and over which you an insured under this provision.maintain financial interest of more than 50%of the voting stock,will qualify as a Named 6.Additional Insureds When Required By Insured if there is no other similar insurance Written Contract,Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s)or organization(s)identified in only until the 180th day after you acquire a.f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed,in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM (e)contract,written agreement or because of a Any failure to make such permit issued by a state or political inspections,adjustments,tests or subdivision,that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy,provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business,in connection agreement, or the issuance of the permit.with the distribution or sale of the products;A person or organization is an additional (f)Demonstration,installation, insured under this provision only for that servicing or repair operations, period of time required by the contract,except such operations performed agreement or permit.at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision if such product;person or organization is included as an (g)Products which,after distribution additional insured by an endorsement issued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container,part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; orF.–Optional Additional Insured Coverages. (h)"Bodily injury"or "property a.Vendors damage"arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor),but only with respect to own acts or omissions or those of"bodily injury"or "property damage"arising its employees or anyone else out of "your products"which are distributed acting on its behalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained in provides coverage for "bodily injury"or (d)(f)Subparagraphs or ;or"property damage"included within the (ii)"products-completed operations hazard".Such inspections,adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions:course of business,inThisinsurancedoes not apply to:connection with the distribution (a)"Bodily injury"or "property or sale of the products. damage"for which the vendor is (2)This insurance does not apply to anyobligatedtopaydamagesby insured person or organization fromreasonoftheassumptionof whom you have acquired such products,liability in a contract or agreement. or any ingredient,part or container,This exclusion does not apply to entering into,accompanying orliabilityfordamagesthatthe containing such products.vendor would have in the absence b.Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from (b)Any express warranty whom you lease equipment;but only unauthorized by you;with respect to their liability for "bodily (c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "personal and advertising injury"by the vendor;caused,in whole or in part,by your (d)Repackaging,except when maintenance,operation or use of unpacked solely for the purpose of equipment leased to you by such inspection,demonstration,testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2)e.Permits Issued By State Or Political With respect to the insurance afforded Subdivisionstotheseadditionalinsureds,this insurance does not apply to any (1)Any state or political subdivision,but "occurrence"which takes place after only with respect to operationsyoucease to lease that equipment.performed by you or on your behalf for c.Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1)Any person or organization from (2)whom you lease land or premises,but With respect to the insurance afforded only with respect to liability arising out to these additional insureds,this of the ownership,maintenance or use insurance does not apply to: of that part of the land or premises (a)"Bodily injury","property damage" leased to you.or "personal and advertising (2)With respect to the insurance afforded injury"arising out of operations to these additional insureds,this performed for the state or insurance does not apply to:municipality; or (a)(b)Any "occurrence"which takes "Bodily injury"or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f.Any Other Party (b)Structural alterations,new (1)Any other person or organization who construction or demolition a.is not an insured under Paragraphsoperationsperformedbyoron ethrough.above,but only withbehalfofsuchpersonor respect to liability for "bodily injury", organization."property damage"or "personal and d.Architects, Engineers Or Surveyors advertising injury"caused,in whole or in part,by your acts or omissions or(1)Any architect,engineer,or surveyor,but the acts or omissions of those acting only with respect to liability for "bodily on your behalf:injury","property damage"or "personal (a)and advertising injury"caused,in whole In the performance of your or in part,by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b)In connection with your premises your behalf:owned by or rented to you;or (a)In connection with your premises; (c)In connection with "your work" and or included within the "products- (b)In the performance of your completed operations hazard",but ongoing operations performed by only if you or on your behalf.(i)The written contract or written (2)With respect to the insurance afforded agreement requires you to to these additional insureds,the provide such coverage to following additional exclusion applies:such additional insured;and (ii)This insurance does not apply to This Coverage Part provides "bodily injury","property damage"or coverage for "bodily injury"or "personal and advertising injury" "property damage"included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including:(2)With respect to the insurance afforded (a)The preparing,approving,or to these additional insureds,this failure to prepare or approve, insurance does not apply to: maps,shop drawings,opinions, "Bodily injury","property damage"or reports,surveys,field orders, "personal and advertising injury" change orders,designs or arising out of the rendering of,or the drawings and specifications; or failure to render,any professional (b)Supervisory,inspection, architectural,engineering or surveying architectural or engineering services,including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a)The preparing,approving,or This General Aggregate limit does not failure to prepare or approve, apply to "property damage"to premises maps,shop drawings,opinions, while rented to you or temporarily reports,surveys,field orders, occupied by you with permission of the change orders,designs or owner,arising out of fire,lightning or drawings and specifications; or explosion. (b)3.Each Occurrence LimitSupervisory,inspection, architectural or engineering 2.a.2.bSubjecttoor above,whichever activities.applies,the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section –Limits "property damage"and medical expenses Of Insurance.arising out of any one "occurrence"is the Liability and Medical Expenses Limit shown in How this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury"sustained by any General Conditions.one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with 4.Personal And Advertising Injury Limitrespecttotheconductofanycurrentorpast partnership,joint venture or limited liability 2.b.Subject to above,the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations."personal and advertising injury"sustained by any one person or organization is the Personal D.LIABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.1.The Most We Will Pay 5.Damage To Premises Rented To You LimitTheLimitsofInsuranceshowninthe The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of:Liability Coverage for damages because of a.Insureds;"property damage"to any one premises,while b.Claims made or "suits" brought;or rented to you, or in the case of damage by fire, lightning or explosion,while rented to you or c.Persons or organizations making claims or temporarily occupied by you with permission of bringing "suits". the owner. 2.Aggregate Limits In the case of damage by fire,lightning or The most we will pay for:explosion, the Damage to Premises Rented To a.Damages because of "bodily injury"and You Limit applies to all damage proximately "property damage"included in the caused by the same event,whether such "products-completed operations hazard"is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6.How Limits Apply To Additional InsuredsDeclarations. The most we will pay on behalf of a person or b.Damages because of all other "bodily organization who is an additional insured injury","property damage"or "personal under this Coverage Part is the lesser of:and advertising injury",including medical a.The limits of insurance specified in a expenses,is the General Aggregate Limit written contract,written agreement or shown in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision;orseparatelytoeachofyour"locations" b.The Limits of Insurance shown in the owned by or rented to you. Declarations."Location"means premises involving the Such amount shall be a part of and not in same or connecting lots,or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street,roadway or right-of-way of a railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands,notices,summonses or applies to any claim or "suit",the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2)Authorize us to obtain records and applicable to such claim or "suit".However,this other information;paragraph does not apply to the Medical Expenses (3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit";and separately to each consecutive annual period and to (4)Assist us,upon our request,in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations,unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months.In that case,the additional period will be may also apply.deemed part of the last preceding period for purposes d.Obligations At The Insured's Own CostofdeterminingtheLimitsofInsurance. No insured will,except at that insured's ownE.LIABILITY AND MEDICAL EXPENSES cost,voluntarily make a payment,assumeGENERAL CONDITIONS any obligation,or incur any expense,other than for first aid,without our consent.1.Bankruptcy e.Additional Insured's Other InsuranceBankruptcyorinsolvencyoftheinsuredorof the insured's estate will not relieve us of our If we cover a claim or "suit"under this obligations under this Coverage Part.Coverage Part that may also be covered by other insurance available to an 2.Duties In The Event Of Occurrence, additional insured,such additional insured Offense, Claim Or Suit must submit such claim or "suit"to the a.Notice Of Occurrence Or Offense other insurer for defense and indemnity.You or any additional insured must see to However,this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence"or an written contract,written agreement or offense which may result in a claim.To permit that this insurance is primary and the extent possible,notice should include:non-contributory with the additional (1)How,when and where the "occurrence"insured's own insurance. or offense took place;f.Knowledge Of An Occurrence,Offense,(2)The names and addresses of any Claim Or Suitinjuredpersons and witnesses;and a.b.Paragraphs and apply to you or to (3)The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence",offense,claim or "suit"is "occurrence"or offense.known to: b.Notice Of Claim (1)You or any additional insured that is an individual;If a claim is made or "suit"is brought against any insured,you or any additional (2)Any partner,if you or an additional insured must:insured is a partnership; (1)Immediately record the specifics of the (3)Any manager,if you or an additional claim or "suit"and the date received; insured is a limited liability company; and (4)Any "executive officer"or insurance (2)Notify us as soon as practicable.manager,if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5)Any trustee,if you or an additional claim or "suit" as soon as practicable.insured is a trust;or c.Assistance And Cooperation Of The (6)Any elected or appointed official, if you Insured or an additional insured is a political subdivision or public entity.You and any other involved insured must: Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM f.(3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured.upon your representations. 3.Financial Responsibility Laws b.Unintentional Failure To Disclose Hazardsa.When this policy is certified as proof of financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law,the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part,we shall not deny any liability and "property damage"liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7.Other Insuranceinsurance required by that law.If other valid and collectible insurance is b.With respect to "mobile equipment"to available for a loss we cover under this which this insurance applies,we will Coverage Part,our obligations are limited as provide any liability,uninsured motorists, follows:underinsured motorists,no-fault or other a.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.We will provide the required limits for This insurance is primary except when those coverages.below applies.If other insurance is also primary,we will share with all that other 4.Legal Action Against Us c.insurance by the method described inNopersonororganizationhasarightunder below.this Coverage Form: b.Excess Insurancea.To join us as a party or otherwise bring us This insurance is excess over any of the into a "suit"asking for damages from an other insurance,whether primary,excess, insured;or contingent or on any other basis:b.To sue us on this Coverage Form unless (1)Your Workallofitstermshavebeenfullycomplied with.That is Fire,Extended Coverage, Builder's Risk,Installation Risk or A person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured;but we will not be liable for (2)Premises Rented To You damages that are not payable under the terms of That is fire,lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance.An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner;liability signed by us,the insured and the (3)Tenant Liabilityclaimantortheclaimant's legal representative. That is insurance purchased by you to 5.Separation Of Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage"to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured,this with permission of the owner;insurance applies: (4)Aircraft,Auto Or Watercrafta.As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured;and or use of aircraft, "autos" or watercraft tob.Separately to each insured against whom g.the extent not subject to Exclusion ofaclaimismadeor "suit"is brought.A.Section –Coverages. 6.Representations (5)Property Damage To Borrowed a.When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree:If the loss arises out of "property damage"to borrowed equipment or (1)The statements in the Declarations the use of elevators to the extent not are accurate and complete; k.A.subject to Exclusion of Section –(2)Those statements are based upon Coverages.representations you made to us; and Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6)When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance,we will pay only our share of Insurance the amount of the loss,if any,that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations,for which you have been (2)The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7)When You Add Others As An We will share the remaining loss,if any, withAdditionalInsuredToThis any other insurance that is not described inInsurancethis Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the Declarations of this Coverage Part.However,the following provisions c.Method Of Sharingapplytootherinsuranceavailableto any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:this method also.Under this approach, (a)Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary.If other contribution by equal shares,we will insurance is also primary,we will contribute by limits.Under this method,each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below.applicable limits of insurance of all insurers. (b)Primary And Non-Contributory 8.Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a.Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,written agreement or part of any payment,including permit that this insurance is Supplementary Payments,we have made primary and non-contributory with under this Coverage Part,those rights aretheadditionalinsured's own transferred to us.The insured must do insurance,this insurance is nothing after loss to impair them.At our primary and we will not seek request,the insured will bring "suit"or contribution from that other transfer those rights to us and help us insurance.enforce them.This condition does not (a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)additional insured.If the insured has waived any rights of When this insurance is excess,we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments,we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit".If no other also waive that right,provided the insured insurer defends,we will undertake to do waived their rights of recovery againstso,but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM 3.Additional Insured -Grantor Of FranchiseF.OPTIONAL ADDITIONAL INSURED C.WHO IS AN INSURED under Section isCOVERAGES amended to include as an additional insured If listed or shown as applicable in the Declarations,the person(s)or organization(s)shown in the one or more of the following Optional Additional Declarations as an Additional Insured -Insured Coverages also apply. When any of these Grantor Of Franchise,but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you.6.Paragraph (Additional Insureds When Required 4.Additional Insured -Lessor Of LeasedbyWrittenContract,Written Agreement or Permit) EquipmentC.of Section ,Who Is An Insured,does not apply to the person or organization shown in the a.C.WHO IS AN INSURED under Section is Declarations.These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s)or organization(s) Liability Coverage in this policy,except as shown in the Declarations as an Additional provided below:Insured –Lessor of Leased Equipment, but only with respect to liability for "bodily 1.Additional Insured -Designated Person Or injury","property damage"or "personal Organization and advertising injury"caused,in whole or C.WHO IS AN INSURED under Section is in part,by your maintenance,operation oramendedtoincludeasanadditionalinsured use of equipment leased to you by such the person(s)or organization(s)shown in the person(s)or organization(s).Declarations,but only with respect to liability b.With respect to the insurance afforded to for "bodily injury","property damage"or these additional insureds,this insurance "personal and advertising injury"caused,in does not apply to any "occurrence"which whole or in part,by your acts or omissions or takes place after you cease to lease that the acts or omissions of those acting on your equipment.behalf: 5.Additional Insured -Owners Or Other a.In the performance of your ongoing Interests From Whom Land Has Been operations; or Leasedb.In connection with your premises owned a.C. WHO IS AN INSURED under Section is by or rented to you. amended to include as an additional 2.Additional Insured -Managers Or Lessors insured the person(s)or organization(s) Of Premises shown in the Declarations as an Additional a.C.WHO IS AN INSURED under Section is Insured – Owners Or Other Interests FromamendedtoincludeasanadditionalinsuredWhomLandHasBeenLeased,but only the person(s) or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured -ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations.ownership,maintenance or use of that part of b.With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds,the following Declarations.additional exclusions apply:b.With respect to the insurance afforded to This insurance does not apply to:these additional insureds,the following (1)Any "occurrence"that takes place additional exclusions apply: after you cease to lease that land;orThisinsurancedoes not apply to: (2)Structural alterations,new (1)Any "occurrence"which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization.(2)Structural alterations,new 6.Additional Insured -State Or Politicalconstructionordemolitionoperations Subdivision –Permitsperformedbyoronbehalfofsuch a.C.WHO IS AN INSURED under Section ispersonor organization. amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (e)Insured –State Or Political Subdivision -Any failure to make such Permits,but only with respect to inspections,adjustments,tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit.make in the usual course of business,in connection with theb.With respect to the insurance afforded to distribution or sale of the products;these additional insureds,the following (f)Demonstration,installation, additional exclusions apply: servicing or repair operations, This insurance does not apply to:except such operations performed (1)"Bodily injury","property damage"or at the vendor's premises in "personal and advertising injury" connection with the sale of thearisingoutofoperationsperformedfor product;the state or municipality;or (g)Products which,after distribution (2)"Bodily injury"or "property damage" or sale by you,have been labeled included in the "product-completed or relabeled or used as a operations"hazard.container,part or ingredient of any 7.Additional Insured –Vendors other thing or substance by or for the vendor; ora.C.WHO IS AN INSURED under Section is amended to include as an additional (h)"Bodily injury"or "property insured the person(s)or organization(s) damage"arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured -own acts or omissions or those of Vendor,but only with respect to "bodily its employees or anyone else injury"or "property damage"arising out of acting on its behalf. However, this "your products"which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i)The exceptions contained in business and only if this Coverage Part (d)(f)Subparagraphs or ;orprovidescoveragefor"bodily injury"or (ii)Such inspections, "property damage"included within the adjustments,tests or servicing "products-completed operations hazard".as the vendor has agreed to b.The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions:to make in the usual course of (1)This insurance does not apply to:business,in connection with the distribution or sale of the (a)"Bodily injury"or "property products.damage"for which the vendor is obligated to pay damages by (2)This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products,or any ingredient,part or liability for damages that the container,entering into, vendor would have in the absence accompanying or containing such of the contract or agreement;products. (b)Any express warranty 8.Additional Insured –Controlling Interest unauthorized by you;C.WHO IS AN INSURED under Section is (c)Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s)or organization(s)shown in the by the vendor;Declarations as an Additional Insured – Controlling Interest,but only with respect to (d)Repackaging,unless unpacked their liability arising out of:solely for the purpose of inspection, demonstration,testing,or the a.Their financial control of you;or substitution of parts under b.Premises they own,maintain or control instructions from the manufacturer,while you lease or occupy these premises.and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional D.alterations,new construction and demolition insureds are described in Section –Limits Of operations performed by or for that person or Insurance. organization.How this insurance applies when other insurance 9.Additional Insured –Owners,Lessees Or is available to an additional insured is described in Contractors –Scheduled Person Or E.the Other Insurance Condition in Section – Organization Liability And Medical Expenses General Conditions.a.C. WHO IS AN INSURED under Section is amended to include as an additional G.LIABILITY AND MEDICAL EXPENSES insured the person(s)or organization(s) DEFINITIONSshown in the Declarations as an Additional 1."Advertisement"means the widespread public Insured –Owner,Lessees Or Contractors, dissemination of information or images that but only with respect to liability for "bodily has the purpose of inducing the sale of goods, injury","property damage"or "personal products or services through:and advertising injury"caused,in whole or in part,by your acts or omissions or the a. (1)Radio; acts or omissions of those acting on your (2)Television;behalf:(3)Billboard; (1)In the performance of your ongoing (4)Magazine;operations for the additional (5)Newspaper;insured(s);or b.The Internet,but only that part of a web (2)In connection with "your work" site that is about goods,products or performed for that additional insured services for the purposes of inducing the and included within the "products-sale of goods, products or services; orcompletedoperationshazard",but c.Any other publication that is given only if this Coverage Part provides widespread public distribution.coverage for "bodily injury"or "property damage"included within the However, "advertisement"does not include:"products-completed operations a.The design,printed material,information hazard".or images contained in,on or upon the b.With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds,this insurance products;or does not apply to "bodily injury","property b.An interactive conversation between ordamage"or "personal an advertising among persons through a computer network.injury"arising out of the rendering of,or 2."Advertising idea"means any idea for an the failure to render,any professional "advertisement".architectural,engineering or surveying services,including:3."Asbestos hazard"means an exposure or threat of exposure to the actual or alleged(1)The preparing,approving,or failure to properties of asbestos and includes the mere prepare or approve,maps,shop presence of asbestos in any form.drawings,opinions,reports,surveys, field orders, change orders, designs or 4."Auto"means a land motor vehicle,trailer or drawings and specifications; or semi-trailer designed for travel on public roads,including any attached machinery or (2)Supervisory,inspection,architectural equipment.But "auto"does not include or engineering activities. "mobile equipment".10.Additional Insured –Co-Owner Of Insured 5."Bodily injury" means physical:Premises a.Injury;C.WHO IS AN INSURED under Section is amended to include as an additional insured b.Sickness; or the person(s)or Organization(s)shown in the c.DiseaseDeclarationsasanAdditionalInsured–Co- sustained by a person and,if arising out of the Owner Of Insured Premises,but only with above, mental anguish or death at any time.respect to their liability as co-owner of the premises shown in the Declarations.6."Coverage territory"means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a.b.The United States of America (including its You have failed to fulfill the terms of a territories and possessions),Puerto Rico contract or agreement; and Canada;if such property can be restored to use by: b.International waters or airspace, but only if a.The repair,replacement,adjustment or the injury or damage occurs in the course removal of "your product"or "your work"; of travel or transportation between any ora.places included in above;b.Your fulfilling the terms of the contract or c.All other parts of the world if the injury or agreement.damage arises out of:12."Insured contract"means:(1)Goods or products made or sold by you a.A contract for a lease of premises. a.in the territory described in above;However,that portion of the contract for a (2)The activities of a person whose home lease of premises that indemnifies any aisintheterritorydescribedin. person or organization for damage by fire, above,but is away for a short time on lightning or explosion to premises whileyourbusiness; or rented to you or temporarily occupied by (3)"Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section D.communication –Liability and Medical Expenses Limits of Insurance.provided the insured's responsibility to pay b.damages is determined in the United States of A sidetrack agreement; America (including its territories and c.Any easement or license agreement, possessions),Puerto Rico or Canada,in a including an easement or license "suit"on the merits according to the agreement in connection with construction substantive law in such territory,or in a or demolition operations on or within 50 settlement we agree to.feet of a railroad; 7."Electronic data"means information,facts or d.Any obligation,as required by ordinance, programs:to indemnify a municipality,except in a.Stored as or on;connection with work for a municipality; b.Created or used on; or e.An elevator maintenance agreement; or c.Transmitted to or from f.That part of any other contract or agreement pertaining to your business computer software,including systems and (including an indemnification of a applications software,hard or floppy disks, municipality in connection with work CD-ROMS,tapes,drives,cells,data performed for a municipality)under whichprocessingdevicesoranyothermediawhich you assume the tort liability of another are used with electronically controlled party to pay for "bodily injury"or "property equipment. damage"to a third person or organization, 8."Employee"includes a "leased worker". provided the "bodily injury"or "property "Employee"does not include a "temporary damage"is caused,in whole or in part,by worker".you or by those acting on your behalf. 