HomeMy WebLinkAbout130516CPz:\council packets\2013\r130516\emcfd\130516emcfda.doc Last printed 5/8/2013 7:03 AM
NOTICE OF SPECIAL SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD [EMCFD]
WHEN: THURSDAY, MAY 16, 2013
TIME: 6:25 P.M.
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community
Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a
special session open to the public, which will begin immediately prior to the May 16, 2013, Cottonwoods Maintenance District Board
Meeting and Fountain Hills Town Council meeting.
Members of the Eagle Mountain Community Facilities District Board will attend either in person or by telephone conference call; a
quorum of the Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board are audio and/or video recorded, and, as a result, proceedings in which children are present m ay be subject to such recording.
Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action
to ensure that their child or children are not present when a recording may be ma de. If a child is present at the time a recording is made,
the District Board will assume that the rights afforded parents pursuant to A.R.S. §1 -602.A.9 have been waived.”
AGENDA
CALL TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restricti ons. The
Directors 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 Directors may (i) respond to
criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Eagle Mountain Community Facilities District Board MEETING
MINUTES of August 2, 2012.
2. PUBLIC HEARING regarding Resolution EMCFD 2013-01, approving the Tentative Budget of the
District for the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, setting a hearing date for
the budget and annual assessments.
3. CONSIDERATION of Resolution EMCFD 2013-01, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, setting a hearing date for the budget
and annual assessments.
4. ADJOURNMENT.
DATED this 8th day of May 2013.
Bevelyn J. Bender, District Clerk
The Eagle Mountain Community Facilities District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to
persons with disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable
accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are avai lable for review in the
Clerk’s office and on the Town’s website [www.fh.az.gov].
z:\council packets\2013\r130516\cmd\130516cmda.docx Last printed 5/8/2013 7:09 AM
NOTICE OF SPECIAL SESSION OF
THE COTTONWOOD
MAINTENANCE DISTRICT BOARD [CMD]
WHEN: THURSDAY, MAY 16, 2013
TIME: IMMEDIATELY FOLLOWING THE EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD MEETING, AND PRIOR TO THE REGULAR
MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN COUNCIL
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and
to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which
will begin immediately after the Eagle Mountain Facilities District Board Meeting and prior to the May 16, 2013 Council meeting.
Members of the Cottonwood Maintenance District Board will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board 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 District 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
District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.”
AGENDA
CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. T he
Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly not iced
for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of
August 2, 2012.
2. PUBLIC HEARING regarding RESOLUTION CMD 2013-01, approving the Tentative Budget of the
District for the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date
for the budget and annual assessments.
3. CONSIDERATION of RESOLUTION CMD 2013-01, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date for the
budget and annual assessments.
4. ADJOURNMENT.
DATED this 8th day of May 2013.
Bevelyn J. Bender, District Clerk
The Cottonwood Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate
in this meeting. Supporting documentation and staff reports furnished with this agenda are available for r eview in the Clerk’s office and on the Town’s
website [www.fh.az.gov].
Date posted: Page 1 of 3 Time posted: AM/PM
Last printed: 5/8/2013 4:44 PM
NOTICE OF THE
REGULAR SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, MAY 16, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum
of the Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: Page 2 of 3 Time posted: AM/PM
Last printed: 5/8/2013 4:44 PM
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Trecia Freeman, Church of Jesus Christ of LDS
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and
manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public”
unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be
placed on a future Council agenda.
CONSENT AGENDA ITEM(S)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Counc il. 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 Counc ilmember or member of the public wishes to discuss
an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May
1 and 2, 2013.
2. CONSIDERATION of approving a CONTRACT C2014-101 with C & S Sweeping
Services, Inc., not to exceed $75,000, for street sweeping services beginning July 1, 2013,
and ending June 30, 2014.
3. CONSIDERATION of approving the CONTRACT with Fountain View Village contract for
FY 2013-2016 Home Delivered Meals, in an amount not to exceed $422,081.15.
4. CONSIDERATION of RESOLUTION 2013-21, approving an Intergovernmental
Agreement with Maricopa County Animal Care and Control relating to animal shelter
services (use of County Animal Shelters) for the fiscal period beginning July 1, 2014 through
June 30, 2018, with the estimated annual cost of $19,464.
Date posted: Page 3 of 3 Time posted: AM/PM
Last printed: 5/8/2013 4:44 PM
REGULAR AGENDA ITEMS
5. CONSIDERATION of RESOLUTION 2013-19, adopting the maximum amount for the
Town of Fountain Hills’ Fiscal Year 2013/14 tentative budget with appropriate direction to
publish said documents in accordance with state law. The Council may address any or all
items contained in the budget document and initiate any changes prior to the adoption.
6. CONSIDERATION of accepting a BRONZE SCULPTURE titled, “Ronald Reagan” for
public display in Fountain Park.
7. CONSIDERATION for the Town of Fountain Hills to INTERVENE in the EPCOR
Chaparral City Water Company's Arizona Corporation Commission water rate hearing.
8. CONSIDERATION of RESOLUTION 2013-27, approving the Town of Fountain Hills
Personnel Policies and Procedures, amended and restated July 1, 2013.
9. PUBLIC HEARING regarding ORDINANCE #13-05, an amendment to Section 11-1-3 of
the Town Code. If adopted the ordinance would include a definition for graffiti and add a
requirement to keep walls, buildings, fences, etc. free of graffiti at all times.
10. CONSIDERATION of ORDINANCE #13-05, an amendment to Section 11-1-3 of the Town
Code. If adopted the ordinance would include a definition for graffiti and add a requirement
to keep walls, buildings, fences, etc. free of graffiti at all times.
11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
12. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council:
A. NONE.
13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
14. ADJOURNMENT.
DATED this 8th day of May, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
z:\council packets\2013\r130516\emcfd\130516emcfda.doc Last printed 5/8/2013 7:03 AM
NOTICE OF SPECIAL SESSION OF THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD [EMCFD]
WHEN: THURSDAY, MAY 16, 2013
TIME: 6:25 P.M.
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community
Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a
special session open to the public, which will begin immediately prior to the May 16, 2013, Cottonwoods Maintenance District Board
Meeting and Fountain Hills Town Council meeting.
Members of the Eagle Mountain Community Facilities District Board will attend either in person or by telephone conference call; a
quorum of the Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board are audio and/or video recorded, and, as a result, proceedings in which children are present m ay be subject to such recording.
Parents in order to exercise their rights may either file written consent with the District Clerk to such recording, or take personal action
to ensure that their child or children are not present when a recording may be ma de. If a child is present at the time a recording is made,
the District Board will assume that the rights afforded parents pursuant to A.R.S. §1 -602.A.9 have been waived.”
AGENDA
CALL TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restricti ons. The
Directors 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 Directors may (i) respond to
criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Eagle Mountain Community Facilities District Board MEETING
MINUTES of August 2, 2012.
2. PUBLIC HEARING regarding Resolution EMCFD 2013-01, approving the Tentative Budget of the
District for the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, setting a hearing date for
the budget and annual assessments.
3. CONSIDERATION of Resolution EMCFD 2013-01, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, setting a hearing date for the budget
and annual assessments.
4. ADJOURNMENT.
DATED this 8th day of May 2013.
Bevelyn J. Bender, District Clerk
The Eagle Mountain Community Facilities District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to
persons with disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable
accommodation to participate in this meeting. Supporting documentation and staff reports furnished with this agenda are avai lable for review in the
Clerk’s office and on the Town’s website [www.fh.az.gov].
z:\council packets\2013\r130516\emcfd\aaf minutes.docx Page 1 of 1
Eagle Mountain Community Facilities District
(EMCFD)
AGENDA ACTION FORM
Meeting Date: 5/16/2013
Meeting Type: Special Session
Agenda Type: Regular
Submitting Department:
Administration
Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: CONSIDERATION of approving the Eagle Mountain Community Facilities
District Board meeting MINUTES from August 2, 2012.
Applicant: NA
Applicant Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account
of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on
the Town’s website in compliance with state law.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Budget Reference (page number: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
Attachment(s): None
SUGGESTED MOTION: Move to approve the August 2, 2012 meeting minutes.
Submitted and Approved by:
Bevelyn J. Bender/District Clerk 5/7/2013
Approved:
_________________________________________
Ken Buchanan, District Manager 5/7/2013
1952116.2
RESOLUTION EMCFD NO. 2013-01
RESOLUTION OF THE CHAIRMAN AND BOARD OF THE EAGLE
MOUNTAIN COMMUNITY FACILITIES DISTRICT, APPROVING THE
TENTATIVE BUDGET OF THE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014, AND SETTING A
HEARING DATE FOR THE BUDGET.
BE IT RESOLVED by the Chairman and Board of the Eagle Mountain Community
Facilities District, Maricopa County, Arizona, as follows:
SECTION 1. The statements and schedules attached hereto as Exhibit A and
incorporated herein by this reference are hereby approved for the purpose as hereinafter set forth
as the tentative budget for the Eagle Mountain Community Facilities District (the “District”) for
the fiscal year 2013-14. The statements and estimates of the operation and maintenance
expenses of the District and the amount needed to pay general obligation bonds of the District
(collectively, the “District Expenditures”), which are to be paid from ad valorem taxes collected
in the District, are hereby filed with the District Clerk.
SECTION 2. The District Clerk is hereby authorized and directed to cause to be mailed
to the governing body of the Town of Fountain Hills and published in the manner prescribed by
law, a notice in substantially the form attached hereto as Exhibit A, that the District Board will
meet for the purpose of conducting a final hearing for District taxpayers on the statements and
estimates of District Expenditures filed with the District Clerk and on the adoption of the 2013-
14 Annual Budget for the District; said hearing to be conducted on June 6, 2013, at the hour of
6:25 p.m. in the District offices (the Council Chambers at Fountain Hills Town Hall), 16705 E.
Avenue of the Fountains, Fountain Hills, Arizona, with final approval of the Tax Levy on June
20, 2013, at the same time and place.
PASSED AND ADOPTED by the Chairman and Board of the Eagle Mountain
Community Facilities District, Maricopa County, Arizona, on May 16, 2013.
Linda M. Kavanagh, District Chairperson
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
1952116.2
EXHIBIT A
TO
RESOLUTION EMCFD NO. 2013-01
[Notice/Tentative Budget]
See following page.
1952116.2
NOTICE
The taxpayers of the Eagle Mountain Community Facilities District are hereby notified
that the Chairman and Board members will hold a public meeting on June 6, 2013 at 6:25
p.m. at the District offices located at 16705 E. Avenue of the Fountains, Fountain Hills,
Arizona, when and where any taxpayers of the District will be heard in favor of, or
against any of the proposed expenditures for the Eagle Mountain Community Facilities
District, after which the foregoing estimates, as modified or as now existing, will be
adopted by the Board as the basis for the 2013/2014 budget. Copies of the tentative
2013/2014 District budget may be viewed prior to the June 6, 2013 meeting at the District
Clerk’s office and the Town of Fountain Hills website.
EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT
PROPOSED BUDGET
FISCAL YEAR 2013-2014
For the Year Ended
Revenues 30-Jun-14
Tax Levy at $1.84 per $100 Secondary
Assessed Valuation $430,248
Interest Earnings $600
TOTAL $430,848
Expenses
Annual Debt Service Payment on Refunded Bonds $417,885
Administrative Costs $7,350
TOTAL $425,235
z:\council packets\2013\r130516\cmd\130516cmda.docx Last printed 5/8/2013 7:09 AM
NOTICE OF SPECIAL SESSION OF
THE COTTONWOOD
MAINTENANCE DISTRICT BOARD [CMD]
WHEN: THURSDAY, MAY 16, 2013
TIME: IMMEDIATELY FOLLOWING THE EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD MEETING, AND PRIOR TO THE REGULAR
MEETING OF THE TOWN OF FOUNTAIN HILLS TOWN COUNCIL
WHERE: TOWN OF FOUNTAIN HILLS - COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and
to the general public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which
will begin immediately after the Eagle Mountain Facilities District Board Meeting and prior to the May 16, 2013 Council meeting.
Members of the Cottonwood Maintenance District Board will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Board 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 District
Board 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 District 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
District Board will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.”
AGENDA
CALLED TO ORDER AND ROLL CALL. – District Board Chair Linda M. Kavanagh
CALL TO THE PUBLIC.
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Directors is subject to reasonable time, place and manner restrictions. T he
Directors will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly not iced
for discussion and legal action. At the conclusion of the “Call to the Public”, individual Directors may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda.
1. CONSIDERATION of approving the Cottonwood Maintenance District Board MEETING MINUTES of
August 2, 2012.
2. PUBLIC HEARING regarding RESOLUTION CMD 2013-01, approving the Tentative Budget of the
District for the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date
for the budget and annual assessments.
3. CONSIDERATION of RESOLUTION CMD 2013-01, approving the Tentative Budget of the District for
the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, and setting a hearing date for the
budget and annual assessments.
4. ADJOURNMENT.
DATED this 8th day of May 2013.
Bevelyn J. Bender, District Clerk
The Cottonwood Maintenance District, in cooperation with the Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 480-816-5100 voice or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate
in this meeting. Supporting documentation and staff reports furnished with this agenda are available for r eview in the Clerk’s office and on the Town’s
website [www.fh.az.gov].
z:\council packets\2013\r130516\cmd\aaf minutes.docx Page 1 of 1
Cottonwoods Maintenance District
(CMD)
AGENDA ACTION FORM
Meeting Date: 5/16/2013
Meeting Type: Special Session
Agenda Type: Regular
Submitting Department:
Administration
Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: CONSIDERATION of approving the Cottonwoods Maintenance District Board
meeting MINUTES from August 2, 2012.
Applicant: NA
Applicant Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account
of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on
the Town’s website in compliance with state law.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Budget Reference (page number: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
Attachment(s): None
SUGGESTED MOTION: Move to approve the August 2, 2012 meeting minutes.
Submitted and Approved by:
Bevelyn J. Bender/District Clerk 5/7/2013
Approved:
_________________________________________
Ken Buchanan, District Manager 5/7/2013
1952180.2
RESOLUTION CMD NO. 2013-01
RESOLUTION OF THE COTTONWOODS MAINTENANCE DISTRICT
BOARD, MARICOPA COUNTY, ARIZONA, APPROVING THE TENTATIVE
BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING
JULY 1, 2013 AND ENDING JUNE 30, 2014, AND SETTING A HEARING
DATE FOR THE ANNUAL ASSESSMENTS AND BUDGET.
BE IT RESOLVED by the Board of Directors of the Cottonwoods Maintenance District,
Maricopa County, Arizona, as follows:
SECTION 1. The statements and schedules attached as Exhibit A and incorporated
herein by this reference, are hereby approved for the purpose as hereinafter set forth as the
tentative budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, (the
“District”) for the fiscal year 2013-14. The statements and estimates of the operation and
maintenance expenses of the District, the costs of capital improvements and other expenditures
for public infrastructure of the District (collectively, the “District Expenditures”) are hereby filed
with the District Clerk.
SECTION 2. The District Clerk is hereby authorized and directed to cause to be (i)
mailed to the governing body of the Town of Fountain Hills and all persons owning real property
within the District and (ii) published in the manner prescribed by law, a notice in substantially
the form attached hereto as Exhibit A, that the District Board will meet for the purpose of
conducting a hearing for District taxpayers on the statements and estimates of District
Expenditures filed with the District Clerk, including the annual assessments and on the adoption
of the 2013-14 Annual Budget for the District; said hearing to be conducted on June 6, 2013, at
the hour of 6:25 p.m. in the District offices (the Council Chambers at Fountain Hills Town Hall),
16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268. At the conclusion of the
hearing the District Board shall pass upon any objections and shall adopt the Final Budget for the
District; final approval of the tax levy for the District shall follow on June 20, 2013, at the same
time and place.
PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance
District, Maricopa County, Arizona, on May 16, 2013.
Linda M. Kavanagh, District Chairman
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
1952180.2
EXHIBIT A
TO
RESOLUTION CMD 2013-01
[Notice/Tentative Budget]
See following page.
1952180.2
NOTICE
The taxpayers of the Cottonwoods Maintenance District are hereby notified that the
Board of Directors will hold a public meeting on June 6, 2013 at 6:25 p.m. at District
offices located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, when and
where any taxpayers of the District will be heard in favor of, or against any of the
proposed expenditures for the Cottonwoods Maintenance District, after which the
foregoing estimates as modified or as now existing, will be assessed by the Board as the
basis for the 2013/2014 budget. Taxpayers may file written objections at any time prior
to the hearing, and the Board of Directors shall hear and pass upon any objections at the
hearing.
Copies of the tentative 2013/2014 district budget may be viewed prior to the June 6, 2013
meeting at the District Clerk’s office and the Town of Fountain Hills website.
COTTONWOODS MAINTENANCE DISTRICT
PROPOSED BUDGET
FISCAL YEAR 2013-2014
For the Year Ended
Revenues 30-Jun-14
Tax Levy at $83.15 per Property Owner $4,823
TOTAL $4,823
Expenses
Annual Landscape Maintenance Cost $3,500
Annual Reserve for Exterior Wall Maintenance $1,073
Reserve Fund $250
TOTAL $4,823
Date posted: Page 1 of 3 Time posted: AM/PM
Last printed: 5/8/2013 4:44 PM
NOTICE OF THE
REGULAR SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, MAY 16, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum
of the Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: Page 2 of 3 Time posted: AM/PM
Last printed: 5/8/2013 4:44 PM
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Trecia Freeman, Church of Jesus Christ of LDS
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and
manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public”
unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be
placed on a future Council agenda.
CONSENT AGENDA ITEM(S)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Counc il. 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 Counc ilmember or member of the public wishes to discuss
an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May
1 and 2, 2013.
2. CONSIDERATION of approving a CONTRACT C2014-101 with C & S Sweeping
Services, Inc., not to exceed $75,000, for street sweeping services beginning July 1, 2013,
and ending June 30, 2014.
3. CONSIDERATION of approving the CONTRACT with Fountain View Village contract for
FY 2013-2016 Home Delivered Meals, in an amount not to exceed $422,081.15.
4. CONSIDERATION of RESOLUTION 2013-21, approving an Intergovernmental
Agreement with Maricopa County Animal Care and Control relating to animal shelter
services (use of County Animal Shelters) for the fiscal period beginning July 1, 2014 through
June 30, 2018, with the estimated annual cost of $19,464.
Date posted: Page 3 of 3 Time posted: AM/PM
Last printed: 5/8/2013 4:44 PM
REGULAR AGENDA ITEMS
5. CONSIDERATION of RESOLUTION 2013-19, adopting the maximum amount for the
Town of Fountain Hills’ Fiscal Year 2013/14 tentative budget with appropriate direction to
publish said documents in accordance with state law. The Council may address any or all
items contained in the budget document and initiate any changes prior to the adoption.
6. CONSIDERATION of accepting a BRONZE SCULPTURE titled, “Ronald Reagan” for
public display in Fountain Park.
7. CONSIDERATION for the Town of Fountain Hills to INTERVENE in the EPCOR
Chaparral City Water Company's Arizona Corporation Commission water rate hearing.
8. CONSIDERATION of RESOLUTION 2013-27, approving the Town of Fountain Hills
Personnel Policies and Procedures, amended and restated July 1, 2013.
9. PUBLIC HEARING regarding ORDINANCE #13-05, an amendment to Section 11-1-3 of
the Town Code. If adopted the ordinance would include a definition for graffiti and add a
requirement to keep walls, buildings, fences, etc. free of graffiti at all times.
10. CONSIDERATION of ORDINANCE #13-05, an amendment to Section 11-1-3 of the Town
Code. If adopted the ordinance would include a definition for graffiti and add a requirement
to keep walls, buildings, fences, etc. free of graffiti at all times.
11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
12. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council:
A. NONE.
13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
14. ADJOURNMENT.
DATED this 8th day of May, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
Contract No. C2014-101
1939502.1
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
C & S SWEEPING SERVICES, INC.
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered
into as of July 1, 2013, between the Town of Fountain Hills, an Arizona municipal corporation
(the “Town”) and C & S Sweeping Services, Inc., an Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, Maricopa County, Arizona (the
“County”), entered into Contract No. 12053-S dated July 1, 2012, (the “County Contract”) for
the Contractor to provide street sweeping services. A copy of the County Contract is attached
hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this
Agreement.
B. The Town is permitted, pursuant to Section 3-3-13 of the Town Code, to make
purchases under the County Contract, at its discretion and with the agreement of the awarded
Contractor, and the County Contract permits its cooperative use by other public entities including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose
of (i) acknowledging a cooperative contractual relationship between the Town and the
Contractor, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with street sweeping services, as more particularly set forth in Section 2 below (the
“Services”) and (iii) setting the maximum aggregate amount to be expended pursuant to this
Agreement related to the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the
Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until June 30, 2014 (the “Initial Term”),
unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement
or the County Contract. After the expiration of the Initial Term, this Agreement may be renewed
for up to four successive one-year terms (each, a “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 County Contract has been extended, (iii) at least 30 days
prior to the end of the then-current term of the Agreement, the Contractor requests, in writing, to
extend the Agreement for an additional one-year term and (iv) the Town approves the additional
one-year term in writing (including any price adjustments approved as part of the County
1939502.1
2
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 the 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. Contractor shall provide the Services under the terms and
conditions of the County Contract and as set forth in the Scope of Work, attached hereto as
Exhibit B and incorporated herein by reference.
3. Reporting. Contractor shall provide the Town with a written report, in a form
acceptable to the Town Manager or authorized designee, by July 31st of each year, including, at
a minimum, the number of residential and arterial street miles swept and the tons of debris
collected for each. The reporting period shall cover the fiscal year beginning July 1 of the
previous year and ending June 30 of the then-current year.
4. Compensation. The Town shall pay Contractor for the Initial Term, an aggregate
amount not to exceed $75,000.00 for Services at the unit rates as set forth in the County
Contract. The maximum aggregate amount for the entire Term of this Agreement shall not
exceed $415,000.00.
5. Payments. The Town shall pay the Contractor monthly, based upon acceptance
and delivery of 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 County Contract
and (ii) document and itemize all work completed to date. The invoice statement shall include a
record of time expended and work performed in sufficient detail to justify payment.
Additionally, invoices submitted without referencing this Agreement and the County Contract
will be subject to rejection and may be returned.
6. Records and Audit Rights. To ensure that the Contractor and its subcontractors
are complying with the warranty under Section 7 below, Contractor’s and its subcontractors’
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Contractor and its
subcontractors’ employees who perform any work or services pursuant to this Agreement (all of
the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (i) evaluation and verification of any invoices, payments or claims based on
Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (ii) evaluation of the Contractor’s and its subcontractors’ compliance with the
Arizona employer sanctions laws referenced in Section 7 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
1939502.1
3
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.
7. 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.
8. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and
35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan
or Iran. For the purpose of this section the term “scrutinized business operations” shall have the
meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as applicable. If the Town
determines that the Contractor submitted a false certification, the Town may impose remedies as
provided by law including terminating this Agreement.
9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
10. 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.
11. Agreement Subject to Appropriation. This Agreement is subject to the provisions
of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this
Agreement for payment of funds by the Town shall be effective when funds are appropriated for
purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Contractor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation
or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay
the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor
shall be relieved of any subsequent obligation under this Agreement.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, any Town-approved work orders, invoices and the County
Contract, the documents shall govern in the order listed herein. Notwithstanding the foregoing,
and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or
provisions in conflict with the terms of this Agreement or the County Contract (collectively, the
1939502.1
4
“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 County Contract shall not alter
or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and
obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the County Contract, the
Town shall be afforded all of the rights and privileges afforded to the County and shall be the
“County” (as defined in the County Contract) for the purposes of the County Contract.
14. Indemnification; Insurance. In addition to and in no way limiting the provisions
set forth in Section 13 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the County to the extent provided under the County Contract, and
such insurance coverage and indemnifications shall inure and apply with equal effect to the
Town under this Agreement including, but not limited to, the Contractor’s obligation to provide
the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such
Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”),
insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or
based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in
connection with the work or services of the Contractor, its officers, employees, agents, or any
tier of subcontractor in the performance of this Agreement.
[SIGNATURES ON FOLLOWING PAGES]
1939502.1
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Kenneth W. Buchanan, Town Manager
ATTEST:
Bevelyn J. Bender, Town Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on ________________, 2013, by Kenneth
W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal
corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
(affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
1939502.1
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
C & S SWEEPING SERVICES, INC.
[County Contract]
See following pages.
SERIAL 12053 S STREET SWEEPING SERVICES
DATE OF LAST REVISION: June 20, 2012 CONTRACT END DATE: June 30, 2015
CONTRACT PERIOD THROUGH JUNE 30, 2015
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for STREET SWEEPING SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on June 20, 2012 (Eff. 07/01/12).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Wes Baysinger, Chief Procurement Officer
Office of Procurement Services
DW/mm
Attach
Copy to: Office of Procurement Services
Jim Baker, Public Works
(Please remove Serial 05167-S from your contract notebooks)
SERIAL 12053-S
STREET SWEEPING SERVICES
1.0 INTENT:
The intent of this solicitation is to establish a contract to provide personnel, materials, and equipment to
perform street sweeping services for Maricopa County, as indicated in the specifications below. This
service shall be authorized by Purchase Order only.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 2.24 and 2.25, below).
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where
the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to
ensure adequate competition on any project or task order work
2.0 SCOPE OF SERVICES:
2.1 DEFINITION OF TERMS:
For the purpose of these specifications, the following words or terms shall be defined as hereinafter
set forth. Please substitute the following location: Maricopa County Flood Control District
(MCFCD) with Maricopa County Department of Transportation (MCDOT) where necessary when
contracting with the MCFCD and these additional definitions shall apply.
2.1.1 "Center line Mile" shall mean the number of miles, to the nearest 1/100 of a mile, as
measured along the center line of the street, whether or not there is a median.
2.1.2 “Inspector” shall mean the Maricopa County Department of Transportation Maintenance
Inspector.
2.1.3 "Agreement" shall mean the agreement for the sweeping and disposal of debris from the
streets of the Maricopa County Department of Transportation.