9."Executive officer"means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter,constitution,by-laws or any other contract or agreement. similar governing document.f.Paragraph includes that part of any 10."Hostile fire"means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury"or "property intended to be.damage"arising out of construction or demolition operations within 50 feet of any 11."Impaired property"means tangible property, railroad property and affecting any railroad other than "your product"or "your work",that bridge or trestle,tracks,road-beds,tunnel, cannot be used or is less useful because: underpass or crossing.a.It incorporates "your product"or "your work" f.However,Paragraph does not include that is known or thought to be defective, that part of any contract or agreement:deficient,inadequate or dangerous;or Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1)(1)That indemnifies an architect, Power cranes,shovels,loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of:(2)Road construction or resurfacing (a)Preparing,approving or failing to equipment such as graders,scrapers prepare or approve maps,shop or rollers; drawings,opinions,reports, e.a.b.c.d.Vehicles not described in ,,,or surveys,field orders,change above that are not self-propelled and are orders,designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b)Giving directions or instructions, following types: or failing to give them,if that is the (1)Air compressors,pumps and primary cause of the injury or generators,including spraying, damage;or welding,building cleaning, (2)Under which the insured,if an geophysical exploration,lighting and architect,engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2)Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers;rendering or failure to render f.a.b.c.d.Vehicles not described in ,,,orprofessionalservices,including those above maintained primarily for purposes (1)listed in above and supervisory, other than the transportation of persons orinspection,architectural or cargo.engineering activities. However,self-propelled vehicles with the13."Leased worker"means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment"but agreement between you and the labor leasing will be considered "autos":firm, to perform duties related to the conduct of (1)Equipment,of at least 1,000 pounds your business."Leased worker"does not gross vehicle weight,designedincludea "temporary worker". primarily for:14."Loading or unloading"means the handling of (a)Snow removal;property: (b)Road maintenance,but not a.After it is moved from the place where it is construction or resurfacing;oracceptedformovementintoorontoan aircraft,watercraft or "auto";(c)Street cleaning; b.While it is in or on an aircraft, watercraft or (2)Cherry pickers and similar devices "auto";or mounted on automobile or truck chassis and used to raise or lower c.While it is being moved from an aircraft, workers; andwatercraftor"auto"to the place where it is finally delivered;(3)Air compressors,pumps and generators,including spraying, but "loading or unloading"does not include the welding,building cleaning, movement of property by means of a mechanical geophysical exploration,lighting and device,other than a hand truck,that is not well servicing equipment.attached to the aircraft,watercraft or "auto". 16."Occurrence"means an accident,including15."Mobile equipment" means any of the following continuous or repeated exposure to substantiallytypesoflandvehicles,including any attached the same general harmful conditions.machinery or equipment: 17."Personal and advertising injury" means injury, a.Bulldozers,farm machinery,forklifts and including consequential "bodily injury",arising other vehicles designed for use principally out of one or more of the following offenses:off public roads; a.False arrest, detention or imprisonment;b.Vehicles maintained for use solely on or next to premises you own or rent;b.Malicious prosecution; c.Vehicles that travel on crawler treads; d.Vehicles,whether self-propelled or not,on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c.The wrongful eviction from,wrongful entry Work that may need service,maintenance, into,or invasion of the right of private correction,repair or replacement,but occupancy of a room,dwelling or which is otherwise complete,will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury"or "property damage" landlord or lessor;must occur away from premises you own d.Oral,written or electronic publication of or rent,unless your business includes the material that slanders or libels a person or selling,handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods, products or services;own or rent. e.b.Oral,written or electronic publication of Does not include "bodily injury"or material that violates a person's right of "property damage" arising out of: privacy;(1)The transportation of property,unless f.Copying,in your "advertisement",a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement";or operated by you,and that condition was created by the "loading org.Infringement of copyright, slogan, or title of unloading"of that vehicle by any any literary or artistic work,in your insured;or"advertisement"; or (2)The existence of tools,uninstalled h.Discrimination or humiliation that results in equipment or abandoned or unusedinjurytothefeelingsorreputationofa materials.natural person. 20."Property damage" means:18."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,a.Physical injury to tangible property, vapor,soot,fumes,acids,alkalis,chemicals and including all resulting loss of use of that waste.Waste includes materials to be recycled,property.All such loss of use shall be reconditioned or reclaimed.deemed to occur at the time of the physical injury that caused it; or19."Products-completed operations hazard"; b.Loss of use of tangible property that is not a.Includes all "bodily injury"and "property physically injured.All such loss of use damage"occurring away from premises shall be deemed to occur at the time of you own or rent and arising out of "your "occurrence"that caused it.product" or "your work"except: As used in this definition,"electronic data"is (1)Products that are still in your physical not tangible property.possession;or 21."Suit"means a civil proceeding in which(2)Work that has not yet been completed damages because of "bodily injury","property or abandoned.However,"your work" damage"or "personal and advertising injury" will be deemed to be completed at the to which this insurance applies are alleged. earliest of the following times: "Suit"includes:(a)When all of the work called for in a.An arbitration proceeding in which such your contract has been completed. damages are claimed and to which the (b)When all of the work to be done at insured must submit or does submit withthejobsitehasbeencompletedif our consent; oryourcontractcallsforworkat b.Any other alternative dispute resolution more than one job site. proceeding in which such damages are (c)When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent.intended use by any person or 22."Temporary worker"means a person who is organization other than another furnished to you to substitute for a permanentcontractororsubcontractor "employee"on leave or to meet seasonal or working on the same project. short-term workload conditions. 23."Volunteer worker" means a person who: a.Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b.(2)Donates his or her work;The providing of or failure to provide warnings or instructions.c.Acts at the direction of and within the c.scope of duties determined by you;and Does not include vending machines or d.Is not paid a fee,salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you.25."Your work": 24."Your product":a.Means: a.Means:(1)Work or operations performed by you (1)Any goods or products,other than real or on your behalf;and property, manufactured, sold, handled, (2)Materials,parts or equipment distributed or disposed of by:furnished in connection with such work (a)You;or operations. (b)b.Others trading under your name; Includes: or (1)Warranties or representations made at (c)A person or organization whose any time with respect to the fitness, business or assets you have quality,durability,performance or use acquired;and of "your work";and (2)(2)Containers (other than vehicles), The providing of or failure to provide materials,parts or equipment warnings or instructions. furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality,durability,performance or use of "your product"; and Page 24 of 24 Form SS 00 08 04 05 1 Contract No. 2021-039.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NFRA, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and NFRA, Inc., a(n) Arizona corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated March 22, 2021, for the Consultant to provide civil engineering services, including, but not limited to, civil engineering plans, specifications, construction details and/or construction documents, and engineering estimates (the “Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to add additional services (Exhibit C). C. The Town and the Consultant desire to enter this First Amendment to amend the Agreement to (i) add additional services and (ii) provide for compensation to the Consultant for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 Consultant hereby agree as follows: 1. Compensation. The Town shall pay Consultant an aggregate amount not to exceed $79,932 (including all renewals) for the Services, resulting in an increase of the cumulative contract amount by $59,205. 2. EXHIBIT C. Exhibit C, as attached, is hereby incorporated into the Agreement by this reference. 2 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/04/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Town Council discuss and provide direction to staff on preferred service delivery options for fire and emergency medical services based on the recently completed Fire Services Evaluation. Staff Summary (Background) The Town of Fountain Hills currently provides two fire stations, vehicles, and all equipment for the Fountain Hills Fire Department in a hybrid operation between a town-operated service and a privatized service provider with its own fire personnel.  Since the town invests a major amount of resources in providing this service for its residents, the Town of Fountain Hills recently underwent a program review and evaluation of the fire and emergency medical services.  The firm of McGrath Consulting Group presented its findings and conclusions at a Town Council workshop on August 23.  As part of the service evaluation, McGrath evaluated a variety of different service delivery methods, such as contracting out with a private service provider (ie: Rural Metro); contracting with another municipality such as Scottsdale; contracting with a nearby fire district; and the possibility of bringing the fire and emergency services completely in-house with town fire personnel.   The McGrath Consulting report and presentation indicated that the current service provider, Rural Metro, was doing an outstanding job of maintaining emergency response times and meeting its contractual obligations under its existing agreement with Fountain Hills.  It did note, however, that there were a few potential downsides to the current contractual relationship, including the possibility that the company could decide to discontinue services in the future and that there would be little to no other private sector firms to step in to provide these services at the municipal level.   Due to the lateness of the hour following the presentation and question and answer period at the work session on August 23, 2022, the Town Council did not have the time nor the opportunity to discuss this matter further, including a preference for a fire department service delivery model.  It should be noted that if the town were to bring the fire department completely in-house, it would create other opportunities for mutual aid with the City of Scottsdale and other municipalities almost immediately that currently do not exist.  With mutual aid, the Fountain Hills Fire Department or Scottsdale Fire Department could request additional assistance in a fire or other major incident from one another.  Having an in-house fire department would also help move the town closer to the possibility of transitioning into automatic aid.  Automatic aid would position the Fountain Hills Fire Department with an advanced level of support from other municipalities and fire agencies throughout the region during major fire and emergency incidents.  Automatic aid is dispatched based on the closest fire units regardless of geographic boundaries or municipal borders.    The attached spreadsheet was created by Chief Financial Officer David Pock based on the information contained in the McGrath Fire Services Evaluation Report.  It compares the one-time and ongoing costs of bringing the fire department completely in-house and maintaining the status quo with Rural Metro.  It is important to note that the contract with Rural Metro will expire in June of 2026, so it is unknown what the town would be paying to contract for this service after 2026, as well as the built-in annual escalator that currently sits at 3 percent annually.   The purpose of this agenda item is to seek Town Council direction on the preferred service delivery model for the Fountain Hills Fire Department. The suggested motions below provide direction to staff on the preferred service delivery model.  Please note that if the Town Council wishes to make a formal decision on bringing the fire department fully in-house with its own fire personnel, then the Town Council will act in the affirmative on suggested motion B; then next month, staff will bring forth a recommended action providing proper notice to Rural Metro and seeking Council authorization to move forward on developing a transition plan to fully implement an in-house fire department.  Related Ordinance, Policy or Guiding Principle Providing for a safe community is a major priority of the Town Council and is contained in the adopted  2022 Strategic Plan, Strategic Priority 3 - "Continue to Improve the Public Health, Well-Being, and Safety of Our Town" and supporting task C. "Incorporate public health, well-being, and safety in Fountain Hills policies when relevant." Risk Analysis As the staff report and McGrath Fire Services Evaluation Report indicate, there are varying cost impacts and service level improvements depending on the fire service delivery model selected.     Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) While staff believes Rural Metro has done a great job in delivering fire and emergency medical fire services in Fountain Hills and meeting all of its contractual obligations, bringing fire department services in-house offers the possibility of mutual aid and eventually, automatic aid, as a significant service level enhancement for our residents and businesses.   SUGGESTED MOTION MOVE to provide staff direction on one of the following options: A. That the Town of Fountain Hills continue utilizing Rural Metro as its fire and emergency medical services provider. OR B. That the Town of Fountain Hills consider bringing fire and emergency medical services completely in-house with town personnel; and bring forth a recommendation to Council at a later date directing staff to develop a transition plan to implement an in-house Fire Department. Attachments FD Model Comparison Cost Spreadsheet  FH Fire Evaluation Report  FH Fire Evaluation Presentation  Form Review Inbox Reviewed By Date Finance Director David Pock 09/27/2022 05:40 PM Town Attorney Aaron D. Arnson 09/27/2022 08:09 PM Town Manager (Originator)Grady E. Miller 09/28/2022 06:48 AM Form Started By: Grady E. Miller Started On: 09/20/2022 04:47 PM Final Approval Date: 09/28/2022  Contract with Rural Metro FY24 FY25 FY26 FY27 FY28 Rural Metro $4,188,802 $4,398,242 $4,618,154 $4,849,062 $5,091,515 Dues & Memberships 515 530 546 563 580 Meetings & Trainings 2,266 2,334 2,404 2,476 2,550 Maint. & Repair 59,853 61,649 63,498 65,403 67,365 Utilities 33,310 34,310 35,339 36,399 37,491 Contractual (non-RM) 4,779 4,923 5,070 5,222 5,379 Supplies 14,992 15,441 15,905 16,382 16,873 Equipment 22,866 23,552 24,259 24,986 25,736 Copier ISF 277 285 294 303 312 Vehicle ISF 205,542 211,708 218,059 224,601 231,339 Technology ISF 1,717 1,769 1,822 1,876 1,933 Total: $4,534,919 $4,754,743 $4,985,350 $5,227,273 $5,481,073 Annual contract inflator:5.0% (user may update) Annual FH inflator 3.0% (user may update) In-House FD FY24 FY25 FY26 FY27 FY28 FD Wages & Benefits $3,562,294 $3,740,409 $3,927,429 $4,123,801 $4,329,991 Admin Wages & Benefits 127,511 133,887 140,581 147,610 154,991 Other Personnel/Admin Costs 660,687 334,998 351,748 369,335 387,802 Insurance (WC, Liab, E&O) 239,830 251,822 264,413 277,633 291,515 Personal Protective Equip Initial Purchase 190,575 - - - - Annual Replacements - 25,368 26,636 27,968 29,367 Dispatching Initial Equipment Purchase 310,669 - - - - Ongoing Service Fees 220,644 227,263 234,081 241,104 248,337 Dues & Memberships 515 530 546 563 580 Meetings & Trainings 2,266 2,334 2,404 2,476 2,550 Maint. & Repair 59,853 61,649 63,498 65,403 67,365 Utilities 33,310 34,310 35,339 36,399 37,491 Contractual (non-RM) 4,779 4,923 5,070 5,222 5,379 Supplies 14,992 15,441 15,905 16,382 16,873 Equipment 22,866 23,552 24,259 24,986 25,736 Copier ISF 277 285 294 303 312 Vehicle ISF 205,542 211,708 218,059 224,601 231,339 Technology ISF 1,717 1,769 1,822 1,876 1,933 $5,658,328 $5,070,247 $5,312,084 $5,565,663 $5,831,560 Annual McGrath inflator:5.0% (user may update) Annual FH inflator 3.0% (user may update) Difference: $(1,123,409) $(315,504) $(326,734) $(338,389) $(350,487) FY29 FY30 FY31 FY32 FY33 $5,346,091 $5,613,395 $5,894,065 $6,188,768 $6,498,207 597 615 633 652 672 2,627 2,706 2,787 2,871 2,957 69,386 71,468 73,612 75,820 78,095 38,616 39,774 40,967 42,196 43,462 5,540 5,707 5,878 6,054 6,236 17,379 17,901 18,438 18,991 19,561 26,508 27,303 28,122 28,966 29,835 321 331 341 351 362 238,279 245,427 252,790 260,374 268,185 1,990 2,050 2,112 2,175 2,240 $5,747,335 $6,026,677 $6,319,745 $6,627,219 $6,949,811 FY29 FY30 FY31 FY32 FY33 $4,546,490 $4,773,815 $5,012,505 $5,263,131 $5,526,287 162,740 170,877 179,421 188,392 197,812 407,192 427,552 448,929 471,376 494,945 306,091 321,395 337,465 354,338 372,055 - - - - - 30,835 32,377 33,996 35,695 37,480 - - - - - 255,787 263,460 271,364 279,505 287,890 597 615 633 652 672 2,627 2,706 2,787 2,871 2,957 69,386 71,468 73,612 75,820 78,095 38,616 39,774 40,967 42,196 43,462 5,540 5,707 5,878 6,054 6,236 17,379 17,901 18,438 18,991 19,561 26,508 27,303 28,122 28,966 29,835 321 331 341 351 362 238,279 245,427 252,790 260,374 268,185 1,990 2,050 2,112 2,175 2,240 $6,110,380 $6,402,758 $6,709,361 $7,030,888 $7,368,073 $(363,044) $(376,081) $(389,616) $(403,669) $(418,263) Financial Analysis Fire Department Operations Conducted By: McGrath Consulting Group PO Box 865 Jamestown, TN 38556 August 2022 McGrath Consulting Group, Inc. Page 2 McGrath Consulting Group, Inc. P.O. Box 865 Jamestown, TN 38556 Office (815) 728-9111 Dr. Tim McGrath, CEO tim@mcgrathconsulting.com Chief Craig A. Haigh, Senior Consultant chaigh@mcgrathconsulting.com Malayna Halvorson Maes, Senior Consultant malayna@mcgrathhumanresources.com www.mcgrathconsulting.com ©Copyright 2022 McGrath Consulting Group, Inc. All rights reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or otherwise without the expressed written permission of McGrath Consulting Group, Inc. McGrath Consulting Group, Inc. Page 3 Table of Contents Executive Summary..................................................................................................................................... 5 Introduction ................................................................................................................................................ 8 Study Methodology ............................................................................................................................ 8 Interviews ....................................................................................................................................... 9 Review of Regional Public Safety Studies ...................................................................................... 10 Additional Regional Information Reviewed .................................................................................. 10 Regional Dispatching Services - Costs ........................................................................................... 11 Fountain Hills Specific Data ........................................................................................................... 11 Additional Options for Consideration ............................................................................................... 11 Study Limitations .............................................................................................................................. 11 Support of Town and Department Personnel ................................................................................... 12 Snapshot in Time .............................................................................................................................. 13 Consulting Team ............................................................................................................................... 13 Appendix ........................................................................................................................................... 13 Historical Overview/Background Information .......................................................................................... 14 Fountain Hills .................................................................................................................................... 14 Rural Metro (Source: Rural Metro Website) .................................................................................... 16 Movement Away from Contracted Fire Protection ................................................................................... 19 Scottsdale Situation .......................................................................................................................... 19 Control of Fire Protection ................................................................................................................. 21 Regional Automatic Aid System ................................................................................................................ 22 Difference Between Automatic Aid and Mutual Aid ......................................................................... 24 Applicability of Automatic Aid to National Standards ....................................................................... 25 Current Fountain Hills Model ............................................................................................................ 32 Impact of Automatic Aid ................................................................................................................... 33 Central Arizona Life Safety System Response Council............................................................................... 35 Communication and Dispatch ........................................................................................................... 35 Staffing Levels ................................................................................................................................... 35 Minimum Firefighter Training Standard............................................................................................ 36 Regional Dispatch Centers ........................................................................................................................ 36 Phoenix Fire Regional Dispatch/Phoenix Regional Wireless Consortium (PRWC) ............................. 36 Mesa Fire Regional Dispatch/ Mesa Regional Wireless Cooperative (TOPAZ) .................................. 37 Estimated Startup Costs .................................................................................................................... 37 Staffing Options and Costs ........................................................................................................................ 39 Status Quo ........................................................................................................................................ 39 Create own Fire Department ............................................................................................................ 40 Intergovernmental Agreement ......................................................................................................... 44 Consolidate into Rio Verde Fire District ............................................................................................ 46 Request for Proposal (RFP) ............................................................................................................... 46 Human Resources and Internal Considerations ........................................................................................ 48 Internal Services ............................................................................................................................... 48 Personnel Costs ................................................................................................................................ 49 Appendix A – Data Request ...................................................................................................................... 51 Appendix B – Regional Automatic Aid Agreement .................................................................................... 56 Appendix C – Summary of Fountain Hills Fire Department Startup Costs ................................................. 69 McGrath Consulting Group, Inc. Page 4 Startup Year ...................................................................................................................................... 69 Subsequent Year ............................................................................................................................... 70 Table of Figures Figure 1: Side-by-Side Option Comparison - Financial ............................................................................... 7 Figure 2: Fountain Hills Total Incident Responses .................................................................................... 15 Figure 3: Fountain Hills Fire Loss in Dollars .............................................................................................. 15 Figure 4: Fountain Hills Average Response Times .................................................................................... 29 Figure 5: 5-Minute Time Zone Compliance .............................................................................................. 30 Figure 6: 8-Minute Time Zone Compliance .............................................................................................. 30 Figure 7: Fountain Hills Response Zones per Fire Station ........................................................................ 34 Figure 8: Projected Dispatch Costs ........................................................................................................... 38 Figure 9: Status Quo Budget Projection ................................................................................................... 40 Figure 10: Department Employee Count - Option #1 ............................................................................... 41 Figure 11: Annual Budget for Option #1 .................................................................................................. 42 Figure 12: Department Employee Count Option #2 ................................................................................. 43 Figure 13: Annual Budget for Option #2 .................................................................................................. 