2.1.4 "County" shall mean the Maricopa County Department of Transportation, its officers,
employees, or representatives.
2.1.5 "Contractor" shall mean the person, corporation or partnership performing street sweeping
services under contract with the County.
2.1.6 "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material
removable from a paved street with a mechanical street sweeper.
2.1.7 "May" shall be permissive.
2.1.8 "Shall" shall be mandatory.
2.1.9 "Street" shall mean all dedicated public right-of-way within the existing or future limits of
the Maricopa County Department of Transportation, which are paved. The term “street”
shall include other paved areas as directed.
2.1.10 "Street Sweeping" shall mean the removal by dustless type machine sweepers of all debris
from all portions of a street.
2.1.11 "Sweeping" shall mean all debris removed from streets.
2.2 SERVICE REQUIRED:
2.2.1 Service shall include furnishing all labor, equipment, tools, fuel, materials, insurance,
supervision and all other items incidental thereto and to perform all work necessary as
SERIAL 12053-S
specified. The Contractor shall provide a yard for parking, maintenance and storage of all
equipment at no expense to the County. The Contractor shall provide street sweeping
services as follows: on designated arterial (major), collector, commercial, residential, and
industrial streets as indicated by MCDOT. All streets shall be swept in accordance to their
designated cycle of 2 weeks, 4 weeks or 8 week sweep.
2.2.2 Additional Services
Additional services including emergency call-outs, or special sweeps, shall be performed
by the Contractor, upon request by Maricopa County or its representatives.
2.2.3 Changes in Services
During the term of this agreement or any extension thereof, the County may elect to
increase or decrease the frequency or number of center line miles of street sweeping
services. The stated increase or decrease shall be by written or electronic notification to the
contract or the unit price for changes and/or additions shall be at the current contract unit
pricing.
2.3 DISPOSAL:
The Contractor shall transport and dispose of all sweepings in accordance with all County, State and
Federal requirements. Sweepings are not to be off loaded at temporary storage sites. The County
shall be notified which disposal site(s) are used. The Contractor shall be solely responsible for any
fees involved in disposal.
2.4 HOURS OF OPERATION:
Standard operating hours for sweeping under this agreement shall be Monday through Thursday,
between the hours of 7:00 6:00 a.m. and 4:00 p.m., with the following exceptions:
2.4.1 Broadway Rd (2 week sweep): 1:30a.m. until complete
2.4.2 Area 2-A (2 week sweep): 2:00a.m. until complete
2.4.3 McDowell Rd., Alma School Rd to Country Club (2 week sweep): 1:30a.m. until complete
2.4.4 Area 2-B (2 week sweep): 2:30a.m. until complete
2.4.5 Gilbert Rd, Loop 202 to SR 87 (2 week sweep): 1:30a.m. until complete
2.5 HOLIDAYS:
The following is a list of holidays on which contract service will not be
performed:
New Year's Eve
New Year's Day
Martin Luther King Day
President’s Day
Memorial Day
Independence Day - July 4th
Labor Day - First Monday in September
Columbus Day
Veteran's Day
Thanksgiving Holiday-Fourth Thursday and Friday in November
Christmas Eve
Christmas Day
When a holiday named herein falls on Saturday or Sunday special scheduling adjustments may be
required. During the week of a holiday, the Contractor shall adjust the weekly schedule so as to
return to the normal weekly schedule the following week. All such adjustments must be approved
SERIAL 12053-S
by the County. Holiday sweeping schedules must be submitted to the County representative seven
(7) days prior to a holiday. Holiday make up sweeping may not be required.
2.6 WEATHER CONDITIONS:
The Maricopa County Department of Transportation (MCDOT) inspector or authorized
representative reserves the right to be the sole judge if the weather is too inclement to sweep. When
adverse weather interrupts sweeping, the Contractor shall adjust the work schedule so as to return to
the normal weekly schedule the following week. The County reserves the right to direct schedule
changes, made necessary due to inclement weather. In the event of a rain day, the Contractor Field
Supervisor shall obtain approval from the County representative for the days sweeping.
2.7 CONTRACTOR/COUNTY COMMUNICATIONS:
2.7.1 Local Office
Throughout the period of this contract, the Contractor shall establish and maintain an
office/dispatch and an authorized managing agent in the Phoenix Metropolitan area.
Contractor's managing agent shall serve as the point of contact for dealing and
communications for the Contractor.
2.7.2 County Contract
The overall contract administrator for the County is the Office of Procurement Services. For
daily operations, the County's point of contact will be the MCDOT inspector, or authorized
representative.
2.7.3 Field Supervisor
The Contractor shall have a Field Supervisor available via telephone and mobile response
during all sweeping hours. The vehicle used by the Supervisor shall not be a sweeper.
The Field Supervisor shall be responsible for inspection of streets being swept to identify
special requirements and deficiencies. When applicable the Field Supervisor shall make
contact with the County's representative for the purpose of exchanging information
regarding days sweeping, including production and/or notable discrepancies
The Field Supervisor shall notify Maricopa County Department of Transportation and/or
Inspector 72 hours in advance of weekly sweeping schedule. The Field Supervisor shall
submit to the inspector a schedule showing areas and/or units complete at the end of each
week.
The Field Supervisor shall adjust work hours to coincide with the Maricopa County
Department of Transportation operational hours for winter/summer. Refer to Section 2.4.
2.7.4 Complaints and Requests for Service
Contractor's local office shall have 24 hour telephone service and a responsible person in
charge Monday through Sunday, to receive all complaints/requests for service forwarded by
the employees of the Maricopa County Department of Transportation. All complaints shall
be resolved in an expeditious manner within the following 24-hour period.
2.8 CONTRACT COMPLAINTS AND DEFICIENCIES:
2.8.1 Complaints Received by the County:
The County will notify the Contractor by telephone and/or electronically of each contract
complaint reported.
Reports of unsatisfactory performance and the area/unit shall be completed in its entirety
and inspected, prior to being invoiced.
SERIAL 12053-S
2.8.2 Complaints Received by Contractor
The Contractor shall electronically submit to the County and/or the inspector/representative
all complaints, on a daily basis. The complaint submitted shall include detailed information
regarding the discrepancy, time, area and/or locations.
2.9 CONTRACTOR'S EMPLOYEES:
2.9.1 Identification
Contractor's employees shall be required to wear a clean uniform bearing Contractor's
name. Employees who normally and regularly come into direct contact with the public shall
bear some means of individual identification, such as a nametag or identification card.
2.9.2 Drivers License
Employees driving the Contractor's vehicles shall at all times possess and carry a valid
Commercial Drivers License issued by the State of Arizona.
2.9.3 Conduct
Contractor's employees and subcontractors shall not identify themselves as being
employees of the Maricopa County Department of Transportation. Employees shall conduct
themselves in such a manner as to avoid embarrassment to the Maricopa County
Department of Transportation, and shall be courteous to the public. If required, the County
retains the right to require a particular operator be removed from working on this contract.
2.10 CONTRACTOR'S EQUIPMENT:
2.10.1 Sweeping Equipment - Type, Quantity and Condition
The Contractor shall provide and maintain during the entire period of the contract, a fleet of
not less than three (3) dustless type machine sweepers, with a filtering system capable of
trapping particles in a ten (10) micron or smaller rated filter.
All vehicles must be maintained in good repair, appearance and sanitary condition at all
times. The County reserves the right to inspect the Contractor's vehicles at any time to
ascertain said condition. The County representative shall have the right to "shut down"
immediately, upon inspection, any vehicle/sweeper deemed unsafe or unsatisfactory during
performance of this contract.
The Contractor shall furnish the County with a list identifying all equipment to be used in
fulfilling this agreement and notify the County of any additions or deletions. The list shall
be submitted electronically/in writing to the county Representative/Inspector.
The Contractor shall utilize a sweeper fleet of 2009 or newer models of latest design and
construction and shall not be prototype models, upon implementation of this contract. Any
changes in the Contractor's sweeping equipment from the initial equipment must have prior
approval of the County.
To meet PM-10 compliance, the sweeper fleet, with the exception of the on-call mechanical
broom sweeper, shall meet the requirements of the South Coast Air Quality Management
District (SCAQMD) Rule 1186 list of Certified Street Sweepers. Refer to Attachment D.
The entire Rule 1186 and 1186 Appendix A can be downloaded from the AQMD website
at www.aqmd.gov/rules.
SERIAL 12053-S
2.10.2 Equipment Identification
All vehicles and equipment used by the Contractor must be clearly identified with the name
of the company, address of local office and phone number of local office on each side of the
equipment. Also, the words "Under Contract to the Maricopa County Department of
Transportation" must be on all equipment, including personnel transportation vehicles. The
letters shall be at least three inches high and of proportionate width.
2.10.3 Equipment Safety Requirements
All equipment must be equipped in accordance with State laws and shall be equipped with
amber lens flasher visible for one (1) mile in a 360 degree pattern and six inch diameter
hazard lights visible from the rear that operate independently of the brake lights. In addition
arrow board (30" x 60") must be on all sweepers and be fully operational.
2.10.4 Minimum Sweeping Width Required
Equipment must be capable of sweeping a minimum eight-foot width as measured with all
brooms in the sweeping position. Equipment without this capability is not acceptable.
2.10.5 Automatic Vehicle Location (AVL) –
Contractor shall provide a complete AVL for the purpose of monitoring street sweeping
activities.
The AVL system shall be accessible via the internet on a secure website available to
authorized County staff, with a login and password.
The AVL system shall include and initiate broadcasting data when brooms are activated or
lowered to begin sweeping. Data shall be submitted at a minimum, to include but not be
limited to, 30 second intervals to the secured website for monitoring.
In order for MCDOT to monitor the efficiency of the street sweeping operation, the
following information shall be provided by the AVL:
2.10.5.1 SPEED: The speed of the street sweeper during the street cleaning operation
shall be monitored. The AVL shall be able to determine when the street
sweeper is performing the cleaning operation and report the vehicle speed.
This speed shall be measured in one mile per hour increments. The AVL shall
be able to measure speeds accurately from a minimum of 3 miles per hour to a
maximum of 25 miles per hour.
2.10.5.2 TRACKING: The accuracy of the street sweeper’s location shall be to within 50
feet or less of the actual location. The AVL shall show the following but not
limited - vacuum on, gutter or center brush down &working, and the location of
a single vehicle or all the vehicles. It is preferred that the street sweeper’s
location be displayed on street map window with user controlled sizing and
placement.
2.10.5.3 MANAGEMENT REPORTS: As a minimum, daily management reports on all
the street sweepers shall be provided by the AVL to include routes cleaned, the
time of day the routes were cleaned. In addition, a log type report of each
occurrence, location, and the duration of the occurrence that the street sweeper
was in excess of 8 miles per hour, while performing the cleaning operation.
2.10.5.4 RELIABILITY: The AVL – FMS shall maintain a 95% performance level.
2.10.5.5 COVERAGE: The AVL – FMS coverage area shall include all of Maricopa
County.
SERIAL 12053-S
2.10.5.6 FREQUENCY: All monitored functions shall be available upon the request of
the MCDOT inspector/representative or his/her designee and the Public Works
GIS Division.
2.11 STANDARD OF PERFORMANCE:
2.11.1 Level of Cleanliness
Contractor shall remove all debris from all streets and radius every sweeping cycle. The
Contractor shall make as many passes as necessary to accomplish the task. This action will
include removal of spills of concrete, rock, gravel, accident debris, etc. Items of excessive
size, such as cardboard, palm fronds, large gravel etc. shall be physically picked up and
place in the hopper by the operator or other personnel. Contractor shall clean all sidewalks
and driveways as needed or as requested by the MCDOT inspector or authorized
representative due to spilling, scattering or dropping of debris / refuse during sweeping
activity.
2.12 AREAS TO BE CLEANED:
Arterial, Collector, Industrial, Residential and Commercial Streets
The entire length of all curbs (including median curbs and curb returns) uncurbed pavement edges
and flush concrete or paved medians shall be swept each time the associated street is swept. The
balance of each street shall be swept as needed. In any case, no debris shall be left anywhere on
the street pavement after sweeping is completed.
2.13 SWEEPING PRACTICES:
At all times the Contractor shall use good sweeping practices and shall exercise due care so as to
prevent spilling, scattering or dropping of refuse throughout sweeping activity and shall
immediately clean up such spillage, dropping or scattering. Sweeping practices include, but are
not limited to:
2.13.1 Adjust spray nozzles to keep dust, caused by sweeping, to a minimum.
2.13.2 Center dirt reflector and main drag shoes shall be properly maintained and adjusted, or any
other device designed to direct debris or dirt into the path of the rear broom.
2.13.3 Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8)
miles per hour. Patterned concrete medians, crosswalks and radius shall be swept at a
maximum speed of three (3) miles per hour.
2.13.4 Operate sweepers as close to parked cars or other obstacles as safety allows.
2.13.5 Use common sense and good judgment at all times.
2.13.6 A minimum of three (3) sweepers shall be required. Any deviation must be approved by
MCDOT Representative.
2.14 ROUTING AND SWEEPER AVAILABILITY:
2.14.1 The Contractor shall provide the County with route maps, an annual schedule annually and
a weekly schedule weekly so to reflect the 2 week, 4 week & 8 week sweep cycles. . The
Contractor shall keep such information current at all times. Sequence of sweeping shall be
provided to the County no later than ten (10) days prior to the initiation of sweeping
operations or changes in operation. The County reserves the right to request routing
changes at any time. Contractor shall use and provide the County a weekly spreadsheet to
assist in managing the contract sweep schedule.
SERIAL 12053-S
2.14.2 The total number of sweepers required (less standby units) shall be available for work a
minimum of four (4) days per week during normal work hours. Each sweeper shall have its
own regularly designated operator and scheduled route each day. The Field Supervisor will
be required to report any and all sweeper breakdown and repairs to the MCDOT inspector,
designee or his/her assigned representative immediately. This information shall also be
reported on the daily written report. Contractor or Area Supervisor shall make comments
into the remark section of the sweep schedule as to the reason a sweep was not on schedule.
2.14.3 The County considers that it is paying for immediate availability of each sweeper, between
the hours of 6:00 a.m. and upon completion of routes, on any day a full route is scheduled,
unless the County approves suspension of work due to inclement weather.
2.15 CONSTRUCTION RELATED PROBLEMS AND STORM DEBRIS:
Dirt and debris carried onto streets from identifiable construction sites is not considered the
responsibility of the Contractor if located within 500 feet of the construction site. However, the
Contractor will be responsible for making four (4) separate passes in front of each site at a speed
below the contract limit, regardless of the condition. The Contractor shall report construction areas
daily to McDot inspector/representative. The Contractor will be required to totally clean all debris
carried by traffic to areas beyond 1,000 feet from responsibility. Storm clean up and sweeping
must be completed as soon as possible. Night sweeping will be permitted upon McDot request for
normal storm clean up, at no additional cost to County.
2.16 HANDLING OF DEFICIENCIES:
Deficiencies must be corrected within 24 hours of receipt of a deficiency notice. Failure of the
Contractor to do so will result in a deduction of not less than one (1) centerline mile from the next
payment. Failure to correct the deficiency within24 hours of the notice shall be considered failure to
perform. Each area unsatisfactorily cleaned will be considered a separate deficiency unless located
with the same continuous mile section on the same street.
2.17 MEASUREMENT FOR PAYMENT:
2.17.1 Regular Service
This service will be measured for payment by the total number of centerline miles swept
satisfactorily. The miles shall be calculated to the nearest hundredth of a mile. Intersections
shall not be measured in both directions when routes cross.
2.17.2 Additional Service
Emergency call outs will be measured by the actual hours spent sweeping plus the shortest
travel time either to or from the work site. Travel time longer than 30 minutes must be
justified on the daily report. The hours will be calculated to the nearest one-half hour (30
minutes). Special event sweeping shall be paid for by actual hours of sweeping. Response
time for all emergency call outs shall be no longer than one (1) hour after initial contact.
2.17.3 Contingency Bid Items
2.17.3.1 Residential Sweeping - Residential sweeping shall be in accordance with
professional street sweeping policies. As referenced in previous "workmanship"
areas within these specifications, additional sweeper passes may be required.
2.17.3.2 All coordination for residential sweeping shall be with the Field Supervisor. He
shall ensure Daily Operator Reports, are properly completed and forwarded to
the County representative weekly.
2.17.3.3 Sweeping hours for residential streets shall be 6:00 a.m. to 4:00 p.m., Monday
through Thursday, or as approved schedules deem necessary. Residential streets
SERIAL 12053-S
may be scheduled every eighth (8) week (a total, estimated, of seven (7) sweeps
per year), every 4th week (total estimated 13 sweeps per year) and/or every
second week (a total, estimated of 26 sweeps per year). Schedules shall be
submitted for approval at least 72 hours prior to weekly sweeping operations.
Maricopa County Department of Transportation shall furnish specific street
mileage lists upon approval for incorporating residential sweeping
2.18 PAYMENT FOR SERVICE:
2.18.1 Regular Service
The Contractor must electronically invoice the County on a weekly basis for the amount of
service actually performed. The Contractor invoices shall state the area and units swept and
the number of center line miles swept thereon. If there are any deficiencies, which were not
corrected, in the specified time, or units not completed due to adverse weather those areas
and/or units shall be invoiced on the next billing cycle. Contractor shall not be paid for
sweeps that do not meet schedule. Field Supervisor and vehicle cost will be considered
incidental to the work.
Invoices must be received by County representative no later than each Tuesday, 11:00
a.m. for the previous weeks sweeping.
2.18.2 Additional Service
The Contractor must invoice the County on a weekly basis for all additional service. The
invoice must state the type service (emergency or special sweep).
2.19 DELIVERY:
It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for
in the Technical Specifications. Maricopa County reserves the right to obtain services on the open
market in the event the Contractor fails to make delivery and any price differential will be charged
against the Contractor.
2.20 TAX:
No tax shall be levied against labor. Bid pricing to include all labor, overhead tools and
equipment used, profit, and any taxes that may be levied. It is the responsibility of the Contractor
to determine any and all taxes and include the same in bid price.
2.21 USAGE REPORT:
The Contractor, upon request, shall furnish the County a quarterly usage report delineating the
acquisition activity governed by the Contract. The format of the report shall be approved by the
County and shall disclose the quantity and dollar value of each contract item by individual unit.
2.22 INVOICES AND PAYMENTS:
2.22.1 The Contractor shall submit two (2) legible copies of their detailed invoice before
payment(s) can be made. At a minimum, the invoice must provide the following
information:
Company name, address and contact
County bill-to name and contact information
Contract Serial Number
County purchase order number
Invoice number and date
Payment terms
SERIAL 12053-S
Date of service or delivery
Quantity (number of days or weeks)
Contract Item number(s)
Description of Purchase (product or services)
Pricing per unit of purchase
Freight (if applicable)
Extended price
Mileage w/rate (if applicable)
Arrival and completion time (if applicable)
Total Amount Due
2.22.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
2.22.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(www.maricopa.gov/finance/vendors).
2.22.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
2.23 FUEL COST PRICE ADJUSTMENT:
2.23.1 This provision provides for limited increased or decreased costs of motor fuels (fuels)
used to perform services under this Contract. This provision does not apply to burner
fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only.
Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment
will result in an increase in payments to Contractor while a negative fuel cost adjustment
will result in a decrease in payments to Contractor.
2.23.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost
fluctuations that may occur during the term of this Contract. This provision is not
designed to estimate actual quantities of fuel used in providing services under this
Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on
average conditions.
2.23.3 Application of this provision will come into effect upon Contractor submittal of a fuel
cost adjustment request. A request may be submitted only when the increased cost of
fuel, established as a percentage of total contract price (base fuel cost) upon award of this
Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a
fuel surcharge no more than four (4) times annually, during the month(s) of March, June,
September and December. The request must be submitted no later than the tenth (10th) of
the month. Any surcharge shall be effective the first of the following month after receipt
and approval. The date of County approval of a fuel cost adjustment request shall
become the base date for any future Contractor adjustment requests.
2.23.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel
represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A,
Vendor Information). This percentage will represent and establish the base fuel cost for
this Contract. The base fuel cost shall be established as the due date for submission of
proposals for this Contract. All subsequent fuel cost adjustments shall be based upon the
date the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost
adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date
for any next Contractor request for adjustment).
SERIAL 12053-S
2.23.5 Fuel Cost Application Requirement. The Contractor must provide documentation
including type of motor fuel and fuel invoices with price of the fuel used in providing
services under this Contract, from the month bids were due and the month of the cost
adjustment request, with any fuel cost adjustment application. The fuel cost adjustment
application must be completed with all applicable data, and signed by the Contractor.
2.23.6 The fuel surcharge shall be based on the current quarterly index of the West Coast
(PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to
the previous quarterly index period as reported on the Energy Information Administration
(EIA) website: http://www.eia.doe.gov/
2.23.7 The computation of the fuel surcharge amount shall be determined as follows:
2.23.7.1 The fuel cost component from Attachment A (Vendor Information) of the
Contract with Maricopa County, multiplied by the percent of change indicated
by the EIA report from the previous index period.
2.23.7.2 Upon agreement by the County to the surcharge, the County shall issue
written approval of the change prior to any adjusted invoicing submitted for
payment.
2.23.7.3 The surcharge shall be added as a separate line item to the invoice.
2.24 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please state so in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
2.25 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS
(ICPA’s)
County currently holds ICPA’s with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
3.0 CONTRACTUAL TERMS & CONDITIONS:
3.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed price purchasing contract to cover a three (3)
year term.
SERIAL 12053-S
3.2 OPTION TO RENEW:
The County may, at their option and with the approval of the Contractor, renew the term of this
Contract up to a maximum of Three (3) additional years, (or at the County’s sole discretion,
extend the contract on a month to month basis for a maximum of six (6) months after expiration).
The Contractor shall be notified in writing by the Office of Procurement Services of the County’s
intention to renew the contract term at least thirty (30) calendar days prior to the expiration of the
original contract term.
3.3 PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the
Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must
be supported by appropriate documentation. If County agrees to the adjusted price terms, County
shall issue written approval of the change. The reasonableness of the request will be determined
by comparing the request with the (Consumer Price Index) or by performing a market survey.
3.4 INDEMNIFICATION:
3.4.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the performance of this Contract.
Contractor’s duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
or mistakes in the performance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
3.4.2 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
3.4.3 The scope of this indemnification does not extend to the sole negligence of County.
3.5 INSURANCE:
3.5.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of A-, VII or higher. In lieu of
State of Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
3.5.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
3.5.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
3.5.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
SERIAL 12053-S
3.5.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
3.5.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not be
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of
Contractor’s obligations under this Contract.
3.5.7 The insurance policies required by this Contract, except Workers’ Compensation, and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
3.5.8 The policies required hereunder, except Workers’ Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
3.5.9 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property damage.
3.5.10 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services under this Contract.
3.5.11 Workers’ Compensation:
3.5.11.1 Workers’ Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of Contractor’s employees engaged in the
performance of the work or services under this Contract; and Employer’s
Liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee, and $500,000 disease policy limit.
(N.B. - $1,000,000 limits on larger contracts)
3.5.11.2 Contractor waives all rights against County and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor pursuant to
this Contract.
SERIAL 12053-S
3.5.12 Errors and Omissions Insurance:
Errors and Omissions insurance and, if necessary, Commercial Umbrella insurance,
which will insure and provide coverage for errors or omissions of the Contractor, with
limits of no less than $1,000,000 for each claim.
3.5.13 Certificates of Insurance.
3.5.13.1 Prior to commencing work or services under this Contract, Contractor shall
have insurance in effect as required by the Contract in the form provided by
the County, issued by Contractor’s insurer(s), as evidence that policies
providing the required coverage, conditions and limits required by this
Contract are in full force and effect. Such certificates shall be made available
to the County upon 48 hours notice. BY SIGNING THE AGREEMENT
PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT
AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF CONTRACT.
3.5.13.1.1 In the event any insurance policy (ies) required by this contract
is (are) written on a “claims made” basis, coverage shall extend
for two years past completion and acceptance of Contractor’s
work or services and as evidenced by annual Certificates of
Insurance.
3.5.13.1.2 If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County fifteen (15) days prior to the
expiration date.
3.5.14 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
3.5.15 Each such bond shall include a provision allowing the prevailing party in a suit on such
bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed
by a judge of the court.
3.5.16 Each bond shall be executed by a surety company or companies holding a certificate of
authority to transact surety business in the State of Arizona issued by the Director of the
Department of Insurance. The bonds shall not be executed by an individual surety or
sureties. The bonds shall be made payable and acceptable to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety
who is either a resident of the State of Arizona or whose principal office is maintained in
this state, as by law required, and the bonds shall have attached thereto a certified copy of
the Power of Attorney of the signing official. In addition, said company or companies
shall be rated “Best-A” or better as required by the Contracting Agency, as currently
listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
3.6 ORDERING AUTHORITY.
3.6.1 Respondents should understand that any request for purchase of materials or services
shall be accompanied by a valid purchase order, issued by the Office of Procurement
Services, or by a Certified Agency Procurement Aid (CAPA).
3.6.2 Maricopa County departments, cities, other counties, schools and special districts,
universities, nonprofit educational and public health institutions may also purchase from
under this Contract at their discretion and/or other state and local agencies (Customers)
may procure the products under this Contract by the issuance of a purchase order to the
Respondent. Purchase orders must cite the Contract number.
SERIAL 12053-S
3.6.3 Contract award is in accordance with the Maricopa County Procurement Code. All
requirements for the competitive award of this Contract have been met. A purchase order
for the products is the only document necessary for Customers to purchase and for the
Respondent to proceed with delivery of materials available under this Contract.
3.6.4 Any attempt to represent any product not specifically awarded under this Contract is a
violation of the Contract. Any such action is subject to the legal and contractual remedies
available to the County, inclusive of, but not limited to, Contract cancellation, suspension
and/or debarment of the Respondent.
3.7 REQUIREMENTS CONTRACT:
3.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid will be a requirements contract. However, the Contract
does not guarantee any minimum or maximum number of purchases will be made. It
only indicates that if purchases are made for the materials contained in the Contract, they
will be purchased from the Contractor awarded that item. Orders will only be placed
when the County identifies a need and proper authorization and documentation have been
approved.