43 Figure 14: Maintenance Costs .................................................................................................................. 44 Figure 15: Personnel Option #3 (All employees belong to Scottsdale) .................................................... 45 Figure 16: Annual Budget for Option #3 .................................................................................................. 45 Figure 17: Personnel Option #4 (All employees belong to Scottsdale) .................................................... 46 Table of Tables Table 1 : Task and Staffing Standards - Single Family Residential Structure Fire ...................................... 27 Table 2: Response Time Standards - First Alarm ...................................................................................... 27 Table 3: Task and Staffing Standards - Strip Shopping Center & Apartment Building .............................. 28 Table 4: Response Time Standards - First Alarm at Strip Shopping Centers and Apartments .................. 29 Table 5: Emergency Call Processing Standards ........................................................................................ 31 Table 6: Emergency Call Processing Flowchart ........................................................................................ 31 Table 7: Mutual Aid Partners - Station Location and Travel Distances ..................................................... 33 McGrath Consulting Group, Inc. Page 5 Executive Summary McGrath Consulting Group, Inc. was commissioned by the Town of Fountain Hills to conduct an independent, non-biased study and cost analysis of fire department operations. The goal of this study is to determine whether the Town should renew its current contract with Rural Metro, seek an intergovernmental Agreement (IGA) with another nearby municipality, or establish its own in-house Fire Department. Consultants worked to understand the overall contractual situation with Rural Metro as well as how fire services are provided throughout the Phoenix Valley. This included working to recognize and appreciate Rural Metro’s history and current business models under their parent company Global Medical Response, Inc. Important were interviews with Fountain Hills elected officials to determine their individual perspectives related to how services are currently provided. In addition, consultants reviewed a 2021 Community Survey Report completed by ETC Institute of Olathe, Kansas. Extensive work was done to understand the Regional Automatic Aid System as well as the Regional Communication Systems (Phoenix Regional Communications and Mesa Regional Communication System). An analysis was conducted related to Fountain Hills compliance with national fire service standards/best practice models. The national standard referenced throughout the report as well as the one used by the Regional Automatic Aid System is the National Fire Protection Association (NFPA) 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. It is important to note that due to confidentiality clauses in the contract with Rural Metro, the consulting team received limited data, service analysis, and side-by-side comparative costs. The consulting team did their absolute best to minimize the impact of the limitations where possible. A detailed description of the study’s limitations is noted in the body of the report. Options were developed related to both “status quo” or discontinuation of a contract with Rural Metro. These options include a detailed financial analysis of likely future costs while considering the limitations of the study. Four options were evaluated and costed with two additional options detailed within the body of the report. Key takeaways from the study include: • Fountain Hills has a very low fire-dollar loss rate. • Rural Metro appears to be meeting all contractual obligations as detailed in the contact with the Town of Fountain Hills. • The Rural Metro leadership team assigned to Fountain Hills is professional and clearly working to provide quality services within the context of the contract. McGrath Consulting Group, Inc. Page 6 • The trend over the last 30+ years is for municipalities/districts in Arizona to move away from contractual fire services provided by Rural Metro. o Fountain Hills is one of only two true municipal master contracts that still exist. o Carefree, AZ, who has the other master contract, is evaluating options for a potential change. o Since Rural Metro is not adding new master contracts, one can surmise that the model is no longer a priority under Global Medical Response (GMR) leadership. This is concerning and must be a primary focus when considering the future of fire protection for the Town of Fountain Hills. It is impossible to predict how long Rural Metro will be willing to sustain Master Contracts. • Under the current response model employed by Rural Metro, NFPA 1710 is not being met related to response times and staffing standards. Rural Metro is not allowed to participate in the regional automatic aid system, and Rural Metro assets responding from other locations coming to assist Fountain Hills exceed reasonable response times. • If the Town did not contract with Rural Metro and could join the Regional Automatic Aid System, the system would help/allow the Town to meet NFPA 1710 standards. • Financially, the most economical option for both meeting NFPA 1710 and participation in the automatic aid system is through a contractual relationship with the City of Scottsdale, whereby the Fountain Hills stations, and apparatus are merged fully into the Scottsdale Fire Department. • Should the Town move away from Rural Metro and not join Scottsdale, a decision will need to be made related to choosing a regional dispatch center to replace Rural Metro Dispatch. The below chart provides a side-by-side financial comparison of the four (4) options detailed in this report. The options as reported utilize Fiscal Year 2023 – 2024 cost projections and include between $260,000 - $280,000 in original startup costs (applicable to options #1 and #2). Startup costs would be reduced in subsequent years. The financial difference reported in the chart compares the projected costs of each category against the status quo number. Non-financial options are detailed and provided within the body of the report and are not addressed in this executive summary chart. To assist in understanding the following chart: • Status Quo: Continue a contractual relationship with Rural Metro. This option will not allow Fountain Hills to become part of the Regional Automatic Aid System and will not bring the Town into compliance with NFPA 1710. • Option #1: Create a Fountain Hills Municipal Fire Department using the current staffing level. The current staffing level does not meet the standards of NFPA 1710 related to staffing and response times. This option will not allow Fountain Hills to become part of the Regional Automatic Aid System. McGrath Consulting Group, Inc. Page 7 • Option #2: Create a Fountain Hills Municipal Fire Department that is compliance in staffing and response times and meets NFPA 1710. This option will allow Fountain Hills to become part of the Regional Automatic Aid System. Figure 1: Side-by-Side Option Comparison - Financial * See Pages: 40-48 for full description and methodology of options. Recommendations: 1. Should the Town continue using contractual services, it is strongly recommended that a contingency plan be developed for the possibility that Rural Metro might exercise their right to end their contractual relationship. Work on this contingency plan should begin immediately and be complete within 12-months. 2. If, at a point, the Town elects to create and operate a fire department, a primary goal should be compliance with the standards that allows membership in the Regional Automatic Aid System (Option #2). It is further recommended that a consultant knowledgeable in the Regional Automatic Aid System be hired to help the Town prepare its application and assist with plan implementation. 3. It is recommended that any move toward creation of a municipal fire department include the additional positions in Human Resources (HR) and Information Technology (IT) as outlined in this report. (See Section Titled: Human Resources and Internal Considerations.) 4. If the Town elects to create a municipal fire department, it is recommended that all fire employees be placed in the Arizona Public Safety Personnel Retirement System (PSPRS). Participation in this system will be important related to recruitment and retention of fire service personnel. McGrath Consulting Group, Inc. Page 8 Introduction The scope of work as detailed in the request for proposals includes a focus on two key areas: 1. A comprehensive analysis of a Town-operated fire department compared to the currently contracted Rural Metro operation. This includes current and historical costs. 2. A proposal of a complete cost structure for the creation and operation of a municipal fire department including foreseeable future costs. Specific areas of focus are to include: a. Employee recruitment, training, and on-boarding costs b. Personnel costs, such as salaries and benefits c. Insurance costs: liability, worker’s compensation, employee health insurance d. Vehicle/Equipment/Maintenance costs e. Cost of joining TOPAZ Communication f. Employee retirement costs In 2021 Fountain Hills contracted with ETC Institute to conduct a community survey report. The focus of the survey was to gather information on residents’ level of satisfaction with Town services. Within the overall survey, satisfaction with the quality of fire protection currently provide by Rural Metro was rated very high with a 91.7% approval rating. Similarly, the quality of EMS service received an overall approval rating of 87.9%. Helpful to Town leadership in understanding how best to evaluate options related to continued fire protection, residents’ listed fire protection as one of the top four services that they would be least willing to reduce or eliminate Study Methodology To fully understand the issues, the lead consultant conducted numerous interviews with elected officials, town leadership, and regional fire service leaders. The lead consultant was given tours of all Fountain Hills Fire Department facilities as well as a driving tour of the community, surrounding wildland urban interface, target hazards, and special risk concerns related to fire/EMS/rescue protective services. These tours were conducted by Fountain Hills/Rural Metro Fire Department leadership. A detailed literature review was conducted related to recent studies conducted on this issue by other communities and fire protection districts. The goal in obtaining and reviewing these documents was to see how other researchers have evaluated similar issues, with the hope of providing insight into the questions being asked by the Town of Fountain Hills. McGrath Consulting Group, Inc. Page 9 A literature review is essential in that it shows familiarity of issues and helps to develop focus and topic trajectory for the investigation. It provides insight into what has already been done and identifies what is known related to the topic. Importantly, a well-done literature review also provides historical context on the issue. Over the past 30- plus years numerous communities and fire protection districts throughout Arizona have studied the issue of contractual fire service. Contractual fire service has been a hotly debated topic since the late 1980s. Looking at the history of this issue, a clearer understanding of the topic is realized including an understanding of how the subject has been managed by other communities and fire protection districts. This historical picture can then be used to inform decision-making today. An added benefit of this literature review is the fact that current financial data from other communities and fire protection districts is readily available. Since other communities have recently, or are currently, wrestling with this same issue, costing metrics and data exist which can be used to inform and compare against data calculated specifically for Fountain Hills. Study methodologies broke down as follows: Interviews Elected Officials: • Mayor Ginny Dickey • Vice Mayor Gerry Friedel • Councilmember Alan Magazine • Councilmember Sharron Grzybowski • Councilmember Peggy McMahon • Councilmember Mike Scharnow • Councilmember David Spelich Town Leadership: • Town Manger Grady E. Miller • Finance Director David Pock • Administrative Services Director David Trimble • Fire Chief Dave Ott • Fire Marshal Mike Winters • Procurement Administrator Robert Durham Fire Service Leadership: • Fire Chief Mary Cameli, Mesa Fire and Medical Department • Assistant Chief Mike Dunn, Mesa Fire and Medical Department • Jason Taylor, Planning and Research Manager, Mesa Fire and Medical Department • Fire Chief Tom Shannon, Scottsdale Fire Department McGrath Consulting Group, Inc. Page 10 • Fire Chief Jay Ducote, Rio Verde Fire Protection District • Deputy Chief Scott Krushak, Rio Verde Fire Protection District • Fire Chief Brian Tobin, Daisy Mountain Fire & Medical • Scott Freitag, Fire Chief, Central Arizona Fire and Medical Authority • Scott Walker, Executive Assistant Chief, Phoenix Fire Department • Cliff Jones, Fire Chief (Ret.), Tempe Fire Department • Randy Roberts, Fire Chief (Ret.), Rural Metro assigned to Fountain Hills Other External Service Providers: • Arizona Municipal Risk Retention Pool • Public Safety Personnel Retirement System • CuraLinc Healthcare -- Employee Assistance Program Review of Regional Public Safety Studies • Fire Service Proposal – Town of Carefree, Scottsdale Fire Department, 2011 • Alternative Fire Services Report (DRAFT), Town of Fountain Hills, February 2019 • Standards of Cover Strategic Planning Report, Town of Queen Creek, Center for Public Safety Management, LLC, May 2020 • Fire Service Options, Town of Cave Creek, Public Safety Resource Management (PSRM), August 2020 • Fire Service Scope of Work, Town of Cave Creek, Daisy Mountain Fire District, November 2021 • Public Safety Advisory Committee - Report and Recommendations, Town of Carefree, January 2022 Additional Regional Information Reviewed • Letter addressed to Town of Carefree from Daisy Mountain Fire & Medical detailing “ballpark” costs for them to provide contractual services • Letter addressed to Town of Carefree from City of Scottsdale Fire Department detailing “approximate” costs for them to provide contractual services • An Internal Rio Verde Fire District memo from March 2021 detailing “all in costs” for a new full- time career firefighter: This data includes funding for a Public Safety Personnel Retirement System (PSPRS) Tier 3 pension as well as employee paid insurance and required social security. The total cost was extrapolated out over a 3-year period showing all anticipated cost increases. • Intergovernmental Agreement for the Regional Metropolitan Phoenix Fire Service Automatic Aid • Letter from the Town of Carefree requesting inclusion in the Regional Automatic Aid System including the response from the Life Safety Council • Collective Bargaining Agreement between Rural Metro Fire and United Fire Fighters Association of Maricopa County IAFF Local 3878, 2020 – 2025 • Central Arizona Life Safety Council: Managing Fire & EMS Service Delivery in These Tough Economic Times McGrath Consulting Group, Inc. Page 11 • Phoenix Regional Automatic Aid Bridge Fire Academy – Proposal, September 9, 2021 • Phoenix Regional Automatic Aid Bridge Fire Academy – PowerPoint Presentation, September 9, 2021 • Letter addressed to Town of Cave Creek from Daisy Mountain Fire & Medical detailing startup costs • Arizona Retirement System website • Compensation Structures for the City of Mesa, City of Tempe, City of Scottsdale, Daisy Mountain Fire District, and Rio Verde Fire District Regional Dispatching Services - Costs • Salt River implementation costs (Estimated) • Cave Creek implementation costs (Estimated) • Rio Verde Fire District dispatch budget and assessed fees paid to TOPAZ communications Fountain Hills Specific Data • Fire Protection and Emergency Services Agreement between The Town of Fountain Hills and Rural Metro Fire Department, Inc. • Personnel Policies: Amended and Restated, April 2018 • Pay Plan: Fiscal Year 2021 – 2022 • Employee Benefit Guide: 2021 – 2022 • Arizona Municipal Risk Retention Pool Benefit Guide • Rural Metro monthly data reports for FY 15/16 – FY 20-21 • Paychex Services Agreement • Fountain Hills Community Survey - 2021 Additional Options for Consideration It was made clear by town leadership that additional options beyond the three identified 1) status quo; 2) seek an intergovernmental Agreement (IGA) with another nearby municipality; 3) establish an in-house Fire Department, should be proposed, and brought forward for consideration. Additional options do exist and will be discussed later in this report. Study Limitations Rural Metro is a private for-profit corporation operating as a division of Global Medical Response (GMR). GMR operates with more than 36,000 employees, bringing together multiple businesses including American Medical Response (AMR), Rural Metro Fire, Air Evac Lifeteam, REACH Air Medical Services, Med- Trans Corporation, AirMed International, Guardian Flight, and others. Due to their size, they are considered one of the largest air, ground, managed medical transportation, and community industrial/specialty and wildland fire services providers in the world. McGrath Consulting Group, Inc. Page 12 Since GMR is a privately held company, this study is limited in the ability to obtain data related to the financial health of Rural Metro and how their profit/loss status may impact the long-term stability of the provider. Also limiting the study is the inability to obtain data from Rural Metro. The agreement between the Town of Fountain Hills and Rural Metro stipulates the following related to confidentiality and data sharing. Article V – CONFIDENTIALITY: From and after the date hereof [June 30, 2017], neither party hereto will reveal, divulge, or make known to any person, firm, or corporation any Confidential Information (as hereinafter defined) obtained by such party during the term of this Agreement. “Confidential Information” includes but is not limited to: financial information; audited and unaudited financial reports; operational budgets and strategies; methods of operation; strategic plans; business methods, practices or plans; marketing plans and strategies; management systems programs; computer systems; personnel and compensation information and payroll data; insurance data and loss history; education and training materials; and other such reports, documents or information. This confidentiality clause significantly hinders comparative analysis on this report as it relates to: • Recruitment, hiring, on-boarding, and employee turnover • Staff training and development • Insurance costs including liability, workers compensation, etc. • Costs of communication/dispatch • GMR strategic planning related to Rural Metro Additionally, the consultants were unable to obtain performance data criteria related to the AMR dispatch center/system. This prevented a true comparative analysis of compliance with national standards related to call processing times and fire apparatus/company response and deployment times. This general lack of comparative data significantly weakens the overall side-by-side analysis of this study making it impossible to evaluate the true comparative costs associated with maintaining fire services within the Town of Fountain Hills. Support of Town and Department Personnel The consulting team appreciates the assistance of David Pock who served as the project manager for this study. Mr. Pock’s assistance in the coordination of interviews and access to data was beneficial to understanding the overall situation. A special thanks is also extended to Fire Chief David Ott for his support and assistance throughout the development of this study. McGrath Consulting Group, Inc. Page 13 Snapshot in Time It is important for the reader to understand that a study of this nature is a snapshot in time, and findings are based on the assessment of the situation during site visits and the material/data provided. The topic of contractual fire service in the Phoenix Valley is very dynamic, thereby making it impossible to capture in this report a complete narrative related to the decision making underway in some of the neighboring communities. Consulting Team The recommendations made within this report are based on the best quantitative data discovered and qualitative observations by the Consulting Team, who have spent years in either fire, EMS, emergency services, human resources, emergency management, or an aspect related to those endeavors. Three consultants participated in the study. Each addressed topics that were appropriate to their specific skills and expertise: • Dr. Tim McGrath, CEO McGrath Consulting Group o Project Manager o 33 years Fire/EMS (paramedic) experience • Chief Craig A. Haigh, Senior Consultant o Lead Consultant o 38 years Fire/EMS (paramedic) /Emergency Management experience o Experience serving as Interim Village Manger o 15 plus years of managing municipalities’ organizational and operational strategic planning • Ms. Malayna Halvorson Maes, Senior Consultant o Human Resources Consultant o 20-years’ experience in both private and public sector human resources o Experience as the Human Resources Director and Senior Advisor for a large county in northern Wisconsin. o Experience serving as Interim County Administrator Appendix • Appendix A: A listing of the data requested by the consulting team prior to the first site visit • Appendix B: Regional Automatic Aid Agreement • Appendix C: Summary of startup costs - Fountain Hills Municipal Fire Department McGrath Consulting Group, Inc. Page 14 Historical Overview/Background Information Fountain Hills Fountain Hills is a planned use community incorporated in 1989. The land comprising the community was purchased by the McCulloch Oil Company (McCulloch chainsaws), doing business as McCulloch Properties, and was developed by the company’s president C.V. Wood. McCulloch Oil Company’s founder Robert P. McCulloch is known for the planned use community of Lake Havasu City, AZ. The fountain in Fountain Hills was used as the marketing draw similarly to the London Bridge in Lake Havasu City. Fountain Hills is primarily a bedroom community with supporting commercial space. There is a small industrial area with light hazards. The town’s wastewater and drinking water treatment facilities are the primary high hazards. The Town has significant wildland urban interface including McDowell Mountain Preserve Spanning over 1000 acres of Sonoran Desert. This wildland interface provides tremendous risk with a strong potential for loss to both residential structures and infrastructure should a large wildland fire occur. In 2004 the Town requested a proposal for assumption of fire services from the City of Scottsdale. The decision was made to continue contractual services with Rural Metro due to a lower cost option. In FY 2020 – 2021 Rural Metro, through the Fountain Hills contract, made 4,215 incident responses which is well within the lead consultant’s experience for a community and population base like Fountain Hills. Interestingly, the department has realized an increase in call volume of 1,024 responses over a six-year period, equating to a 13% annual increase. This is significant and a trend that needs to be monitored. McGrath Consulting Group, Inc. Page 15 Figure 2: Fountain Hills Total Incident Responses A six-year average of total fire loss in dollars for the Town of Fountain Hills is $309,323. In the lead consultants experience, this number is very low compared to population base and the value of the property protected. This is likely attributed to a combination of factors including but not limited to: • Building and site plan reviews • Building and site inspections • Public education activities • Response capabilities and professionalism of fire department staff • Sprinkler and alarm requirements Figure 3: Fountain Hills Fire Loss in Dollars McGrath Consulting Group, Inc. Page 16 Rural Metro (Source: Rural Metro Website) On February 2, 1948, Rural Fire Protection went into service on a shoestring budget, one truck, a 30 x 30 station fully furnished with used goods and eager anticipation. Two weeks later, their first call defied the law of averages with not one fire, but two at the same time. By 1950, Rural Fire Protection was operating in the, then town of Scottsdale, a budding city outside of Phoenix with a population of just over 2,000. In April, a massive fire erupted in the Arizona Crafts Center and Rural Fire Protection charged in to help. This event cemented their future as the first fire department for Scottsdale, Arizona. More than 50 years later (2003), Rural Fire protection bowed out, allowing the City of Scottsdale to raise its own fire department to service nearly 200,000 citizens. During the 50 years that Rural Fire Protection was servicing Scottsdale, it acquired Metropolitan Fire in 1959, making it Rural/Metro Fire Department. In the same fashion, Rural/Metro expanded to Pima County replacing Catalina Fire Department in 1962, and then to Yuma County replacing the Tri-State Fire Department in 1971. In 1976, Rural/Metro Fire Department made a historic move outside of Arizona, purchasing Knoxville Fire Department and taking Rural/Metro Fire to the national stage. Founder Lou Witzeman even sat for an interview on 60 Minutes (1968) and later Good Morning America (2000). One man, a green fire truck, “hard work, brains and luck.” More than seventy years later Rural Metro Fire Department boasts 42 stations, more than 100 fire apparatus, and more than 1,000 employees—and is a part of Global Medical Response’ family of first response solutions. Lou’s “white horse” cause has come full circle. “It takes hard work, luck, brains, guts and a sense of humor.” In his experiment of free enterprise gone wild, Lou found these five things key to growth, creation, acceptance, and survival. From an enthusiastic 22-year-old to a pioneer in the fire industry, Louis A. Witzeman gave birth to a revolutionary idea, fought his way to the top and handed over the reins in eternal rest in 2004. For more than 70 years, Rural/Metro Fire Department, carries on the courageous fight of a young journalist and his “white horse” cause. Continuing to put in “hard work” in communities across the nation. Serving as the “white horse” for those in need. With a little “luck, brains, guts and sense of humor,” Rural/Metro Fire Department looks forward to the next 70 years with eager anticipation, determination, and promise. Key Timeline Markers • Rural Metro was purchased in 2011 by the private equity firm Warburg Pincus for an estimated $438 million. • Rural Metro, under the ownership of Warburg Pincus, filed for Chapter 11 Bankruptcy in 2013. McGrath Consulting Group, Inc. Page 17 • Rural Metro was purchased by American Medical Response (AMR) in 2015. • Rural Metro and AMR was purchased by Global Medical Response (GMR) in 2018. Global Medical Response, Inc. is located in Greenwood Village, Colorado. It reportedly generates $4.4 billion in annual sales (USD). There are 522 companies in the Global Medical Response, Inc. corporate family. Rural Metro Contract Models Rural Metro breaks contracts down into the following five areas: 1. Master Contract/Community Fire Contract: Under a master contract, Rural Metro provides all staffing and PPE needed for community fire protection. In some situations, this might also include apparatus, tools and equipment and a facility based on the needs and desires of the community protected. Fountain Hills has been a Master Contact Community with Rural Metro for many years. Arizona communities that utilize this model: • Leisure World, Mesa (Although categorized by Rural Metro as a master contract, the services provided to Leisure World are not a true comparison to those in Fountain Hills and Carefree.) • Fountain Hills Fire Department, Fountain Hills • Carefree Fire Department, Carefree 2. Membership/Subscription: Under a membership/subscription situation, Rural Metro offers to homeowners, landowners, and commercial property owners who are not covered by a municipal or fire protection district a subscription contract for fire protection. Subscription contracts are not overly common throughout the United States. Although they do exist, it is much more common for a State Fire Marshal’s Office to assign all properties not within a municipality to a fire protection district. The fire protection district, operating as a body of local government, establishes a tax rate and assessment process to collect fees to provide fire protection. Under this scenario, all properties receive fire protection, and everyone pays for the services provided. In Arizona, this “forced fire protection” model is not utilized, thereby allowing a subscription model to exist. Rural Metro’s business model capitalizes on this situation by filling the fire protection void through the subscription process. Under Rural Metro’s subscription model, if enough properties are grouped together within a geographical region, Rural Metro will staff a fire station and apparatus to meet the contractual standard for response time as agreed to within the subscription contract. If there are not enough properties to financially sustain a fire station, assets will respond to the contracted address from the closest Rural Metro facility(s). McGrath Consulting Group, Inc. Page 18 Unincorporated areas of Arizona that utilize this model are as follows: • Sahuarita • San Tan Valley • Tucson • Unincorporated East Maricopa County • Unincorporated Rio Verde • Unincorporated West Maricopa County • Waddell • Wildland – State and Federal seasonal personnel • Yuma 3. Seasonal Contract Firefighters: Rural Metro provides seasonal contract firefighters for wildland response throughout the United States. 4. Aircraft Rescue and Fire Fighting (ARFF): Rural Metro contracts with airports to provide ARFF services. This may be full, 24-hour ARFF services or staffing during hours of operation. Basically, whatever the airport needs. Covered ARFF operations: • Acadiana Regional Airport, New Iberia, LA • Bismarck Airport, Bismarck, ND • FedEx World Headquarters, Memphis, TN • John Glenn International Airport, Columbus, OH • Lafayette Regional Airport, Lafayette, LA • Morristown Municipal Airport, Morristown, NJ • Sikorsky Aircraft, Jupiter, FL 5. Industrial/Installation Fire Protection: There are currently none in Arizona but Rural Metro covers installations in several other states. • Barrick Gold Mine, Goldclonda, NV • BASF Refinery, McIntosh, AL • BMW Factory, Greer, SC • Citgo Petroleum Corporation, Lemont, IL • Citgo Petroleum LCMC, Lake Charles, LA • Crazy Mountain Ranch, Clyde Park, MT • CVR Energy, Coffeeville, KS • CVR Energy, Wynnewood, OK • El Paso Refinery, El Paso, TX • Flint Hills Resources-LP, Rosemount, MN • Indorama Ventures, Westlake, LA • INEOS, Joliet, IL • Phillips 66 Refinery, Wood River, IL • St. Paul Park Refinery, St. Paul, MN • Volkswagen Group of America, Chattanooga, TN • Western Gallup Refinery, Gallup, NM • Wieland Rolled Products, East Alton, IL Movement Away from Contracted Fire Protection Over the years, many communities/fire protection districts have elected to move away from Rural Metro contracts and begin providing their own services. The primary reasons noted for these moves: • Communities want control of their fire protection services • Stability of services • Cost of services • Communities want to be part of the regional automatic aid system (automatic aid will be discussed as a major heading later in this report) Due to limitations in research, the following list and timeline may not be all inclusive but serves to provide a generalized listing of Arizona communities/fire protection districts that have ended subscription and/or master contracts with Rural Metro. In some cases, the ending of service was driven by Rural Metro. • 1988: Flowing Wells Fire District (now Northwest Fire District) • 1988: “The Boot” Annexation Area (Annexed into the City of Phoenix) • 1989: Sun City Fire District • 1989: Town of Youngtown (now covered by Sun City Fire District) • 1989: Ahwatukee (Annexed into the City of Phoenix) • 1989: Laveen Fire District (now covered by Phoenix Fire Department) • 1989: Daisy Mountain Fire District • 1992: Northwest Fire District • 1993: Town of Gilbert • 1994: Sun City West Fire District (now North County Fire & Medical District) • 2005: City of Scottsdale • 2007: Town of Paradise Valley (now covered by Phoenix Fire Department) • 2008: Town of Queen Creek • 2010: Litchfield Park • 2020: Town of Cave Creek • 2022: Town of Carefree (Currently under review. At the time of this report, Carefree has signed an 18-month contract with Rural Metro to allow analysis and development of a possible transition plan.) Scottsdale Situation Numerous interviewed individuals referred to Rural Metro’s contact with Scottsdale as the company’s “crown jewel.” In 2005, at the time of Rural Metro’s pullout of Scottsdale, the city had a population of 227,717. This represented the largest municipality protected by Rural Metro. Two years prior (2003) voters soundly defeated an initiative to move away from Rural Metro and create a municipally owned fire department. Yet shortly after the vote, Rural Metro gave notice to Scottsdale of their intent to cancel their contact. They reportedly said that the contract had been determined to be no longer profitable. The City of Scottsdale was given 19-months to create their own fire department. McGrath Consulting Group, Inc. Page 20 In an East Valley Tribute article titled Fire Department started from scratch will succeed longtime Rural Metro team, published June 26, 2005, then Tempe Fire Chief Cliff Jones was quoted as saying “the transition is of historic proportions” meaning that there is no national precedent for building a fire department for a city the size of Scottsdale. In an interview with Chief Jones by the lead consultant, Chief Jones said that it has become common for towns to shed their reliance on Rural Metro and launch municipal or fire district departments. He indicated that in many cases the decision to move away from Rural Metro is driven by community leadership, however, there are other historical instances where, like in the Scottsdale situation, Rural Metro elected to discontinue service to an area due to the lack of profitability. When the move is driven by Rural Metro, the move can be problematic for communities as they strive to create their own department. Well documented cases involving Rural Metro’s pullout are New River (now covered by Daisy Mountain Fire District) and Ahwatukee and the East Valley (now covered by the City of Phoenix). In the book You Don’t Always Get What You Pay For: The Economics of Privatization, (2000) written by Dr. Elliott D. Sclar, a professor and economist at Columbia University and Director of the Center for Sustainable Urban Development, Dr. Sclar devotes a considerable amount of focus to the Rural Metro example in Chapter 4 of the book. Nearly every important study advocating or studying the privatization of municipal services refers to Scottsdale, yet few cities have followed its example. Even among those that have, they often drop the practice after a brief experiment because the Scottsdale experience is historically unique. Although it demonstrates that private for-profit fire protection is feasible in the United States, it is an example of a monopoly rather than competitive contracting. Every year, without competitive bidding, Rural Metro and the City of Scottsdale negotiate a cost-plus-profit contract for fire protection for the next twelve months. Dr. Sclar goes on: Because Rural Metro is a for-profit firm, it has strong market incentives to economize its staffing levels, which is does with an elaborate staffing patten that involves on-call reserve firefighters as well as volunteers. It can manage in this fashion only so long as the population density of Scottsdale remains significantly less than the regional average. As urbanization proceeds, pressure on the company to conform to regional staffing norms becomes irresistible. Given the cost-plus nature of the Scottsdale – Rural Metro relationship [8.5% profit on the direct cost of service], it is difficult to see how the city can avoid absorbing these added staffing costs. It is easy to envision a time and situation in which an economically booming Scottsdale is transformed from one of the lowest-cost providers in the area into one of the highest. McGrath Consulting Group, Inc. Page 21 If it’s such a good idea… Arizona is a politically conservative state. If for-profit fire service was clearly more cost-effective than direct municipal service, little would stop neighbors of Scottsdale from following its example. Despite the favorable reviews garnered nationally by Rural Metro, there is no local groundswell of support to have other cities sign on the dotted line. Indeed, some newer jurisdictions that had contracted with the Scottsdale-based provider have switched to municipal fire protection. Interestingly Dr. Sclar’s book was published in 2000, three years prior to Rural Metro’s notice to Scottsdale of their intent to abandon their contract and five years before the City of Scottsdale began operation of their newly created municipal fire Department. Control of Fire Protection A primary reason for movement away from contracted fire services is the desire for local control. In the case of a master contract as utilized by Fountain Hills, the town owns the fire stations, apparatus, and equipment, it just doesn’t employ the fire service personnel directly. This ownership of facilities and equipment may or may not be historically consistent with other Rural Metro master contracts. Fire Chief In Fountain Hills, Rural Metro has assigned a designated fire chief to serve as a department head for the community. Although Chief David Ott is assigned to this position, the town manager ultimately has no direct control over Chief Ott and/or the operation of the fire department. Per the existing Rural Metro agreement, the Town Manager has advisory input that is to be “considered” by the Fire Chief. ARTICLE I, Section 1.6, Subsection E: The Town Manager shall be responsible for coordinating all services within the primary service area as well as conveying the wishes of the Town to the Fire Chief with respect to such services. The Fire Chief shall, at all times, consider the request of the Town Manager with respect to the implementation of fire protection and emergency medical services. While the Town Manager shall have no chain of command authority to direct the operations of Rural Metro employees, such authority being reserved to the Fire Chief, the parties to this agreement understand that the Town expects Rural Metro to reasonably respond to its needs for fire protection and emergency medical services as communicated through the Town Manger. In the opinion of the Lead Consultant, Fountain Hills is blessed to have a dedicated and professional individual serving as fire chief; however, Chief Ott is often caught in the middle as he works to manage the expectations of the Town Manager and the Council while simultaneously reporting to senior leadership at Rural Metro. This unenviable position has more than once placed Chief Ott “between a rock McGrath Consulting Group, Inc. Page 22 and a hard place” as he tries to navigate the needs of the community while working under the direction of a for-profit company. Cost of Service As evidenced by the literature review, some communities/fire districts have found it more economical to operate their own departments while others have elected to create their own departments even though a cost increase was realized. In this latter situation, the driving factor reportedly was the continuity of service provided by their own department and the ability to control costs at the local level. Rural Metro has had a presence in Fountain Hills since the early 1970s. The current contract began with the 2017/2018 fiscal year and is a 5-year agreement with two 2-year extensions, potentially extending to 2026. Each year of this multi-year contract includes a 3% annual multiplier. This multiplier is believed to have been the same number used throughout Rural Metro’s history working in the Fountain Hills area. The contract price upon commencement of the current agreement in 2017 was $3,508,053 annually. Stability of Services As communities/districts have moved away from contractual services, Fountain Hills remains one of the last master contract communities offered by Rural Metro. The other two master contracts are with the Town of Carefree, who is currently evaluating options related to a move away from Rural Metro, and the retirement community of Leisure World located in Mesa. Since Rural Metro is not adding new master contracts, one can surmise that the model is no longer a priority under Global Medical Response (GMR) leadership. This is concerning and must be a primary focus when considering the future of fire protection for the Town of Fountain Hills. Under the current contact, ARTICLE II: Section 2.2 and 2.3 address agreement termination. • Rural Metro may terminate for convenience upon 2-years written notice to the town. • The Town may terminate for convenience 365-days after serving notice to Rural Metro. Regional Automatic Aid System In any deliberations related to a change in fire protection services, the issue of Regional Automatic Aid must be understood and considered. The Regional Automatic Aid System utilized in the Phoenix Valley has been in existence since 1976. It is a time-tested deployment model that provides the closest, most appropriate fire service resource regardless of jurisdictional boundaries. It is easily and decisively the “gold standard” for automatic aid systems operated throughout the United States. It was the original model for fire department shared services and continues to set the example for excellence in asset deployment and cost efficiency. Key aspects of the system include but are not limited to: McGrath Consulting Group, Inc. Page 23 • Shared communication centers: Individual communities do not need to maintain their own public safety answering point (PSAP) and dispatch center. • Joint equipment purchasing • Better geographically-located facilities/fire stations designed to provide timely emergency response coverage to a designated district/area instead of a single-focused community model. This is accomplished through a conscious distribution of resources within a member’s jurisdictional boundaries to ensure that no participant unfairly benefits at the expense of another member and that jurisdictional equity and autonomy is maintained. • All assets maintained by a member of the Automatic Aid System are available, shared, and operated as if the asset is the property of the entire system and not just belonging to a single community/district. • No liability exists if a community is not able to provide the requested assistance due to other calls or being unavailable due to training, public education, community events, etc. • Operation and staffing of specialty response teams (examples): o Hazardous Materials o Trench Rescue o Structural Collapse Rescue o Confined Space Rescue o High-angle Rescue o Dive/Underwater Rescue o Swift Water Rescue o Mountain Search and Rescue o Fire Cause and Origin Investigation • Shared specialized unit response: o Command Team o Rehab o Brush Fire Response o Water Tenders Hallmarks of the system are shared standard operating procedures, training and 4-person staffing. All participants of the automatic aid system agree to operate at emergency incidents utilizing the same protocol and procedures. To accomplish this, they also agree to provide the same base level (academy) training to all firefighters. Likewise, incumbent firefighters are required to attend continuing education including specialized training based on their rank and operational assignments (e.g., engine company, ladder company, safety officer, command officer, etc.). These two factors allow the various participants to operate seamlessly as one large fire response agency compared to individual jurisdictions who only come together during times of emergency and are then forced to merge operations spontaneously. In addition to coordinated standard operating procedures and training, a staffing standard of 4-person companies is maintained. This staffing level not only meets national standards (NFPA 1710), but also McGrath Consulting Group, Inc. Page 24 ensures that the same number of firefighters will arrive on-scene and be able to perform standardized functions regardless of jurisdiction. This staffing level applies to all engine and ladder companies. Another major aspect of the system is the elimination of duplicate services. Since equipment and tools are shared as part of the specialty team response model, it fosters the purchase and maintenance of specialty assets and equipment that would likely be prohibitive in cost or frequency of use for any one jurisdiction. Difference Between Automatic Aid and Mutual Aid Automatic Aid Automatic aid occurs when departments/districts agree prior to an emergency incident to share resources as part of the original/first dispatch to a 9-1-1 call for help. The National Fire Protection Association (NFPA) defines automatic aid as follows: Automatic aid is established through a written intergovernmental agreement that provides for the simultaneous dispatch of a predetermined response of personnel and equipment to a neighboring jurisdiction upon receipt of an alarm and is included as part of a communication center’s dispatch protocols. As an example, if Fountain Hills was operating as part of the Regional Automatic Aid System for a reported structure fire, Fountain Hills would respond with equipment from both fire stations along with equipment from Scottsdale (or the nearest auto-aid partner) to establish a base-level response. A typical base level response (single-family dwelling) within the automatic aid system is three engine companies and one ladder company (commonly known as a 3 and 1). This automatic “front loading” of response equipment and staffing is extremely important in today’s fire environment since fires progress much quicker than in years past, due to the combustibility of the products burning (i.e., plastics/composites/laminates/foams compared to natural products). This faster-moving fire environment requires greater assets early in an incident to quickly gain control and minimize loss. Automatic aid is also preplanned to include multiple alarms thereby allowing an incident commander to simply elevate the response (i.e., 2nd Alarm, 3rd Alarm, 4th Alarm, etc.). This preplanning is efficient and greatly assists the incident commander in his/her decision-making process. Lastly, automatic aid response is based on the closest asset to the emergency incident regardless of jurisdictional boundaries. Mutual Aid Mutual aid is not automatic. Mutual aid is requested on an ad hoc basis by the local incident commander. Using the mutual aid model, the Fountain Hills incident commander would arrive on scene, determine that assistance is needed, determine which department/district can best assist, then have Rural Metro McGrath Consulting Group, Inc. Page 25 Dispatch contact the department/district to see if they are able to respond. Mutual aid, even in the best situations, takes time to put into operation. Though mutual aid partners may regularly train together, in the Rural Metro model, members are trained separately from the Auto Aid System’s regular training program. There is also no commonality of training and operational procedures between Rural Metro, Fort McDowell Yavapai Nation Fire Department, Salt River Fire Department, or partners in the Regional Automatic Aid System. Applicability of Automatic Aid to National Standards National standards exist that can be used by Fountain Hills to help in decision making related to management of the organization. NFPA standards are not mandatory unless they have been adopted by the Occupational Safety and Health Administration (OSHA), Arizona State Statutes, or one of Arizona’s regulatory agencies/bodies. The National Fire Protection Association (NFPA) is a global, non-profit organization that promotes safety standards, education, training, research, and advocacy on fire and electrical-related hazards. Established in 1896 as a way to standardize the use of fire sprinkler systems, the NFPA’s scope grew to include building design, rescue response, electrical codes, and other safety concerns. NFPA publishes more than 300 consensus standards intended to minimize the possibility and effects of fire and other risks. NFPA standards are administered by more than 250 technical committees comprising approximately 8,000 volunteers. NFPA standards are adopted and used throughout the world. The National Fire Protection Association (NFPA) uses consensus standard rule making. Consensus standards are developed through the cooperation of all parties who have an interest in participating in the development and/or use of the standards. Consensus requires that all views and objections be considered and that an effort be made toward their resolution. Committees are composed of industry representatives, fire service representatives, and other affected parties who all work together to agree on the final rule. NFPA standard revision dates work on a three-to-five-year review cycle. NFPA standards are used primarily by emergency response agencies to established benchmarks of professional performance. In almost any legal proceeding, NFPA is utilized as the standard for determining performance criteria of a fire response organization. NFPA 1710 NFPA has adopted two (2) standards addressing fire department organization and operation: NFPA 1710 – Organization and Development of Fire Suppression, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments – and a sister standard NFPA 1720 – Organization and Development of Fire Suppression, Emergency Medical Operations, and Special Operations to the Public by Volunteer/Paid-On-Call Fire Departments. NFPA 1710 is applicable to Fountain Hills. McGrath Consulting Group, Inc. Page 26 Chapter 5 of NFPA 1710 provides specific details on fire department service capabilities, staffing, deployment, and response times. It includes benchmarks for structural fire suppression, EMS, aircraft rescue and firefighting (ARFF), special operations, marine rescue and firefighting (MRFF), and wildland. Structural fire suppression standards are broken down based on the type of occupancy and the square footage: • Single-family dwelling (2000 ft2) • Open air strip shopping (13,000 – 196,000 ft2) • Apartment (1200 ft2 per unit constructed in a 3-story or garden apartment configuration) • High-rise (the highest floor is 75’ above grade) Different deployment models are assigned for each of the above occupancies based on their level of risk and likely operational needs. Staffing numbers are then assigned along with time standards, beginning with call initiation, until all units have arrived on scene. The below charts detail the NFPA 1710 task/role needs, along with staffing requirements, for fires in structures applicable to the Town of Fountain Hills. McGrath Consulting Group, Inc. Page 27 Table 1 : Task and Staffing Standards - Single Family Residential Structure Fire Single-family dwelling (2000 ft2) Task/Role Staff Number Needed Dedicated incident commander 1 Pump operator with a dedicated water supply 1 Ability to establish and operate 2-handlines (attack and backup) 4 One support member for each attack and backup line to assist in stretching of hose lines, utility control, and forcible entry as necessary 2 Provision of at least one victim search and rescue team 2 Provision of at least one team to raise ground ladders and perform ventilation 2 If an aerial device is used in operations, one member is required to function as the aerial operator to maintain primary control of the aerial device at all times. 1 At a minimum, an initial rapid intervention crew (IRIC) assembled from the initial attack crew and, as the initial alarm response arrives, a full and sustained rapid intervention crew (RIC) established. (OSHA Respiratory Protection Standard; 29 CFR § 1910.134): 4 Total staffing numbers required for compliance 16 *17 if aerial ladder is being used *When an incident escalates beyond an initial full alarm assignment, or when significant risk is present to the member due to the magnitude of the incident, the incident commander shall request an EMS crew consisting of a minimum of two members to provide treatment and transport for injured members and civilians. In addition to staffing numbers based on tasks/roles, NFPA has also established response time parameters along with performance percentage indicators. Table 2: Response Time Standards - First Alarm Response Time Standards – First Alarm Assignment Unit(s) Time from Dispatch to Arrival Performance Standard First Engine Company 240 sec. (4 minutes) 90% of the time Second Engine Company 360 sec. (6 minutes) 90% of the time Full Initial Alarm Assignment (3 and 1) 480 sec. (8 minutes) 90% of the time McGrath Consulting Group, Inc. Page 28 Table 3: Task and Staffing Standards - Strip Shopping Center & Apartment Building Open air strip shopping (13,000 – 196,000 ft2) and Apartment (1200 ft2 per unit constructed in a 3-story or garden apartment configuration) Task/Role Staff Number Needed Establishment of incident command outside the hazard area for the overall coordination, direction, and safety of the initial full alarm assignment. This number includes the incident commander and a safety officer. 2 Establishment of two uninterrupted water supplies with each supply line maintained by an operator. 2 Establishment of an effective water flow application rate of 500 gallons per minute (GPM) from three handlines, each of which has a minimum flow rate of 150 GPM. 6 One support member for each attack and backup line to assist in stretching of hose lines, utility control, and forcible entry as necessary 3 Provision of at least two victim search and rescue teams 4 Establishment of an initial medical care component capable of providing immediate on-scene emergency medical support and transport that provides rapid access to civilians or firefighters potentially needing medical treatment. 2 Provision of at least two teams to raise ground ladders and perform ventilation 4 If an aerial device is used in operations, one member is required to function as the aerial operator to maintain primary control of the aerial device at all times. 