3.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time
after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor but only for actual and documentable costs incurred by the Contractor due to
and after issuance of the Purchase Order. The County will not reimburse the Contractor
for any costs incurred after receipt of County notice of cancellation, or for lost profits,
shipment of product prior to issuance of Purchase Order, etc.
3.7.3 Contractors agree to accept verbal notification of cancellation from the Office of
Procurement Services Procurement Officer with written notification to follow. By
submitting a bid in response to this Invitation for Bids, the Contractor specifically
acknowledges to be bound by this cancellation policy.
3.8 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
3.9 TERMINATION FOR DEFAULT:
If the Contractor fails to meet deadlines, or fails to provide the agreed upon service/material
altogether, a termination for default will be issued. The termination for default will be issued only
after the County deems that the Contractor has failed to remedy the problem after being
forewarned.
3.10 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit
of its creditors, additionally if a receiver should be appointed on account of its insolvency, the
County may terminate the Contract. If the Contractor should persistently or repeatedly refuse or
should fail, except in cases for which extension of time is provided, to provide enough properly
skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed
with work or otherwise be guilty of a substantial violation of any provision of this Contract, then
the County may terminate the Contract. Prior to termination of the Contract, the County shall give
the Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice,
the Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
SERIAL 12053-S
3.11 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
3.12 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
3.13 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete materials to a Contract. If a service
requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount
of service reduced in accordance with the bid price. If additional materials are required from a
Contract, prices for such additions will be negotiated between the Contractor and the County.
3.14 SUBCONTRACTING:
3.14.1 The Contractor may not assign a Contract or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
3.14.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor,
who in turn shall pass-through the costs to the County, without mark-up. A copy of the
Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
3.15 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
3.16 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
3.16.1 In accordance with section MCI 367 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine copy and make use of, any and all said materials.
3.16.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
SERIAL 12053-S
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
3.17 AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance and the
required course of action, which shall be at the option of the County either to adjust any future
claim submitted by the Contractor by the amount of the disallowance or to require repayment of
the disallowed amount by the Contractor forthwith issuing a check payable to Maricopa County.
3.18 VALIDITY:
The invalidity, in whole or in part, of any provision of the Contract shall not void or affect the
validity of any other provision of the Contract.
3.19 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
3.20 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, partnership, principal and agent, or joint venture
between the County and the Contractor.
3.21 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
3.21.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
3.21.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
3.21.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3.21.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
3.21.1.4 Have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
3.21.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
SERIAL 12053-S
3.21.3 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
3.22 ALTERNATIVE DISPUTE RESOLUTION:
3.22.1 After the exhaustion of the administrative remedies provided in the Maricopa County
Procurement Code, any contract dispute in this matter is subject to compulsory
arbitration. Provided the parties participate in the arbitration in good faith, such
arbitration is not binding and the parties are entitled to pursue the matter in state or
federal court sitting in Maricopa County for a de novo determination on the law and facts.
If the parties cannot agree on an arbitrator, each party will designate an arbitrator and
those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve
as a panel to consider the arbitration. The parties will be equally responsible for the
compensation for the arbitrator(s). The hearing, evidence, and procedure will be in
accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days
of the completion of the hearing the arbitrator(s) shall:
3.22.1.1 Render a decision;
3.22.1.2 Notify the parties that the exhibits are available for retrieval; and
3.22.1.3 Notify the parties of the decision in writing (a letter to the parties or their
counsel shall suffice).
3.22.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s)
a proposed form of award or other final disposition, including any form of award for
attorneys’ fees and costs. Within five (5) days of receipt of the foregoing, the opposing
party may file objections. Within ten (10) days of receipt of any objections, the
arbitrator(s) shall pass upon the objections and prepare a signed award or other final
disposition and mail copies to all parties or their counsel.
3.22.3 Any party which has appeared and participated in good faith in the arbitration
proceedings may appeal from the award or other final disposition by filing an action in
the state or federal court sitting in Maricopa County within twenty (20) days after date of
the award or other final disposition. Unless such action is dismissed for failure to
prosecute, such action will make the award or other final disposition of the arbitrator(s) a
nullity.
3.23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
3.23.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
3.23.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph
3.23.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the
County’s intent to inspect and shall make the documents available at the time and date
SERIAL 12053-S
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
3.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §§35-
391.06 AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN:
3.24.1 By entering into the Contract, the Contractor certifies it does not have scrutinized business
operations in Sudan or Iran. The contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the Procurement Officer upon
request. These warranties shall remain in effect through the term of the Contract.
3.24.2 The County may request verification of compliance for any contractor or subcontractor
performing work under the Contract. Should the County suspect or find that the Contractor
or any of its subcontractors are not in compliance, the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of
the Contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
3.25 CONTRACTOR LICENSE REQUIREMENT:
3.25.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both the Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
3.25.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
3.26 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
3.26.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
3.26.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
SERIAL 12053-S
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
3.27 POST AWARD MEETING:
The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of
the Contract.
SERIAL 12053-S
C & S SWEEPING SERVICES INC., P. O. BOX 24479, PHOENIX, AZ 85074
COMPANY NAME: C & S Sweeping Services, Inc
DOING BUSINESS AS (DBA) NAME:
MAILING ADDRESS: P.O. Box 24479 Phoenix AZ, 85074-4479
REMIT TO ADDRESS: 716 E. Tonto St. Phoenix, AZ 85034
TELEPHONE NUMBER: 602-252-9471
FACSIMILE NUMBER: 602-252-9216
WEB SITE: www.candssweeping.com
REPRESENTATIVE NAME: Samuel Danielson
REPRESENTATIVE TELEPHONE NUMBER:602-291-0400
REPRESENTATIVE E-MAIL: phoenixsweeper@aol.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
FUEL COMPRISES (if section for fuel price adjustment is
located in the solicitation document)
7% OF TOTAL BID AMOUNT
2% 10 DAYS NET 30 DAYS
BASE CONTRACT
Title
Unit
Qty UofM
Total
Description Price Price
Seven (7) sweeps annually $53.96 6982 each $376,748.72
Seven (7) sweeps annually as
indicated on Exhibit 2 routes,
including field supervisor and
vehicle
(Base Price on seven (7)
sweeps of 417 CLM each.)
Note: Unit of measure will be
per "CLM"
Emergency Call Out $59.99 50 hour $2,999.50 Emergency Call Out.
ADDITIONAL SWEEPING ITEMS
Title
Unit
Qty UofM
Total
Description Price Price
Sweeping other than regular
sweeping / Optional Sweeping
$97.29 1 hour $97.29 Sweeping other than regular
sweeping (M-TH, 6:00 AM -
4:00 PM) Please provide your
pricing for Optional Sweeping.
These optional services will
not be considered in the base
award as they are only
potential estimates of services,
strictly used on an as needed
basis.
SERIAL 12053-S
C & S SWEEPING SERVICES INC., P. O. BOX 24479, PHOENIX, AZ 85074
Sweeping (off-hours and weekends) /
Optional Sweeping
$104.29 1 hour $104.29 Sweeping other than regular
sweeping (M-TH &
Weekends, 4:00 PM - 6:00
AM.) Please provide your
pricing for Optional Sweeping.
These optional services will
not be considered in the base
award as they are only
potential estimates of services,
strictly used on an as needed
basis.
PRICING SHEET: NIGP CODE 96874
Vendor Number: 2011001754 0
Certificates of Insurance Required
Contract Period: To cover the period ending June 30, 2015.
1939502.1
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
C & S SWEEPING SERVICES, INC.
[Scope of Work]
See following pages.
Contract No. C2013-126
1931732.2
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FOUNTAIN VIEW VILLAGE
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into
as of May 16, 2013, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and SL Fountain View Village, LLC, a Delaware limited liability company, d/b/a
Fountain View Village (the “Contractor”).
RECITALS
A. The Town desires to retain the services of a food establishment to prepare meals
for home delivery by the Town (the “Services”).
B. Pursuant to the Fountain Hills Town Code, Section 3-3-9, the Town has
determined that the Contractor is the sole source available to provide the Services and the
Contractor possesses the necessary skill and experience to provide the Services to the Town.
C. The Town desires to enter into this Agreement with the Contractor for the
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the
Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until June 30, 2014 (the “Initial Term”),
unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement.
After the expiration of the Initial Term, this Agreement may be renewed for up to two successive
one-year terms (each, a “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) at least
30 days prior to the end of the then-current term of the Agreement, the Contractor requests, in
writing, to extend the Agreement for an additional one-year term and (iii) the Town approves the
additional one-year term in writing (including any price adjustments approved as part of this
Agreement), 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 the 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.
1931732.2
2
2. Scope of Work. Contractor shall provide the Services as set forth in the Scope of
Work, attached hereto as Exhibit A and incorporated herein by reference.
3. Compensation. The Town shall pay Contractor for the Services at the rates per
meal and subject to the annual rate increases as set forth in the Fee Schedule, attached hereto as
Exhibit B and incorporated herein by reference. For the Initial Term, the Town shall pay
Contractor an aggregate amount not to exceed $158,004.00 for the Services. Thereafter, for the
first Renewal Term, if any, the Town shall pay Contractor an annual aggregate amount not to
exceed $130,122.50 for the Services and for the second Renewal Term, if any, the Town shall
pay Contractor an annual aggregate amount not to exceed $133,955.00 for the Services. The
maximum aggregate amount for this Agreement shall not exceed $422,081.15.
4. Payments. The Town shall pay the Contractor monthly, based upon work
performed and completed to date, and upon submission and approval of invoices. All invoices
shall document and itemize all work completed to date. Each invoice statement shall include a
record of time expended and work performed in sufficient detail to justify payment. The contract
number must be referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the
Town.
6. Contractor Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devoted to the successful completion of the Services to be performed under this
Agreement.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance
by the Town at reasonable times during Contractor’s performance. The Contractor shall provide
and maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Contractor shall maintain in current status all federal, state
and local licenses and permits required for the operation of the business conducted by the
Contractor. The Town has no obligation to provide Contractor, its employees or subcontractors
any business registrations or licenses required to perform the specific services set forth in this
Agreement. The Town has no obligation to provide tools, equipment or material to Contractor.
9. Performance Warranty. Contractor warrants that the Services rendered will
conform to the requirements of this Agreement and to the professional standards in the prepared
food industry.
10. Indemnification. To the fullest extent permitted by law, 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
1931732.2
3
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. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies authorized to do
business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with
an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town.
Failure to maintain insurance as specified herein may result in termination of this
Agreement at the Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Contractor. The Town reserves the right to review any and all of the insurance policies
and/or endorsements cited in this Agreement but has no obligation to do so. Failure to
demand such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Contractor
from, nor be construed or deemed a waiver of, its obligation to maintain the required
insurance at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage and self-insured
retention or deductible portions, except Workers’ Compensation insurance and
Professional Liability insurance, if applicable, shall name, to the fullest extent permitted
by law for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, directors, officials and employees as Additional Insured as
specified under the respective coverage sections of this Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Contractor’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the
Town as an Additional Insured.
F. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Contractor. Contractor
1931732.2
4
shall arrange to have such subrogation waivers incorporated into each policy via formal
written endorsement thereto.
G. Policy Deductibles and/or Self-Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self-
insured retention amounts. Such deductibles or self-insured retention shall not be
applicable with respect to the policy limits provided to the Town. Contractor shall be
solely responsible for any such deductible or self-insured retention amount.
H. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Section and
insurance requirements set forth herein protecting the Town and Contractor. Contractor
shall be responsible for executing any agreements with its subcontractors and obtaining
certificates of insurance verifying the insurance requirements.
I. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor will provide the Town with suitable evidence of
insurance in the form of certificates of insurance and a copy of the declaration page(s) of
the insurance policies as required by this Agreement, issued by Contractor’s insurance
insurer(s) as evidence that policies are placed with acceptable insurers as specified herein
and provide the required coverages, conditions and limits of coverage specified in this
Agreement and that such coverage and provisions are in full force and effect.
Confidential information such as the policy premium may be redacted from the
declaration page(s) of each insurance policy, provided that such redactions do not alter
any of the information required by this Agreement. The Town shall reasonably rely upon
the certificates of insurance and declaration page(s) of the insurance policies as evidence
of coverage but such acceptance and reliance shall not waive or alter in any way the
insurance requirements or obligations of this Agreement. In the event any insurance
policy required by this Agreement is written on a “claims made” basis, coverage shall
extend for two years past completion of the Services and the Town’s acceptance of the
Contractor’s work or services and as evidenced by annual certificates of insurance. If
any of the policies required by this Agreement expire during the life of this Agreement, it
shall be Contractor’s responsibility to forward renewal certificates and declaration
page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and
declarations required by this Agreement shall be identified by referencing the contract
number and title or this Agreement. A $25.00 administrative fee shall be assessed for all
certificates or declarations received without the appropriate contract number and title or a
reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the
appropriate contract number and title or a reference to this Agreement, as applicable, will
be subject to rejection and may be returned or discarded. Certificates of insurance and
declaration page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
1931732.2
5
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Contractor’s insurance shall be primary insurance as
respects performance of the Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising
out of work or services performed by Contractor under this Agreement.
(4) If ACORD certificate of insurance form 25 (2001/08) is
used, the phrases in the cancellation provision “endeavor to” and “but failure to
mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives” shall be deleted. Certificate forms other
than ACORD form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Contractor shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of
not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed
Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy
shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal injury and advertising injury. Coverage under the policy
will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof,
including but not limited to, separation of insured’s clause. To the fullest extent allowed
by law, for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, officials and employees shall be cited as an Additional Insured
under ISO, Commercial General Liability Additional Insured Endorsement form CG 20
10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to
include as an insured the person or organization shown in the Schedule, but only with
respect to liability arising out of “your work” for that insured by or for you.” If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess
insurance shall be “follow form” equal or broader in coverage scope than underlying
insurance.
B. Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned,
hired and non-owned vehicles assigned to or used in the performance of the Contractor’s
work or services under this Agreement. Coverage will be at least as broad as ISO
1931732.2
6
coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the
fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees shall be cited as an Additional Insured under ISO Business Auto policy
Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance
is utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Contractor engages in any professional services or
work adjunct or residual to performing the work under this Agreement, the Contractor
shall maintain Professional Liability insurance covering negligent errors and omissions
arising out of the Services performed by the Contractor, or anyone employed by the
Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the
Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000
each claim and $2,000,000 annual aggregate. In the event the Professional Liability
insurance policy is written on a “claims made” basis, coverage shall extend for two years
past completion and acceptance of the Services, and the Contractor shall be required to
submit certificates of insurance and a copy of the declaration page(s) of the insurance
policies evidencing proper coverage is in effect as required above. Confidential
information such as the policy premium or proprietary information may be redacted from
the declaration page(s) of each insurance policy, provided that such redactions do not
alter any of the information required by this Agreement.
D. Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Contractor’s employees engaged in the performance of
work or services under this Agreement and shall also maintain Employers Liability
Insurance of not less than $500,000 for each accident, $500,000 disease for each
employee and $1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Contractor of written notice
by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed
services performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event
of such default, the non-defaulting party may terminate this Agreement immediately for cause
and will have all remedies that are available to it at law or in equity. If the nature of the
defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then
1931732.2
7
the defaulting party will have such additional periods of time as may be reasonably necessary
under the circumstances, provided the defaulting party immediately (A) provides written notice
to the non-defaulting party and (B) commences to cure its nonperformance and thereafter
diligently continues to completion the cure of its nonperformance. In no event shall any such
cure period exceed 90 days. In the event of such termination for cause, payment shall be made
by the Town to the Contractor for the undisputed portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Contractor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while the Agreement or any extension
of the Agreement is in effect, an employee of any other party to the Agreement in any capacity
or a contractor to any other party of the Agreement with respect to the subject matter of the
Agreement.
12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any
agent or representative of the Contractor to any officer, agent or employee of the Town for the
purpose of securing this Agreement. In the event this Agreement is canceled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and
remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the
sole judge and authority in determining the availability of funds under this Agreement and the
Town shall keep the Contractor fully informed as to the availability of funds for the Agreement.
The obligation of the Town to make any payment pursuant to this Agreement is a current
expense of the Town, payable exclusively from such annual appropriations, and is not a general
obligation or indebtedness of the Town. If the Town Council fails to appropriate money
sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding
fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town
and the Contractor shall be relieved of any subsequent obligation under this Agreement.
12.7 Termination by Contractor. This Agreement may be terminated by the
Contractor at any time upon six months prior written notice to the Town.
13. Miscellaneous.
1931732.2
8
13.1 Independent Contractor. The Contractor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled
to workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Contractor, its employees or subcontractors. The
Contractor, and not the Town, shall determine the time of its performance of the services
provided under this Agreement so long as Contractor meets the requirements of its agreed Scope
of Work as set forth in Section 2 above. Contractor is neither prohibited from entering into other
contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not
intend to nor will they combine business operations under this Agreement.
13.2 Applicable Law; Venue. Contractor shall abide by and conform to any and
all laws of the United States, the State of Arizona and the City of Avondale, including, but not
limited to, federal and state executive orders providing for equal employment and procurement
opportunities, OSHA and any other federal or state laws applicable to this Agreement. This
Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this
Agreement may be brought only in courts in the Maricopa County, Arizona.
13.3 Laws and Regulations. Contractor 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 the Contractor 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.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Contractor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of the Agreement which may remain in effect without
the invalid provision or application.
13.7 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes
or Social Security payments will not be withheld from any Town payments issued hereunder and
1931732.2
9
Contractor agrees to be fully and solely responsible for the payment of such taxes or any other
tax applicable to this Agreement.
13.8 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting
the Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.9 Assignment; Delegation. No right or interest in this Agreement shall be
assigned by Contractor without prior, written permission of the Town signed by the Town
Manager and no delegation of any duty of Contractor shall be made without prior, written
permission of the Town signed by the Town Manager. Any attempted assignment or delegation
by Contractor in violation of this provision shall be a breach of this Agreement by Contractor.
13.10 Subcontracts. No subcontract shall be entered into by the Contractor with
any other party to furnish any of the material or services specified herein without the prior
written approval of the Town. The Contractor is responsible for performance under this
Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely
manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor.
13.11 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town’s acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.12 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
13.13 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.14 Offset.
1931732.2
10
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Contractor any amounts Contractor
owes to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.15 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 (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) 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: Kenneth W. Buchanan, Town Manager
With copy to: GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire, Esq.
If to Contractor: SL Fountain View Village, LLC,
d/b/a Fountain View Village
16455 East Avenue of the Fountains
Fountain Hills, Arizona 85269
Attn: Kelly Kraft
With copy to: Senior Lifestyle Management, L.L.C.
111 East Wacker Drive, #2200
Chicago, Illinois 60601
Attn: Stephen J. Levy, Esq.
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 (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) 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.
1931732.2
11
13.16 Confidentiality of Records. The Contractor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Contractor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Contractor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Contractor as needed for the performance of duties under this Agreement.
13.17 Records and Audit Rights. To ensure that the Contractor and its
subcontractors are complying with the warranty under subsection 13.18 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 (A) evaluation and verification of any invoices, payments or claims based on
Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Contractor’s and its subcontractors’ compliance with the
Arizona employer sanctions laws referenced in subsection 13.18 below. To the extent necessary
for the Town to audit Records as set forth in this subsection, 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 subsection. 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 subsection by insertion of the requirements hereof in any
subcontract pursuant to this Agreement.
13.18 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 subcontractor’s 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.
13.19 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-
391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. For the purpose of this subsection the term “scrutinized business
operations” shall have the meaning set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as
applicable. If the Town determines that the Contractor submitted a false certification, the Town
1931732.2
12
may impose remedies as provided by law including terminating this Agreement pursuant to
subsection 12.2 above.
13.20 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the terms of this Agreement, the Scope of Work and the Fee Schedule, the
documents shall govern in the order listed herein.
13.21 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
[SIGNATURES ON FOLLOWING PAGES]
1931732.2
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
Kenneth W. Buchanan, Town Manager
ATTEST:
Bevelyn J. Bender, Town Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2013,
by Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an
Arizona municipal corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
(affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
1931732.2
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SL FOUNTAIN VIEW VILLAGE, LLC, d/b/a
FOUNTAIN VIEW VILLAGE
[Scope of Work]
See following page.
1931732.2
SCOPE OF SERVICES
1. Fountain View Village shall:
A. Prepare meals for home delivery (the “Home Delivered Meals”) by the Town in
accordance with this Agreement. Meals will be prepared seven days a week,
including holidays, in the quantities ordered in advance by the Town.
B. Furnish the Town with a menu for the month prior to each month. Changes and
revisions may be made to the menu when necessitated by Fountain View Village.
C. Prepare meals taking into consideration in all menu planning, food selection, meal
preparation, and service the special needs of the homebound clients being served.
Meals must comply with the attached Area on Aging Agency Addendum, MEAL
STANDARDS.
D. Provide for all necessary equipment, raw food and beverages, needed for food
preparation and containers for the meals to be served in.
E. Provide the Town’s volunteers access to the facility kitchen for meal pick up daily at
11:00 a.m.
2. The Town agrees to:
A. Supply Fountain View Village with the guidelines and specifications for Fountain
View Village to use in providing meals.
B. Provide containers (i.e. insulated bags, cooler) for the food to be transported from the
facility to their clients.
C. Schedule and provide for volunteers to pick up the prepared meals and transport them
to the Town’s residents. Meals will be picked up at the facility each day at 11:00
a.m.
D. Notify Fountain View Village by 5 p.m. on Saturday of the total number of meals
needed for the next week. If a change is necessary after the total number of meals has
been sent in, Fountain View Village will try to have a limited number of additional
meals available. However, Fountain View Village cannot guarantee the number of
extra meals available.
E. Notify the Dietary Supervisor at the earliest possible moment when emergency
conditions (i.e. weather conditions) make it impossible to serve the meals as ordered.
This includes changes in pick-up time or cancellation of the meal service for a given
day.
F. Contact the Dietary Supervisor regarding any concerns that occur regarding meal
service (i.e. quality, portion size) so that they can be addressed in a timely manner.
1931732.2
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SL FOUNTAIN VIEW VILLAGE, LLC, d/b/a
FOUNTAIN VIEW VILLAGE
[Fee Schedule]
See following page.
1931732.2
FEE SCHEDULE
Prior to July 1, 2013, the cost per meal will be $6.93
Beginning July 1, 2013, the cost per meal will be $6.93 0% increase
Beginning July 1, 2014, the cost per meal will be $7.13 3% increase
Beginning July 1, 2015, the cost per meal will be $7.34 3% increase
1950612.1
RESOLUTION NO. 2013-21
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY FOR ANIMAL SHELTER
SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement with Maricopa County for Animal
Shelter Services (the “Agreement”) is hereby approved in substantially the form attached hereto
as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, May 16, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1950612.1
EXHIBIT A
TO
RESOLUTION NO. 2013-21
[Agreement]
See following pages.
1946236.2
INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2014-2018
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN
Maricopa County
and the
Town of Fountain Hills
1946236.2 2
INTERGOVERNMENTAL AGREEMENT
USE OF COUNTY ANIMAL SHELTERS
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) for animal shelter
services is made and entered into July 1, 2013, by and between Maricopa COUNTY
(“COUNTY”), a political subdivision of the State of Arizona and the TOWN of Fountain
Hills (“TOWN”), a municipal corporation of the State of Arizona.
WHEREAS, the COUNTY maintains facilities, equipment and trained personnel for the
intake and humane sheltering of animals; and
WHEREAS, the TOWN desires to enter into an agreement with the COUNTY for animal
sheltering services; and
WHEREAS, the COUNTY and the TOWN are authorized pursuant to A.R.S. §11-952,
A.R.S. §11-201(A)(3) and A.R.S. §11-1001 et. seq. to enter into this Agreement.
NOW THEREFORE, the Parties mutually agree:
1. Responsibilities of the COUNTY
1.1 COUNTY shall impound and quarantine in accordance with A.R.S. §11-
1014, any animal suspected of having rabies and delivered by TOWN or any
resident of TOWN to a COUNTY animal shelter.
1.2 COUNTY shall keep and maintain, at a COUNTY animal shelter, stray
dogs and stray cats not suspected of having rabies, and delivered by TOWN or
any resident of TOWN for a minimum of 72 hours unless claimed by their
owners. COUNTY may place any dog or cat not redeemed by its owner for sale
or may dispose of the animal in a humane manner in accordance with the law.
COUNTY may euthanize impounded sick or injured animals whenever necessary
to prevent inhumane, unhealthy or dangerous conditions or circumstances.
1.3 COUNTY shall bill TOWN on a quarterly basis for services rendered.
2. Responsibilities of TOWN
2.1 The TOWN shall pay the COUNTY an impound fee of $45.00 for each
stray dog and cat impounded by the COUNTY pursuant to this Agreement.
1946236.2 3
2.2 The TOWN shall pay the COUNTY an impound fee of $96.00 for each
feral cat impounded by the COUNTY pursuant to this Agreement.
2.3 The TOWN shall pay the COUNTY a euthanasia fee of $23.00 for each
animal euthanized by the COUNTY pursuant to this Agreement.
2.4 The TOWN shall pay the COUNTY a boarding fee of $31.00 per day for
each animal impounded by the COUNTY pursuant to this Agreement, with the
exception of feral cats, in which case, the daily boarding fee is included in the
$96.00 impound fee.
2.5 The TOWN shall pay the COUNTY a $105.00 fee for each deceased
animal not involved in a bite situation that is submitted to the Arizona State
Laboratory and $125.00 for each animal not involved in a bite situation and is
euthanized by the COUNTY and submitted to the Arizona State Laboratory.
2.6 The TOWN shall compensate the COUNTY quarterly for services
performed under this Agreement in accordance with Appendix A of this
Agreement, as may be amended pursuant to this Agreement.
2.7 The TOWN has appropriated sufficient funds in its fiscal year 2014 budget
to pay for fees charged pursuant to this Agreement. Appropriations for
subsequent fiscal years shall be subject to approval by the TOWN.
3. Indemnification
To the extent permitted by law, COUNTY and TOWN shall indemnify, defend and
hold harmless each other, each other’s officers, employees, contractees and
agents from and against any and all suits, actions, legal or administrative
proceedings, claims, demands or damages of any kind or nature relating to this
Agreement which are the result of any intentional or negligent act or omission of
the indemnitor or indemnitor’s officers, employees, contractees, agents and
anyone acting under its direction or control.
4. Duration and Termination
The term of this Agreement shall be from July 1, 2013 through June 30, 2014
(the “Initial Term”). After the expiration of the Initial Term, this Agreement may
be renewed for up to four successive one-year terms (each, a “Renewal Term”)
by the mutual written agreement of the Parties, subject to the availability and
appropriations for funds for renewal. Either Party may terminate this Agreement
at any time and without cause by giving written notice 90 days prior to the actual
date of termination.
1946236.2 4
5. Default
If either Party fails to perform any obligation pursuant to this Agreement and such
Party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting Party, such Party will be in
default. In the event of such default, the non-defaulting Party may terminate this
Agreement immediately for cause and will have all remedies that are available to
it at law or in equity including, without limitation, the remedy of specific
performance. If the nature of the defaulting Party’s nonperformance is such that
it cannot reasonably be cured within 30 days, then the defaulting Party will have
such additional periods of time as may be reasonably necessary under the
circumstances, provided the defaulting Party immediately (A) provides written
notice to the non-defaulting Party and (B) commences to cure its
nonperformance and thereafter diligently continues to completion the cure of its
nonperformance. In no event shall any such cure period exceed 60 days.
6. Conflict of Interest
Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel this
Agreement without penalty or obligation, if any person significantly involved in the
initiating, negotiating, securing, drafting or creating of this Agreement on behalf of
the terminating Party is at any time while this Agreement or any extension thereof
is in effect an employee of the other Party to this Agreement in any capacity with
respect to the subject matter of this Agreement.
7. Applicable Law
This Agreement and all obligations upon the COUNTY or TOWN arising
therefrom shall be subject to any limitations of budget law or other applicable
local laws or regulations.
8. Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the
subject matter of this Agreement and any modification or amendment to the
terms and conditions of this Agreement shall be done in writing and signed by
both Parties.
9. Insurance
The Parties agree to secure and maintain sufficient insurance coverage for any
and all risks that may arise out of the terms, obligations, operations and actions
as set forth in this Agreement including, but not limited to, public entity insurance.
The acquisition of insurance or the maintenance and operation of a self-
insurance program may fulfill the insurance requirement.
1946236.2 5
10. Record Keeping and Audits
The Parties agree to maintain and furnish to each other such records and
documents pertaining to the services provided pursuant to this Agreement as may
be required by this Agreement and any applicable Federal and State laws, rules
and regulations. Each Party, prior to conducting an audit, must give sixty (60)
calendar days’ notice to the other Party. Notice shall be given as provided in
section 11(C).
11. General Provisions
A. The COUNTY and TOWN warrant they are in compliance with the
provisions of A.R.S. §41-4401 (e-verify).
B. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, all Parties hereby
warrant and represent that they do not have, and their subcontractors do
not have, and during the term hereof will not have a scrutinized business
operation in either Sudan or Iran.
C. Notices. Whenever written notice is required or permitted to be given by
any Party to the other, such notice shall have been deemed to have been
sufficiently given if personally delivered or deposited in the United States
Mail in a properly stamped envelope, certified or registered mail, return-
receipt-requested, addressed to:
Animal Shelter Services:
Rodrigo Silva, Assistant County Manager
Maricopa County Animal Care and Control
2500 S. 27th Avenue
Phoenix, Arizona 85009
Town of Fountain Hills:
Kenneth W. Buchanan, Town Manager
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Copy to:
Andrew J. McGuire, Town Attorney
Gust Rosenfeld, PLC
One E. Washington Street, Suite 1600
Phoenix, Arizona 85004
1946236.2 6
D. This Agreement shall not be assigned, in whole or in part, without the prior
written consent of the Parties, and any purported assignment in
contravention of this provision shall be null and void.
E. This Agreement shall be construed in accordance with the laws of the
State of Arizona.
F. Each Party shall comply with all applicable Federal and State laws,
ordinances, Executive Orders, rules, regulations, standards and codes
whether or not specifically referenced herein.
IN WITNESS WHEREOF, the Parties hereto enter into this Agreement as of the date
first set forth above.
“COUNTY” “TOWN”
Maricopa County, a political subdivision Town of Fountain Hills, an Arizona
of the State of Arizona Municipal corporation
By: By:
Chairman, Board of Supervisors Mayor
Date: Date:
ATTEST: ATTEST:
Clerk of the Board of Supervisors Town Clerk
Pursuant to A.R.S. § 11-952 D, the attorneys for the Parties have determined that the
foregoing Intergovernmental Agreement is in proper form and is within the powers and
authority granted to the Parties under the laws of the State of Arizona.
Attorney for the County Town Attorney
1946236.2 7
APPENDIX A
FOUNTAIN HILLS ESTIMATED COSTS*
SERVICE AMOUNT FEE TOTAL COST
Impounds 87 $45.00 each $3915.00
Kennel Days 473 $31.00 per day $14663.00
Feral Cat Impounds 6 $96.00 each $576.00
Total Euthanized 31 $23.00 each $713.00
Deceased Animals to
the State Lab
0 $105.00 each 0
Euthanized Animals to
the State Lab
0 $125.00 each 0
*Based on FY2006-2013 Results
COMPENSATION SCHEDULE
1. COUNTY Service: Shelter Services
2. Minimum Staffing: Adequate to maintain shelter services
3. Estimated Service Cost: $20,000 per fiscal year.
TOWN OF FOUNTAIN HILLS
TENTATIVE BUDGET
FY 2013-14
Ken Buchanan, Town Manager
Julie A. Ghetti, Deputy Town Manager/Finance Director
May 16, 2013
FY14 Budget By Core Services
From All Funds
•Public Safety $ 6,596,636
•Administration $ 2,543,798
•Downtown Excise Fund/ED $ 2,125,198
•Development Services $ 4,164,512
•Community Services $ 2,199,082
•Debt Service $ 2,555,985
•Special Revenue Funds $ 1,563,875
•Capital $19,248,082
•Internal $ 658,210
Total $41,655,378
Town Manager’s
FY2013/14
Budget Proposal
$41,655,378
Tentative Budget
It is a Town Manager recommendation to
approve the proposed 2013/14 Tentative
Budget in the amount of $41,655,378 .
1952247.1
RESOLUTION NO. 2013-19
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET
AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN
OF FOUNTAIN HILLS FOR FISCAL YEAR 2013-2014.
WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and
Council of the Town of Fountain Hills (the “Town Council”) is required to adopt a budget; and
WHEREAS, in accordance with ARIZ. REV. STAT. § 42-17102, the Town Manager has
prepared and filed with the Town Council the Town Manager’s Budget estimates for the fiscal year
beginning July 1, 2013 and ending June 30, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated
herein by reference are hereby adopted as the Town’s official tentative budget for the fiscal year
beginning July 1, 2013 and ending June 30, 2014, including the establishment of the maximum
budget amount for such fiscal year in the amount of $41,655,378.00.
SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall
publish in the official Town newspaper once a week for two consecutive weeks (i) the official
tentative budget and (ii) a notice of the public hearing of the Town Council to hear taxpayers and
make tax levies at designated times and places. The notice shall include the physical address of the
Fountain Hills Town Hall and the website where the tentative budget may be found.
SECTION 4. The Town Manager or designee shall make available at the Fountain Hills
Town Hall a complete copy of the tentative budget, and shall post the tentative budget on the
Town’s website.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
[SIGNATURES ON FOLLOWING PAGE]
1952247.1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 16, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1952247.1
EXHIBIT A
TO
RESOLUTION NO. 2013-19
[Tentative Budget]
See following pages.
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 5/16/2013
Meeting Type: Regular Session
Agenda Type: Regular
Submitting Department: Administration
Staff Contact Information: Joan McIntosh, Human Resources Administrator, jmcintosh@fh.az.gov, 480-816-5125
Strategic Values: Not Applicable (NA)
Council Goal:
Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2013-27, approving the Town of
Fountain Hills Personnel Policies and Procedures amended and restated July 1, 2013.
Applicant:
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): Since the current Town of Fountain Hills Personnel Policies and Procedures
Employee Manual was approved by the Council in 2004, an updated version is overdue. The draft manual
being presented for Council’s approval at this time has been reorganized, renumbered and revised. Therefore,
giving you a copy of the strikethrough version would be almost impossible to follow. Although the policies may
read somewhat different, you will find that the intent of the majority of the policies has not changed.
Risk Analysis (options or alternatives with implications): Current Personnel Policies and Procedures Manual
not up to date with current laws.
Fiscal Impact (initial and ongoing costs; budget status): Changing the 401A Retirement Plan vesting
schedule will have some budget impact, but the amount is unknown. It will depend on the number of
employees that separate from service, their wages, and at what intervals of service. Budget impact should be
minimal.
Budget Reference (page number):
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Approve
List Attachment(s): Town of Fountain Hills Personnel Policies and Procedures Draft; PowerPoint
Presentation.
PERSONNEL POLICIES
AND PROCEDURES
TOWN OF FOUNTAIN HILLS
PROCESS
ONGOING OVER PAST TEN MONTHS
PERSONNEL POLICIES AND PROCEDURES DRAFTED BY HUMAN RESOURCES
ADMINISRATOR
REVIEWED BY INTERNAL COMMITTEE (REPRESENTATIVES FROM COMMUNITY
SERVICES AND DEVELOPMENT SERVICES)
ALL STAFF ASKED FOR SUGGESTIONS
o CLARITY
o CHANGES THEY WOULD LIKE TO SEE WITHOUT INCREASING COSTS TO
TOWN
REVIEWED BY TOWN MANAGER AND DIRECTORS
REVIEWED BY LEGAL
REVIEWED BY COUNCIL
DELETIONS/REPLACEMENTS
DELETED POLICY 001 – FOREWORD
DELETED POLICY 203 – OPEN COMMUNICATION (Included in Policy 1401 –
Problem Solving)
COMBINED POLICIES 206 AND 321 - NON-FRATERNIZATION AND EMPLOYMENT
OF RELATIVES (Created Policy 208 – Nepotism and Personal Relationships)
DELETED POLICY 211 – SEARCH (Included in Policy 401 – Drug and Alcohol Abuse)
DELETED POLICY 212 – CONFIDENTIAL INFORMATION (Included in Policy 204 –
Code of Conduct)
DELETED POLICY 215 – BULLETIN BOARDS (Included in Policy 1009 – Town
Furniture and Walls)
DELETED POLICY 302 – PRE-EMPLOYMENT DRUG SCREENS (Included in Policy 401
– Drug and Alcohol Abuse)
DELETED POLICY 304 – EMPLOYMENT AGENCY/SEARCH FEES
DELETED POLICY 305 – TEMPORARY AGENCY BIDS
DELETIONS/REPLACEMENTS
DELETED POLICY 308 – NEW EMPLOYEE ORIENTATION (Each department has their
own process)
DELETED POLICY 310 – ATTENDANCE AND PUNCTUALITY (Included in Policy 211 –
Absentee Reporting)
DELETED POLICY 312 – FLEXTIME (Included in Policy 203 – Basic Work Week and
Hours of Work)
DELETED POLICY 319 – TRANSFERS/PROMOTIONS (Included in Policy 701 – Wage
and Salary Administration)
DELETED POLICY 331 – PERSONAL PROPERTY
DELETED POLICY 404 – DIRECT DEPOSIT
DELETED POLICY 405 – TIME REPORTING (Included in Policy 203 – Basic Work
Week and Hours of Work)
DELETED POLICY 406 – OVERTIME (Included in Policy 601 – FLSA Exempt/Non-
Exempt Classifications
DELETIONS/REPLACEMENTS
DELETED POLICY 408 – PAYROLL ADVANCES/LOANS
DELETED POLICY 505 – LIFT THREATENING AND/OR DEBILITATING ILLNESS
DELETED POLICY 516 – EMPLOYEE RECOGNITION PROGRAMS (Did not replace
based on availability of budget)
DELETED POLICY 604 – BLOOD & BODILY FLUIDS EXPOSURE (Covered in Loss
Control Program)
DELETED POLICY 605 – LICENSED EQUIPMENT OPERATORS (Included in Policy 503
– Background Checks AND Policy 401 – Drug and Alcohol Abuse)
DELETED POLICY 606 – SECURITY & LOSS PREVENTION (Covered in Loss Control
Program)
DELETED POLICY 701 – STATUTORY CONFLICTS (Included in Policy 101 – General
Provisions and Purpose)
DELETED POLICY 702 – POLICY CHANGES (Included in Policy 101 – General
Provisions and Purpose)
ADDITIONS
POLICY # 207 – POLITICAL ACTIVITY
POLICY # 914 – TRAINING FUNDING
POLICY # 1107 – IPAD/IPHONE USE
POLICY # 1108 – SOCIAL MEDIA POLICY
CHANGES TO INTENT
POLICY # 801 – INTRODUCTORY EMPLOYMENT PERIOD
o NEW HIRE IS NOT ALLOWED TO USE PERSONAL TIME UNTIL AFTER COMPLETION
OF THEIR INTRODUCTORY PERIOD
POLICIES 903 & 905 – VACATION AND SICK LEAVE
o ADDED PAID TIME OFF (PTO) TO VACATION AND SICK LEAVE POLICIES FOR ELIGIBLE
PART-TIME STAFF
o ELIGIBLE PART-TIME STAFF COULD USE PTO FOR BOTH VACATION AND SICK TIME
o DOES NOT INCREASE ACCRUAL RATE
POLICY # 904 – HOLIDAYS
o UTILIZES A BANK OF 80 HOURS INSTEAD OF DAYS (10)
o AMOUNT OF HOLIDAY PAY HAS NOT BEEN INCREASED
o DECREASES OVERTIME COMPENSATION FOR NON-EXEMPT EMPLOYEES REQUIRED
TO WORK ON A HOLIDAY TO 2X THEIR HOURLY RATE (DECREASED FROM 2.5 X
THEIR HOURLY RATE)
CHANGES TO INTENT
POLICY # 908 – 401A PLAN
o CHANGE TO VESTING SCHEDULE
CURRENT: Less than 3 yrs. of service 0%
3 yrs. of service 20%
4 yrs. of service 60%
5 yrs. of service 100%
Proposed: 1 yr. of service 20%
2 yrs. of service 40%
3 yrs. of service 60%
4 yrs. of service 80%
5 yrs. of service 100%
CHANGES TO INTENT
POLICY # 909 – DEFERRED COMPENSATION
o WOULD BE AVAILABLE TO ALL EMPLOYEES, REGARDLESS OF HOW MANY
HOURS WORKED
o NO ADDITIONAL COST TO THE TOWN
POLICY # 913 – TUITION REIMBURSEMENT
o REIMBURSEMENT AMOUNT INCREASED BY $500 TO MORE ACCURATEY
REFLECT TUITION COSTS
o SECTION ADDED REQUIRING EMPLOYEES TO REIMBURSE THE TOWN IF
SEPARATION FROM EMPLOYMENT OCCURS PRIOR TO 24 MONTHS OF
RECEIVING THE REIMBURSEMENT.
POLICY # 1402 – GRIEVANCES
o ELIMINATED SECTION ON “SELECTION OF GRIEVANCE COMMITTEE”
o REPLACED WITH SECTION ON “TOWN MANAGER – FINAL STEP”
1952087.2
RESOLUTION NO. 2013-27
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE TOWN OF FOUNTAIN
HILLS PERSONNEL POLICIES AND PROCEDURES, AMENDED AND
RESTATED JULY 1, 2013.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The Town of Fountain Hills Personnel Policies and Procedures, Amended
and Restated July 1, 2013, are hereby approved in substantially the form attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and 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, May 16, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1952087.2
EXHIBIT A
TO
RESOLUTION NO. 2013-27
[Personnel Policies and Procedures, Amended and Restated July 1, 2013]
See following pages.
1948630.4
1
TOWN OF FOUNTAIN HILLS
PERSONNEL POLICIES AND PROCEDURES
Amended and Restated July 1, 2013
TOWN OF FOUNTAIN HILLS
16705 E. AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS, AZ 85268
480-816-5100
1948630.4 2
TABLE OF CONTENTS
ABOUT THE ORGANIZATION
MISSION STATEMENT
I. GENERAL INFORMATION
(101) General provisions and Purpose
(102) Loyalty Oath
(103) Equal Employment
II. CONDITIONS OF EMPLOYMENT
(201) Proof of Right to Work in the United States
(202) Identification Badges & Building Access
(203) Basic Work Week and Hours of Work
(204) Code of Conduct
(205) Conflict of Interest
(206) Solicitation
(207) Political Activity
(208) Nepotism and Personal Relationships
(209) Secondary Employment
(210) Harassment
(211) Absentee Reporting, Personal Telephone Calls, and Record Changes
(212) Dress Code and Uniforms
(213) Violence in the Workplace
III. RECORDS
(301) Confidentiality and Employee Records
(302) Personnel Record Keeping
(303) Performance Evaluation
(304) Job Descriptions
IV. HEALTH & WELFARE
(401) Drug and Alcohol Abuse
(402) Smoke-Free Workplace
(403) Weapons
(404) On-the-Job Injury and Illness
(405) Temporary Modified Duty
(406) Disability Accommodation
1948630.4 3
V. RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
(501) Recruitment
(502) Employment Applications
(503) Background Checks
VI. CLASSIFICATION
(601) FLSA Exempt/Non-Exempt Classifications
(602) Employee Classifications
(603) Call-Back Pay
(604) Stand-By Duty
(605) Job Sharing
VII. WAGE AND SALARY ADMINISTRATION
(701) Wage and Salary Administration
(702) Pay Period
VIII. INTRODUCTORY PERIOD
(801) Introductory Employment Period
IX. FRINGE BENEFITS & LEAVES
(901) Health & Welfare Benefits
(902) Eligibility for Benefits
(903) Vacation Leave
(904) Holidays
(905) Sick Leave
(906) Military Leave
(907) Personal Leave (Optional)
(908) 401A Retirement Plan
(909) Deferred Compensation
(910) Employee Assistance Program
(911) Miscellaneous Leave with Pay
(912) Leaves of Absence without Pay
(913) Tuition Reimbursement Program
(914) Training Funding
(915) Family and Medical Leave Act
(916) COBRA (917) Service Awards
X. TRAVELING ON OFFICIAL BUSINESS
(1001) Travel Time
1948630.4 4
XI. OTHER WORKPLACE POLICIES
(1101) Membership in Professional and Civic Organizations
(1102) Use of Town Vehicles by Town Employees
(1103) Use of Town Premises, Property and Materials
(1104) Electronic Mail and Scheduling System
(1105) Internet Use
(1106) Use of Electronic Devices
(1107) iPad/iPhone Policy
(1108) Social Media Policy
(1109) Town Furniture and Walls
XII. SUPERVISION AND DISCIPLINE
(1201) Supervision and Discipline
XIII. Separation From Service
(1301) Separation from Employment
(1302) References
(1303) Reduction in Workforce
XIV. PROBLEM SOLVING AND GRIEVANCE PROCEDURES
(1401) Problem Solving
(1402) Grievance Procedures
(1403) Covered/Uncovered Positions
1948630.4 5
ABOUT THE ORGANIZATION
The Town of Fountain Hills municipal government provides a variety of services such as zoning
ordinances and Town code. Major departments include Administration, Community Services, the
Court, Development Services, law enforcement (contracted with the Maricopa County Sheriff’s
Office), and fire and emergency medical service (contracted with Rural Metro). The Town is
operated with a seven-member Town Council handling policy decisions for Fountain Hills. The
Town Manager is responsible for all personnel and administrative matters at Town Hall.
The Town of Fountain Hills has an unrelenting commitment to excellence and equitable treatment to
its employees and customers.
1948630.4 6
Town of Fountain Hills
MISSION STATEMENT
The Town of Fountain Hills’ purpose is to serve the best interests of the community by: providing for its
safety and well being; respecting its special, small-town character and quality of life; providing superior public
services; sustaining the public trust through open and responsive government; and maintaining the stewardship
and preservation of its financial and natural resources. To serve and respect, and provide trust and
stewardship.
1948630.4 7
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: GENERAL INFORMATION
POLICY: GENERAL PROVISIONS AND PURPOSE
POLICY NO: 101
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish Town of Fountain Hills personnel policies and procedures and describe overall
content and relationships to other regulations.
STATEMENT OF POLICY: The Town Council enacts these policies in order to further the following goals:
1. To provide a uniform system of personnel administration throughout the Town service.
2. To assist managers in the development of sound management practices and procedures, and to make
effective and consistent use of human resources throughout the Town.
3. To promote communication between department heads, supervisory staff, and employees.
4. To ensure, protect, and clarify the rights and responsibilities of Town employees.
SCOPE: These personnel policies shall apply to all Town employees unless otherwise noted. Elected
officials; officers subject to appointment and removal by the Council; consultants hired on a contract basis;
contract employees; volunteer workers who receive no regular compensation from the Town; and members of
boards, committees and commissions established by the Council may be subject to separate rules. In the event
of conflict between these policies and any Town ordinance, or state or federal law, the terms and conditions of
those ordinances or laws shall prevail. In all other cases these policies shall apply.
In the event of the amendment of any ordinance, rule, or law incorporated in these policies or upon which
these policies rely, these policies shall be deemed amended in conformance with those changes. The Town
Manager shall have the authority to make such amendments, as mandated by local, county, state or federal
ordinance, regulation or law, and shall also have the authority to make non-substantive amendments.
Amendments shall be reported to the Town Council.
The Town of Fountain Hills specifically reserves the right to repeal, modify or amend these policies at any
time, with or without notice. None of these provisions shall be deemed to create a vested or contractual
right in any employee, or limit the power of the Town Manager to repeal or modify these policies. These
policies are not to be interpreted as promises or specific treatment.
The Town may terminate an employee for any reason or no reason during the introductory period, as
long as the termination is not based on discrimination. In addition, the Town may terminate an
employee for cause after the introductory period. Likewise, the employee may terminate employment at
any time. No individual supervisor, manager or officer can make a contrary agreement.
1948630.4 8
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: GENERAL INFORMATION
POLICY: LOYALTY OATH
POLICY NO: 102
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of this procedure is to document and ensure compliance with the loyalty oath
requirements of State law.
STATEMENT OF POLICY: All Town employees are required to sign a loyalty oath and such document
must be submitted with new hire paperwork and filed in the employee's official personnel file. (See Exhibit
102-A - Loyalty Oath). Arizona Revised Statutes §38-231 requires in part that an officer or employee within
the meaning of the section who fails to take and subscribe the oath or affirmation provided within the time
limits prescribed shall not be entitled to any compensation unless and until such officer or employee does so
take and subscribe to the form of oath or affirmation set forth.
1948630.4 9
EXHIBIT 102-A
LOYALTY OATH
A. In order to ensure the statewide application of this section on a uniform basis, each board,
commission, agency and independent office of this state, and of any of its political subdivisions, and
of any county, city, town, municipal corporation, school district and public educational institution,
shall completely reproduce this section so that the form of written oath or affirmation required in this
section contains all of the provisions of this section for use by all officers and employees of all boards,
commissions, agencies and independent offices.
B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this
section within the time limits prescribed by this section is not entitled to any compensation until the
officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this
section.
C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and
knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the
officer's or employee's term of office or employment, does commit or aid in the commission of any act
to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state
or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as
defined in section 13-2301 of the government of this state or of any of its political subdivisions, is
guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed
discharged from the office or employment and is not entitled to any additional compensation or any
other emoluments or benefits which may have been incident or appurtenant to the office or
employment.
D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended,
relating to the employment of aliens, are exempted from any compliance with this section.
E. In addition to any other form of oath or affirmation specifically provided by law for an officer or
employee, before any officer or employee enters upon the duties of the office or employment, the
officer or employee shall take and subscribe the following oath or affirmation:
State of Arizona, County of __________________ I, _________________________ (type or print name)
do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and
laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all
enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of
______________________ (name of office) ________________________ according to the best of my ability,
so help me God (or so I do affirm).
______________________________________
(signature of officer or employee)
F. For the purposes of this section, "officer or employee" means any person elected, appointed or
employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or
any county, city, town, municipal corporation, school district, public educational institution or any
board, commission or agency of any county, city, town, municipal corporation, school district or
public educational institution.
1948630.4 10
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: GENERAL INFORMATION
POLICY: EQUAL EMPLOYMENT
POLICY NO: 103
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To define the Town of Fountain Hills’ position regarding nondiscrimination in all matters
pertaining to employment throughout the organization.
STATEMENT OF POLICY: The Town provides equal opportunity for all applicants and employees. The
Town does not discriminate on the basis of race, color, religion, gender, national origin, ancestry, marital
status, sexual orientation, age, physical or mental disability, medical condition, or veteran status. The Town
also makes reasonable accommodations for the disabled and for employee’s religious observances and
practices.
It is the responsibility of every employee to cooperate with the spirit and intent of this policy.
SCOPE: This policy applies to all applicants and employees throughout every aspect of the employment
relationship including, but not limited to: recruitment, selection, placement, training, compensation, benefits,
promotion, transfer, discipline, termination, and social and recreational programs.
1948630.4 11
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: PROOF OF RIGHT TO WORK IN THE UNITED STATES
POLICY NO: 201
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures to comply with federal law regulating eligibility to work in the United
States.
STATEMENT OF POLICY: The Town of Fountain Hills requires all new hires to provide documentation
of eligibility to work in the United States no later than three working days after the employee commences
work. Employment is contingent upon satisfactory completion of the verification requirement.
SCOPE: This policy applies to all Town employees.
PROCEDURE: When an offer of employment is made to an applicant, the applicant shall be informed that
proof of identity and eligibility to work in the United States will be required upon hire. A list of acceptable
documents will also be described and/or mailed to the candidate. All new employees hired by the Town will
be required to complete Section 1 of INS Form I-9 at the time of hire. In addition to completing the I-9 form,
all new employees must also be cleared by the Department of Homeland Security (DHS) as being eligible to
work in the United States through the E-Verify Program required by the Legal Arizona Workers Act (A.R.S.