1 At a minimum, an initial rapid intervention crew (IRIC) assembled from the initial attack crew and, as the initial alarm response arrives, a full and sustained rapid intervention crew (RIC) established. (OSHA Respiratory Protection Standard; 29 CFR § 1910.134): 4 Total staffing numbers required for compliance 27 *28 if aerial ladder is being used McGrath Consulting Group, Inc. Page 29 Table 4: Response Time Standards - First Alarm at Strip Shopping Centers and Apartments Response Time Standards – First Alarm Assignment Unit(s) Time from Dispatch to Arrival Performance Standard First Engine Company 240 sec. (4 minutes) 90% of the time Second Engine Company 360 sec. (6 minutes) 90% of the time Full Initial Alarm Assignment 610 sec. (10 minutes and 10 seconds) 90% of the time Rural Metro provides monthly reports to Fountain Hills. These reports include average monthly call response times as well as information on response times from the individual fire stations. These response times reflect all emergency calls for service. Data is not available to allow a breakdown focused specifically on structural fire responses, therefore, a true comparative analysis is impossible. The data is also focused on “first arriving” and does not include data for the “second company” or arrival of a “full initial alarm assignment.” The contract between the Town of Fountain Hills and Rural Metro establishes an average 5-minutes or less response time for the first arriving unit. Although not specifically stated, it is assumed that this standard is 300 seconds or less. The agreement also references an 8-minute response area that is impacted by fire station location. Per the agreement, this response standard (in both cases) is to be met 90% of the time. Exceptions exist and are noted within the contract. These are primarily due to concerns with severe weather, high call volume, disasters, etc. Response data for the past 6-years is provided below: Figure 4: Fountain Hills Average Response Times McGrath Consulting Group, Inc. Page 30 Figure 5: 5-Minute Time Zone Compliance Figure 6: 8-Minute Time Zone Compliance Although not meeting NFPA 1710, Rural Metro is in full compliance with the contract established with the Town of Fountain Hills. McGrath Consulting Group, Inc. Page 31 NFPA 1221 Several standard-setting bodies exist within the emergency services communication field. • APCO – Association of Public-Safety Communications Officials • ANSI – American National Standards Institute • NENA – National Emergency Number Association • NFPA – National Fire Protection Association (NFPA 1221 - Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems) Although each have their specific areas of focus, all agree on a standard template related to call processing. This is important since NFPA 1710, as indicated in the charts above, establishes several benchmarks for response times that have a direct tie to quality customer service. These benchmarks only work if call processing times are held to a strict standard of emergency responder notification. Table 5: Emergency Call Processing Standards Emergency Call Processing Standards PSAP Function Process Time Standard Performance Criteria 9-1-1 Calls Answered ≤15 Seconds 90% of the time ≤20 Seconds 95% of the time Time to Dispatch ≤60 Seconds 90% of the time ≤90 Seconds 95% of the time Table 6: Emergency Call Processing Flowchart Emergency Call Processing Flowchart Event (Something happened requiring emergency assistance) Call Initiated (Call placed to 9-1-1 requesting help) Call Rings at PSAP Call Answered Call Processing (Determining the nature of the emergency & call location) Call Entry (Entering call information into CAD) Call Dispatch (Emergency responders notified of the call) 15 - Seconds 60 - Seconds Fountain Hills fire assets are dispatched by Rural Metro communications. Due to the required call transfer from the public safety answering point (PSAP) to Rural Metro, an automatic delay is currently built into the system. Rural Metro, within the contractual agreement with Fountain Hills (ARTICLE 1: Section 1.4, Subsection B), states that the communication center dispatch times will meet the above criteria. Although requested through the Fire Chief, no computer aided dispatch data related to call processing was provided. Additionally, no data was available to indicate the response time of “second companies” as well as mutual aid assets. McGrath Consulting Group, Inc. Page 32 Current Fountain Hills Model When comparing the current Fountain Hills response model against national standards (since no computer aided dispatch data was available), the consultants had to rely on mapping programs to estimate mutual aid response times. To conduct this analysis, the closest fire stations were identified and then mapped using the Fountain Hills Town Hall as the destination address (16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268). Each of these numbers are shown as “drive time” numbers and not “response” numbers which may be slightly faster. In Table 7, stations colored “Gold” operate as part of the Regional Automatic Aid System. Those in “Gray” are mutual aid, and those in “lime green” are the nearest Rural Metro stations out of town. Since Rural Metro is not part of the Regional Automatic Aid System and operates their own dispatch center, any non-Rural Metro assets responding should be considered mutual aid. Since mutual aid requires Rural Metro to contact the dispatch center for the requested mutual aid asset, even under best conditions, a 3–5 minute delay can be expected and should be added to the overall response time. When comparing NFPA 1710 for a Single-family dwelling (2000 ft2) with a total assignment response time of 480 sec. (8 minutes) against the numbers indicated below, Fountain Hills does not meet the standard related to response times. When looking at staffing levels and considering the eight (8) on-duty Fountain Hills firefighters, plus the on-call Fountain Hills chief officer, plus the three (3) firefighters [sometimes dropping to 2-firefighters to reduce overtime] assigned to Rural Metro Station 826, the total number of responding personnel are four to five (4 - 5) short of meeting NFPA 1710. Since Scottsdale has ceased mutual aid partnerships with Rural Metro, the shortfall in staffing will need to be covered by either Fort McDowell, Rio Verde and/or Salt River. Rural Metro Station 821 could respond with staffing and equipment, but their turnout time plus drive time from Carefree makes them more than 40-minutes away. Considering NPFA 1710 related to open air strip shopping centers or apartments the current Fountain Hills Rural Metro model cannot meet the established national standard. Rural Metro was able to provide a map (Figure 6) detailing 5-minute response zones from the individual Fountain Hills fire stations. Although helpful, the map does not provide information related to asset response as required by NFPA 1710. It does show the strengths and weaknesses related to fire station locations within the Town. McGrath Consulting Group, Inc. Page 33 Table 7: Mutual Aid Partners - Station Location and Travel Distances Mutual Aid Partners: Station Location and Travel Distances To Fountain Hills Town Hall Fire Station Miles Minutes Fort McDowell 4.5 9 Scottsdale Station 607 6.1 11 Scottsdale Station 606 9 14 Rio Verde 11 17 Salt River Station 294 13.9 18 Scottsdale Station 604 11.2 18 Scottsdale Station 608 10.8 19 Salt River Station 292 13.4 19 Rural Metro Station 826 (Scottsdale) 15.6 22 Salt River Station 291 15.9 22 Salt River Station 293 15.8 23 Rural Metro Station 821 (Carefree) 29.4 39 _____ = Regional Automatic Aid System _____ = mutual aid _____ = nearest Rural Metro stations out of town Impact of Automatic Aid Based on current fire station locations, should the Town join the Regional Automatic Aid System, not all addresses within the Town of Fountain Hills will meet the NFPA 1710 standard for response times. To fully comply with NFPA 1710 a third fire station will be needed. Membership in the system would however speed the number of firefighters on-scene. Operations would also be enhanced by the increased training standards and joint operations procedures. McGrath Consulting Group, Inc. Page 34 Figure 7: Fountain Hills Response Zones per Fire Station McGrath Consulting Group, Inc. Page 35 Central Arizona Life Safety System Response Council Should the Town of Fountain Hills elect to cancel services currently provided by Rural Metro and enter the auto-aid system, the Town will need to petition the Central Arizona Life Safety Response Council for admission. The Life Safety Council consists of all fire chiefs representing departments/districts who are part of the Regional Automatic Aid System. This group meets regularly and is responsible for the coordination of operational procedures and training. Within the group is the Executive Life Safety Council who provides direct system oversight and reviews all requests for expansion of jurisdictional boundaries greater than five square miles as well as applications for inclusion in the Automatic Aid System. Each proposal is assessed against system standards (i.e., communications/dispatch, staffing, minimum firefighter training standards). Each application is also evaluated to determine both the positive and negative impacts of inclusion in the system. In essence, applicants need to enhance the services provide by the system. Key requirements for consideration by the Executive Life Safety Council are as follows (see Appendix B: Intergovernmental Agreement for the Regional Metropolitan Phoenix Fire Service Automatic Aid): Communication and Dispatch All participants must be part of the Phoenix Fire Regional Dispatch System or the Mesa Fire Regional Dispatch System. All participants must also be a member of either the Phoenix Regional Wireless Cooperative (PRWC) or the Topaz Regional Wireless Cooperative (TRWC). Departments/Districts that enter the system that are not members of PRWC or TRWC shall have an active plan to become members within one (1) year of entry. For a participant(s) that does not meet this requirement, any party can request a vote of the Central Life Safety Response System Council for a determination as to whether the participant(s) not meeting this requirement will remain eligible for automatic aid response, or if the participant(s) will then default to a mutual aid response. These Regional Dispatch Systems will use a Computer Aided Dispatch (CAD) system that automatically selects the closest, most appropriate participants’ unit(s) for dispatch. The CAD system shall be a centralized, totally integrated unit dispatch/status keeping system. Staffing Levels Full staffing as described in NFPA 1710 on engines and ladders provides the most efficient and effective personnel safety and service delivery to the public. System participants recognize the importance of service delivery and personnel safety issues. The minimum daily staffing level for all engines and ladders shall be four (4) members which is “full staffing” under NFPA 1710. McGrath Consulting Group, Inc. Page 36 Minimum Firefighter Training Standard To ensure safety, baseline knowledge and a consistent approach to performing tactical operations, all participants agree to require that all emergency response employees receive initial firefighter recruit training through a recognized regional fire training academy or through an alternative method, as approved by the Life Safety Council, which meets the published curriculum. The four- currently recognized regional fire training academies are Phoenix, Mesa, Glendale, and Chandler. Regional Dispatch Centers As required by the Regional Automatic Aid System Agreement, all member agencies must be part of the Phoenix Fire Regional Dispatch System or the Mesa Fire Regional Dispatch System. Members must also be part of the Phoenix Regional Wireless Cooperative (PRWC) or the Topaz Regional Wireless Cooperative (TRWC). Should the Town move away from Rural Metro, a decision will need to be made related to which regional dispatch center to affiliate. Both regional dispatch centers operate using real time – interactive computer aided dispatch (CAD) systems that share data between the two centers. One center can serve as a backup center should the other loose capability. The centers also utilize Automatic Vehicle Location (AVL) equipment to track the location of apparatus as well as Geographic Information System (GIS) to discern the location of the emergency allowing CAD to match the closest and most appropriate units for response to the incident. This is done regardless of geographical community boundaries. The two centers generally divide the Valley by Highway 101. Those to the west operate through Phoenix and those to the east operate through Mesa. Members are divided as follows: Phoenix Fire Regional Dispatch/Phoenix Regional Wireless Consortium (PRWC) • Arizona Fire and Medical Authority • City of Scottsdale • Buckeye Valley Fire District • City of Surprise • City of Avondale • City of Tempe • City of Buckeye • City of Tolleson • City of Chandler • Daisy Mountain Fire Department • City of El Mirage • Harquhala Fire District • City of Glendale • Sun City Fire and Medical Dept. • City of Goodyear • Town of Guadalupe • City of Maricopa • Town of Paradise Valley • City of Peoria • Town of Wickenburg • City of Phoenix McGrath Consulting Group, Inc. Page 37 Mesa Fire Regional Dispatch/ Mesa Regional Wireless Cooperative (TOPAZ) • City of Apache Junction • City of Mesa • Rio Verde Fire District • Superstition Fire and Medical District (formerly Apache Junction Fire District) • Town of Gilbert • Town of Queen Creek Estimated Startup Costs Although there is slight variation in costs between Phoenix Regional Dispatch and Mesa Regional Dispatch, the most recent and comprehensive cost estimates for startup and annual fees comes from numbers provided to the Town of Cave Creek, AZ. The Cave Creek numbers were provided in July 2020 by the Phoenix Regional Dispatch Center. If the Town of Fountain Hills decides to join the Mesa system, the cost projections as noted will likely be somewhat less. In estimating startup and annual costs, the consultants added a 3% annual multiplier to reflect cost increases in the years since the projection was provided to Cave Creek. The numbers also reflect a current (rounded up) Fountain Hills’ call volume as well as the number of apparatus operated by Fountain Hills per the current Rural Metro contract. The projections account for the two current fire stations. Should the Town of Fountain Hills elect to add a third fire station, using today’s numbers, the overall cost will increase by roughly $18,550 annually with a startup cost to add the new facility of $132,713. This calculation includes an additional computer configuration for the added fire apparatus responding from the new fire station. See Figure 8. McGrath Consulting Group, Inc. Page 38 Figure 8: Projected Dispatch Costs Startup Costs Description Qty Unit Cost Total Inflationary Multiplier Projected Costs - Fountain Hills Generation II Fire Station Dispatch Package 2 $90,000.00 $180,000.00 3%$190,962.00 Installation - Generation II Fire Station Dispatch Package (350 hours per fire station at $70/hr labor fee) 2 $24,500.00 $49,000.00 3%$51,984.10 Synthesized Voice System 2 $695.00 $1,390.00 3%$1,474.65 Mobile Computer Terminals (MCT)8 $5,885.71 $47,085.68 3%$49,953.20 AirMobile MCT Update System 2 $3,500.00 $7,000.00 3%$7,426.30 WAN Network Equipment for Primary Site 1 $6,500.00 $6,500.00 3%$6,895.85 Test (4 hours per system @ $70/hr labor fee)3 $280.00 $840.00 3%$891.16 PCMSS New License / Station 0 $200.00 $0.00 3%$0.00 Contingency 0 $100.00 $0.00 3%$0.00 Data Circuit Installation for ringdowns / Station 2 $340.00 $680.00 3%$721.41 Data Circuit Installation for primary site 1 $340.00 $340.00 3%$360.71 $310,669.37 Annual Costs Fire Dispatch Fee 4300 $24.46 $105,178.00 3%$111,583.34 $111,583.34 Annual General Maintenance Service Fees Station Alerting Package Maintenance Fee 2 $9,300.00 $18,600.00 3%$19,732.74 MCT Maintenance Fee 8 $4,100.00 $32,800.00 3%$34,797.52 AirMobile Maintenance Fee 2 $4,100.00 $8,200.00 3%$8,699.38 $63,229.64 Annual Network System Fees WAN/LAN System Fee 1 $17,400.00 $17,400.00 3%$18,459.66 Add'l PCMSS License 0 $200.00 3%$0.00 $18,459.66 Annual CAD System Fees CAD Modernization Service Fee 4300 $5.00 $21,500.00 3%$22,809.35 CAD Maintenance Service Fee 4300 $1.00 $4,300.00 3%$4,561.87 $27,371.22 Annual GIS & Data Analytics Fee 4300 $0.00 $0.00 3%$0.00 $0.00 $220,643.86 Subtotal: Total Annual Costs Total Startup Costs Fountain Hills Regional Dispatch System Subtotal: Subtotal: Subtotal: Subtotal: Projected Costs McGrath Consulting Group, Inc. Page 39 Staffing Options and Costs Status Quo This option continues the contractual service agreement with Rural Metro. Under this model, the Town owns the fire stations, apparatus (not the ambulances), and all loose equipment including the Self-Contained Breathing Apparatus (SCBA), cardiac monitors, and extrication equipment. Rural Metro provides the personnel as well all structural and wildland personal protective equipment (PPE). Historically, the contract includes an annual 3% inflationary multiplier, thereby allowing the Town to accurately project/budget future costs for fire protection. Under this option, the Town is not eligible for membership in the Regional Automatic Aid Program. The Central Arizona Life Safety System Response Council has clearly and repeatedly blocked Rural Metro from inclusion and seemingly has no appetite to modify this policy. Without inclusion in the system, Fountain Hills does not meet the national standard for response times to structural fire incidents as well as staffing deployment. Additionally, the town of Scottsdale has ended their mutual aid agreement with Rural Metro, which has a potentially negative impact on the services provided within Fountain Hills. Of greatest concern is the wildland urban interface that exists where homes are built into the desert landscape. This land use configuration has the strong potential for large wildland fires that would require significant personnel and equipment to maintain control, with the likelihood of significant property damage/loss. The use of regional teams to provide command, water tender response, and brush fire apparatus would be beneficial and likely imperative during these type incidents. Another concern of not being part of the automatic aid system is the lack of specialty team response capabilities. Of specific concern is the need for hazardous materials mitigation, trench and confined space rescue, and mountain search and rescue. Conversely, under the existing model the Town historically has a very low fire dollar loss value, and Rural Metro is in full compliance related to their agreed-upon response time standards established in the contract with the Town. The firefighters and department leadership assigned to the Town appear to be dedicated and committed to providing the best services possible. The overarching concern noted through this study is the long-term stability of Rural Metro. Over the past 40-years, communities/districts have discontinued contractual services with Rural Metro and moved to a municipal/district-based fire protection model. This has significantly reduced Rural Metro’s market share of available contract options. Included in this concern is the fact that Fountain Hills is one of the few remaining Master Contract communities and should the Town of Carefree elect to discontinue services with Rural Metro, Fountain Hills will be the last remaining municipal contract. It can be surmised, based McGrath Consulting Group, Inc. Page 40 on an evaluation of Rural Metro’s current clients, that the master contract model is not their business priority since new master contracts are not being added. A significant concern exists in that Rural Metro could give notice to the Town that they are terminating their agreement for convenience. Fountain Hills would then have two years to develop and implement a plan for fire protection. Based on this concern, it is strongly recommended that the Town develop a contingency plan for the possibility that Rural Metro might exercise their right to end their contractual relationship. Assuming all things remain consistent with the application of a 3% inflationary multiplier for the Rural Metro contract as well as a 3% multiplier against all other line items, a 10-Year fire service budget project is shown in the following chart. Figure 9: Status Quo Budget Projection Create own Fire Department Under this option the Town of Fountain Hills would create and operate a municipally owned fire department. Two distinct but similar options exist. • Option #1: Standalone Fire Department that DOES NOT MEET the Regional Automatic Aid Standard • Option #2: Standalone Fire Department that MEETS the Regional Automatic Aid Standard In both cases, captains, engineers, and firefighter/paramedics would work a 24-hr. on-duty shift followed by 48-hours off-duty. The fire chief, fire marshal, administrative assistant and training officer would work a typical 40-hour week. Additionally, under either of these models the Town will need to contract with a physician willing to provide medical direction and oversight to the department’s EMT and Paramedic health care providers. This is typically paid through an annual stipend process. Depending on the provider, costs could range between $0 - $70,000 annually. This number is not included in either of the total cost estimates since it is very dynamic depending on the medical institution the Town decides to partner with. Option #1: Standalone Fire Department that does not meets the Regional Automatic Aid Standard Should the Town of Fountain Hills decide to create and operate a municipal fire department, the option still exists as to whether this new department would be part of the Regional Automatic Aid System. The benefits of joining the system are many; however, there is a significant increase in costs associated with joining the system. Additionally, since Rural Metro would no longer provide dispatching services, the town would need to join one of the two regional dispatch centers. FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 FY 31-32 FY 32-33 $4,319,678.44 $4,449,268.79 $4,582,746.86 $4,720,229.26 $4,861,836.14 $5,007,691.22 $5,157,921.96 $5,312,659.62 $5,472,039.41 $5,636,200.59 10-Yr. Budget Project Status Quo McGrath Consulting Group, Inc. Page 41 Under Option #1 several staff changes will be required. Since there is no longer a “backfill pool” the department will need to increase staffing per shift to cover paid-time-off (PTO). Fountain Hills offers sick, vacation, holiday, and personal leave to their full-time employees. Based on this, a typical firefighter working a 24-hour-on/48-hour-off schedule is assigned to cover 120 shift days per year. When you apply PTO along with work reduction days covered by the Fair Labor Standards Act (FLSA), an individual firefighter will be on-duty about 100 days per year. To cover these PTO vacancies without creating automatic overtime while still maintaining a staffing level of eight (8) firefighters per shift (3-per engine company and 2-per ladder company), the department will need to staff each 24-shift with two additional full-time employees. This translates into six (6) additional new hire firefighters. In addition to the new full-time firefighters, the department will require administrative support. It is recommended that a full-time administrative assistant be added to assist in records management and the processing and tracking of data. Additional Information Technology and Human Resource support will likely also be needed. Included in cost projections is the salary and benefits for a Human Resource Generalist and an Information Technology Specialist. Since Rural Metro will no longer be responsible for staff training, it is recommended that a full-time training officer be hired to work a 40-hour week. This position will be responsible for daily shift training/drills, EMS continuing education, succession planning/staff development and ongoing employee safety. This position will ensure mandatory training and department compliance with all required standards as established by OSHA or similar such regulatory bodies. Department Employees Under Option #1 are as follows: Figure 10: Department Employee Count - Option #1 Standalone Department: DOES NOT MEET Regional Auto Aid Standard Rank Number in Category Fire Chief 1 Fire Marshal 1 Administrative Assistant 1 Training Officer 1 Captain 6 Engineer 6 Firefighter/Paramedic 18 * Total full-time employees – all categories: 34 McGrath Consulting Group, Inc. Page 42 Figure 11: Annual Budget for Option #1 Note: Included in the section titled “Other Personnel and Related Administrative Costs” is the projected expenses for recruit training at a regional fire academy. If incumbent Rural Metro firefighters were hired and sent to a “bridge academy,” the cost per student would be less, thereby realizing a savings in this category. Option #2: Standalone Fire Department that MEETS the Regional Automatic Aid Standard Should the Town of Fountain Hills decide to create and operate a municipal fire department that meets the standards of the Regional Automatic Aid System, additional staffing numbers will be required. Under Option #2 minimum staffing per engine and ladder company needs to be four (4) firefighters per unit. Instead of fully staffing both engine companies and the ladder company with four (4) firefighters as part of the initial transition to a municipal department, the recommendation is to staff both engines with the required 4-firefighters and then operate the ladder as a “jump company.” Under the “jump company” model, firefighters would cross-staff the engine and ladder responding with whichever piece of equipment is needed based on the type of call. The automatic aid system would then fill the needed apparatus (i.e., engine or ladder company) with a neighboring unit to ensure minimum response matrices are met. Under Option #2 six (6) additional firefighters (in addition to those recommended in Option #1) will be needed. The Town should be cognizant that increasing from 30 shift firefighters to 37 full-time firefighters will likely require three (3) additional full-time firefighters be hired to cover leave time if the town wants to avoid paying “some” backfill overtime. Avoidance of backfill overtime will be important for work life balance and will likely reduce employee turnover. If the Town does not want to hire three (3) additional firefighters at startup, it should strategically plan to add the three (3) firefighters in the future since tenure will likely increase leave time benefits requiring more backfill coverage. The Town should also ensure that the overtime budget realistically covers benefited time off. McGrath Consulting Group, Inc. Page 43 Figure 12 details the number of department employees within each category, excluding the three (3) additional backfill firefighters. Figure 12: Department Employee Count Option #2 Standalone Department: MEETS Regional Auto Aid Standard Rank Number in Category Fire Chief 1 Fire Marshal 1 Administrative Assistant 1 Training Officer 1 Captain 6 Engineer 6 Firefighter/Paramedic 24 * Total full-time employees – all categories: 40 Figure 13: Annual Budget for Option #2 Note: Included in the section titled “Other Personnel and Related Administrative Costs” is the projected expenses for recruit training at a regional fire academy. If incumbent Rural Metro firefighters were hired and sent to a “bridge academy,” the cost per student would be less, thereby realizing a savings in this category. In both Option #1 and Option #2, the Town’s personnel policies will need to be modified to accommodate 24-hour employees, including time off provisions. Additionally, modifications will need to be made related to the handling of firefighters working holidays when the rest of the town’s employees are off work. Lastly, personnel policies will need to address FLSA work periods and Kelly Days/FLSA work reduction days. Should the Town decide to pursue Option #2, it is strongly recommended that a consultant knowledgeable in the Regional Automatic Aid System be hired to help the town prepare its application and assist with planned implementation. The change in dispatching protocols, standard operating guidelines, and the McGrath Consulting Group, Inc. Page 44 needed upgrade in base training is complicated, and the town would benefit from the expertise of someone familiar with the process. Several local consultants exist giving the Town various options. Vehicle/Equipment/Maintenance Costs – Option #1 and #2 The Town of Fountain Hills, per the agreement with Rural Metro, is responsible for the purchase and maintenance costs of apparatus, tools, and equipment. Based on conversations with the Rural Metro assigned Fire Chief, the consultants understand that the Town maintains a vehicle replacement sinking fund (i.e., saving account) used for the purchase of new apparatus. Sinking funds are an incredibly wise financial management tool when applied to the purchase of fire apparatus and some specific equipment. Currently, Rural Metro (per their agreement) conducts the maintenance and repairs of equipment at a cost plus 10% pricing model. Then they invoice the Town monthly. A review of costs are as follows: Figure 14: Maintenance Costs Throughout this report, cost projections include maintaining these fees at the historical averages shown. Since Rural Metro will no longer provide maintenance services, the Town will need to find a provider who can do this work. Intergovernmental Agreement Two options exist related to an interlocal agreement with the City of Scottsdale. For tracking and ease of reading, these options will be labeled as: • Option #3: Standalone Fire Department with Scottsdale providing contractual staffing • Option #4: Scottsdale providing all fire department services Option #3: Standalone Fire Department with Scottsdale providing contractual staffing In this scenario, the Scottsdale Fire Department will basically mimic the Rural Metro contract except that it will meet the standards of the Regional Automatic Aid. Scottsdale is unwilling to provide contract services that do not meet the Automatic Aid standard. In a memo sent to the Town of Carefree on July 21, 2021, Scottsdale provided an “approximate” staffing cost of $136,573 per firefighter. This is an “all in” number which includes benefits and pension. It uses an average calculation rather than one specific to rank. Current Fiscal Year FY 20-21 FY 19-20 FY 18-19 Vehicle Maintenance/Repair 25,996.72 39,682.34 38,336.15 31,406.69 Equipment Maintenance/Repair 4,793.14 4,370.29 13,202.25 11,030.98 McGrath Consulting Group, Inc. Page 45 Figure 15: Personnel Option #3 (All employees belong to Scottsdale) Contractual Staffing from Scottsdale: Meeting Regional Auto Aid Standard Rank Number in Category Division Chief (Acting as “Fire Chief” for the town 1 Fire Marshal 1 Administrative Assistant 1 Captain 6 Engineer 6 Firefighter/Paramedic 24 * Total full-time Fountain