§23-211 et. seq.). It is completed by a representative from Human Resources inputting into a secure DHS web
site the information provided by the new employee from the completed I-9 form and their social security
number. Typically, DHS will respond within seconds whether the person is cleared to work or if they have
issues that must be cleared up with either the Social Security Administration or DHS. These forms will be
maintained by the Human Resources Office.
The Department Director, or designee, will ensure that the Human Resources Office verifies the candidate’s
documents no later than three working days after the commencement of employment.
1948630.4 12
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: IDENTIFICATION BADGES AND BUILDING ACCESS
POLICY NO: 202
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To protect the safety and maintain the security of all employees.
STATEMENT OF POLICY: Every employee is required to wear a picture identification badge at all times
while on Town premises. Failure to do so will subject the employee to corrective action.
SCOPE: This policy applies to all Town employees.
PROCEDURE: Human Resources will arrange for all new employees to receive an ID badge during
orientation on their first day of employment. Loss or damage of the ID badge should be reported to
Information Technology immediately in order for the badge to be deactivated in the system. The badge is the
property of the Town of Fountain Hills and must be returned upon termination of employment.
Because employee ID badges are also the means by which employees enter and leave the premises, employees
must not loan their badges to anyone, including other employees, nor should employees allow anyone to enter
the premises that the employee does not know to be an employee of the Town of Fountain Hills without first
signing the Visitor Log and obtaining a Visitors Pass. Failure to observe these safety regulations could
endanger the safety and security of all other employees and could subject the employee to corrective action up
to and including termination.
1948630.4 13
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: BASIC WORK WEEK AND HOURS OF WORK
POLICY NO: 203
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To set forth a basic policy for the Town of Fountain Hills regarding attendance and hours of
work.
SCOPE: The standard work week for full-time employees is forty (40) hours. General office hours are from
7:00 a.m. to 6:00 p.m., Monday through Thursday. The standard work week shall be seven (7) consecutive
days commencing on Monday at 12:01 a.m. and ending the following Sunday at midnight. Any work shift in
progress at midnight Sunday shall be included as part of the work period in which that shift commenced.
With approval of the Department Director, modifications to this provision may be arranged in any manner
consistent with departmental operations and to provide essential Town services, subject to any applicable
federal or state statutory or constitutional limitations relating to hours of work. The Town Manager shall
approve any modifications prior to implementation. Workday and workweek lengths for exempt employees
are determined primarily by their current workloads and the organization’s needs.
Hours of attendance shall be maintained on official Town payroll documents as specified by the Human
Resources office. Any falsification of individual time records or payroll documents by any Town employee
will result in disciplinary action up to and including termination.
PROCEDURE: All non-exempt employees are required to fill out time sheets daily in a complete and
accurate manner. Exempt employees are required to fill out time sheets for the purpose of paying vacation
days, sick days, or personal days during the pay period. Non-exempt employee time sheets shall be reviewed
by each supervisor and approval designated by signature. Corrections or changes to the time sheet shall be
made by placing a line through the error, inserting the correct information and initialing the changes. The
supervisor must approve any corrections on the time sheet and initial same.
REST PERIODS: Town employees who work at least eight (8) hours in a day are allowed two (2) fifteen-
minute rest periods per day or shift, but will not exceed fifteen minutes in any consecutive four-hour period.
The supervisor schedules all rest periods so that work areas are covered. Rest periods are counted as time
worked and cannot be combined or “banked” to provide an extended lunch or rest period or shorten the
workday. Overtime pay is not granted for rest periods not taken or for work performed during a rest period.
MEAL PERIODS: All Town employees who work a minimum of eight (8) hours per day will receive a
minimum of a one-half (1/2) hour unpaid meal period. The supervisor schedules all meal periods so that work
areas are covered. Unpaid meal periods may be scheduled for employees working less than eight (8) hours
with approval of the supervisor and employee. An employee must be completely relieved from duty in order
for the time to be a “bona fide meal period”. Skipped meal periods cannot be used to make up time or to
shorten the workday without approval of the supervisor.
1948630.4 14
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: CODE OF CONDUCT
POLICY NO: 204
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a code of conduct for the basic guidance of Town employees concerning matters
affecting their work.
STATEMENT OF POLICY: A Town government that upholds high standards of integrity and impartiality
is a cornerstone of the democratic way of governing ourselves. Town employees must manage business and
personal affairs so as to avoid situations that might lead to conflict, or the appearance of conflict, between self-
interest and public duty.
PERFORMANCE OF DUTIES:
A. Employees should perform official duties diligently during working hours.
B. Employees should always perform their duties with courtesy and respect for the public and for co-workers
and without bias or prejudice, manifest by words or conduct, based upon race, color, religion, national
origin, gender, age, sexual orientation, disability, or political affiliation.
C. Employees should seek to maintain and improve their personal and professional growth and development
and that of their co-workers through cooperation and participation in educational programs relevant to
their duties and through any licensing or certification required for their position.
D. Employees should perform their duties impartially in a manner consistent with law and the public interest,
un-swayed by kinship, position, partisan interests, public clamor or fear of criticism or reprisal.
E. All duties shall be performed with honesty and truthfulness without falsification in any manner.
F. Employees should conform their conduct at all times to the policies and procedures established by the
Town.
ABUSE OF POSITION:
A. No employee should use or attempt to use his or her official position to secure unwarranted privileges or
exemptions.
B. No employee or a member of the employee’s immediate family should accept, solicit, or agree to accept
any gift, favor or anything of value with the understanding that the official actions, decisions or judgment
of any employee will be influenced.
1948630.4 15
C. No employee shall request or accept any fee or compensation, beyond that received by the employee in his
or her official capacity, for advice or assistance given in the course of his or her public employment.
D. Each employee should use the public resources, property and funds under the employee’s control and
responsibility for the public purpose intended by law and not for any private purpose.
CONFIDENTIALITY:
As public servants, Town employees should carry out their duties in a manner that will withstand public
scrutiny. Nevertheless, some employees handle confidential Town-related or employee-related documents
while others handle sensitive matters, such as health records and investigations. Consequently, employees
should maintain the confidentiality of matters they handle, assuring information about these activities is made
public only upon appropriate authorization. If there is a question regarding confidentiality of specific
incidents, Human Resources and/or the Town Manager shall be contacted for clarification.
NOTE:
Separate polices cover CONFICT OF INTEREST, SECONDARY EMPLOYMENT, AND POLITICAL
ACTIVITY.
1948630.4 16
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: CONFLICT OF INTEREST
POLICY NO: 205
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for Town employees to identify, disclose, avoid and manage conflicts of
interest as required by law.
SCOPE: A potential conflict of interest exists when an employee, an employee’s relative, or an individual in
a close personal relationship with the employee may be directly or indirectly financially impacted, whether in
a positive or negative manner, by an action of the Town. Individuals covered by this policy may include, but
are not limited to spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws.
PROCEDURE:
1. Any employee who becomes aware of a potential conflict of interest shall immediately advise his or her
supervisor. If the potential conflict of interest involves the reporting employee, the employee and
supervisor shall discuss the matter and agree upon the appropriate course of action according to this
policy.
2. Any question as to whether a potential conflict of interest exists shall be resolved by addressing a written
inquiry to the Town Manager’s office describing the Town action which may impact the employee’s
financial interest and the employee’s duties with the Town.
3. An employee determined to have a potential conflict of interest shall be disqualified from any
consideration of the matter. The employee shall refrain from communicating about the matter with anyone
involved in the action in order to avoid the appearance of impropriety.
4. All potential conflicts of interest shall be disclosed by written memorandum from the employee to the
employee’s supervisor explaining in detail the potential conflict of interest and confirming the employee
will avoid any involvement in the decision with which the employee has a conflict of interest. The
original memorandum shall be forwarded to the Town Manager’s Office for the conflict of interest file
with copies retained by supervisors at each level of the employee’s chain of supervision and a copy placed
in the employee’s official personnel file.
5. Any employee who knowingly fails to disclose and handle a conflict of interest as set forth in this policy
shall be subject to disciplinary action up to and including termination.
1948630.4 17
GUIDELINES:
Common sense and good judgment will dictate the proper course of action in most situations. However,
remember that if there is a question in your mind of even a slight conflict of interest, others will tend to
exaggerate it. The best policy is to resolve such questions by addressing them at the outset so they will not
become embarrassing problems later. Such matters can easily be addressed by discussing them with your
supervisor.
Handling these matters in this manner should avoid any occasion for disciplinary action. However, depending
upon the severity, any violation of this policy may result in disciplinary action up to and including termination.
A. Employees and their relatives should not enter into any contract with any component of the Town for
financial gain, apart from any employment contract, without full disclosure and satisfactory management
of any potential conflict of interest in accordance with this policy to avoid an actual conflict of interest.
B. Employees should not be involved in the decision to hire or in the supervision of any member of their
immediate family.
C. Employees should not participate in decisions regarding conduct of Town business with any private party
by whom the employee or a relative is employed or is actively seeking employment.
D. Employees must refuse any and all non-food gifts presented by any member of the public (i.e. citizens,
developers, applicants, etc.). Employees may accept gifts of food (i.e. cookies, candy, donuts, muffins,
etc.) as long as the item is placed in the break room or in any other area where it may be shared with all
Town employees. Employees may not solicit or accept a meal (lunch, dinner, etc.) from any member of
the public. If it is necessary for an employee to attend a business lunch or dinner, he/she will be
reimbursed for his/her out-of-pocket expenses in accordance with the Finance Department’s
reimbursement procedures. This provision does not prohibit:
1. Solicitation or acceptance by an employee of loans from banks or other financial institutions on
customary terms to finance proper and usual activities of the employee.
2. Acceptance of unsolicited advertising or promotional material such as pens, pencils, calendars, and
other items of nominal intrinsic value.
E. No Town employee in their official capacity as an employee of the Town shall publicly endorse the
product or service of a commercial vendor. Employees shall not knowingly permit any commercial
vendor the use of the employee’s name or photograph, as associated with the Town, in any manner, which
gives the appearance of an endorsement or the promotion of such vendor’s product or service.
F. Employees may refer to the ICMA Code of Ethics, which is available from Human Resources.
1948630.4 18
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: SOLICITATION
POLICY NO: 206
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning solicitation in the workplace.
STATEMENT OF POLICY: Solicitation by an employee of another employee is prohibited during the
working time of either person. Working time is defined as time when an employee’s duties require that he/she
be engaged in work tasks. Girl Scout cookie sales or containers asking for donations during the holiday
season, etc. are examples. Distribution of printed materials or literature of any nature shall be limited to non-
work areas at non-work times. No literature shall be posted anywhere on the premises without the
authorization of Human Resources. Solicitation and/or distribution of material on company property by
persons not employed by the Town of Fountain Hills are prohibited at all times.
SCOPE: This policy applies to all Town employees.
1948630.4 19
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: POLITICAL ACTIVITY
POLICY NO: 207
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To establish a policy governing the political activity of Town employees in conformity with
A.R.S. § 9-500.14 and Town Code § 3-2-4.
STATEMENT OF POLICY: All employees will remain free from any political activity in a Fountain Hills
municipal election:
1. No employee may solicit or attempt to solicit support for a candidate or political party involved in a
Fountain Hills municipal election from any employee or appointed official.
2. No employee may take any part in the campaign of a candidate participating in a Fountain Hills municipal
election.
3. An employee may exercise their rights as a citizen to vote and to express opinions as an individual citizen,
but not as a representative of the town.
No paid employee will seek election to public office with the town while still employed by the town.
No paid employee will use their position to sell, solicit or distribute any campaign material during working
hours or in a uniform used by or identified with the town government.
No paid employee will use their position to introduce, guide or recommend any candidate for public office on
town property.
SCOPE: This policy applies to all Town employees.
PROCEDURE: Violation of any provision of this Policy shall be deemed sufficient cause for disciplinary
action up to and including termination.
Nothing contained in this Policy shall be interpreted or construed in a way that denies any employee his or her
civil or political liberties as provided by law.
This section does not prohibit an employee from voting as provided by law.
1948630.4 20
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: NEPOTISM AND PERSONAL RELATIONSHIPS
POLICY NO: 208
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of these guidelines is to clarify the Town’s process for the hiring and retention of
relatives of current employees and personal relationships between employees. In all cases, professional
standards and expectations should be discussed during a credible selection process and if conflicts arise during
employment, they should be dealt with promptly.
STATEMENT OF POLICY: As explained in the Town’s policy on conflicts of interests, favoritism or
extended courtesies can create unwanted problems for an organization. For this reason, the Town desires to
avoid situations where there is a romantic, personal or marital relationship between a supervisor and a
subordinate, or between co-workers in the same department.
Employees in, or who develop, such relationships must immediately notify and disclose all relevant
circumstances to their immediate supervisor. Although the Town has no absolute prohibition regarding such
relationships, it reserves the right to take appropriate action, on a case by case basis, according to relevant
circumstances. Any failure to disclose the nature of the relationship as contemplated in this policy may result
in disciplinary action up to and including termination.
The Town will not employ individuals in close personal relationships which may include, but are not limited
to, spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws to work under the
direct supervision of another such family member.
No relative (spouse, child, grandchild, parent, grandparent, sibling, or in-law), of a Town Council member or
the Town Manager, shall be employed by the Town of Fountain Hills during that individual’s tenure.
1948630.4 21
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: SECONDARY EMPLOYMENT
POLICY NO: 209
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for Town employees concerning outside employment.
STATEMENT OF POLICY: The Town of Fountain Hills does not generally prohibit employees from
engaging in secondary employment. However, each full-time employee’s Town position should be considered
the employee’s primary employment. Therefore, the Town of Fountain Hills does prohibit secondary
employment when it interferes with the employee’s Town duties, involves a potential conflict of interest, or in
any way compromises the integrity or credibility of the Town of Fountain Hills government in the community.
SCOPE: Town of Fountain Hills’ employees should avoid:
A. Secondary employment with an entity that conducts business with the Town without full disclosure and
satisfactory management of any potential conflict of interest.
B. Secondary employment which cannot be accomplished outside of the employee’s normal working hours or
is otherwise incompatible with the performance of the employee’s duties by placing the employee in a
position of conflict between the employee’s role with the Town and the employee’s role in the outside
employment.
C. Performance of work for any governmental entity within the State of Arizona without the written consent
of both employers.
D. Secondary employment which exploits official position or confidential information, acquired in the
performance of official duties for personal gain.
E. Secondary employment which may be viewed by the public as work on behalf of the Town. Due to the
importance of the public's perception of the Town government, all employees who engage in secondary
employment must disclose such work on a "Secondary Employment Declaration" form (See Exhibit 209-
A). Secondary employment is subject to review for conformance to this policy. Employees engaged in
secondary employment determined not to be in conformance may be required to cease such employment.
If there is any question regarding secondary employment or volunteer positions, it is recommended these
be discussed in advance with supervision.
VOLUNTEER ACTIVITIES:
Employees are encouraged to engage in volunteer activities, especially activities to improve community life.
However, employees should evaluate their volunteer activities in the same manner as outside employment to
identify any potential conflict with the employee’s Town position and discuss these potential conflicts with
their supervisor on an individual basis. Employees should declare volunteer activities only if the employee
believes there is some reason for concern consistent with the spirit of the policy.
1948630.4 22
EXHIBIT 209-A
TOWN OF FOUNTAIN HILLS
SECONDARY EMPLOYMENT DECLARATION
Employee Name: ____________________________________________________________________
Position:______________________________________ Department:___________________________
In accordance with Town policy, I hereby declare the following secondary employment:
Other Employer Name: _______________________________________________________________
Other Employer Address: _____________________________________________________________
Position/Title (if any): _____________________________ Hours of Work: ______________________
Description of work performed: _________________________________________________________
___________________________________________________________________________________
Employee Signature: _____________________________________ Date:________________________
Approved: € Yes € No
____________________________________________________________________________________
Immediate Supervisor Signature Date
Comments: __________________________________________________________________________
____________________________________________________________________________________
Approved: € Yes € No
____________________________________________________________________________________
Department Head Signature Date
Comments: __________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Approved: € Yes € No
____________________________________________________________________________________
Town Manager Signature Date
Comments: __________________________________________________________________________
1948630.4
23
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: HARASSMENT
POLICY NO: 210
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy prohibiting harassment in the workplace and provide a method by which
claims of harassment may be investigated and resolved.
STATEMENT OF POLICY: The Town of Fountain Hills desires to provide an environment free from
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or
communication constituting harassment. The Town prohibits harassment by and of Town personnel, including
Department Heads, supervisors and employees.
SCOPE: Harassment is misconduct that interferes with work productivity and deprives employees of the
opportunity to work in an environment free from unequal treatment or unsolicited and unwelcome sexual
overtones. Sexual harassment includes all unwelcome sexual advances and sexually oriented communication
or visual displays, requests for sexual favors and other such verbal, visual or physical misconduct. Harassment,
including sexual harassment, is a prohibited practice and is a violation of the law. According to guidelines
issued by the United States Equal Employment Opportunity Commission:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical misconduct of a sexual
nature constitute sexual harassment when:
1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s
employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions
affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance
or creating an intimidating, hostile or offensive working environment.
PROCEDURE: Every employee of the Town has an affirmative duty to maintain a work place free of
harassment and intimidation. An employee should take complaints or reports of harassment directly to their
supervisor, or, if their supervisor is the subject of the complaint, to their supervisor's supervisor (See Exhibit
210-A). Department Heads or supervisors who receive complaints or reports of harassment must immediately
inform the Human Resources Administrator of such complaints. The Human Resources Administrator will
expedite an investigation into the allegations. Confidentiality of all parties involved in a harassment charge
shall be respected except to the extent that it interferes with the Town’s legal obligation to investigate
allegations of misconduct and to take appropriate action. When an investigation has been conducted, all
associated persons will normally be advised of the outcome of the investigation. The Town Manager shall take
such disciplinary action as is warranted, up to and including termination of the offending party. The Town
shall not condone reprisal in any form against the aggrieved person or corroborating witnesses. All department
heads, supervisors and employees must attend harassment prevention training when provided by the Town.
1948630.4 24
EXHIBIT 210-A
EMPLOYMENT DISCRIMINATION
AND/OR HARASSMENT
COMPLAINT FORM
Name (please print)
Home Street Address
City, State, Zip
Home Phone No. Work Phone No.
If you are a current Town employee:
Supervisor’s Name:
Department:
Do you believe you have been discriminated or harassed on the basis of:
Race National Original Age Religion
Other
Sex Disability Color Retaliation
Briefly describe the nature of your complaint: Please explain the problem as you see it and any ideas you
have to solve the problem. Where possible, specify the date(s) of the incident(s) and name(s) involved. If
additional space is needed, please attach additional pages.
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_______________________________________________________________________________
The Town of Fountain Hills will not tolerate employment discrimination or harassment upon an employee’s or
applicant’s race, color, national origin, sex, religion, disability or age. An employee or applicant asserting a
good faith employment discrimination or harassment complaint and/or participating in an investigation of such
a complaint will be protected from retaliation or discipline. Any employee found guilty of retaliation will be
disciplined, up to and including termination.
Signature: ______________________________ Date: ______________________________
1948630.4 25
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: ABSENTEE REPORTING, PERSONAL PHONE CALLS, RECORD
CHANGES
POLICY NO: 211
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures for absentee reporting, personal telephone calls, and record changes.
PROCEDURE:
ABSENTEE REPORTING:
Whenever an employee is unable to report for work for any reason, he or she must call at least thirty (30)
minutes prior to the start of his or her scheduled working hours. If the employee is not able to call personally,
another person may call the immediate supervisor, or a person who is able to relay a message to the immediate
supervisor, prior to the start of his or her scheduled working hours. An explanation should be provided
concerning the reason for the absence with an estimate of when the employee will be able to report for work.
Failure to provide this notification within the time specified, except for extreme circumstances, may result in
the employee being placed on leave without pay status for the duration of the absence. When an employee
becomes sick during the workday, he/she should notify their supervisor if it will involve time away from work.
PERSONAL TELEPHONE CALLS
Personal telephone calls during duty hours must be kept to a minimum and should be made and received as
much as possible only during breaks or meal periods.
RECORDS CHANGES
Changes of name, address (both mailing and residence), telephone number, or marital status must be reported
immediately to the Human Resources Office in order to update employee records. A record change form is
provided for this purpose and must be signed by the employee (See Exhibit 211-A). Supervisory managers
must also be notified of such changes. This information is required to be able to reach employees in an
emergency, for insurance purposes, and to properly prepare payroll-related documents.
1948630.4 26
EXHIBIT 211-A
Town of Fountain Hills
PERSONAL INFORMATION CHANGE FORM
Please PRINT CLEARLY and sign and date at the bottom of the form.
Return to Human Resources, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
Type of Change (check all that apply)
_____ Name
Required to be brought to Human Resources
1. New tax forms (W-4 and A-4)
2. Copy of new Social Security Card reflecting the name change or a copy of the receipt
from Social Security confirming an application for a new card.
3. I-9 (with two of the sections completed; Section 1 with the OLD name; Section III with
the new name). Section II must be completed by a Human Resources representative in
your presence.
_____ Emergency Contact
_____ Telephone
_____ Address
_____ Marital Status
_____Change of Gender (check one) _____Male to Female _____Female to Male
Employee Name (Example: Smith, Jane A.) _________________________________________
New Name (Example: Jones, Jane S.) ______________________________________________
Social Security Number/Employee ID _____________________________________________
Employee Home Phone (with area code) ____________________________________________
Local Street Address ____________________________________________________________
City, State, Zip Code ____________________________________________________________
• Does this address update also apply to W-2 mailings? (check one) _____Yes _____ No
Emergency Contact (Example: Jones, John B.) _______________________________________
Emergency Contact Phone Number (with area code) ___________________________________
Marital Status _____ Married _____ Divorced _____ Separated _____ Single _____Widowed
Employee Signature __________________________________ Date _____________________
1948630.4 27
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: DRESS CODE AND UNIFORMS
POLICY NO: 212
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide guidelines for the appearance of Town employees when performing duties and
conducting business for the Town.
STATEMENT OF POLICY: All Town employees are expected to present a positive, professional, and
appropriate image consistent with the duties and assignments of each employee. This policy represents the
minimum standards which will be applied to all departments. Most departments have at least some uniqueness
in terms of operating needs, such as customer expectations and safety. Therefore, departments may have more
restrictive standards if such standards are approved in writing by the Town Manager. Department Heads and
supervisors are responsible for determining and enforcing the dress code for their respective areas of
responsibility.
SCOPE: The Town recognizes the changing nature of fashion; however, the professional image of the Town
is maintained, in part, by certain expected norms of professional appearance, of personal neatness, cleanliness,
and good grooming which are applicable to all employees. Extravagance and extremes of style and attire are
not in good taste in a public service environment. The Town reserves the right to advise any employee at any
time that his or her grooming, attire, or appearance is unacceptable.
All clothing which is worn on duty shall be neat, clean, properly pressed and well maintained. Casual apparel
and footwear are not appropriate unless directly related to the job assignment, or a special event, or medical
condition approved by the Town Manager. All employees shall maintain personal grooming habits which do
not detract from their ability to perform their job or adversely affect the working conditions of fellow
employees.
POLICY: The Town’s primary objective is to have employees project a professional image and also be able
to take advantage of a ‘business casual’ dress policy as an alternative to the professional attire of dresses, suits,
ties, and dress shoes. Employees are expected to maintain an appearance that is appropriate to the work
situation. All employees are responsible for complying with this policy. If a supervisor feels that an
employee’s apparel or grooming is not appropriate, the matter will be discussed with the employee. If a pattern
of non-compliance develops, progressive discipline will be administered as appropriate, up to and including
termination.
The following information is intended to serve as a general overview of acceptable business casual wear as
well as a listing of some of the more common items that are not appropriate for the office. Neither group is
intended to be all inclusive. Rather, these items should help set the general parameters for proper casual
business wear and allow you to make intelligent judgments about items that are not specifically addressed. A
good rule of thumb is that if you are not sure if something is acceptable, choose something else or inquire first.
1948630.4 28
Professional Attire
Positions that involve frequent, direct public service contact, i.e. those where meeting the public is an inherent
function of the position, and where such contact would normally occur daily, are subject to the following
appearance standards:
• In general, male employees shall wear neat and clean dress slacks and dress shirts or conservative
shirts. Neckties, suits and sport coats should be worn whenever the employee has contact with
individuals similarly dressed. Footwear shall be maintained in a clean and polished manner and socks
should be worn. (Sneakers and gym, jogging, and tennis shoes are inappropriate unless directly related
to the job assignment, or a special event or medical condition approved by the Town Manager).
• In general, female employees shall wear neat and clean dresses or skirts of an appropriate business
length, generally two (2) inches above the knee or lower, or may wear dress slacks, blouses and
footwear compatible with clothing worn by counterparts in the business office environment. (Gym,
jogging, sneakers, beach sandals, and tennis shoes are inappropriate unless directly related to the job
assignment, or a special event or medical condition approved by the Town Manager).
• Field positions in Development Services and Community Services will be covered by departmental
dress policies which may include a requirement to wear a Town provided uniform. Uniformed
employees must wear neat and clean uniforms at all times.
Business Casual
The principal differences between professional dress and business casual are decreased formality, such as the
absence of a tie, the substitution of a polo shirt for dress shirt, the substitution of a sweater for sports coat for
men, and more informal skirts, dresses, pants and shoes for women. Business casual dress in some areas may
necessarily be “dressier” than in others due to the nature and frequency of contacts with the general public or
government officials. The objective of business casual dress is to be comfortable, while still maintaining a
professional business environment. Casual business wear encompasses many looks, but it really means casual
clothing that is appropriate for an office environment. It is clothing that allows you to feel comfortable at
work, yet always looks neat and professional. Clothing such as casual slacks, polo shirts, sweaters, and casual
shoes would be appropriate.
• In general, acceptable male attire consists of khaki or casual style slacks, collared shirts, whether polo
style or button-down shirt. Socks and a belt must be worn.
• In general, acceptable female attire consists of khaki or casual style slacks, casual blouse, sleeveless
blouse, or polo style shirt.
Casual/Dress Down Thursday
Dress-down days have become very popular as a strategy for improving morale among employees. Thursdays
of each week will be considered a dress down day. Attire for dress down days will be “relaxed casual” and
may include jeans, athletic or tennis shoes and sandals.
There are times when traditional business attire is to be worn on casual days. Take your day’s schedule into
account when you are dressing. If you have a meeting scheduled with visitors, or if you are advised that others
in the department will have visitors with whom you will come in contact, you will want to dress in
professional/business casual attire. And, of course, professional attire is always acceptable if that is your
preference.
1948630.4 29
Exceptions:
• Anytime scheduled meetings or other work commitments involve the general public, outside business
representatives, or government employees outside the Town, good judgment in choice of attire is
expected. This will normally mean wearing professional dress attire for that day.
• Individuals employed in areas where safety equipment or other uniform or dress considerations are in
place due to occupational health and safety or other business related reasons, must adhere to those
safety standards deemed appropriate by the department head. This may preclude the wearing of tennis
shoes, for example.
• Under no circumstances may employees wear halter tops; strapless tops; spaghetti straps; tank tops,
midriff/cropped tops; any garment with words or pictures that may be offensive, demeaning or
discriminating to others; see through (sheer) or mesh clothing that shows undergarments; torn
clothing, or clothing with holes in it; clothing designed specifically for sporting activities (i.e. as
sweats, shorts, leggings, spandex, skorts, bib overalls, thongs, flip flops); sleepwear; faded clothing;
clothing more appropriate for evening or leisure wear (i.e. miniskirts, low-cut tops, or any revealing or
provocative clothing). All clothing must be clean, neat, and fit properly (This eliminates “rapper style”
baggy pants and extremely tight clothing).
Work-Study Students
Students (Interns) frequently work in support of regular department employees in return for educational credit
and/or financial aid subsidies. Dress for these employees is casual but not controversial. Some consideration
must be given to the fact that students have limited means and are usually working between classes. If safety
clothing or equipment is deemed necessary by the department, such clothing will be furnished by the
department. T-shirts bearing language or art which is likely to offend others, torn clothing, unkempt
appearance, or revealing clothing which exposes parts of the body typically covered in that work setting
should be avoided.
Jewelry, Tattoos, Facial Hair, and Hairstyles
Earrings are acceptable; however, no more than two earrings may be worn on each ear while working. Rings
through the nose, eyebrow, tongue, or body parts (other than the ear lobe) visible to the public may not be
worn while working. All tattoos must be small in size or covered at all times and may not be offensive in
nature. Facial hair is permitted as long as it is neat and well trimmed. Hair should be clean, combed, and neatly
trimmed or arranged. (Departmental policies for uniformed field positions may require tattoos to be covered at
all times, may prohibit jewelry, and may prohibit facial hair).
Job-related safety when operating potentially dangerous machinery with moving parts, or jobs with public
health considerations such as serving or cooking food or resuscitation may nevertheless require appropriate
adjustments.
This is not an all inclusive dress code policy. Any attire which causes a distraction from the normal business of
Town employees or is a safety hazard will be addressed. The very nature of our business requires daily contact
with many people from all walks of life. Therefore, projecting a professional image and appearance is very
important.
Employees will be requested to return home to change and return to work if not complying with the Town’s
appearance/grooming and footwear policies. Employees will be sent home on vacation leave (if available and
with supervisory approval) or will not be compensated for this time out of the office. A documented verbal
counseling should be given to the employee and the Town’s dress and appearance standards should be
reviewed. A second or subsequent deviation from acceptable grooming and attire standards will again result in
1948630.4 30
the employee being sent home on vacation or unpaid leave. Such subsequent incidents will be cause for
disciplinary action up to and including termination.
Employees with religious needs related to this policy may be accommodated and should discuss those needs
with their supervisor.
1948630.4 31
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: VIOLENCE IN THE WORKPLACE
POLICY NO: 213
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The safety and security of all employees is of primary importance at the Town of Fountain Hills.
STATEMENT OF POLICY: Threats, threatening and abusive behavior, or acts of violence against
employees, visitors, customers, or other individuals by anyone on Town property will not be tolerated.
Violations of this policy will lead to corrective action up to, and including, termination and/or referral to
appropriate law enforcement agencies for arrest and prosecution. The Town of Fountain Hills reserves the
right to take any necessary legal action to protect its employees.
SCOPE: This policy applies to all Town employees
POLICY: Any person who makes threats, exhibits threatening behavior, or engages in violent acts on Town
premises shall be removed from the premises as quickly as safety permits and shall remain off Town premises
pending the outcome of an investigation initiated by the Town Manager or designee. Following investigation,
the Town of Fountain Hills will initiate an immediate and appropriate response. This response may include,
but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties,
suspension or termination of employment, and/or criminal prosecution of the person or persons involved.
All employees are responsible for notifying management of any threat that they witness or receive or that they
are told another person witnessed or received. Even without a specific threat, all employees should report any
behavior they have witnessed that they regard potentially threatening or violent or which could endanger the
health or safety of an employee when the behavior has been carried out on a Town-controlled site or is
connected to Town employment or Town business. Employees are responsible for making this report
regardless of the relationship between the individual who initiated the threatening behavior and the person or
persons being threatened. The organization understands the sensitivity of the information requested and has
developed confidentiality procedures that recognize and respect the privacy of the reporting employee.
1948630.4 32
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: CONFIDENTIALITY AND EMPLOYEE RECORDS
POLICY NO: 301
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for release of information and access to employee records.
SCOPE: Town employees have a right to expect that their personal information will be held in strictest
confidence and that only authorized persons will have access to the information. Regardless of the position for
which an employee was hired, he or she is entrusted with the responsibility to maintain clients and fellow
worker’s rights to confidentiality. The release of any information to unauthorized individuals is a breach of
this policy and will be cause for disciplinary action up to and including termination.
As a public entity, the Town is the custodian of various public records to which citizens should have ready
access. Directors of departments that maintain such public records are responsible for training their employees
in providing the required public access. Access to the personnel files of Town employees are controlled as
follows:
1. The employee may examine his or her personnel file in the Human Resources Office at reasonable
times upon reasonable notice.
2. The immediate supervisor or Department Head may examine, in the Human Resources Office upon
reasonable notice, the personnel file of any employee under their supervision or being considered for a
position under their supervision.
3. The Town Manager may examine any employee’s personnel file at any time.
4. Any individual who has written authorization from the employee to review the personnel file may do
so (e.g. officials of an agency to which the employee has applied).
5. An employee’s personnel file may be examined upon request by an investigator of a state or federal
law enforcement agency with a valid legal reason for such examination.
6. An employee’s personnel file may be duly subpoenaed in a legal action.
7. The home addresses and telephone numbers of Town employees are not public information and will
not be released without the written consent of the employee.
8. Pursuant to A.R.S. §39-121 et. seq., any person may request to examine or be furnished copies of any
public record. The Town of Fountain Hills’ policy prohibits the disclosure of personal information
about an employee without the employee's written consent. The Human Resources Administrator will
release an employee's personnel file for viewing after an audit has been performed on the file to ensure
that any such information (birth date, SSN, home address, home phone number, spouse/dependent and
medical information, etc.) is edited from the file prior to viewing it.
1948630.4 33
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: PERSONNEL RECORD KEEPING
POLICY NO: 302
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures for the creation and maintenance of personnel records for the Town.
STATEMENT OF POLICY: An official personnel file is established and maintained for each employee
upon hire. These files are housed in the Human Resources office and are the property of the Town.
Official personnel records include, but are not limited to: Application forms; performance appraisals; written
corrective action forms or memoranda; employee status forms; training records; documents relating to
certification/licensure; formal commendations; benefit forms; tax forms; and payroll records.
Background/reference checks; interview notes; and medical records are maintained separately. EEOC self-
identification forms and I-9 forms should also be maintained in a separate file.
Employees may inspect their official personnel file at reasonable times upon reasonable notice in accordance
with Policy 301.
SCOPE: This policy applies to all employees and all personnel records.
1948630.4 34
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: PERFORMANCE EVALUATION
POLICY NO: 303
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a system of periodic evaluation of the work performance of Town employees.
STATEMENT OF POLICY: The performance evaluation is an essential and effective communication tool
in the management of the Town’s workforce. Performance management, of which the evaluation process is an
integral part, is at the core of productivity and the quality of service provided for the citizens of the Town of
Fountain Hills. The performance evaluation provides direction for individual and group staff development.
SCOPE: An employee may be reviewed at any time, but a formal performance evaluation is done at least
once annually. Introductory employees are reviewed prior to the end of their designated introductory period
with a recommendation for regular status, introductory rejection, or extension of the introductory period.
Every full-time Town employee will receive a formal written evaluation of work performance for the twelve
(12) month period preceding the designated evaluation date of his/her current employment with the Town.
Part-time employees will not receive a formal written evaluation of work performance until they have
completed a minimum of 1040 hours. Performance evaluations will be made on the forms provided by the
Human Resources office and will be completed and delivered to the Human Resources office no later than ten
(10) working days after the evaluation due date. New employees will receive a performance evaluation prior
to the completion of their designated introductory employment period. These reviews will take place
regardless of whether the employee is eligible for a pay increase. A performance evaluation is not necessarily
linked with a salary increase. Employee self-evaluations may be completed, but are not required and are
strictly voluntary.
Performance evaluations are completed by the employee’s supervisor. All performance reviews will be
reviewed and signed by the Supervisor, Department Head, and the Human Resources Administrator prior to
the performance review conference taking place with the employee. The Employee Status Change form with
the recommended salary increase, if any, must also be reviewed and signed by the Supervisor, Department
Head, Human Resources Administrator, and Town Manager prior to the performance review conference taking
place with the employee. These signatures signify agreement with the contents of the performance evaluation,
as well as format and thoroughness. After discussion, the employee signs the evaluation to confirm that an
opportunity for review was provided. Refusal of the employee to sign does not invalidate the evaluation. The
employee is given a copy of the evaluation and all original performance review forms are maintained in the
employee’s personnel file location in the Human Resources office.
Supervisors are strongly encouraged to keep employees aware of their level of performance through the
normal managerial coaching process so that the performance evaluation itself is merely a formalization of
what both the employee and the supervisor already know about the employee’s performance and about his/her
development needs and desires.
When an employee is away from work due to a leave of absence greater than thirty consecutive working days,
the employee’s review date will be extended accordingly.
1948630.4 35
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: JOB DESCRIPTIONS
POLICY NO: 304
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a job evaluation program that provides a systematic and equitable method
of evaluating all jobs within the Town of Fountain Hills.
STATEMENT OF POLICY: A job description is a formal document describing the nature, scope,
physical requirements, and responsibilities of a specific job within the organization. Job descriptions
are used for purposes of training and development, annual performance appraisals, promotions,
recruiting, and hiring. Job descriptions are prepared by the incumbent employee, supervisor, and the
department director, with final review by the Town Manager and Human Resources, and approval by
the Town Council.
SCOPE: Human Resources or the Town Manager’s designee is responsible for:
1. Administering the overall job description program;
2. Providing the necessary training, instructional materials, and assistance to employees,
supervisors, and department directors;
3. Monitoring job descriptions for proper format;
4. Maintaining a central file of all current job descriptions;
5. Ensuring that all positions have a job description. Supervisors and department directors
are responsible for reviewing and approving job descriptions for their areas;
6. Reviewing job descriptions on an ongoing basis to ensure their accuracy.
All jobs within the organization must be evaluated and assigned a job grade and classification in
accordance with Policy 601 and 701. All new positions must be evaluated and approved before the
job can be posted. When the duties of a job change significantly, it may be necessary to reevaluate
the job’s classification.
1948630.4 36
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH AND WELFARE
POLICY: DRUG AND ALCOHOL ABUSE
POLICY NO: 401
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a drug-free workplace.
SCOPE: This policy applies to all Town employees, all applicants who have received conditional offers of
employment with the Town, and all employees of Town contractors who are performing services on Town
property, or who are operating Town equipment, machinery, or vehicles.
Depending upon specific job duties, certain employees may be subject to additional requirements under state
or federal regulations, including additional restrictions on drug or alcohol use, and additional provisions for
drug and/or alcohol testing.
RESPONSIBILITIES: Human Resources will be responsible for the development, coordination, and
documentation of the Drug and Alcohol Abuse Policy for the Town of Fountain Hills. All Town personnel
with supervisory responsibility will have knowledge of and be responsible for the communication,
enforcement, and adherence to this policy.
POLICY: The Town is committed to protecting the safety, health and well-being of all employees and other
individuals in the workplace. The Town recognizes that alcohol abuse and drug use pose a significant threat to
its goals. Therefore, the Town has established a drug-free workplace program that balances its respect for
individuals with the need to maintain an alcohol and drug-free environment. The Town encourages employees
to voluntarily seek help with drug and alcohol problems.
The Town prohibits the possession, sale, consumption, or being under the influence of alcoholic beverages or
drugs by employees, volunteers, and others while in the workplace, during working hours outside the
workplace, or while on Town business, or in a Town vehicle. Any employee, volunteer, or other person subject
to this policy who is found possessing, selling, consuming, or being under the influence of alcohol or drugs
while on duty will be subject to discipline, up to and including termination.
Any employee, volunteer, or other person subject to this policy who is using prescription or over-the-counter
drugs that may impair that persons’ ability to safely perform the job, or affect the safety or well-being of
others, must notify a supervisor of such use immediately before starting or resuming work while under the
influence of such prescription or over-the-counter drugs. In accordance with A.R.S. § 36-2813, the Town will
not discriminate against a person in hiring, termination, or imposing any term or condition of employment or
otherwise penalize an employee based on his/her status as a medical marijuana cardholder or positive
marijuana drug test as a qualified patient, unless the employee used, possessed or was impaired by marijuana
in the workplace (i.e. on Town premises, in a Town vehicle, or on Town business) or during the hours of
employment, in which case the disciplinary provisions of this policy will apply.
1948630.4 37
PROCEDURES:
Testing
All employees and prospective employees, as a condition of employment, will be subject to alcohol and drug
testing for job-related purposes consistent with business necessity, including, but not limited to, pre-
employment screening and periodic, random, post-accident, and reasonable suspicion testing upon selection or
request of management.
Any drug testing or alcohol impairment testing will normally occur during, or immediately before or after, a
regular work period and will be treated as work time. The Town will pay the actual costs for drug testing and
alcohol impairment testing of its employees and prospective employees. The Town will pay reasonable
transportation costs to current employees if tests are conducted at a location other than the employee’s normal
work site.
The substances that may be tested for include (i) alcohol and (ii) drugs that are circumscribed by Arizona
Revised Statutes, Title 13, Chapter 34, such as Amphetamines, Cannabinoids (THC), Cocaine, Opiates,
Phencyclidine (PCP), Barbiturates, Benzodiazepines, Methadone, Propoxyphene, and Oxcycodene.
Testing for the presence of alcohol will be primarily conducted by analysis of breath but not limited to this
method only.
Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine.
To ensure the accuracy and fairness of the testing program, all testing will be conducted according to A.R.S. §
23-493.03 and Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where
applicable. Testing will include a screening test; a confirmation test; the opportunity for a split sample; review
by a Medical Review Officer, including the opportunity for employees who test positive to provide any
information that may be considered relevant to the test, such as a physician's prescription; and a documented
chain of custody. Samples will be collected under reasonable and sanitary conditions. Samples will be
collected, labeled, stored, and transported in a manner reasonably designed to preclude the possibility of
contamination, adulteration, or misidentification.
Any employee who tests positive may be subject to discipline, up to and including termination. Employees
who test positive have the right to explain the positive test result in a confidential setting if they request to do
so.
Any prospective employee who tests positive may have the offer of employment withdrawn and the Town may
refuse to hire him/her. An applicant who is not hired because of a positive test result may not reapply for a
period of one year.
Refusal to provide a drug testing sample or alcohol impairment testing sample in accordance with this policy
may be used as a basis for disciplinary action just as if the employee or applicant tested positive.
Assistance
The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes
that early intervention and support improve the success of rehabilitation. To support its employees, the Town
drug-free workplace policy:
• Encourages employees to seek help if they are concerned that they or their family members may
have a drug and/or alcohol problem.
1948630.4 38
• Offers all eligible employees and their family members assistance with alcohol and drug
problems through the Employee Assistance Program (EAP).
If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an
unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave
Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects
your work performance or results in a violation of this policy. If you need assistance in seeking this help, you
may contact the Employee Assistance Program (EAP). No one will be discriminated against for undertaking
rehabilitation.
Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan.
However, the ultimate financial responsibility for recommended treatment belongs to the employee.
Confidentiality
All information received by the Town through the drug-free workplace program is confidential communication
and will be maintained in separate confidential records. Access to this information is limited to those who
have a legitimate need to know in compliance with relevant laws and management policies. Tested employees
have the right to obtain their written test results if they request them.
Shared Responsibility
A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both
employees and management have important roles to play.
All employees are required to not report to work or be subject to duty while their ability to perform job duties
is impaired due to on- or off-duty use of alcohol or other drugs.
In addition, employees are encouraged to:
• Be concerned about working in a safe environment.
• Support fellow workers in seeking help.
• Use the Employee Assistance Program.
• Report dangerous behavior to their supervisor.
It is the supervisor's responsibility to:
• Inform employees of the drug-free workplace policy.
• Observe employee performance.
• Investigate reports of dangerous practices.
• Document negative changes and problems in performance.
• Counsel employees as to expected performance improvement.
• Refer employees to the Employee Assistance Program.
• Clearly state consequences of policy violations.
1948630.4 39
Communication
Communicating the drug-free workplace policy to both supervisors and employees is critical to its success. To
ensure all employees are aware of their role in supporting our drug-free workplace program:
• All employees will receive a written copy of the policy.
• The policy will be reviewed in orientation sessions with new employees.
1948630.4 40
EXHIBIT 401-A
TOWN OF FOUNTAIN HILLS
DRUG & ALCOHOL ABUSE POLICY
ACKNOWLEDGMENT
Dear employee and prospective employee of the Town of Fountain Hills:
In order to assure proper operation, every business has to maintain certain rules of conduct. We have
made every effort to establish rules that are clear, fair and will be followed consistently by all
employees.
The attached Policy concerns the effects of drugs in the workplace. Please review it carefully, and
we will address any and all of your questions regarding its contents.
We will collect this signed cover sheet that acknowledges your receipt of and agreement to comply
with the provisions contained in our Drug & Alcohol Abuse Policy. Although this document
contains our latest substance abuse policies and rules, it may be necessary, from time to time, to make
changes to best serve the needs of our organization. Any changes that become necessary will be
communicated in writing.
I acknowledge that I have received a copy of the Drug & Alcohol Abuse Policy of the Town of
Fountain Hills. I further understand that it is my obligation to read and comply with the rules and
provisions contained within the Policy.
_________________________________________
Employee’s Printed Name
_________________________________________ _______________________________
Employee’s Signature Date
_________________________________________ _______________________________
Witness Date
1948630.4 41
EXHIBIT 401-B
Town of Fountain Hills
16705 E. Ave of the Fountains, Fountain Hills, AZ 85268
(480) 816-5100 Fax: (480) 837-3145
PRE-EMPLOYMENT DRUG/ALCOHOL TESTING CONSENT FORM
I understand that any offer of employment will be conditional upon me
successfully passing a drug and/or alcohol test before I begin employment at the
Town of Fountain Hills. I further understand that a positive drug and/or alcohol
test or refusal to take a drug and/or alcohol test will mean that an offer of
employment to me will be withdrawn. The Town of Fountain Hills will pay the cost
of the pre-employment drug and/or alcohol test. Any additional treatment or cost
relating to the results of the testing is the applicant’s responsibility.
The Town of Fountain Hills will maintain the results of the pre-employment drug
and/or alcohol test. Negative and positive results will be reported to the Human
Resources Administrator.
I understand the above conditions and hereby agree to comply with them. I,
hereby, give full consent to undergo a drug and/or alcohol test as a condition of
employment with the Town of Fountain Hills.
________________________________________ _____________________________
Print Applicant’s Name Telephone Number
________________________________________ _____________________________
Address City, State, Zip
Applicant’s Signature _________________________________ Date ______________
Witness Signature ____________________________________ Date ______________
1948630.4 42
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: SMOKE-FREE WORKPLACE
POLICY NO: 402
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning smoking in the workplace.
STATEMENT OF POLICY: The Town of Fountain Hills strives to maintain a healthy environment for its
employees and customers. Smoke is recognized as a carcinogen and is to be eliminated from work areas. All
Town buildings and vehicles are designated as smoke-free. All Town buildings will be signed to state that
smoking is not permitted. The Town Manager, Department Heads and supervisors will ensure that there is no
smoking in Town buildings and vehicles.
1948630.4 43
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: WEAPONS
POLICY NO: 403
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning weapons in the workplace.
STATEMENT OF POLICY: Despite some laws that allow people to carry firearms in public, the Town of
Fountain Hills prohibits anyone from possessing or carrying weapons of any kind on Town property, in Town
owned vehicles, or during working hours. This includes:
• Any form of weapon or explosive
• All firearms; and
• All illegal knives or knives with blades that are more than six (6) inches in length
If an employee is unsure whether an item is covered by this policy, please contact Human Resources.
Employees are responsible for making sure that any item they possess is not prohibited by this policy. Police
officers, security guards, and other individuals who have been given consent by the organization to carry a
weapon on the property will be allowed to do so.
While the Town has a policy prohibiting weapons, nothing in this policy shall be construed as creating any
duty or obligation on the part of the organization to take any actions beyond those required of an employer by
existing law.
1948630.4 44
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: ON-THE-JOB INJURY AND ILLNESS
POLICY NO: 404
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures to be followed when an employee is injured at the workplace.
SCOPE: All employees.
STATEMENT OF POLICY: The Town provides a comprehensive workers' compensation insurance
program to its employees. This program does not cost the employee anything.
The workers' compensation program covers injuries or illnesses that might happen during the course of
employment that require medical, surgical, or hospital treatment. There are well-defined provisions that must
be met to ensure that employees qualify for workers’ compensation benefits. Workers’ compensation covers
only work-related injuries and illnesses. Generally, neither the Town nor its insurance carrier will pay
workers’ compensation benefits for any injuries that might happen if an employee voluntarily participates in
an off-duty recreational, social, or athletic activity.
PROCEDURE: Employees must tell their supervisors immediately about any work-related injury or illness,
regardless of how minor it might seem at the time. Prompt reporting helps to make sure that employees qualify
for coverage as quickly as possible and lets the Town investigate the matter promptly.
1. Work-related injury or illness should be reported in writing within 24 hours to the employee’s supervisor.
2. A physician approved by Human Resources must treat the injured employee on a first visit. Medical
attention should be sought from a medical facility providing occupational health services for the Town
and the employee, or another person on behalf of the employee, should inform the medical facility that
the employee is employed by the Town.
3. The employee should provide physicians’ statements, including releases to return to work and
modifications required, to Human Resources. An employee who fails to return to work after being
released by an approved physician will be considered to have resigned and will be terminated.
4. An employee who is receiving workers' compensation benefits may use sick leave to make up the
difference between the workers' compensation payments and current hourly rate of pay. If the employee
has exhausted sick leave, then he/she may use vacation time to make up the difference between the
workers' compensation payments and current hourly rate of pay. Employees shall not be permitted to
utilize sick or vacation time in such a way that would compensate the employee with an amount greater
than his/her current hourly rate of pay. If an employee uses sick or vacation time to make up the
difference between compensation received through workers' compensation and the employee’s current
hourly rate, it shall be the responsibility of the supervisor to record the appropriate time on the biweekly
time sheet.
1948630.4 45
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: TEMPORARY MODIFIED DUTY
POLICY NO: 405
EFFECTIVE: October 7, 2004
REVISED:
The Town of Fountain Hills is committed to providing work, when possible, for employees who have been
restricted by a health care provider. Such work will be provided subject to availability. Work will be assigned
due to the nature of the injury or illness and the limitations set forth by the treating physician. Every effort
will be made to place employees in positions within their own departments, but if necessary, employees will
be placed wherever an appropriate position is available.
While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees
who are placed outside their department will continue to have their salary charged to their regular department.
Employees on temporary modified duty must furnish a written update of their medical condition to their
supervisor and the Human Resources Administrator from the treating physician after each visit in order to
remain in the reassigned job. Temporary modified duty assignments are limited to a period of 90 days, subject
to review. It is not intended to accommodate employees with non-temporary disabilities. Being placed on a
temporary modified duty assignment does not excuse an employee from following all rules and regulations.
1948630.4 46
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: DISABILITY ACCOMMODATION
POLICY NO: 406
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To define the Town’s position on reasonable accommodations for qualified individuals with
disabilities.
STATEMENT OF POLICY: The Town of Fountain Hills is committed to complying fully with the
Americans with Disabilities Act, as amended, (ADA) and state law concerning the employment rights of
qualified persons with disabilities. It is the policy of the Town to conduct all employment practices and
activities on a non-discriminatory basis. The Town prohibits discrimination against qualified individuals with
disabilities in the job application process, hiring, advancement, discharge, compensation, job training, and all
other terms, conditions, and privileges of employment.
The Town will make reasonable accommodation to the known physical or mental disabilities of qualified
applicants or employees to the extent necessary to enable the applicant or employee to perform the essential
functions of the position held or sought, to ensure equal opportunity in the application process and to enable
employees with disabilities to enjoy equal benefits and privileges of employment, unless the accommodation
imposes an undue hardship. The Town will not employ persons in jobs in which they pose a direct threat to
self or others.
Reasonable accommodation may include, but is not limited to: making existing facilities readily accessible to
and useable by disabled individuals; restructuring or modifying a job; reassigning a disabled employee to a
vacant position for which the employee is qualified without having to compete with other candidates for the
position; establishing modified work schedules; acquisition or modification of equipment or devices;
telecommuting, if practicable; and permitting disabled individuals to provide their own equipment, aids, or
services.