Hills employees – all categories: 0 Figure 16: Annual Budget for Option #3 Option #4: Scottsdale providing all fire department services In this scenario, the Scottsdale Fire Department will simply merge the two Fountain Hills fire stations and companies into their organization making them part of the Scottsdale Fire Department. Scottsdale is unwilling to provide contract services that do not meet the Automatic Aid standard. In this case, no administrative oversight is needed since the Scottsdale Fire Chief and Executive Team will ultimately be responsible for operation of the entire department, and the Town of Fountain Hills will need to pay nothing other than an invoice as submitted from Scottsdale each year. The budget for this Option is expected to be similar to the one for Option #3 with a reduction in salaries for the Division Chief (Acting as “Fire Chief” for the town), Fire Marshal, Administrative Assistant, HR Generalist, and IT Specialist. A total of $476,885 in reduced dollars is anticipated from what is shown in Option #3. Fiscal Year FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 FY 31-32 FY 32-33 Personnel Costs $5,189,774.00 $5,345,467.22 $5,505,831.24 $5,671,006.17 $5,841,136.36 $6,016,370.45 $6,196,861.56 $6,382,767.41 $6,574,250.43 $6,771,477.95 Dispatching $221,135.34 $227,769.40 $234,602.48 $241,640.56 $248,889.77 $256,356.47 $264,047.16 $271,968.58 $280,127.63 $288,531.46 Operational Costs $371,332.00 $382,471.96 $393,946.12 $405,764.50 $417,937.44 $430,475.56 $443,389.83 $456,691.52 $470,392.27 $484,504.04 Structural PPE Initial Purchase $163,800.00 Structural PPE Annual Replacement $33,768.00 $35,118.72 $36,523.47 $37,984.41 $39,503.78 $41,083.94 $42,727.29 $44,436.38 $46,213.84 Hybrid PPE (Rescue/EMS/Wildland) Initial Purchase $61,425.00 Hybrid PPE (Rescue/EMS/Wildland) Annual Replacement 12,663.00 13,169.52 13,696.30 14,244.15 14,813.92 15,406.48 16,022.73 16,663.64 17,330.19 $6,007,466.34 $6,002,139.58 $6,182,668.08 $6,368,631.00 $6,560,192.13 $6,757,520.18 $6,960,788.96 $7,170,177.53 $7,385,870.36 $7,608,057.47 IGA with Scottsdale - Option 3 10-Yr. Budget Project Grand Totals McGrath Consulting Group, Inc. Page 46 Figure 17: Personnel Option #4 (All employees belong to Scottsdale) IGA with Scottsdale for full FD Services: Meeting Regional Auto Aid Standard Rank Number in Category Captain 6 Engineer 6 Firefighter/Paramedic 24 * Total full-time Fountain Hills employees – all categories: 0 Consolidate into Rio Verde Fire District In this scenario, the Town of Fountain Hills would petition the State to allow them to join the Rio Verde Fire District. The Town would then have no further control over the fire department, and it would be merged into the operations of Rio Verde. Rio Verde is unwilling to provide contract services that do not meet the Automatic Aid standard. Request for Proposal (RFP) The Town of Fountain Hills could do a Request for Proposals looking for a different contractor other than Rural Metro. The financials of this option are unknown but assumed to be similar or less than those of Rural Metro. The lead consultant is aware of three possible contractors. Others may exist but are not readily known. Falck Falck is an international firm headquartered in Denmark. It was created by Sophus Falck in 1906 based on his experiences in the Great Christiansborg Castle fire. Falck is a leader in industrial fire and rescue services at high-risk facilities and critical infrastructure facilities in Spain, the UK, the Netherlands and Germany. Falck provides municipality fire and rescue services throughout Denmark. Falck operates a US headquarters in Orange, CA providing the following services: • Falck Mobile Health/Care Ambulance Service operates more than 250 ambulances in Los Angeles County and Orange County in California. • Falck Northern California provides advanced emergency medical services (EMS) to residents and visitors to Alameda County. • Falck Northwest provides ambulance services in the Puget Sound area. In July 2015 they began servicing Salem Oregon by providing BLS and ALS support to the Salem Fire Department. McGrath Consulting Group, Inc. Page 47 • Falck Rocky Mountain is the exclusive emergency ambulance provider for the City of Aurora, Colorado. Falck current holds no contracts for fire suppression services in the United States. Metro Paramedic Services Metro Paramedic Services is a division of Superior Ambulance Service headquartered in Elmhurst, IL. Superior Ambulance Service began operations in 1959, and they established Metro Paramedic Services, Inc. in 1984. Metro Paramedic Services, Inc. offers complete, turnkey, custom designed options for each client. The company provides firefighters and paramedics to communities in Illinois, Indiana, Michigan, and Wisconsin. Paramedic Services of Illinois (PSI) Paramedic Services of Illinois, Inc. has been providing EMS & Firefighter Personnel since 1975. PSI is headquartered in Itasca, IL. PSI lists their contractual strengths as the following: • A leading provider of contractual paramedics/firefighters • Cost Effective • Customized service agreements • No hiring costs, including background checks and pre-employment physicals • No employee salaries, benefits or pension expenses • No education or training expense • No staffing or disciplinary considerations • No worker’s compensation or disability claims • No employment liability issues • Limited professional liability exposure to the community • No miscellaneous day to day concerns or hidden expenses PSI provides services to thirty-six Illinois communities ranging from EMS only to full fire department staffing. McGrath Consulting Group, Inc. Page 48 Human Resources and Internal Considerations Because staffing options include the Town creating its own fire department, additional information is provided for human resources and other internal considerations. Employees will expect total compensation to be competitive for the skills, education, and responsibilities of the position. Since the Town is in close proximity to communities and organizations that lead the market’s wages, in order to have successful recruitment efforts and retention, the Town needs to be highly competitive to be an employer of choice. Similarly, the organization should ensure internal services (Administration, Human Resources, Finance, Information Technology, Legal etc.) are able to support a 24/7 public safety department. Human Resources will be critical to ensure employer compliance requirements, recruitment/retention, total compensation, organizational development, and employee relations. The following are two (2) areas that should be considered if services are brought in-house. Internal Services Human Resources The Town’s Administrative Services Director is currently responsible for all human resources, risk management and safety, and payroll for the Town, in addition to leadership over staff who coordinate procurements and information technology services. There is also support from the Finance Department with the payroll process. The Town utilizes an applicant tracking system (ATS) for receiving applications and has a third-party vendor to process paychecks from the payroll files created by the Town. All other processes are manual. Currently in the United States, the median HR-to-employee ratio is 1.4 HR staff to 100 employees served. This ratio, however, may fluctuate based upon standardized processes, software capabilities, and outsourcing various HR functions. It must be stressed that HR functions across organizations differ in terms of centralized/decentralized recruitment processes, involvement with payroll, workers compensation, training, labor relations, etc. Therefore, comparative information will not necessarily reflect identical HR services, but is simply a tool to assist with staffing planning. The Town currently has an estimated 80 full-time, part-time, or seasonal employees. Although there is a perception that a greater amount of HR work may be needed to support full-time employees versus part- time employees, this is not normally the case, so both categories of employees are combined in total employee count. Given there are 80 employees working for the Town, the current HR to employee ratio is approximately 1:80, assuming the Administrative Services Director spends 100% of his time on human resources functions – which he does not. With the integration of a 24/7 public safety department, 34-38 new positions will need to be added to the Town, and one (1) full-time Human Resource Generalist position will be needed. This recommended position has been included in the associated costs to ensure the Town has sufficient capacity in this area. McGrath Consulting Group, Inc. Page 49 Other costs to further support Human Resources have also been included such as recruitment expenses, skills testing, post-offer testing, annual testing, uniforms and equipment costs, employee assistance program enhancements for public safety, FLSA training, payroll administration increases, service agreements for onboarding and performance management systems, and professional services costs for salary structure development, policy manual updates, and miscellaneous legal fees that arise. Information Technology The Town currently employs one full-time Chief Technology Administrator as well as a part-time IT Support Specialist. Because of the current workload (without adding a town-owned fire department), the part-time position should be increased to 40-hours per week. With the option to bring the fire department in-house, the Town will need to purchase and manage a fire and EMS reporting software. This will include interface of that software with the regional dispatch center, support software, and end user support. This will require an additional full-time IT position to support the existing Chief Technology Administrator and Support Specialist. The cost of these recommendations has been included with the staffing cost projections. Nominal software costs were also included, although this amount will largely be driven by the software system selected and is often based on the number of calls for service. The Town currently owns the technology hardware, so no additional hardware costs were included. Personnel Costs Personnel costs in the staffing options to add in-house fire department employees include wages, health, dental, vision, pension (see section below), life and disability, Medicare, unemployment tax costs, and social security for civilians only. Social Security was excluded for all firefighter positions on the basis they will be covered under a public retirement system. All wages, benefits, and insurances have been trended 5% each year, based on current market conditions and historical insurance trends. Pension The Town currently offers a 401(a)-retirement plan with an 11% matching contribution for eligible employees. The Town does not participate in the Arizona Retirement System (ARS) and does not currently have any positions that would qualify for Arizona’s Public Safety Personnel Retirement System (PSPRS), although bringing the fire department in-house would be a qualifier. A review of the retirement systems of the neighboring communities revealed that they participate in the PSPRS. This is significant, because if Fountain Hills does not offer the PSPRS benefit, they may lack a major recruitment and retention tool. The lure of this benefit from its comparable market will likely create turnover when there are openings in those departments. McGrath Consulting Group, Inc. Page 50 It should be noted that turnover can be calculated as Total Payout Cost + Recruitment Cost + Replacement Compensation/Benefit Cost + Training Cost. Turnover Costs will typically calculate around 1.5 times the cost of the original position, so the Town would be able to analyze the cost of the PSPRS against the cost of turnover to the organization if it chooses an alternative pension option. The PSPRS is the pension benefit included in the staffing costing. Costs also include actuarial fees to join the PSPRS and fees associated with creating and maintaining the Town’s PSPRS Local Board and related legal fees. Workers Compensation Worker’s compensation will increase, simply because of the nature of the work performed by employees. It should be noted that in discussions with the Arizona Municipal Risk Retention Pool (AMRRP) the Town’s current experience with low workers compensation claims will change, and the Town should expect an increase in overall claims, which will require additional case management time from Town Administration. In addition, in 2021, the State of Arizona passed Senate Bill 1451, which removed the requirement that firefighters had to prove certain diagnoses were caused by their line of work, otherwise known as a Presumptive Cancer Law. Presumptive cancer laws will automatically treat certain diagnoses as occupational illnesses from line of duty, even after the employee has left employment. Although the AMRRP has been planning for these claims, the impact to financials was simply not provided. The Town will want to take an active approach to wellness, annual testing, and risk management services. Worker’s compensation has been trended in the costing at 5% each year. Overtime The staffing options section covers the recommendation for additional full-time firefighters needed to cover scheduled time off in lieu of relying strictly on overtime. Overtime will always occur with 24/7 operations, whether for unexpected call outs, turnover, training, and hold overs due to emergency operations. However, overtime is not a best practice solution to staffing. Time away from work allows employees to “recharge” and directly correlates to productivity, work/life balance, focus, and health, so ongoing overtime could result in burnout, performance concerns, fatigue, etc. Overtime has been included in the personnel costs provided. Should the Town bring the services in-house, the Town is recommended to monitor actual overtime annually and develop an average trend of usage to adjust budgets prospectively, based on historical usage. Accrued and Unused Paid Time Government accounting guidelines indicate that accrued and unused liabilities be funded so the organization will have funding to pay these liabilities whenever used, including at time of termination. Should the Town bring the department in-house, sick and vacation liabilities will need to be added to the current liabilities. An estimate has been added to the costs, which may need revision after time-off policies are developed for 24/7 operations. McGrath Consulting Group, Inc. Page 51 Appendix A – Data Request Financial Analysis- Fire Department Operations Data Request December 10, 2021 To: David Pock, Finance Director Town of Fountain Hills 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 From: Craig A. Haigh, Senior Consultant McGrath Consulting Group, Inc. In preparation for work on the financial analysis of the fire department, McGrath Consulting Group, Inc. will require data points on a multitude of topics to accurately analyze and answer the following questions: 1. Conduct a comprehensive cost analysis of a Town of Fountain Hills municipal fire department compared to current contracted Rural Metro operations. This needs to include current and historical costs associated with fire department operations. 2. Propose a complete cost structure of a Fountain Hills municipal fire department to include all tasks to create a fire department from inception to operation and projections for future costs. Areas of analysis should include, but not be limited to: a. Recruitment costs b. Personnel costs (including dispatch) c. Insurance costs (liability, worker’s compensation, etc.) d. Vehicle/Equipment/Maintenance costs e. Cost of joining TOPAZ communication system f. Training costs g. Retirement costs (health insurance, retirement, etc.) The data points requested are those we anticipate needing to complete the study. There will likely be additional points of data requested as information is uncovered during our work. If the Town feels that a particular data point or document has not been requested and will be needed, please feel free to provide this information as well. A study of this nature will only be as strong as the data/information we are able to obtain and review. Producing a usable and McGrath Consulting Group, Inc. Page 52 accurate study will require insight and input from both our consulting team as well as leadership of the Town of Fountain Hills. Data Delivery Directions • The data submitted will be utilized to determine recommendations. As best possible, please ensure that the data is correct. As we work through the project, if you uncover an error or omission, please let us know. New data submitted after the draft report is presented will not be utilized. • Whenever possible, please put the data in an electronic format. The sendit.fh.az.gov system will work fantastically, and we appreciate you providing this for our use. • In most cases, we request three (3) years of historical records. Please provide data as appropriate for 2019, 2020, 2021. If, by your analysis, it makes sense for us to look at an additional year (2018) due to the unusual nature of 2020 due to the COVID-19 pandemic, please feel free to share this data as well. • Before doing any “hand counts,” please reach out so we can discuss. Data Request Documents General Information • Overview of the department • Overview of the area protected o Town o Rural District o Contracted Services (wildland response (state and/or national), special services, etc.) Response District • Map of Coverage Area • Map of contiguous surrounding area showing neighboring department station/facility locations Governance • List of Elected Officials • List of town leadership including an organizational chart • Fire/EMS Leadership o Organizational Chart o Job requirements: ▪ Administrative ▪ Supervisory ▪ Operational o Fiscal responsibilities o HR responsibilities McGrath Consulting Group, Inc. Page 53 Personnel Management/Human Resources • Current roster of fire department staff (sworn and non-sworn) • Fire Department Personnel (If known) o Hire date o Age or date of birth • Fire Department organizational chart o # of Career o # of Paid On Call o # of Part-time (Paid On Premise) o # of Volunteers o # of Other Employees (Include civilian) o Rank Structure (Number of employees in each category) • Fire Department: Minimum/Maximum Staffing o Minimum staffing = o Maximum staffing = o Number of days at maximum daily staffing (show for each study period year) o Number of days at minimum daily staffing (show for each study period year) • Current salary of each employee (name, rank, salary) • FLSA pay cycle • Spreadsheet with the benefit breakout (If known – we understand that this may not be available to the Town due to the contractual relationship with Rural Metro. o Health o Retirement o Taxes o Overtime by employee – past 3-yrs. (if known) o Etc. • Labor agreements – Already Received • Town of Fountain Hills Police & Fire Commission or Civil Service Regulations – if applicable • Town’s Insurance liability/worker’s comp policy • Town’s benefit summary/true benefit cost • Town’s current salary schedule and classification listing for all employees • Retirement system actuarial report (if exists) • Town’s employee handbook The Department • Department Rules and Regulations • Department Standard Operating Procedures • Department Standing Medical Orders o Medical Control o Medical Director: Name and contact information McGrath Consulting Group, Inc. Page 54 Dispatch (PSAP) • Who provides dispatch? • Location (address of dispatch center) • Cost • Dispatch data – time from receiving call to FD notification • Who answers 9-1-1 calls? • Who answers cellular 9-1-1 calls? • Number of employees • Number of shifts • Staffing per shift (minimum & maximum) • Emergency Medical Dispatching Program o Program Utilized o Medical direction oversight/medical director • Dispatcher/Call Taker Certifications Apparatus & Equipment • Type of Apparatus (engines, trucks, ambulances, ladder tenders, utilities, command, etc.) • Apparatus department ID number • Pump & Tank size (if applicable) • Mileage • Engine Hour Reading (if appropriate) • Manufacturer • Manufacturer date • Replacement Schedule (sinking fund if one exists) • Apparatus maintenance records o Internal o External • Special Teams Apparatus Training • Training Records (Last 3 years) for each member • Special Teams – certifications • All current employees’ certification level Fiscal • Current year financials • Past three years’ budgets • Operating – include all revenue and expenses • Capital – include all revenue and expenses • Town financial policies and procedures McGrath Consulting Group, Inc. Page 55 • Purchasing policies • Equipment or capital reserve fund ledger Revenue • List of fire department grants applied for and/or received for past 3-yrs. • List 2% fire dues received for past 3-yrs. (if applicable) • List and explain any other department revenue received o Inspection fees o Permit fees o EMS service fees o Emergency response fees o False alarm fees o Etc. Other relevant Information • Last fire department analysis (conducted by Town) – Already Received • Any additional information deemed important or helpful McGrath Consulting Group, Inc. Page 56 Appendix B – Regional Automatic Aid Agreement INTERGOVERNMENTAL AGREEMENT FOR THE REGIONAL METROPOLITAN PHOENIX FIRE SERVICE AUTOMATIC AID THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into by and between the Cities, Towns, Fire Districts, and governmental jurisdictions (hereinafter collectively referred to either as “Participants,” or “Parties,” and sometimes referred to individually as “Participant” or “Party”), to provide for automatic assistance for fires and other types of emergency incidents as described under the terms of this Agreement (the “Automatic Aid System”). The initial Participants are listed in Attachment A to this Agreement, which Attachment shall be amended upon the addition of new members as set forth herein. RECITALS WHEREAS, agreements for automatic assistance in fire protection and response to other emergencies have existed between specific municipalities and governmental jurisdictions; and WHEREAS, the Automatic Aid System has been in existence since 1976 to provide the highest levels of service in conjunction with the most effective use of local fire department/district resources working collaboratively through intergovernmental cooperation; and WHEREAS, the Participants in the Automatic Aid System seek to provide the most efficient, safe, and effective fire-rescue-emergency medical services to their respective communities; and WHEREAS, the safety of the employees of each Participant is paramount; and WHEREAS, this Agreement shall encourage the development of cooperative procedures and protocols, including, but not limited to, the possibility of joint purchasing, coordination of communications, training, health and safety, fire prevention, public education, fire investigations and other activities that will enhance each Participant’s ability to fulfill its mission; and WHEREAS, the Participants are committed to demonstrate public equity through reasonable commitment and distribution of resources within their jurisdictions to ensure that no Participant unfairly benefits at the expense of other Participants and that jurisdictional equity and autonomy is maintained; and WHEREAS, it is the desire of the Participants to continue and improve the nature and coordination of emergency assistance to incidents that threaten loss of life or property within the geographic boundaries of their respective jurisdictions; and McGrath Consulting Group, Inc. Page 57 WHEREAS, it is further the determination of each of the Participants that the decision to enter into this Agreement constitutes a fundamental governmental policy of the Parties hereto and, by entering this Agreement each Participant has made the determination that the policies and procedures set forth in this Agreement constitute the proper use of the resources available with respect to the provision of governmental services and the utilization of existing resources of each of the Parties hereto, including the use of equipment and personnel; and WHEREAS, it is the desire of the Participants to initiate and/or renew their support for an Automatic Aid System for fire department/district services. AGREEMENT NOW THEREFORE, in consideration of the foregoing introduction and 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 Parties hereby agree as follows: ARTICLE 1 - PURPOSE AND AUTHORITY 1.1 Purpose. All Parties to this Agreement agree that its purpose is to provide a highly efficient, effective and mutually beneficial relationship among multiple regional jurisdictions to provide for the overall public safety of the region through an Automatic Aid System. This Agreement will continue to allow for an automatic response of the closest, most appropriate fire department/district resources. 1.2 Authority. The Parties acknowledge that this Agreement is being entered into pursuant to the Intergovernmental Agreement Statute, Section 11-952, Arizona Revised Statutes (“A.R.S.”) 1.3 Effect on Prior Agreements. The Parties further understand that this Agreement supersedes any previous automatic aid agreements between any of the Parties hereto. ARTICLE 2–AUTOMATIC AID ELIGIBILITY STANDARDS AND REQUIREMENTS To be eligible to participate in the Automatic Aid System, a Participant shall meet the standards and requirements set forth in this Article at all times during the Term of this Agreement. Any Participant failing to meet these eligibility standards and requirements is subject to removal from the Automatic Aid System as prescribed herein. 2.1 Allocation of Resources. It is agreed that the scope of this Agreement includes automatic assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extrication situations and other types of emergency incidents that are within the standard scope of services provided by fire departments/districts in the Automatic Aid System. McGrath Consulting Group, Inc. Page 58 A. Standard Automatic Dispatch. The Participants executing this Agreement agree to dispatch their respective assigned fire department/district units on an automatic basis. The Computer Aided Dispatch and Automatic Vehicle Locator system will automatically determine the closest available, most appropriate unit(s) regardless of jurisdictional boundaries. Each jurisdiction agrees that such unit(s) will respond. B. Specialized Unit Dispatch. Participants agree the assignment of a specialized unit to an incident relies on predefined response levels (as predefined by Volume II Standard Operating Procedure Phoenix Fire Department) to specific types of incidents, the closest specialized unit to the call, and/or any special call for resources that may be made by an incident commander and is not pre- programmed in the CAD system. This includes, but is not limited to, hazardous materials support, technical rescue support, loss control, rehab, command, utility, brush, and water tenders. Members assigned to a specialized unit will be required to complete all initial training and continuing education requirements of the specialty. The current recognized regional Special Operations training program is the Phoenix Fire Department Special Operations training program. The inclusion of other recognized training programs will be approved by the Life Safety Council. 2.2 Standard Service Requirements. Participants in this Agreement agree to the following standard service requirements as the primary response system elements: A. Communications and Dispatch. All Participants must be part of the Phoenix Fire Regional Dispatch System or the Mesa Fire Regional Dispatch System. All Participants must also be a member of either the Phoenix Regional Wireless Cooperative (“PRWC”) or the Topaz Regional Wireless Cooperative (“TRWC”). Departments/Districts that enter the system that are not members of PRWC or TRWC shall have an active plan to become members within one (1) year of entry. For a Participant(s) that does not meet this requirement, any Party can request a vote of the Central Life Safety Response System Council for a determination as to whether the Participant(s) not meeting this requirement will remain eligible for automatic aid response, or if that Participant(s) will then default to a mutual aid response. These Regional Dispatch Systems will use a Computer Aided Dispatch (“CAD”) system that automatically selects the closest, most appropriate Participants’ unit(s) for dispatch. The CAD system shall be a centralized, totally integrated unit dispatch/status keeping system. (1) The CAD system will allow the most appropriate emergency response unit closest to an emergency to be dispatched automatically– regardless of the jurisdiction where the emergency occurs or the jurisdictional affiliation of the response unit. The CAD system utilizes Automatic Vehicle Location (“AVL”) equipment to discern the location of emergency response units and a computerized Geographic Information System (“GIS”) to discern the location of the emergency call. The AVL and GIS systems allow the CAD system to match the closest response unit to the emergency and recommend it for dispatch within the Automatic Aid System boundaries. Each Automatic Aid System McGrath Consulting Group, Inc. Page 59 Participant shall ensure that its respective emergency response apparatus and vehicles are equipped with AVLs. (2) The Regional Dispatch System relies on a consistent and preplanned system of communications. Communications support for Participants includes a comprehensive radio system with multiple tactical radio frequencies. Participants are required to provide for their individual needs to ensure consistent, interoperable and safe communications not only within their jurisdictional areas, but within the entire Automatic Aid System. (3) If the Life Safety Council decides at any time that additional communications infrastructure is necessary to meet the operational requirements of the Automatic Aid System, each Participant will be responsible for all costs, authorizations and/or agreements to maintain interoperable communications within its jurisdictional boundaries. B. Command Procedures. All Participants will use standard command procedures. A standardized Incident Management System (“IMS”) provides for efficient management of the emergency and for the safety of firefighters through the use of standard terminology, reporting relationships, and support structures. The IMS and associated standard operating procedures adopted for use by all Automatic Aid Participants is the Phoenix Fire Department’s Standard Operating Procedures in the Phoenix Volume II Manual (which can be obtained by sending an e-mail to firechief.pfd@phoenix.gov), or the Mesa Fire and Medical Department Standard Operating Procedures 200 Series available at fireinfo@mesaaz.gov. C. Incident Management and Minimum Company Standards. Participants shall use the same set of procedures for Incident Management and Minimum Company Standards according to Volume II, Standard Operating Procedures Phoenix Fire Department (basic evolutions used by the fire service) or the Mesa Fire and Medical Department Standard Operations Procedures 200 Series. It is required that Command Officers that function in an Operational response capacity, attend at least 50% of the Command Officer training curriculum offered at the Phoenix Fire Department Command Training Center, or as determined by the Central Arizona Life Safety Response System Council. Participants that do not meet this requirement are subject to removal from the Automatic Aid System, as determined and voted on by the Central Arizona Life Safety Response System Council. D. Incident Safety Officer. To ensure safety, all Participants agree that their standard operating procedures and command procedures shall match those adopted by the Life Safety Council. To do this, Participants shall use an Incident Safety Officer System (“ISOS”) that will follow NFPA Standard 1521. E. Compatible Equipment. To ensure compatibility of equipment, McGrath Consulting Group, Inc. Page 60 Participants shall maintain an inventory of equipment (based on National Fire Protection Association (“NFPA”) standards), including hoses, couplings, pump capacity, communications equipment, and will maintain the minimum standard amount of equipment on each type of apparatus (as recommended by all applicable NFPA standards). F. Standardized Numbering and Terminology. Participants shall utilize the Valley- wide apparatus numbering system and standardized terminology for apparatus and fire stations as established and maintained by the Life Safety Council. G. Standardized Response Criteria. Participants shall use standardized response criteria (i.e., pre- established type and number of apparatus that will be automatically dispatched based on type of call as per standard NFPA and International Organization for Standardization (“ISO”) recommendations). The CAD system can tailor the response to specific types of incidents by jurisdiction, or part of a jurisdiction, upon request by the jurisdiction needing the tailored response. This includes the capability to automatically dispatch selected specialty units. H. Staffing Levels. Full staffing as described in NFPA 1710 on engines and ladders provides the most efficient and effective personnel safety and service delivery to the public. System Participants recognize the importance of service delivery and personnel safety issues. The minimum daily staffing level for all engines and ladders shall be four (4) members which is “full staffing” under NFPA 1710. • Temporary Reduction in Staffing. Full staffing may be temporarily reduced to three (3) trained personnel for up to a total of 8 hours in any 24- hour shift period. Departments/Districts that enter the system with a staffing level of three (3) members on any engine and/or ladder shall have an active plan to accomplish full staffing within one (1) year of entry. For a Participant(s) that does not meet this requirement, any Party can request a vote of the Central Life Safety Response System Council for a determination as to whether the Participant(s) not meeting this requirement will remain eligible for automatic aid response, or if that Participant(s) will then default to a mutual aid response. • Other Reductions in Staffing; Changes to Deployment Model. Any Participants that have reached full staffing, that then subsequently reduce staffing below full staffing, or make significant changes to their deployment model, shall be subject to removal from the Automatic Aid System, as determined and voted on by the Central Arizona Life Safety Response System Council. I. Minimum Firefighter Training Standards. To ensure safety, baseline knowledge and a consistent approach to performing tactical operations, all participants agree to require that all emergency response employees receive initial firefighter recruit training through a recognized regional fire training academy or through an alternative McGrath Consulting Group, Inc. Page 61 method, as approved by the Life Safety Council, which meets the published curriculum. The four currently recognized regional fire training academies are Phoenix, Mesa, Glendale and Chandler. 2.3 Reciprocity; No Guaranty of Perfect Equity. Participants agree that automatic aid is reciprocal. While this does not ensure that a Participant’s jurisdiction will receive the exact amount of assistance it gives, it does mean that all Participants will provide assistance outside their jurisdictional boundaries and that the level of service delivered, and decisions made within the Automatic Aid System will be mutually beneficial to all Participants in the system and will maintain general equity among all Participants to the greatest degree possible. 2.4 Ownership of Property and Equipment. Each Participant shall retain ownership of any equipment or property it brings to the performance of this Agreement and shall retain ultimate control of its employees. 2.5 No Reimbursement for Services. Except as specifically agreed to by the Parties involved in a specific incident, none of the involved Parties shall be reimbursed by any of the others for any costs incurred in responding pursuant to this Agreement. In the event of formally declared disasters, however, Participants may directly apply for reimbursements from County, State and/or Federal agencies as appropriate. ARTICLE 3–LIFE SAFETY COUNCIL; VOTING 3.1 Life Safety Council. The Participants shall be jointly responsible for administering this Agreement through the Central Arizona Life Safety Response System Council (the “Life Safety Council”). The purpose of the Life Safety Council is to ensure the effective and efficient operation of the Automatic Aid System. Each Participant is a member of the Life Safety Council and is expected to participate in scheduled meetings. A. Composition. The Fire Chief from each Participant shall serve as the official representative to the Life Safety Council from that jurisdiction. The Fire Chief may appoint an alternate to attend Life Safety Council meetings. B. Responsibilities. The responsibilities of the Life Safety Council shall be as follows: (1) Evaluate requests to participate in this Automatic Aid Agreement from other fire departments/districts that are dispatched by the Phoenix Dispatch Center or Mesa Dispatch Center. Requests for participation will be evaluated to ensure compliance with the Automatic Aid Eligibility Standards and Requirements prescribed herein and to determine impact upon existing Participants. (2) Evaluate proposed modifications to a Participant’s service delivery model for compliance with the criteria established herein and for impact on other Participants. McGrath Consulting Group, Inc. Page 62 (3) Establish such technical committees or working groups as may be necessary for the efficient and effective operation of the Automatic Aid System. (4) Develop, approve or modify such technical documents as may be necessary for the efficient and effective operation of the Automatic Aid System. (5) Develop, within the first year of this Agreement, Life Safety Council bylaws establishing Life Safety Council procedure, such as and without limitation, notice of meetings, the taking of meeting minutes, the distribution of minutes, etc. (6) Evaluate and consider for adoption national benchmarks as may be appropriate for implementation within the Automatic Aid System. (7) Develop, approve or modify alternative response models as appropriate based on the area served by the Participants (i.e. urban, suburban, rural), which may be subsequently implemented by Participants. (8) Establish methods for service measurement, provided that: (a) “Time of dispatch” will be measured from the point in time at which the Dispatch and Deployment Center has notified the station, or the responding unit out of the station, of the call through the station alert system, radio, or Mobile Computer Terminal (“MCT”). (b) “Response time” will be measured from the Time of Dispatch to the time of arrival on-scene. (9) Vote on all actions that will significantly or materially impact or change the responsibilities of the Life Safety Council and/or the automatic aid eligibility standards and requirements for the Participants’, as prescribed in this Agreement, utilizing the voting process set forth below. 3.2 Voting Process. For matters pertaining to this Agreement that require voting by the Life Safety Council, the voting process shall incorporate tiered voting. The initial vote (Tier 1) will utilize a single, non-weighted vote per Participant. After the initial vote has been conducted, any Participant shall have the right to request a second vote that will utilize weighted voting (Tier 2). For the weighted vote, each individual Participant’s vote will be formed by assigning a percentage to that Participant. The percentage to be assigned will be calculated based upon that individual Participant’s total calls for service within that Participant’s geographical boundaries, compared to the total number of calls for service within the geographical boundaries of all Participants to this Agreement combined (see Attachment B). This calculation will be based on the reported call volumes as determined by the Regional Computer Aided Dispatch centers. Any members’ voting weight exceeding forty percent (40%) shall be reduced and will be weighted to no more and to no less than 40%. Such McGrath Consulting Group, Inc. Page 63 reduction shall not affect the weighted vote of any other member. The percentages assigned to Participants will be reviewed, recalculated and reassigned every five (5) years at the time this Agreement is renewed. 3.3 Passage. In order to pass, all matters to be voted on by the Life Safety Council will require a simple majority vote for Tier 1 voting, and for Tier 2 voting, a majority vote of at least fifty-one (51) percent is required. ARTICLE 4–SERVICE AREA CHANGES 4.1 Service Area Changes. Certain changes to a Participant’s operations within its service area have the potential to negatively affect its neighboring Participants and ultimately negatively affect the Automatic Aid System in its entirety. The occurrence of the following events is subject to review by the Life Safety Council. A. Reduction in Service Levels. If at any time while this Agreement is in effect, an Automatic Aid System Participant desires to, close a fire station and/or increase its geographical/jurisdictional boundaries to include an area more than five (5) square miles, or reduce its level of fire, medical or emergency services provided within its municipal or jurisdictional boundaries, the Automatic Aid System Participant desiring to initiate the change and prior to initiating the change, will give a minimum of 120 day notice to all Parties for a 30 day review period for any potential impacts to the system. This notice shall include a proposed plan on how the notifying party will maintain the requirements and standards set forth in Article 2 of this Agreement. If after review, it is determined by any Participant that the change will result in a change to the response order of another jurisdiction’s primary response units or any other negative impact to any jurisdiction or to the system as a whole, any Party can request a vote of the Central Life Safety Response System Council for a determination as to whether the proposed newly modified area will remain eligible for automatic aid response or if the proposed newly modified area will then default to a mutual aid response. The Council will utilize the voting process set forth in this Agreement. ARTICLE 5–MUTUAL AID AND OTHER AGREEMENTS 5.1 Mutual Aid Areas. Calls to response areas outside of the jurisdictional boundaries of the Participants in the Automatic Aid System will be considered mutual aid when such written agreements between relevant parties exist or when a Participant has been defaulted from the Automatic Aid System and deemed a Mutual Aid Member (as set forth in Article 4, Service Area Changes). Requests for and responses to mutual aid will be at the sole discretion of the parties involved. Any response to a mutual aid jurisdiction by a Participant will not bind any other Participant to respond. Under these circumstances, a mutual aid request may require approval by the highest ranking on-duty fire officer of the Participant asked to provide the resources. McGrath Consulting Group, Inc. Page 64 5.2 Other Agreements. Nothing in this Agreement shall limit the ability of any or all the Parties from continuing to perform under existing agreements (other than any previous automatic aid agreements between any of the Parties, hereto, which upon execution of this Agreement are superseded), entering into future agreements, or agreeing to participate in more specific contracts for services, mutual assistance or automatic response(s) or prohibit any of the Parties from providing emergency assistance to another jurisdiction that is not a Participant in this Agreement. Such agreements will not be binding on or commit any other Participants to provide automatic aid or mutual aid to the other jurisdiction; such other future agreements also do not extend any rights associated with this Agreement to any other entity that is not a Party. ARTICLE 6–TERM OF THE AGREEMENT 6.1 Term; Renewal. This Agreement shall be recorded by each Party with the Maricopa County Recorder’s Office, shall commence on December 19, 2017, regardless of the date of recordation, and shall continue in force through December 19, 2022, or until terminated by formal act of the Parties. This Agreement shall automatically renew for successive five-year terms, unless terminated earlier by formal act of the Parties. 6.2 Termination. If an individual Party wishes to terminate its participation in this Agreement, it shall provide all Participants 120 days’ formal notice, in writing, of intention to terminate. That terminating party’s termination will then be effective on the 121st day after notice has been provided, unless the notice to terminate has been withdrawn. ARTICLE 7–GENERAL TERMS AND CONDITIONS 7.1 No Third-Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. 7.2 Workers’ Compensation. The Parties agree that it is the responsibility of each Party to ensure that its employees are notified in accordance with the provision of Arizona Workers’ Compensation Law, specifically, A.R.S. § 23-1022, or any amendment thereto, and that all such notices, as required by such laws, shall be posted accordingly. That by signing this Agreement and to ensure compliance with the notice posting requirements, each Party grants consent to all other Parties to inspect that Party’s respective premises and work places upon request of any of the other Parties. However, nothing in this Agreement should be construed as imposing a duty to inspect another Party’s respective premises and work places, and this agreement does not create a joint or employer/employee relationship between a Party and another Party’s employees. McGrath Consulting Group, Inc. Page 65 7.3 Immigration Requirements. The Parties will comply with the Immigration Reform and Control Act of 1986 (“IRCA”) and will permit inspection of its personnel records to verify such compliance. To the extent applicable under A.R.S. § 41-4401, each Party warrants compliance with all federal immigration laws and regulations that relate to its employees and compliance with the Everify requirements under A.R.S. § 23-214(A). Each Party has the right to inspect the papers of the other Parties participating in this Agreement to ensure compliance with this paragraph. A Party’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the Life Safety Council under the terms of this Agreement. 7.4 No Joint Venture. No term or provision in this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties. 7.5 Notices. Any notice to be provided to a Party or Parties to this Agreement shall be satisfied be sending a written letter by U.S. mail, certified, return receipt to the current fire chief of each respective Participant. Notice shall be deemed effective five days after mailing. 7.6 Cancelation for Conflicts of Interest. This Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 7.7 No Israel Boycott. In accordance with ARIZ. REV. STAT. § 35-393.01, by entering into this Agreement, each Participant certifies that it is not currently engaged in, and agrees that for the duration of this Agreement to not engage in a boycott of Israel. IN WITNESS HEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. CITY OF PHOENIX, a municipal corporation ED ZUERCHER, City Manager Kara Kalkbrenner DATE Fire Chief ATTEST: Phoenix City Clerk McGrath Consulting Group, Inc. Page 66 CERTIFICATION BY LEGAL COUNSEL In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorney acknowledges that (i) he/she has reviewed the above agreement on behalf of his/her client and (ii) as to only his/her client, has determined that the Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. City Attorney for Phoenix [SIGNATURES CONTINUE ON FOLLOWING PAGES] [INSERT INDIVIDUAL SIGNATURE PAGES FOR ALL PARTICIPANTS] McGrath Consulting Group, Inc. Page 67 ATTACHMENT A PARTICIPANT DATE APPROVED 1 Avondale Fire and Medical December 15, 2017 2 Arizona Fire and Medical Authority January 16, 2018 3 Buckeye Fire and Medical December 15, 2017 4 Buckeye Valley Fire District December 11, 2017 5 Chandler Fire, Health & Medical December 15, 2017 6 Daisy Mountain Fire and Medical January 16, 2018 7 El Mirage Fire Department December 15, 2017 8 Glendale Fire Department January 16, 2018 9 Gilbert Fire Department January 16, 2018 10 Goodyear Fire Department January 16, 2018 11 Guadalupe Fire Department January 16, 2018 12 Maricopa Fire Department January 16, 2018 13 Mesa Fire and Medical December 11, 2017 14 Peoria Fire and Medical December 11, 2017 15 Phoenix Fire Department Initial Member 16 Queen Creek Fire Department December 15, 2017 17 Scottsdale Fire Department December 11, 2017 18 Sun City Fire Department January 16, 2018 19 Superstition Fire and Medical December 11, 2017 20 Surprise Fire and Medical December 11, 2017 21 Tempe Fire and Medical December 11, 2017 22 Tolleson Fire Department January 16, 2018 McGrath Consulting Group, Inc. Page 68 ATTACHMENT B VOTING PROCESS and WEIGHTED VOTE PERCENTAGE For matters pertaining to this Agreement that require voting by the Life Safety Council, the voting process shall incorporate tiered voting. The initial vote (Tier 1) will utilize a single, non-weighted vote per Participant. After the initial vote has been conducted, any Participant shall have the right to request a second vote that will utilize weighted voting (Tier 2). For the weighted vote, each individual Participant’s vote will be formed by assigning a percentage to that Participant. The percentage to be assigned will be calculated based upon that individual Participant’s total calls for service within that Participant’s geographical boundaries, compared to the total number of calls for service within the geographical boundaries of all Participants to this Agreement combined. This calculation will be based on the reported call volumes as determined by the Regional Computer Aided Dispatch centers. Any members’ voting weight exceeding forty percent (40%) shall be reduced and will be weighted to no more and to no less than 40%. Such reduction shall not affect the weighted vote of any other member. The percentages assigned to Participants will be reviewed, recalculated and reassigned every five (5) years at the time this Agreement is renewed. Jurisdiction Incident Totals Weight Vote Yes No Avondale Fire and Medical 8,243 2% Arizona Fire and Medical Authority 13,373 3% Buckeye Fire and Medical 5,884 1% Buckeye Valley Fire District 1,559 1% Chandler Fire, Health & Medical 23,807 5% Daisy Mountain Fire and Medical 3,307 1% El Mirage Fire Department 2,843 1% Glendale Fire Department 31,114 6% Gilbert Fire Department 17,033 3% Goodyear Fire Department 8,021 2% Guadalupe Fire Department 1,133 1% Maricopa Fire Department 4,506 1% Mesa Fire and Medical 67,833 13% Peoria Fire and Medical 19,740 4% Phoenix Fire Department 213,825 40% Queen Creek Fire Department 3,195 1% Scottsdale Fire Department 33,957 7% Sun City Fire Department 11,659 2% Superstition Fire and Medical 3,836 1% Surprise Fire and Medical 14,315 3% Tempe Fire and Medical 25,702 5% Tolleson Fire Department 1,952 1% Total Calls For Service 516,837 McGrath Consulting Group, Inc. Page 69 Appendix C – Summary of Fountain Hills Fire Department Startup Costs Startup Year Ca t e g o r y De s c r i p t i o n St a r t U p C o s t - D O E S NO T M e e t S t a n d a r d St a r t U p C o s t - M e e t s St a n d a r d Fir e D e p a r t m e n t W a g e s , B e n e f i t s , O T De p a r t m e n t B a s e W a g e s a n d B e n e f i t s 3,0 8 6 , 0 0 6 . 4 5 $ 3,5 3 9 , 3 1 2 . 8 9 $ Fir e D e p a r t m e n t W a g e s , B e n e f i t s , O T De p a r t m e n t O v e r t i m e 47 6 , 2 8 7 . 6 1 $ 55 2 , 4 6 1 . 9 7 $ Ad m i n i s t r a t i o n W a g e s a n d B e n e f i t s Ad m i n i s t r a t i o n B a s e W a g e s a n d B e n e f i t s 12 7 , 5 1 1 . 2 7 $ 12 7 , 5 1 1 . 2 7 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Re c r u i t m e n t E x p e n s e 30 , 0 0 0 . 0 0 $ 30 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ex e c u t i v e R e c r u i t m e n t F e e s ( F i r e C h i e f s e a r c h ) 25 , 0 0 0 . 0 0 $ 25 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ba s i c S k i l l s T e s t i n g 5, 0 0 0 . 0 0 $ 5, 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ba c k g r o u n d C h e c k - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Po s t O f f e r T e s t i n g 41 , 2 5 0 . 0 0 $ 47 , 5 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Re g i o n a l A c a d e m y C o s t s 14 8 , 5 0 0 . 0 0 $ 17 1 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Un i f o r m s / E q u i p m e n t 30 6 , 9 0 0 . 0 0 $ 35 3 , 4 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Un i f o r m A n n u a l R e p l a c e m e n t C o s t - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s An n u a l P h y s i c a l T e s t i n g - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s EA P P r o g r a m E n h a n c e m e n t s f o r P u b l i c S a f e t y 3, 5 0 0 . 0 0 $ 3, 5 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Sic k a n d V a c a t i o n L i a b i l i t y F u n d i n g - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s FL S A T r a i n i n g 1, 8 0 0 . 0 0 $ 1, 8 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pa y c h e x s P a y r o l l 6, 2 3 7 . 0 0 $ 7, 1 8 2 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s On b o a r d i n g a n d P e r f o r m a n c e M a n a g e m e n t 15 , 0 0 0 . 0 0 $ 15 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ac t u a r i a l R e v i e w F e e s t o j o i n P S P R S 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s PS P R S L o c a l B o a r d P e r D i e m / L e g a l C o u n s e l F e e s 5, 0 0 0 . 0 0 $ 5, 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Fir e / E M S R e p o r t i n g S o f t w a r e 25 , 0 0 0 . 0 0 $ 25 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pr o f e s s i o n a l S e r v i c e s - C o m p e n s a t i o n U p d a t e 20 , 0 0 0 . 0 0 $ 20 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pr o f e s s i o n a l S e r v i c e s - P o l i c y M a n u a l U p d a t e 15 , 0 0 0 . 0 0 $ 15 , 0 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pr o f e s s i o n a l S e r v i c e s - M i s c . L e g a l F e e s 10 , 0 0 0 . 0 0 $ 10 , 0 0 0 . 0 0 $ Wo r k e r s C o m p e n s a t i o n , L i a b i l i t y , a n d E & O I n s u r a n c e A d j u s t m e n t s Ge n e r a l L i a b i l i t y 12 6 , 3 9 6 . 0 0 $ 12 6 , 3 9 6 . 0 0 $ Wo r k e r s C o m p e n s a t i o n , L i a b i l i t y , a n d E & O I n s u r a n c e A d j u s t m e n t s Er r o r s & O m i s s i o n s ( p r o f e s s i o n a l l i a b i l i t y ) 5, 2 7 1 . 0 0 $ 5, 2 7 1 . 0 0 $ Wo r k e r s C o m p e n s a t i o n , L i a b i l i t y , a n d E & O I n s u r a n c e A d j u s t m e n t s Wo r k e r s C o m p e n s a t i o n 10 8 , 1 6 3 . 0 0 $ 12 2 , 7 9 8 . 0 0 $ Dis p a t c h i n g Dis p a t c h i n g t h r o u g h e i t h e r P h o e n i x o r M e s a 31 8 , 7 0 1 . 2 4 $ 31 8 , 7 0 1 . 2 4 $ Op e r a t i o n a l C o s t s Ba s e d o n c u r r e n t T o w n e x p e n s e s f o r F D s e r v i c e s 37 1 , 3 3 2 . 0 0 $ 37 1 , 3 3 2 . 0 0 $ St r u c t u r a l P P E - I n i t i a l P u r c h a s e Pu r c h a s e 3 3 s e t s / 3 9 s e t s 13 8 , 6 0 0 . 0 0 $ 16 3 , 8 0 0 . 0 0 $ St r u c t u r a l P P E - A n n u a l R e p l a c e m e n t Re p l a c e 6 s e t s p e r y e a r / 8 s e t s p e r y e a r - $ - $ Hy b r i d P P E ( R e s c u e / E M S / W i l d l a n d ) - I n i t i a l P u r c h a s e Pu r c h a s e 3 3 s e t s / 3 9 s e t s 51 , 9 7 5 . 0 0 $ 61 , 4 2 5 . 0 0 $ Hy b r i d P P E ( R e s c u e / E M S / W i l d l a n d ) - A n n u a l R e p l a c e m e n t Re p l a c e 6 s e t s p e r y e a r / 8 s e t s p e r y e a r - $ - $ 5,4 7 0 , 9 3 0 . 5 7 $ 6,1 2 5 , 8 9 1 . 3 7 $ Su m m a r y S p r e a d s h e e t - S t a r t u p Y e a r McGrath Consulting Group, Inc. Page 70 Subsequent Year Ca t e g o r y De s c r i p t i o n Su b s e q u e n t Y e a r - D O E S NO T M e e t S t a n d a r d Su b s e q u e n t - M e e t s St a n d a r d Fi r e D e p a r t m e n t W a g e s , B e n e f i t s , O T De p a r t m e n t B a s e W a g e s a n d B e n e f i t s 3, 2 4 0 , 3 0 6 . 7 7 $ 3, 7 1 6 , 2 7 8 . 5 3 $ Fi r e D e p a r t m e n t W a g e s , B e n e f i t s , O T De p a r t m e n t O v e r t i m e 50 0 , 1 0 1 . 9 9 $ 58 0 , 0 8 5 . 0 7 $ Ad m i n i s t r a t i o n W a g e s a n d B e n e f i t s Ad m i n i s t r a t i o n B a s e W a g e s a n d B e n e f i t s 13 3 , 8 8 6 . 8 3 $ 13 3 , 8 8 6 . 8 3 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Re c r u i t m e n t E x p e n s e 10 , 5 0 0 . 0 0 $ 12 , 6 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ex e c u t i v e R e c r u i t m e n t F e e s ( F i r e C h i e f s e a r c h ) - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ba s i c S k i l l s T e s t i n g 2, 6 2 5 . 