PROCEDURES: An applicant or employee who requests an accommodation should submit a Request for
Accommodation Form (See Exhibit 410-A) to the ADA Coordinator. The applicant or employee may be
required to provide medical documentation of his/her disability and of the effectiveness of the accommodation
sought. The Town may also require a medical examination to assist in assessing the existence of a disability
and the effectiveness of accommodations.
The determination of whether an accommodation will be provided will be made by the ADA Coordinator,
following consultation with the applicant or employee and the supervisor (See Exhibit 410-B). An employee or
applicant who fails to provide requested information or otherwise fails to engage in the interactive process of
assessing the existence of a disability and the necessity, availability, and effectiveness of an accommodation
will be deemed to have withdrawn any request for accommodation. Any employee who is not satisfied with
the response to an accommodation request should let the ADA Coordinator know and should work together
with the ADA Coordinator to identify reasonable accommodation.
1948630.4 47
Implementation: The Human Resources Administrator is the ADA Coordinator and is responsible for
implementing this policy. Specific responsibilities may be delegated to other management, administration, or
supervisors.
Medical Records: The Town will maintain any employee health information in a confidential file separate
from the personnel file. The health file will be accessible only on a need-to-know basis. Supervisory
employees and employees with any first aid or safety duties may be informed of any medical conditions that
may require emergency treatment, and all such information shall be kept confidential by those informed.
Medical Exams: Post-offer, fitness for duty, and other medical exams that serve a legitimate business interest
may be required. In evaluating whether an employee or applicant is able to perform the essential functions of
the job, an individualized analysis will be conducted based upon information reasonably available, including
information from the employee or applicant, health care providers (if any were consulted), the employee’s or
applicant’s personal physician or health care provider, if the employee or applicant provides such information
to the Town, and any other pertinent information. Similarly, an individualized analysis will be conducted
based on the same types of information to determine whether an employee or applicant would pose a direct
threat in the job.
1948630.4 48
EXHIBIT 410-A
TOWN OF FOUNTAIN HILLS
ADA Accommodation request
In order to complete this form, you will need to discuss the essential functions of your job with your
supervisor. You may also contact Human Resources if you have questions or need information about
the ADA or the process for requesting reasonable accommodation.
Employee Information
Name Job Title
Department Division
Telephone Email
Supervisor’s Name Supervisor’s Telephone
1. Describe how your condition affects your ability to perform a major life activity and whether
you use any mitigating measures (medication, assistive technologies such as wheelchairs, etc.).
Which major life activity(s) is/are most significantly affected? Examples of major life activities
are: seeing, hearing, breathing, walking, smelling, care for yourself, thinking, concentrating or
working.
2. Describe how your condition limits your ability to perform the essential functions of your job.
Identify the essential functions affected and be specific about how the medical condition impairs
your ability in each instance.
1948630.4 49
3. Describe the accommodation you are requesting.
4. Explain how the accommodations you are requesting will enable you to perform the essential
functions of your job. Be Specific.
5. Will you be able to perform all of the essential functions of your job if you receive the requested
accommodation? If not, describe the specific functions you will not be able to perform.
6. Do you need assistance to identify accommodations that will enable you to perform the essential
functions of your job? If you do, explain what type of assistance you need.
7. Provide any information or suggestion you can on how the requested accommodations(s) can be
provided. If known, include the names, addresses and telephone numbers of vendors and the
model number and approximate cost of any equipment requested.
_________________________________________ ___________________________________
Employee Name (Please print) Work Telephone
_________________________________________ __________________________________
Signature Date
1948630.4 50
EXHIBIT 410-B
TOWN OF FOUNTAIN HILLS
RESPONSE TO REQUEST FOR ACCOMMODATION
PURSUANT TO TOWN OF FOUNTAIN HILLS’
DISABILITY ACCOMMODATION POLICY
Employee’s Name: _____________________________________________________________
Department: ___________________________________________________________________
Position: _____________________________________________________________________
Supervisor: ___________________________________________________________________
Today’s Date: _________________________________________________________________
I have considered your Request for Accommodation dated _______________ and have made the
following determination:
€ Your request will be granted effective __________________________________, and will be
implemented as follows:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
€ I have determined no accommodation is required because:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
€ Your requested accommodation is not reasonable and poses an undue hardship on the Town
because:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
1948630.4 51
€ Your requested accommodation will not be granted, but the following accommodation will be
provided:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Please note:
The Town of Fountain Hills is committed to working with you to determine whether there is any
reasonable accommodation that will enable you to perform your job and will not pose an undue
hardship to the Town.
Please let me know as soon as possible if you have an idea for a different form of accommodation or
if anything about our accommodation process needs to be discussed further.
Sincerely,
__________________________________
ADA Coordinator
Please note the Town of Fountain Hills is not obligated to offer an accommodation for every physical
or medical condition, but only under certain circumstances and for conditions that constitute
“disabilities” as defined in state and federal law. Nonetheless, the Town reserves the right, within its
judgment, to offer accommodations to employees who may not have such a disability. Granting any
accommodation should not be considered an expression of the Town’s belief as to the existence or
non-existence of an employee’s disability.
1948630.4 52
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
POLICY: RECRUITMENT
POLICY NO: 501
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines to fill vacant positions within classified service.
Vacancies in classified service are announced to all current employees via e-mail. Other methods of
recruitment are used as deemed appropriate by management.
SCOPE: Selection techniques used by the Town are impartial, practical, and job related. The examinations
used may include but are not limited to oral, written, performance, physical/mental fitness, and
training/experience evaluations. In addition, evaluation of past work performance, work samples, personal
interviews, and background investigations may be used in the selection process.
PROCEDURE: Recruitment for any classified position shall occur in the following order:
1. Permission shall be obtained by Department Heads from the Town Manager to initiate recruitment
proceedings.
2. Recruitment shall be advertised as the Town Manager deems advisable.
3. All hiring decisions of the Town Manager shall be final.
4. All applications, resumes, interview forms, recruitment information and process information shall be
retained by the Town in accordance with State of Arizona retention laws.
Announcement of Vacant Positions
Vacancies within the classified service that are not filled through in-house promotion or transfers or through
existing current applications on file, shall be published by posting announcements at the Town or in other
appropriate public places and by such other means as the Town Manager deems advisable.
Application Process
Applicants must submit a completed Town of Fountain Hills application form. Failure to complete the
“Application for Employment” form as directed may result in disqualification. Completed application forms
become the property of the Town of Fountain Hills and are not returned to the applicants.
Any application may be rejected for the following reasons:
1. The applicant appears not to possess the qualifying experience and training required for the position.
2. The applicant has made any misstatement of any material fact.
1948630.4 53
3. The applicant has practiced any deception or fraud in his/her application.
4. The applicant has been convicted of a crime involving moral turpitude.
1948630.4 54
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
POLICY: EMPLOYMENT APPLICATIONS
POLICY NO: 502
EFFECTIVE: October 7, 2004
REVISED: July1, 2013
PURPOSE: To establish a policy for acceptance of applications and/or resumes
POLICY: The Town of Fountain Hills does not accept applications and/or resumes except for positions
currently open within the organization. All applications and/or resumes must designate the open position
being applied for or they will be disposed of. The Town of Fountain Hills does not retain unsolicited
applications and/or resumes for any period of time. Individuals interested in applying more than once for
employment must submit an application and/or resume each time they apply.
No individual can be made an offer of employment with the Town of Fountain Hills without filling out a Town
of Fountain Hills Application for Employment. If the candidate has submitted a resume in order to apply for
an open position, he/she may use the resume but it does not satisfy the requirement of a completed Town of
Fountain Hills Application for Employment. It is not sufficient to state “see resume” on the application form.
All sections must be filled out and the application signed.
1948630.4 55
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
POLICY: BACKGROUND CHECKS
POLICY NO: 503
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning background checks.
STATEMENT OF POLICY: All employees applying for any position with the Town of Fountain Hills will
be subject to reference checks with former employers and/or managers. Unless required by law, reference
checks will not be shared with the potential employee. The position an individual applies for and the
information he/she gives during the interview process will determine which contingencies may apply to an
offer of employment. Individuals who claim to have certain educational credentials, either in writing or in an
interview, are subject to verification.
Any individual offered a position that has responsibility for initiating or affecting financial transactions may be
required to submit to a credit check. These responsibilities could include, among other things, collecting or
handling cash or checks, writing checks or approving them, access to a direct money stream, or being a
fiduciary to the organization.
Any potential employees who will be driving a Town vehicle or driving their personal vehicles on company
business will be subject to an inspection of their Motor Vehicle Records annually. Depending on the job
requirements, some employees may have to comply with the Department of Transportation requirements for a
Commercial Drivers License.
All potential employees are subject to a criminal background check. Only individuals in Human Resources,
who are authorized to do so, may initiate or receive a criminal background check.
Information gained from any of the above background checks will be held in confidence and shared with
management individuals only on a need-to-know basis, unless the law otherwise requires.
1948630.4 56
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: FLSA EXEMPT/NON-EXEMPT CLASSIFICATIONS
POLICY NO: 601
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines that ensure compliance with the Fair Labor Standards Act (FLSA).
SCOPE: The Town of Fountain Hills takes appropriate action to ensure compliance with the Fair Labor
Standards Act. All employees are identified as exempt from coverage or non-exempt from coverage as
provided by law and in accordance with prescribed FLSA guidelines.
FLSA-EXEMPT employees are not entitled to overtime pay. An employee who meets either the 'long test' or
the 'short test' for executive, administrative, or professional employment may be classified as exempt. The
short tests are outlined below:
SHORT TEST FOR EXECUTIVE EMPLOYEES
An executive employee must meet all of the following requirements to be exempt:
1. Compensation: Is paid on a salary basis at least $455 per week, exclusive of board, lodging or other
facilities.
2. Duties: Primarily management of the agency, department, or subdivision.
3. Supervision: Customarily and regularly directs the work of two or more other full-time employees and
has the authority to hire and fire or has significant input into hiring and firing decisions.
SHORT TEST FOR ADMINISTRATIVE EMPLOYEES
An administrative employee must meet all of the following requirements to be exempt:
1. Compensation: Is paid on a salary basis at least $455 per week exclusive of board, lodging or other
facilities.
2. Duties: Primarily performance of office or non-manual work directly related to the management or general
business operations of the employer.
3. Responsibilities: Primary duty includes work requiring the exercise of discretion and independent
judgment with respect to matters of significance.
SHORT TEST FOR PROFESSIONAL EMPLOYEES
1. Compensation: Is paid on a salary basis at least $455 per week, exclusive of board, lodging or other
facilities.
1948630.4 57
2. Duties: Primarily consist of performing work requiring advanced knowledge predominantly intellectual in
character.
3. Discretion: Work requires the consistent exercise of discretion and judgment in a field of science or
learning following specialized intellectual instruction.
FLSA-NON-EXEMPT employees are entitled to minimum wage, and overtime pay.
Positions within the Town may be changed from one category to another as the requirements of the law change
or as the nature and scope of duties and responsibilities of a particular job change.
Existing and newly established positions will be evaluated and assigned to the appropriate category by the
Human Resources Administrator.
OVERTIME COMPENSATION
The primary implication of assignment of a particular position to either exempt or non-exempt status involves
determination of eligibility for overtime compensation.
1. Non-exempt
Overtime compensation for non-exempt employees is defined and administered in the following manner:
The Town generally compensates for overtime through the payment at a rate of one-and one-half hour for each
hour of work for which overtime compensation would be required under the FLSA.
Holiday time will be included as time worked in the computation of overtime. Sick time, vacation time,
personal time, standby time, jury duty, military leave, bereavement leave, etc., are not counted toward hours
worked during a week. Thus an employee may be paid for more than forty hours during the week and not
receive overtime compensation.
.
Overtime must be scheduled and approved by the responsible supervisor.
2. Exempt
Salaried employees whose work meets established FLSA criteria may be classified as exempt. Situations in
which exempt employees are required to work more than forty hours shall not normally result in additional
compensation.
1948630.4 58
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: EMPLOYEE CLASSIFICATIONS
POLICY NO: 602
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To classify employees into one of three categories for eligibility to receive certain benefits
offered by the Town of Fountain Hills.
STATEMENT OF POLICY: Employees fall into one of these categories:
1. FULL-TIME – An employee who is normally scheduled to work forty (40) hours per week for fifty-two
(52) weeks per year.
2. PART-TIME – An employee who is expected to establish a continuity of service, but is scheduled for less
than forty (40) hours per week and/or less than fifty-two (52) weeks per year. A part-time employee is
expected to work more than twenty-six (26) weeks per year.
3. TEMPORARY (or SEASONAL) – An employee who is hired for a specific period of time and is not
expected to establish a continuity of service. It is expected that an employee should not remain in
temporary job status longer than six (6) months.
1948630.4 59
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: CALL-BACK PAY
POLICY NO: 603
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish conditions under which Town employees are eligible to receive compensation for
providing emergency type services during nonscheduled work hours.
STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the
interest of public safety or protection of property may receive compensation in the form of Call-Back Pay for
hours worked outside of normally scheduled work hours.
SCOPE: All FLSA non-exempt Town employees whose specialized skills and abilities qualify them to
perform emergency type services to protect public safety and property outside of non-scheduled work hours.
PROCEDURE:
1. Eligibility
a. Call Back Pay applies to FLSA non-exempt Town employees who are called back to work outside of
their regularly scheduled hours for emergency type work.
b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Call-
Back Pay.
2. Assignment
Call Back Pay does not apply when:
a. The employee is still on the clock and additional work is assigned that will extend their regular
workday, in which case normal overtime may apply.
b. The employee works overtime hours that were planned in advance (i.e. scheduled overtime).
c. The employee requests the opportunity to work additional hours outside of their normal scheduled
shift, in which case normal overtime may apply.
d. The employee’s call-back hours overlap their regular work schedule as a result of the employee’s
request to leave work early, thereby substituting the time worked for his/her regularly scheduled shift.
These hours are not considered call-back, but are compensated as regular hours worked.
3. Compensation
a. An employee who is called back to work to perform services, will be compensated for a minimum of
two (2) hours or for the amount of time worked, whichever is greater.
1948630.4 60
b. Travel time to and from the work site is not compensable under Call Back Pay status; only hours
actually worked.
c. An employee shall not be considered on more than one (1) Call-Back Pay status at any given time.
d. Subsequent calls received to perform services within two (2) hours of the start time of the initial call,
will be compensated as an extension of the initial call; not as a new call with another two (2) hour
minimum.
Example 1: First call received at 9:00 am
First call completed at 9:30 am
Second call received at 9:50 am
Second call completed at 10:30 am
In Example 1, the employee will be compensated for two (2) hours The second call was received within
the two (2) hour window of the first call. Therefore, the second call will be compensated as an extension
of the first call received.
Example 2: First call received at 9:00 am
First call completed at 9:30 am
Second call received at 11:15 am
Second call completed at 12:00 pm
In Example 2, the employee will be compensated for four (4) hours The second call was received two (2)
hours and fifteen (15) minutes after the initial first call. Therefore, the second call will be compensated as
a separate additional call with the two (2) hour minimum applicable to both calls.
Example 3: First call received at 9:00 am
First call completed at 9:30 am
Second call received at 10:00 am
Second call completed at 12:30 pm
Third call received at 1:00 pm
Third call completed at 2:00 pm
In Example 3, the employee will be compensated for five (5) hours and thirty (30) minutes. The second call
was received within the two (2) hour window of the first call. The second call will be compensated as an
extension of the first call received. However, the third call was four (4) hours after the initial first call. The
third call will be compensated as a separate additional call with the two (2) hour minimum applicable.
Payment for call-back hours will be made on regularly scheduled pay days and will not be paid in advance.
1948630.4 61
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: STAND-BY DUTY (ON-CALL)
POLICY NO: 604
EFFECTIVE: April 20, 2009
REVISED: July 1, 2013
PURPOSE: To establish a Town-wide policy for Stand-by Duty that acknowledges and compensates
employees for emergency type services during non-scheduled work hours for which an employee remains
available to respond.
STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the
interest of public safety or protection of property may be required to be placed on stand-by for duty.
SCOPE: All non-exempt Town employees whose specialized skills and abilities qualify them to perform or
coordinate emergency type services to protect public safety and property during non-scheduled work hours.
PROCEDURE:
1. Eligibility:
a. Stand-by Duty is restricted to those employees qualified to perform specialized emergency services.
b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Stand-
by Duty Pay.
c. In cases of Town emergency or need, employees may be contacted to work during their off hours.
Employees who are called in, and are not on Stand-by Duty status, are not eligible for Stand-by Duty
Pay. These hours will be calculated under Call-back Pay status.
2. Assignment:
a. The responsible Department Supervisor shall maintain a stand-by roster of qualified personnel
(capable of performing specialized emergency services that may be required) to serve on Stand-by
Duty.
b. Stand-by duty shall be allocated fairly amongst qualified employees as follows:
i. First – on a rotational basis, qualified employees who volunteer to be put on Stand-By Duty.
ii. Second – If there is an insufficient number of qualified employees to volunteer, qualified staff
members will be assigned to cover required hours on a rotational basis.
c. Stand-By Duty shall be scheduled and assigned in advance.
d. While assigned to Stand-By Duty employees shall maintain a physical readiness to respond to
emergency call situations and be capable of performing safety-sensitive functions.
1948630.4 62
e. While assigned to Stand-By Duty employees shall maintain a physical proximity to the applicable
Department building that allows for no more than a thirty (30) minute response time for call to duty.
f. Employees while assigned to Stand-By Duty shall remain accessible at all times by pager and/or by
telephone.
g. Exchanging Stand-By Duty assignments – Employees may exchange stand-by weeks/days
assignments with supervisory approval.
3. Compensation
a. Stand-by Duty employees will be paid one (1) hour of pay for each regular scheduled workday and
two (2) hours of pay for each non-scheduled workday while on-call. These hours begin after the
completion of the workday and continue until resuming work the following workday. Employees are
not eligible for on-call pay during hours that they are scheduled to work (including weekends and
holidays). Employees are not eligible for on-call pay unless they have been formally scheduled for
coverage. Typically, no more than one employee per service area should be scheduled for an on-call
assignment.
b. An employee on Stand-By Duty, who is called to perform services, will be compensated for a
minimum of two (2) hours at 1.5 times their hourly rate.
1948630.4 63
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: JOB SHARING
POLICY NO: 605
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish conditions under which Town employees are eligible to work in a job share
position.
STATEMENT OF POLICY: In order to accommodate the needs of our employees, the Town of
Fountain Hills will permit some employees in specific positions to job share. The supervisor and
Human Resources will determine whether a specific job may be effectively performed by two
individuals and whether both individuals can effectively work in a job sharing arrangement.
SCOPE: Some positions within the organization, by their very nature, cannot be shared. For
example, positions that require the supervision of other employees usually cannot be shared since it is
an integral part of the position for the supervisor to establish a one-on-one coaching relationship to
assist employees in their growth and development.
PROCEDURE: Employees interested in job sharing should discuss with their supervisor whether
job sharing is an option in their current position. If the supervisor agrees, the employee and
supervisor should meet with Human Resources in order to draft an agreement that permits two
employees to job share and to discuss benefit eligibility consequences (See “Eligibility for Benefits”
#902). That Agreement will need to be signed by both employees, the employee’s supervisor, and
Human Resources. The Agreement will include:
1. the hours and days each employee must be present in the workplace;
2. the work equipment that will be necessary for the employees to job share;
3. the performance expectations for the job; and
4. the reporting requirements for the job under a job share arrangement.
As with all employment, the Town of Fountain Hills reserves the right to revise or rescind this
agreement at any time for any reason or no reason at all.
1948630.4 64
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: WAGE AND SALARY ADMINISTRATION
POLICY: WAGE AND SALARY ADMINISTRATION
POLICY NO: 701
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy governing the creation and maintenance of a wage and salary plan for Town
positions.
STATEMENT OF POLICY: The Human Resources Administrator, with approval from the Town Manager,
develops, maintains, and modifies, as necessary, a non-discriminatory, uniform and equitable wage and salary
plan.
SCOPE: The wage and salary plan applies to all Town positions that have been approved and budgeted by
the Town Council, with the exception of Elected Officials.
PROCEDURE:
Town positions are allocated to a class, or group of positions having similar duties, levels of skill, and
responsibilities based on the position descriptions developed within each department. The group of positions
allocated to a common class is then assigned a single pay range within the Town’s compensation plan.
Department Heads shall be responsible for informing the Human Resources Administrator in writing of
changes in a position’s duties/responsibilities in their office or department that might possibly affect the
classification of such a position.
The Human Resources Administrator may initiate a classification review to update and modify classification
specifications or any component of the classification as is deemed necessary.
If any Department Head desires that a position be reviewed for a possible reclassification, they will forward a
request to the Human Resources Administrator, including the following information:
A memo stating what factors or duties of the position have changed, the reason for
change, and the potential impact of the reclassification, if any, on other positions.
Upon receipt of the above documentation, the Human Resources Administrator shall review the information
provided. Additional information and/or a position audit may also be required. Following the position review,
the Human Resources Administrator shall evaluate the position and determine the proper class allocation
A reclassification may result in one of four actions: (1) no change; (2) a change in classification with no
change made to pay grade; (3) change in pay grade upward; (4) change in pay grade downward. If a
classification action results in a change in pay grade, the corresponding change in the incumbent’s salary will
be to the new grade at their current pay rate or at entry level of the new grade, whichever is higher. If a
classification results in a change of range upward, the requesting department will be responsible for funding
the increase to include additional funds that are necessary in the budget request for subsequent increases.
Requests for any additional funding in current or future budget years must be transmitted to the Finance
1948630.4 65
Department for review and forwarding to the Town Manager for action by the Town Council as may be
required.
Effective dates for classification changes will follow conclusion of a classification review/study and shall not
be made on a retroactive basis.
Job Evaluation
Job evaluation is a system used to determine the relationship of each job relative to all other jobs in the Town
without regard to the incumbent in the position. The Town Manager is responsible for selecting the method of
job evaluation.
Pay Structure
The Human Resources Administrator is responsible for establishing a pay structure, as approved by the Town
Council, based upon job evaluation results. Each position is assigned a pay range and advancement within the
pay range shall be contingent upon the available funds and budget requirements of the Town and based upon
the employee's performance.
Starting Pay
Initial appointment to a position shall be made at the minimum salary level for the position unless the Town
Manager determines that entry at a higher level is desirable for a particular applicant. This decision shall be
based on the outstanding and unusual character of the applicant's experience, education, and ability over and
above the normal minimum qualifications specified for the position
.
Promotions
Employees may be promoted up to the mid-range of the applicable job grade as long as the candidate has
extensive experience which he/she brings to the position. If the employee is already being paid more than the
mid-range of the new range a promotional increase may be given at the discretion of the Town. All
promotional appointments require written Town Manager approval.
Transfers/Demotions
A transfer is defined as a change in the assignment of an employee from one position to another position in the
same range of pay. An employee who is transferred will be compensated at the same rate as for his/her
previous position.
A demotion is defined as a move to a job in a lower salary grade. An employee who is demoted either
voluntarily or as a disciplinary measure will be compensated at the equivalent rate on the new pay range.
Merit Awards
Such an increase is an award for employee performance that meets or exceeds standards set by the department
and evaluated on the Town performance appraisal form. Merit increases shall not be granted if the increase
would cause the individual to exceed the maximum pay established for their class (refer to annual budget).
It shall be the responsibility of the Town Manager or Department Head to ensure that employees receive
performance evaluations at the appropriate intervals for the purpose of merit increases. The evaluation is
required regardless of a change in supervisory personnel.
1948630.4 66
1. The first merit increase eligibility date shall follow successful completion of an employee's original
introductory period.
2. The date that an employee attains regular status in the class by successful completion of the introductory
period becomes the employee's annual evaluation date, which shall be the date the employee shall be
eligible for future annual merit consideration.
3. On the date that an employee successfully completes a promotional introductory period in a new class, the
employee may be eligible for merit consideration and that date becomes the employee's new evaluation
date.
4. Evaluation date and merit eligibility may also be affected by terms of demotion or reduction in
classification due to layoff.
5. Absence of an employee on authorized leave without pay for more than 30 calendar days during a
promotional introductory period shall result in extension of the promotional introductory period by an
equivalent amount.
6. If the necessary documentation has not been completed in a timely fashion to allow for the granting of a
merit increase on the first pay period falling on or after the evaluation date, the employee will receive the
increase retroactive to the date upon which they were eligible.
Cost of Living Adjustments
Cost of living adjustments may be given with the approval of the Town Council. Cost of living adjustments
are not automatic and are based upon the Town's ability to fund such increases.
An employee whose job classification is in the Pay Plan is to be eligible for a cost of living adjustment for the
fiscal year authorized by the Town Council.
Cost of living adjustments shall not be granted if the increase would cause the individual to exceed the
maximum pay established for their class.
1948630.4 67
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: WAGE AND SALARY ADMINISTRATION
POLICY: PAY PERIOD
POLICY NO: 702
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
A pay period consists of two weeks or eighty (80) hours. Employees are paid bi-weekly on a Thursday. New
employees should be advised by their supervisor when they can expect to receive their first payroll check.
Due to payroll processing time, all hours worked by employees through the Sunday prior to the payroll date
will be included on that payroll check. Should a payday fall on a holiday, checks will be issued the workday
before the holiday.
1948630.4 68
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: INTRODUCTORY PERIOD
POLICY: INTRODUCTORY EMPLOYMENT PERIOD
POLICY NO: 801
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a period of time which shall be regarded as part of the orientation period utilized for
training and critiquing the employee’s work habits, skill level, and suitability for continued employment in
their assigned position with the Town.
STATEMENT OF POLICY: The provisions contained in this Policy relating to notices required before
demotion, suspension, or dismissal of a regular status employee shall not apply to introductory employees; as
their positions are classified as Uncovered.
Several informal, but detailed, communication and feedback sessions are to be made throughout an
introductory period so that the employee will have a clear understanding and direction, with ample opportunity
to make corrections as necessary. This is also a time for encouragement, support, and reinforcement from the
immediate supervisor and Department Head.