0 0 $ 2, 6 2 5 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ba c k g r o u n d C h e c k - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Po s t O f f e r T e s t i n g 7, 8 7 5 . 0 0 $ 10 , 5 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Re g i o n a l A c a d e m y C o s t s 28 , 3 5 0 . 0 0 $ 37 , 8 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Un i f o r m s / E q u i p m e n t 58 , 5 9 0 . 0 0 $ 78 , 1 2 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Un i f o r m A n n u a l R e p l a c e m e n t C o s t 32 , 2 2 4 . 5 0 $ 37 , 1 0 7 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s An n u a l P h y s i c a l T e s t i n g 34 , 6 5 0 . 0 0 $ 39 , 9 0 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s EA P P r o g r a m E n h a n c e m e n t s f o r P u b l i c S a f e t y 3, 6 7 5 . 0 0 $ 3, 6 7 5 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Si c k a n d V a c a t i o n L i a b i l i t y F u n d i n g 11 3 , 2 0 9 . 7 3 $ 12 8 , 3 1 7 . 6 4 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s FL S A T r a i n i n g - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pa y c h e x s P a y r o l l 6, 5 4 8 . 8 5 $ 7, 5 4 1 . 1 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s On b o a r d i n g a n d P e r f o r m a n c e M a n a g e m e n t 15 , 7 5 0 . 0 0 $ 15 , 7 5 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Ac t u a r i a l R e v i e w F e e s t o j o i n P S P R S - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s PS P R S L o c a l B o a r d P e r D i e m / L e g a l C o u n s e l F e e s 5, 2 5 0 . 0 0 $ 5, 2 5 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Fi r e / E M S R e p o r t i n g S o f t w a r e 15 , 7 5 0 . 0 0 $ 15 , 7 5 0 . 0 0 $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pr o f e s s i o n a l S e r v i c e s - C o m p e n s a t i o n U p d a t e - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pr o f e s s i o n a l S e r v i c e s - P o l i c y M a n u a l U p d a t e - $ - $ Ot h e r P e r s o n n e l a n d R e l a t e d A d m i n i s t r a t i v e C o s t s Pr o f e s s i o n a l S e r v i c e s - M i s c L e g a l F e e s - $ - $ Wo r k e r s C o m p e n s a t i o n , L i a b i l i t y , a n d E & O I n s u r a n c e A d j u s t m e n t s Ge n e r a l L i a b i l i t y 13 2 , 7 1 5 . 8 0 $ 13 2 , 7 1 5 . 8 0 $ Wo r k e r s C o m p e n s a t i o n , L i a b i l i t y , a n d E & O I n s u r a n c e A d j u s t m e n t s Er r o r s & O m i s s i o n s ( p r o f e s s i o n a l l i a b i l i t y ) 5, 5 3 4 . 5 5 $ 5, 5 3 4 . 5 5 $ Wo r k e r s C o m p e n s a t i o n , L i a b i l i t y , a n d E & O I n s u r a n c e A d j u s t m e n t s Wo r k e r s C o m p e n s a t i o n 11 3 , 5 7 1 . 1 5 $ 12 8 , 9 3 7 . 9 0 $ Di s p a t c h i n g Dis p a t c h i n g t h r o u g h e i t h e r P h o e n i x o r M e s a 22 1 , 1 3 5 . 0 0 $ 22 1 , 1 3 5 . 0 0 $ Op e r a t i o n a l C o s t s Ba s e d o n c u r r e n t T o w n e x p e n s e s f o r F D s e r v i c e s 38 2 , 4 7 1 . 9 6 $ St r u c t u r a l P P E - I n i t i a l P u r c h a s e Pu r c h a s e 3 3 s e t s / 3 9 s e t s - $ - $ St r u c t u r a l P P E - A n n u a l R e p l a c e m e n t Re p l a c e 6 s e t s p e r y e a r / 8 s e t s p e r y e a r 25 , 3 6 8 . 0 0 $ 33 , 7 6 8 . 0 0 $ Hy b r i d P P E ( R e s c u e / E M S / W i l d l a n d ) - I n i t i a l P u r c h a s e Pu r c h a s e 3 3 s e t s / 3 9 s e t s - $ - $ Hy b r i d P P E ( R e s c u e / E M S / W i l d l a n d ) - A n n u a l R e p l a c e m e n t Re p l a c e 6 s e t s p e r y e a r / 8 s e t s p e r y e a r 9, 5 1 3 . 0 0 $ 12 , 6 6 3 . 0 0 $ 5, 0 9 9 , 6 0 3 . 1 3 $ 5, 3 5 9 , 9 4 0 . 4 3 $ Su m m a r y S p r e a d s h e e t - S u b s e q u e n t Y e a r Town of Fountain Hills Financial Analysis Fire Department Operations 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 1 Project Scope McGrath Consulting Group, Inc. was commissioned by the Town of Fountain Hills to conduct an independent, non-biased study and cost analysis of fire department operations. The goal of this study is to determine whether the Town should renew its current contract with Rural Metro, seek an intergovernmental Agreement (IGA) with another nearby municipality, or establish its own in-house Fire Department. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 2 Study Methodology 1.Understand the overall contractual situation with Rural Metro •Rural Metro’s history •Current business models under their parent company Global Medical Response, Inc. •Current contract for services with the Town of Fountain Hills •How services are currently provided to the Town •Collective bargaining contract with Rural Metro employees 2.Understand how fire services are provided throughout the Phoenix Valley •Role of Regional Automatic Aid System •Role of the Regional Dispatch Centers (PSAPs) •Who are the participating municipalities/districts within the Automatic Aid System •What are the pros and cons of the Automatic Aid System 3.Analyze Fountain Hills compliance with national fire service standards/best practice models 4.Analyze options related to how best to provide fire protection services in the future 5.Analyze projected costs based on options 6.Provide recommendations based on study findings and options 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 3 Study Process •Interviews •Fountain Hills Elected Officials •Fountain Hills Town Leadership •Fire Service Leadership •Fountain Hills/Rural Metro •Mesa Fire and Medical Department •Scottsdale Fire Department •Rio Verde Fire Protection District •Daisy Mountain Fire & Medical •Central Arizona Fire and Medical Authority •Phoenix Fire Department •Cliff Jones, Fire Chief (Ret.), Tempe Fire Department •Randy Roberts, Fire Chief (Ret.), Rural Metro assigned to Fountain Hills •Other External Service Providers •Arizona Municipal Risk Retention Pool •Public Safety Personnel Retirement System •CuraLinc Healthcare --Employee Assistance Program 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 4 Study Process •Document/Data Review •Regional Public Safety Studies related to changes in contract services for fire protection •Public Document Review –Regional Public safety Agencies (i.e., letters, memos, training documents, strategic plans, etc.) •Regional Dispatch Services –Costs and Budgets •Salt River implementation costs (Estimated) •Cave Creek implementation costs (Estimated) •Rio Verde Fire District dispatch budget and assessed fees paid to TOPAZ communications 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 5 Study Process •Fountain Hills Specific Data •Personnel Policies: Amended and Restated, April 2018 •Pay Plan: Fiscal Year 2021 –2022 •Employee Benefit Guide: 2021 –2022 •Arizona Municipal Risk Retention Pool Benefit Guide •Rural Metro monthly data reports for FY 15/16 –FY 20-21 •Paychex Services Agreement •Fountain Hills Community Survey -2021 (See pages 7 –10 of report) 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 6 Study Limitations It is important to note that due to confidentiality clauses in the contract with Rural Metro, the consulting team received limited data, service analysis, and side-by-side comparative costs. The consulting team did their absolute best to minimize the impact of the limitations where possible. A detailed description of the study’s limitations is noted in the body of the report. (See pages 11 of report) 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 7 Key Takeaways •Fountain Hills has a very low fire- dollar loss rate. (See pages 13 –14 of report) 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 8 CONTRIBUTING FACTORS •Building and site plan reviews •Building and site inspections •Public education activities •Response capabilities and professionalism of fire department staff •Sprinkler and alarm requirements Key Takeaways •Rural Metro appears to be meeting all contractual obligations as detailed in the contract with the Town of Fountain Hills. (See pages 28 -29 of report) •Average 5-minutes or less response time for the first arriving unit (<300 seconds). •An 8-minute overall response area based on fire station locations. •Response standards (in both cases) are to be met 90% of the time. •The current contract does not require compliance with NFPA 1910 (staffing and deployment). •The current contract does not require compliance with NFPA 1221 (call processing and dispatch). 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 9 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 10 Key Takeaways 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 11 Key Takeaways Chief Ott and the Rural Metro leadership team assigned to Fountain Hills are professional and clearly working to provide quality services within the context of the contract. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 12 Key Takeaways •The trend over the last 30+ years is for municipalities/districts in Arizona to move away from contractual fire services provided by Rural Metro. o Fountain Hills is one of only two true municipal master contracts that still exist. o Carefree, AZ, who has the other master contract, is evaluating options for a potential change. o Since Rural Metro is not adding new master contracts, one can surmise that the model is no longer a priority under Global Medical Response (GMR) leadership. o This is concerning and must be a primary focus when considering the future of fire protection for the Town of Fountain Hills. o It is impossible to predict how long Rural Metro will be willing to sustain Master Contracts. (See pages 16 -20 of report) 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 13 Key Takeaways Generalized listing of Arizona communities/fire protection districts that have ended subscription and/or master contracts with Rural Metro. In some cases, the ending of service was driven by Rural Metro. •1988: Flowing Wells Fire District (now Northwest Fire District) •1988: “The Boot” Annexation Area (Annexed into the City of Phoenix) •1989: Sun City Fire District •1989: Town of Youngtown (now covered by Sun City Fire District)•1989: Ahwatukee (Annexed into the City of Phoenix) •1989: Laveen Fire District (now covered by Phoenix Fire Department) •1989: Daisy Mountain Fire District •1992: Northwest Fire District •1993: Town of Gilbert•1994: Sun City West Fire District (now North County Fire & Medical District) •2005: City of Scottsdale •2007: Town of Paradise Valley (now covered by Phoenix Fire Department) •2008: Town of Queen Creek•2010: Litchfield Park •2020: Town of Cave Creek •2022: Town of Carefree (Currently under review. At the time of this report, Carefree has signed an 18-month contract with Rural Metro to allow analysis and development of a possible transition plan.) 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 14 (See pages 18 of report) Key Takeaways •A primary reason for the movement away from contracted fire services is the desire for local control. •Desire to be part of the Regional Automatic Aid System•The Rural Metro model does not meet staffing and training standards,•The Rural Metro model does not meet response time standards. •Leadership Challenge -The assigned Rural Metro Fire Chief is often caught in the middle between the Town Manager and the Council while simultaneously reporting to senior leadership at Rural Metro. ARTICLE I, Section 1.6, Subsection E: The Town Manager shall be responsible for coordinating all services within the primary service area as well as conveying the wishes of the Town to the Fire Chief with respect to such services. The Fire Chief shall, at all times, consider the request of the Town Manager with respect to the implementation of fire protection and emergency medical services. While the Town Manager shall have no chain of command authority to direct the operations of Rural Metro employees, such authority being reserved to the Fire Chief, the parties to this agreement understand that the Town expects Rural Metro to reasonably respond to its needs for fire protection and emergency medical services as communicated through the Town Manger. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 15 (See pages 20 -21 of report) Understanding and Applicability of NFPA Standards and the Regional Automatic Aid System 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 16 Regional Automatic Aid System Mutual Aid Mutual aid is not automatic. •Aid is requested on an ad hoc basis by the local incident commander. •Mutual aid, even in the best situations, takes time to put into operation. Automatic Aid The Regional Automatic Aid System utilized in the Phoenix Valley has been in existence since 1976. •Provides the closest, most appropriate fire service resource regardless of jurisdictional boundaries. •It is easily and decisively the “gold standard” for automatic aid systems operated throughout the United States. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 17 (See pages 23 -24 of report) Regional Automatic Aid System •Shared communication centers •All assets maintained by a member of the Automatic Aid System are available,shared,and operated as if the asset is the property of the entire system and not just belonging to a single community/district. •Operation and staffing of specialty response teams (examples): o Hazardous Materials o Technical Rescue Teams (Trench Rescue,Structural Collapse Rescue,Confined Space Rescue,High-angle Rescue) o Dive/Swift Water Rescue o Mountain Search and Rescue o Fire Cause and Origin Investigation •Shared specialized unit response: o Command Team o Rehab o Brush Fire Response o Water Tenders 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 18 Regional Automatic Aid System •Hallmarks of the system: •Shared standard operating procedures •All personnel trained to same minimum standards with participation in regular joint continuing education •Staffing standard of 4-person companies •Designed to meet national standards (NFPA 1710) •Ensures that the same number of firefighters will arrive on-scene and be able to perform standardized functions regardless of jurisdiction •Staffing applies to all engine and ladder companies •Regional Dispatch Centers •Compliance with NFPA 1221 -call processing and dispatch •Automatic dispatch of closest resource based on geographical location •Rural Metro is blocked from being part of the Regional Automatic Aid System due to compliance standards. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 19 National Fire Protection Association •NFPA 1221: Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems Covers all aspects of service delivery, from receiving calls to dispatching emergency units to the correct location in the appropriate time period. •NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments Provides specific details on fire department service capabilities, staffing, deployment, and response times. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 20 (See pages 24 -33 of report) NFPA 1221 –Call Processing and Dispatch Standards 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 21 Emergency Call Processing Standards PSAP Function Process Time Standard Performance Criteria 9-1-1 Calls Answered ≤15 Seconds 90% of the time ≤20 Seconds 95% of the time Time to Dispatch ≤60 Seconds 90% of the time ≤90 Seconds 95% of the time Emergency Call Processing Flowchart Event (Something happened requiring emergency assistance) Call Initiated (Call placed to 9-1-1 requesting help) Call Rings at PSAP Call Answered Call Processing (Determining the nature of the emergency & call location) Call Entry (Entering call information into CAD) Call Dispatch (Emergency responders notified of the call) 15 - Seconds 60 - Seconds NFPA 1221 –Call Processing and Dispatch Standards •Fountain Hills fire assets are dispatched by Rural Metro communications. •Due to the required call transfer from the public safety answering point (PSAP) to Rural Metro, an automatic delay is currently built into the system. •Rural Metro, within the contractual agreement with Fountain Hills (ARTICLE 1: Section 1.4, Subsection B), states that the communication center dispatch times will meet call processing standards once they receive the call. •Although requested through the Fire Chief, no computer aided dispatch data related to call processing was provided. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 22 (See pages 30 of report) NFPA 1710 –Staffing based on required tasks 8/10/2022 23 Open air strip shopping (13,000 – 196,000 ft2) and Apartment (1200 ft2 per unit constructed in a 3-story or garden apartment configuration) Task/Role Staff Number Needed Establishment of incident command outside the hazard area for the overall coordination, direction, and safety of the initial full alarm assignment. This number includes the incident commander and a safety officer. 2 Establishment of two uninterrupted water supplies with each supply line maintained by an operator. 2 Establishment of an effective water flow application rate of 500 gallons per minute (GPM) from three handlines, each of which has a minimum flow rate of 150 GPM. 6 One support member for each attack and backup line to assist in stretching of hose lines, utility control, and forcible entry as necessary 3 Provision of at least two victim search and rescue teams 4 Establishment of an initial medical care component capable of providing immediate on-scene emergency medical support and transport that provides rapid access to civilians or firefighters potentially needing medical treatment. 2 Provision of at least two teams to raise ground ladders and perform ventilation 4 If an aerial device is used in operations, one member is required to function as the aerial operator to maintain primary control of the aerial device at all times. 1 At a minimum, an initial rapid intervention crew (IRIC) assembled from the initial attack crew and, as the initial alarm response arrives, a full and sustained rapid intervention crew (RIC) established. (OSHA Respiratory Protection Standard; 29 CFR § 1910.134): 4 Total staffing numbers required for compliance 27 *28 if aerial ladder is being used Single-family dwelling (2000 ft2) Task/Role Staff Number Needed Dedicated incident commander 1 Pump operator with a dedicated water supply 1 Ability to establish and operate 2-handlines (attack and backup) 4 One support member for each attack and backup line to assist in stretching of hose lines, utility control, and forcible entry as necessary 2 Provision of at least one victim search and rescue team 2 Provision of at least one team to raise ground ladders and perform ventilation 2 If an aerial device is used in operations, one member is required to function as the aerial operator to maintain primary control of the aerial device at all times. 1 At a minimum, an initial rapid intervention crew (IRIC) assembled from the initial attack crew and, as the initial alarm response arrives, a full and sustained rapid intervention crew (RIC) established. (OSHA Respiratory Protection Standard; 29 CFR § 1910.134): 4 Total staffing numbers required for compliance 16 *17 if aerial ladder is being used NFPA 1710 –Response Time and Staffing Standards 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 24 Response Time Standards – First Alarm Assignment Unit(s) Time from Dispatch to Arrival Performance Standard First Engine Company 240 sec. (4 minutes) 90% of the time Second Engine Company 360 sec. (6 minutes) 90% of the time Full Initial Alarm Assignment 610 sec. (10 minutes and 10 seconds) 90% of the time Fountain Hills/Rural Metro (assuming that all units are available and not on other calls) will respond with the following vehicles: •2 –Engines •1 –Ladder Tender •1 –Rescue (Dual role EMS providers) •1 –Medic (Single role EMS providers) •1 –On call Command Officer Total Staff: 11 Firefighter NFPA 1710 –Response Time Standards •The Regional Automatic Aid System is designed to share resources to help meet staffing and response time standards. •Scottsdale has stopped providing mutual aid to Rural Metro. •Mutual aid must be mutual. •Rural Metro is unable to meet response standards of the Automatic Aid System. •Mutual Aid agencies have a built-in delay due to call processing time between dispatch agencies. •Rural Metro will send assets from other communities: •Lengthy response times •Minimal staffing Mutual Aid Partners: Station Location and Travel Distances To Fountain Hills Town Hall Fire Station Miles Minutes Fort McDowell 4.5 9 Scottsdale Station 607 6.1 11 Scottsdale Station 606 9 14 Rio Verde 11 17 Salt River Station 294 13.9 18 Scottsdale Station 604 11.2 18 Scottsdale Station 608 10.8 19 Salt River Station 292 13.4 19 Rural Metro Station 826 (Scottsdale) 15.6 22 Salt River Station 291 15.9 22 Salt River Station 293 15.8 23 Rural Metro Station 821 (Carefree) 29.4 39 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 25 _____ = Regional Automatic Aid System _____ = mutual aid _____ = nearest Rural Metro stations out of town Key Takeaways •Under the current model, the intent of NFPA 1221 is not being met due to call transfer requirements between dispatch centers. •Under the current response model employed by Rural Metro, NFPA 1710 is not being met related to response times and staffing standards. •If the Town discontinued the contract with Rural Metro and worked to comply with the standards required of the Regional Automatic Aid System, the system would help/allow the Town to meet NFPA 1221 and 1710 standards. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 26 Options 1.Status Quo:Continue a contractual relationship with Rural Metro. 2.Option #1:Create a Fountain Hills Municipal Fire Department using the current staffing level. 3.Option #2:Create a Fountain Hills Municipal Fire Department that is compliant in staffing and response times. This option will allow Fountain Hills to become part of the Regional Automatic Aid System. 4.Option #3:Discontinue contract with Rural Metro and enter an IGA with Scottsdale to provide personnel only. 5.Option #4:Enter an IGA to merge Fountain Hills fire services into Scottsdale Fire Department. 6.Option #5:Consolidate into Rio Verde Fire District. 7.Option #6:Request proposals (RFP)from other providers similar to Rural Metro. (See Pages:40-48 for full description and methodology of options.) 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 27 Status Quo: Continue a contractual relationship with Rural Metro. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 28 Option #1: Create a Fountain Hills Municipal Fire Department using the current staffing level. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 29 Standalone Department: DOES NOT MEET Regional Auto Aid Standard Rank Number in Category Fire Chief 1 Fire Marshal 1 Administrative Assistant 1 Training Officer 1 Captain 6 Engineer 6 Firefighter/Paramedic 18 *Total full-time employees –all categories:34 Option #1: Create a Fountain Hills Municipal Fire Department using the current staffing level. •Since there is no longer a “backfill pool,” the department will need to increase staffing per shift to cover paid-time-off (PTO). •This translates into six (6) additional new-hire firefighters. •In addition to the new full-time firefighters, the department will require administrative support. •It is recommended that a full-time administrative assistant be added to assist in records management and the processing and tracking of data. •Information Technology and Human Resource support will likely also be needed. Included in cost projections are the salary and benefits for a full-time Human Resource Generalist and a .5 FTE Information Technology Specialist. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 30 Option #1: Create a Fountain Hills Municipal Fire Department using the current staffing level. •Since Rural Metro will no longer be responsible for staff training, it is recommended that a full-time training officer be hired to work a 40-hour week. •This position will be responsible for daily shift training/drills, EMS continuing education, succession planning/staff development and ongoing employee safety. •This position will ensure mandatory training and department compliance with all required standards as established by OSHA or similar regulatory bodies. •The Arizona Municipal Risk Retention Pool (AMRRP) has provided an initial estimated insurance adjustment. •Expect higher claims experience and the Town will be providing case management services. •2021 Senate Bill 1451 –Presumptive Cancer Law will have future financial impacts to all AMRRP members. •Proactive wellness, testing, and risk management services will be an important function. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 31 Option #2: Create a Fountain Hills Municipal Fire Department that is compliant in staffing and response times. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 32 *Total full-time employees –all categories:40 Standalone Department: MEETS Regional Auto Aid Standard Rank Number in Category Fire Chief 1 Fire Marshal 1 Administrative Assistant 1 Training Officer 1 Captain 6 Engineer 6 Firefighter/Paramedic 24 Note:Included in the section titled “Other Personnel and Related Administrative Costs”is the projected expenses for recruit training at a regional fire academy.If incumbent Rural Metro firefighters were hired and sent to a“bridge academy,”the cost per student would be less,thereby realizing a savings in this category. Option #2: Create a Fountain Hills Municipal Fire Department that is compliant in staffing and response times. •Since there is no longer a “backfill pool,” the department will need to increase staffing per shift to cover paid-time-off (PTO). •This translates into nine (9) additional new hire firefighters. •Avoidance of backfill overtime will be important for work life balance and will likely reduce employee turnover. If the Town does not want to hire three (3) additional firefighters at startup, it should strategically plan to add the three (3) firefighters in the future since tenure will likely increase leave time benefits requiring more backfill coverage. The Town should also ensure that the overtime budget realistically covers benefited time off. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 33 Option #3: Discontinue contract with Rural Metro and enter an IGA with Scottsdale to provide personnel only. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 34 *Total full-time employees –all categories:0 Contractual Staffing from Scottsdale: Meeting Regional Auto Aid Standard Rank Number in Category Division Chief (Acting as “Fire Chief” for the town 1 Fire Marshal 1 Administrative Assistant 1 Captain 6 Engineer 6 Firefighter/Paramedic 24 Option #4: Enter an IGA to merge Fountain Hills fire services into Scottsdale Fire Department. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 35 *Total full-time employees –all categories:0 IGA with Scottsdale for full FD Services: Meeting Regional Auto Aid Standard Rank Number in Category Captain 6 Engineer 6 Firefighter/Paramedic 24 The budget for this Option is expected to be similar to the one for Option #3 with a reduction in salaries for the Division Chief (Acting as “Fire Chief”for the town),Fire Marshal,Administrative Assistant,HR Generalist,and IT Specialist. A total of $476,885 in reduced dollars is anticipated from what is shown in Option #3. Regional Dispatch Center 8/10/2022 36 Options 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 37 Recommendations 1.Should the Town continue using contractual services,it is strongly recommended that a contingency plan be developed for the possibility that Rural Metro might exercise their right to end their contractual relationship.Work on this contingency plan should begin immediately and be complete within 12-months. 2.If,at a point,the Town elects to create and operate a fire department,a primary goal should be compliance with the standards that allows membership in the Regional Automatic Aid System (Option #2).It is further recommended that a consultant knowledgeable in the Regional Automatic Aid System be hired to help the Town prepare its application and assist with plan implementation. 3.It is recommended that any move toward creation of a municipal fire department include the additional positions in Human Resources (HR)and Information Technology (IT)as outlined in this report.(See Section Titled:Human Resources and Internal Considerations.) 4.If the Town elects to create a municipal fire department,it is recommended that all fire employees be placed in the Arizona Public Safety Personnel Retirement System (PSPRS).Participation in this system will be important related to recruitment and retention of fire service personnel. 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 38 Questions/Comments/Discussion 8/10/2022 Craig A. Haigh, Senior Consultant Malayna Halvorson Maes, Senior Consultant 39