Prior to the conclusion of the introductory employment period, a formal performance evaluation will be
completed which becomes a part of the employee’s personnel file in the Human Resources Department. The
employing department will make a decision whether to retain the employee, extend the introductory period, or
terminate the employee, based on work performance. This determination must be clearly stated in the
performance evaluation. Every effort shall be made to complete performance evaluations by the supervisor on
prescribed forms not earlier than ten (10) working days prior to the evaluation due date, and not later than ten
(10) working days after the evaluation due date.
SCOPE: Introductory period for all full-time employees is defined as the first six (6) months. Introductory
period for all part-time employees is defined as the first 1040 hours worked.
PROCEDURE:
Introductory Periods
1. Initial Introductory Period: All full-time and part-time employees will be placed in an initial
introductory period following their initial date of hire.
Upon successful completion of the initial introductory period and in accordance with the provisions of this
Policy, the employee shall achieve regular status in Town employment, and given merit increase
consideration based on performance. Merit increases will only be awarded to Town employees as Town
budget dollars are appropriated.
Full-time and eligible part-time employees are eligible to begin utilizing accrued vacation, personal or
PTO time after satisfying six (6) months of their initial introductory period.
1948630.4 69
During the initial introductory period, an employee may be dismissed, suspended or demoted by the Town
Manager. Dismissal during the initial introductory period shall be defined as an introductory release and
shall not be considered a dismissal for cause.
Initial introductory employees may be subject to a pay reduction by the Town Manager.
2. Promotional Introductory Period: A promotion is defined as the movement of an employee to a
position in a higher salary grade than the one presently assigned to, and one for which the new duties and
responsibilities are significantly increased in nature and scope. Employees will be placed in a promotional
introductory period following the effective date of their promotion with a time frame as defined above.
Employees shall be provided written notice of the introductory period.
Upon successful completion of a promotional introductory period and in accordance with the provisions of
this Policy, the employee shall be given merit increase consideration based on performance. This date
becomes the employee's new evaluation date for merit review consideration.
A promoted employee who is not successful in completing an introductory period may be eligible for
demotion to a vacant position for which they meet the minimum qualifications. A determination by the
Department Head that the employee’s performance was not satisfactory shall be sufficient cause for
demotion.
3. Demotion Introductory Period: A demotion is defined as the movement of an employee to a position in
a lower salary grade than the one presently assigned to, and one for which the new duties and
responsibilities are significantly decreased in nature and scope. Employees will be placed in an
introductory period following the effective date of their demotion with a time frame as defined above.
Employees shall be provided written notice of the introductory period.
A demoted employee who successfully completes a demotion introductory period is not eligible for merit
increase consideration at the conclusion of the period.
The Regular Status of an employee serving a demotion introductory period shall not be affected. However,
an employee demoted for disciplinary reasons, who unsuccessfully completes a demotion introductory
period, shall be dismissed.
Failure to meet the requirements of the position to which the employee is demoted or to successfully
complete the demotion introductory period shall constitute a sufficient factual basis for further discipline,
up to and including termination.
4. Lateral Transfer Introductory Period: A lateral transfer is defined as the movement of an employee to
a position in the same salary grade as the one presently assigned. Employees will be placed in an
introductory period following the effective date of their transfer with a time frame as defined above.
Employees shall be provided written notice of the introductory period.
A formal performance evaluation will be conducted documenting the conclusion of this introductory
period and become part of the employee’s official record in the Human Resources Department.
A laterally transferred employee who successfully completes an introductory period is not eligible for
merit increase consideration at the conclusion of the period.
A laterally transferred employee whose performance falls below acceptable levels at the end of their
introductory period may be returned to their former position or another similar position for which they
qualify, if vacant.
1948630.4 70
The Regular Status of an employee serving a lateral transfer introductory period shall not be affected.
Alternatives to Regular Status
A Department Head may request authorization for an introductory period to be extended longer than the
applicable period as defined within this Policy to further assess an employee’s work performance and
suitability for continued employment. A request to extend an introductory period must be in writing and
approved by the Town Manager. Introductory extensions are not to exceed two times (2x) an individual’s
applicable introductory period.
Any type of leave time taken (i.e., vacation, sick, etc.) or while drawing compensation under Worker’s
Compensation, in excess of five (5) consecutive calendar days shall not be credited toward the introductory
period and the employee’s introductory period shall be extended the length of time equal to the time taken.
Rehire
An employee who is terminated from Town employment and rehired, shall be required to serve an initial
introductory period upon re-employment, unless otherwise waived by the Town Manager.
1948630.4 71
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: HEALTH & WELFARE BENEFITS
POLICY NO: 901
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
Once employees have met the appropriate eligibility requirements, they may be eligible to participate in the
plans described below. This is merely a summary. More detailed information about each plan can be found in
the plan documents maintained in Human Resources and the summary plan descriptions (SPDs). SPDs are the
official documents regarding employee benefit plans and supersede all references to employee benefits in this
manual.
Medical Insurance First of the month following 30 days of continuous
employment
Dental Insurance First of the month following 30 days of continuous
employment
Life Insurance First of the month following 30 days of continuous
employment
Long Term Disability Insurance First of the month following 30 days of continuous
employment
Short Term Disability Insurance First of the month following 30 days of continuous
employment
Dependent Life Insurance First of the month following 30 days of continuous
employment
Flexible Spending Accounts First day of employment
Employee Assistance Program First of the month following 30 days of continuous
employment
Retirement Plan (401A) First day of employment
Deferred Compensation Plan (457) First day of employment
1948630.4 72
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: ELIGIBILITY FOR BENEFITS
POLICY NO: 902
EFFECTIVE: October 7, 2004
REVISED:
An employee’s eligibility to participate in the benefits program is determined by the following classifications:
• Full-time employees who are regularly scheduled to work 40 hours per week are eligible for full
benefits.
• Part-time employees who are regularly scheduled to work less than 40 hours per week but more than
20 hours per week are eligible for a modified benefits package.
• Temporary (or seasonal) full-time or part-time employees are not eligible for benefits.
The Town of Fountain Hills pays a significant portion of the costs of these benefits for employees. Employee
contributions for certain benefits will be deducted from their paychecks on a pre-tax basis. Employees will
pay no Federal or State taxes on this amount.
1948630.4 73
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: VACATION LEAVE
POLICY NO: 903
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use vacation
leave and to provide for the compensation of unused vacation leave upon separation from Town service.
STATEMENT OF POLICY: Vacation leave is part of the integrated program of benefits for Town
employees. Such leave is intended as a necessary break from normal duties to allow employees to engage in
outside recreational activities as a means of achieving and sustaining high levels of productivity during
regularly scheduled duty.
SCOPE: All full-time Town employees accrue vacation leave hours. Part-time employees who work a
minimum of 20 hours per week on a regular scheduled basis accrue Paid Time Off (PTO). Temporary and
seasonal employees do not earn vacation leave or PTO. (See “Eligibility for Benefits” - Policy # 902).
The amount of vacation time and PTO employees receive each year increases with the length of their
employment. Vacation time and PTO begin to accrue with the employee’s first full bi-weekly pay cycle,
subject to the following:
Upon completion of six (6) months of actual service, each full-time employee shall be credited with up to
fifty-two (52) hours of vacation and shall accrue vacation thereafter at the rate specified in this policy. Upon
completion of six (6) months of actual service, eligible part-time employees shall be credited with up to
twenty-six (26) hours of PTO and shall accrue PTO thereafter at the rate specified in this policy.
ACCRUAL RATE – FULL TIME EMPLOYEES:
Length of Service Hours per Pay Period Hours per year
Start date through completion of 3rd year 4.00 104
4th year through completion of 7th year 5.00 130
8th year through completion of 10th year 6.00 156
11th year through completion of 15th year 7.00 182
16 + Years 8.00 208
Full-time employees who have completed seven (7) years of continuous service will be allowed to accrue a
maximum of one hundred seventy-six (176) hours of vacation. Full-time employees who have completed
between seven (7) and fifteen (15) years of continuous service will be allowed to accrue a maximum of two
hundred (200) hours of vacation. Full-time employees who have completed fifteen (15) years or more of
continuous service will be allowed to accrue a maximum of two hundred twenty-four (224) hours of vacation.
1948630.4 74
ACCRUAL RATE – PART-TIME EMPLOYEES:
Length of Service Hours per Pay Period Hours per Year
Start date through completion of 3rd year 2.00 52
4th year through completion of 7th year 2.50 65
8th year through completion of 10th year 3.00 78
11th year through completion of 15th year 3.50 91
16 + Years 4.00 104
Part-time employees who have completed seven (7) years of continuous service will be allowed to accrue a
maximum of eighty-eight (88) hours of PTO. Part-time employees who have completed between seven (7)
and fifteen (15) years of continuous service will be allowed to accrue a maximum of one hundred (100) hours
of PTO. Part-time employees who have completed fifteen (15) years or more of continuous service will be
allowed to accrue a maximum of one hundred twelve (112) hours of PTO.
All vacation leaves and PTO are to be taken at the convenience of the department and shall be approved in
writing, or through automation, by the supervisor or his/her designee. It is the responsibility of the employee
to schedule his/her vacation time or PTO in compliance with departmental workloads and needs. Requests for
vacation time or PTO should be submitted to the supervisor as far in advance as possible. Employees may be
recalled from vacation leave or PTO, or may have their scheduled vacation leave or PTO postponed, when
deemed necessary by the department director. When an employee is recalled from vacation leave or PTO, the
employee’s vacation leave or PTO will be rescheduled to the earliest convenient time. Employees will be
permitted to use vacation leave or PTO in incremented units of one-half (1/2) hour or more, in any one day.
Vacation time or PTO shall not be advanced to an employee nor may vacation time or PTO be transferred
between employees.
Vacation time and PTO will not accrue for workweeks in which there are no hours paid by the Town of
Fountain Hills. If the employee has an accrued vacation or PTO balance, the vacation time or PTO must be
paid out before any unpaid time off is approved. Vacation hours or PTO must be used for sick leave if accrued
sick leave hours have been exhausted. Neither vacation hours nor PTO will count toward hours worked for
purposes of computing overtime.
If a holiday falls within an employee’s vacation or PTO, the employee will not be charged with vacation or
PTO hours for the holiday, but will be paid for the holiday at the appropriate holiday rate.
Separation of Employment
Awarded vacation leave hours or PTO will be paid at the employee’s regular hourly rate upon separation of
employment.
No more than the maximum allowable accrual of vacation leave is compensable upon separation of
employment. Vacation leave or PTO accrued during the initial introductory employment period (six months)
will not be compensated if separation occurs during the initial introductory period.
1948630.4 75
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: HOLIDAYS
POLICY NO: 904
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide a policy for Town employees setting forth paid holidays and to implement a system to
increase the flexibility for employees to utilize their holiday compensation.
STATEMENT OF POLICY: The annual holiday leave bank for each full-time, regular employee is 80
hours. The Town of Fountain Hills observes holidays as identified below:
1. New Year’s Day January 1
2. Martin Luther King, Jr/Civil Rights Day Third Monday in January
3. President’s Day Third Monday in February
4. Memorial Day Last Monday in May
5. Independence Day July 4
6. Labor Day First Monday in September
7. Veteran’s Day November 11
8. Thanksgiving Day Fourth Thursday in November
9. Day after Thanksgiving Fourth Friday in November
10. Christmas Day December 25
SCOPE: When any of the holidays listed above falls on a Sunday, the following Monday shall be observed as
a holiday; if any such holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. For
staff members on a seven-day standard workweek schedule, a holiday falling on a Saturday or Sunday is
observed on that day.
On any other day or part of a day during which the Town shall be closed by special proclamation of the
Mayor, with the approval of the Town Council, employees shall be eligible for additional holiday pay if they
are normally scheduled to work that day.
ACCUMULATION OF HOLIDAY LEAVE:
a. The annual holiday leave bank for each full-time, regular employee is 80 hours. For purposes of this
policy, the holiday will be defined as the 24 hour period (12:00 AM – 11:59 PM) on the designated
holiday. All part-time employees normally scheduled to work on a day that falls on a designated holiday
shall be compensated up to ten (10) hours of holiday pay. Temporary and seasonal employees are not
eligible for holiday compensation or holiday differential pay.
b. The leave banks will be populated during the first payroll in January. New hires will receive a prorated
number of hours based upon their hire date.
1948630.4 76
USE OF HOLIDAY LEAVE:
a. If a designated holiday falls on a scheduled work day, employees will be required to use their holiday
leave to cover their scheduled work hours. Employees required to work on a designated holiday due to
business need, or who are not scheduled to work on a designated holiday, will not be required to utilize
their holiday leave. If an employee works a partial day, he/she shall utilize holiday bank hours to cover
hours not worked. Any holiday leave hours not used for designated Town holidays shall be considered
floating holiday leave.
b. Floating holiday leave shall be approved to be used at such a time that is mutually agreeable to the
employee and the employee’s supervisor. Holiday leave will not be available for use on an unplanned or
call-in basis.
c. Holiday leave must be used in full day increments, unless you work a partial day on a designated holiday.
A full day will be considered the number of hours scheduled for the day that the leave was taken (e.g.
employee was scheduled to work ten hours on a holiday, ten hours of holiday pay would be utilized). In
the event that the employee does not have enough holiday hours in her/his bank to cover a full day’s
absence, vacation hours will be used to make up the difference.
d. In the event that a non-exempt employee does not have either holiday hours or vacation hours to cover a
designated holiday, they will not be paid for that holiday.
e. Holiday hours must be used by December 31 of each year or will be forfeited. There will be no “cash out”
or carryover of holiday hours.
f. All holiday hours not taken prior to the last day of employment with the Town shall be forfeited.
HOLIDAY COMPENSATION:
a. Holiday hours will count toward hours worked for purposes of overtime for hourly employees.
b. In the event an employee is on paid leave when a holiday occurs, the employee shall receive no pay in
addition to holiday pay. Therefore, the employee shall not be charged with applicable paid leave time (i.e.
vacation or sick leave) for that day.
c. An employee must be in an authorized paid status on the working day immediately preceding the holiday
and the working day immediately following the holiday in order to receive pay for the particular holiday.
d. Non-exempt employees required to work on a scheduled holiday will be paid holiday pay plus their
regular rate of pay for each hour worked (equals 2X their regular hourly rate of pay).
1948630.4 77
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: SICK LEAVE
POLICY NO: 905
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use sick leave
and to provide for the compensation of unused sick leave upon separation from Town service.
STATEMENT OF POLICY: Sick leave is part of the integrated program of benefits for Town employees.
Such leave is intended for use only under specific conditions as set forth in this policy.
SCOPE: All full-time Town employees are eligible to earn sick leave for each hour in a paid status. Part-
time employees who work a minimum of 20 hours per week on a regularly scheduled basis accrue Paid Time
Off (See Policy 903 – Vacation Leave). Temporary and seasonal employees do not earn sick leave or PTO.
PROCEDURE: Sick leave is earned from the first day of employment. Use of sick leave and PTO (solely for
sick leave purposes) is permitted during the initial introductory employment period with the Town. Full-time
employees will earn sick leave at the rate of 4.0 hours biweekly. Sick leave is earned for hours worked or in a
paid status. Accumulation of sick leave shall not exceed 960 hours for full-time employees.
Use of sick leave hours or PTO for sick leave purposes shall not be considered a right but rather a privilege
and shall be allowed only under the following conditions:
1. Personal illness or physical incapacity resulting from causes beyond the control of the employee.
2. Medical or dental appointments of the employee.
3. Through exposure to contagious disease and possible endangering of others on duty, a physician
certifies that the employee’s presence jeopardizes the health of others.
4. To attend to a person who is a continuous resident in the employee’s immediate household, whose
illness or physical incapacity requires the employee’s presence.
Any employee who abuses sick leave or PTO for sick leave purposes will be subject to disciplinary action.
Actions that may lead to disciplinary action include, but are not limited to, falsifying illness or reasons for
using leave, unsubstantiated excessive use and not complying with the authorization requirements above. The
Town of Fountain Hills sets a standard of more than five (5) sick incidents per year to be excessive.
Consecutive days of illness are counted as one incident.
Employees will be permitted to use sick time or PTO in incremented units of one-half (1/2) hour or more, in
any one day. Sick time or PTO shall not be advanced to an employee nor may sick time or PTO be transferred
between employees.
1948630.4 78
If the employee has an accrued sick or PTO balance, the sick time or PTO must be paid out before any unpaid
time off is approved. Neither sick leave hours nor PTO will count toward hours worked for purposes of
computing overtime.
Employees with 10+ years of continuous full-time service who have a minimum of 480 banked sick time hours
will qualify for a payout of 240 hours upon separation of service for any reason other than involuntary
termination. Employees with 15+ years of continuous full-time service who have a minimum of 720 banked
sick time hours will qualify for a payout of 480 hours upon separation of service for any reason other than
involuntary termination. Sick leave will not be paid out at separation of service under any other
circumstances.
Sick leave will not accrue for any payroll period during which an employee is absent for more than six (6)
working days, except for absences during which the employee is being paid for accrued vacation time,
personal time, sick time, and holidays. Sick leave should be treated as a form of insurance and not as extra
days off from work.
1948630.4 79
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: MILITARY LEAVE
POLICY NO: 906
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide for military duty in accordance with the Uniformed Services Employment and
Reemployment Rights Act (USERRA) and Arizona law.
SCOPE: This policy applies to all Town employees.
STATEMENT OF POLICY: The Town of Fountain Hills will grant a military leave of absence to
employees who are absent from work because they are serving in the U.S. uniformed services in accordance
with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees must give
their supervisors advance notice of upcoming military service, unless military necessity prevents advance
notice or it is otherwise impossible or unreasonable.
An employee’s salary will not continue during military leave unless required by law. However, an employee
may use any available accrued paid time off, such as vacation or sick leave, to help pay for the leave.
Reservists in any branch of the Armed Forces and members of the National Guard will be granted time off for
military training. Such time will not be considered vacation time. However, employees may also elect to have
their training duty period be considered as vacation time to the extent they have such time available.
Continuation of health insurance benefits is available as required by USERRA based on the length of the leave
and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise
eligible.
If an employee is on military leave for up to 30 days, he/she must return to work on the first regularly
scheduled work period after service ends (allowing for reasonable travel time). If an employee is on military
leave for more than 30 days, he/she must apply for reinstatement in accordance with USERRA and applicable
state laws.
Employees returning from military leave (depending on the length of military service in accordance with
USERRA) will be placed either in the position they would have attained if they had stayed continuously
employed or in a comparable position. For the purpose of determining benefits that are based on length of
service, employees will be treated as if they had been continuously employed.
Questions about military leave should be direct to the Human Resources Administrator.
1948630.4 80
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: PERSONAL LEAVE (OPTIONAL)
POLICY NO: 907
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills provides full-time employees with personal leave time. Full-time employees
hired before July 1st are eligible for thirty (30) hours of personal leave time during their first calendar year of
employment and 30 hours each year thereafter. Full-time employees hired after July 1st but before October 1
are eligible for twenty (20) hours of personal leave time during their first calendar year of employment and
thirty (30) hour of personal leave time each year thereafter. Employees hired on or after October 1st do not
receive any personal leave time within the balance of the calendar year, but are to receive thirty (30) hours of
personal leave time each year thereafter.
Personal leave time will be deducted from the employee’s sick leave balance. If an employee does not have
enough hours in their sick leave bank, they will not be eligible for a personal leave. There will be no carryover
from year to year of personal days. Terminating employees are not eligible to be paid for unused personal
leave time.
Personal leave time must be scheduled in advance whenever possible and approved by the employee’s
supervisor.
1948630.4 81
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: 401A RETIREMENT PLAN
POLICY NO: 908
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills does not deduct Social Security taxes from full-time benefited employees’
paychecks. Instead, the Town of Fountain Hills has a mandatory 401A Retirement Plan. This plan is
administered by a registered third party administrator. Eligible employees will contribute 11 % of their gross
pay to their retirement account. Employee contributions are not subject to federal and state taxes and may
grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions
are 100% vested. The Town of Fountain Hills will also contribute 11% of the eligible employee’s gross pay.
The Town’s contributions are subject to a vesting schedule as follows:
Years of Vesting Service % Vested
1 YR. 20%
2 YR 40%
3 YR 60%
4 YR 80%
5 YR 100%
Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills
will provide periodic briefings with a representative of the third-party administrator.
1948630.4 82
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: DEFERRED COMPENSATION
POLICY NO: 909
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills provides an optional deferred compensation plan for all employees. Employees
become eligible on their first day of employment. This plan is administered by a registered third party
administrator. Employee contributions are not subject to federal and state taxes and may grow tax deferred
until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested.
There is no employer match of contributions.
Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills
will provide periodic briefings with a representative of the third-party administrator.
1948630.4 83
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: EMPLOYEE ASSISTANCE PROGRAM
POLICY NO: 910
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Employee Assistance Program (EAP) was established to provide professional, confidential assistance for
any type of personal problem. The program is designed to encourage early intervention and awareness of such
problems and to offer help at the earliest opportunity. Employees are responsible for their performance and for
taking constructive action to resolve any personal problems that affect or threaten to affect their on-the-job
behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance
and bringing these instances to the attention of the employee, along with an offer of assistance, at the earliest
indication of a recurrent problem.
Utilization of the EAP is most times on a voluntary basis. If an employee is referred by a member of
management as a condition of continued employment, utilization is mandatory. In the case of mandatory
utilization, the only information the Town of Fountain Hills will receive is that the employee is in the program,
cooperating, and making his/her appointments. The decision to seek or accept assistance through the EAP will
not adversely affect an employee’s job security or advancement opportunities. However, participation in the
EAP in no way relieves the employee of the responsibility to meet acceptable work performance and
attendance standards.
All full-time employees and benefit-eligible dependents are eligible to receive assistance through the EAP.
The EAP will not reveal any information that the individual discloses to the EAP except in the following
circumstances:
• The employee consents in writing;
• The law requires disclosure; or
• It is believed that life or safety is threatened by nondisclosure.
1948630.4 84
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: MISCELLANEOUS LEAVE WITH PAY
POLICY NO: 911
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy for Town employees to provide for leave with pay for Jury Duty, Witness
Duty, Voting, Bereavement, and Administrative Leave.
SCOPE: This policy applies to all Town employees.
STATEMENT OF POLICY:
Jury Duty/Witness Service - Full-time, part-time, or temporary employees called to serve on a jury will be
paid for the day or days in which the court requires attendance if they were scheduled to work that day. Full-
time, part-time, or temporary employees called to testify as a voluntary witness at the request of the Town of
Fountain Hills (by subpoena or otherwise) will be paid for the day or days in which the court requires
attendance. If employees are subpoenaed to appear in court as witnesses, but not at the request of the Town of
Fountain Hills, they will be excused from work in order to comply with the subpoena but will not be paid for
the time.
Employees must present any summons to their supervisor on the first working day after receiving the notice.
If an employee is not required to serve on a day he/she is normally scheduled to work or if the employee is
excused before serving four hours of jury duty, he/she is expected to report to work.
Employees may keep any compensation they are paid for jury duty or witness service. They will be paid their
straight time base rate of pay for all hours missed due to jury duty or witness service on behalf of the Town of
Fountain Hills in addition to any compensation received from the court. Compensation for witness service
will only be paid if the employee is summoned for witness service by the Town of Fountain Hills.
Voting – The Town of Fountain Hills encourages its employees to participate in the election of government
leaders. Therefore, if an employee does not have sufficient time outside their regular work hours to vote,
adequate time off will be allowed at the beginning or end of the workday to exercise this right. If possible,
employees should make their requests at least forty-eight (48) hours in advance of Election Day. The
employee may wish to inquire of their Registrar of Voters about the possibility of voting by absentee ballot.
Every effort should be made to vote either before or after the employee’s normal workday.
Bereavement Leave - The Town of Fountain Hills recognizes the need for time away from work in instances
of personal loss. Should a death occur in the immediate family of any full-time employee, he/she will be
granted a paid leave of absence, not to exceed three (3) days. If employees need time in excess of three days,
they may use accrued vacation, PTO, or personal leave time with the approval of their supervisor and the
Human Resources Administrator.
Immediate family for the purpose of such leave is defined as spouses, children, stepchildren, grandchildren,
parents, grandparents, siblings and in-laws.
1948630.4 85
Payment for bereavement leave is at the employee’s straight time rate of pay. Vacation days, PTO, or personal
days may be granted to attend the funerals of other close relatives or friends upon approval by the employee’s
supervisor. Time off without pay will only be considered if the employee does not have vacation, PTO, or
personal days available.
To be eligible for the excused absence and pay provisions of this policy, employees are to request bereavement
leave through their supervisor no later than the first scheduled workday following the death of an immediate
family member.
The Town of Fountain Hills reserves the right to request all pertinent information including deceased relative’s
name, the name and address of the funeral home, and the date of the funeral.
Administrative Leave - Such leaves with pay are granted by the Town Manager, or designee, in emergency
conditions such as weather, fire, or flood; in a declared state of emergency or disaster; or for reasons, either
collective or individually, deemed for the good of the Town as determined by the Town Manager.
1948630.4 86
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: LEAVES OF ABSENCE WITHOUT PAY
POLICY NO: 912
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the conditions under which Town employees may be granted leaves of absence
without pay.
SCOPE: This policy applies to full-time Town employees in regular classified status.
PROCEDURE: Leaves of absence without pay for non-disability reasons will be considered first under the
Family and Medical Leave Act (FMLA) Policy (Policy 915). Should the request for leave fail to meet the
criteria specified under the FMLA policy, only then will a leave without pay be considered. Generally, a leave
without pay shall not exceed two (2) calendar weeks. A longer leave of absence may be granted only under
extreme circumstances. Requests for such leave must be made in writing to the employee's immediate
supervisor. Requests for leave without pay will not be granted until the employee has exhausted available
leave with pay to include vacation, PTO, sick leave, personal leave and FMLA leave. If the immediate
supervisor approves the leave, approvals must also be obtained from the Department Head and Town
Manager.
Leave of absence without pay may be granted for the following purposes:
1. Education
2. Travel
3. Care of a disabled person
4. Temporary employment by another public agency within the United States, its territories or
possessions
5. Religious activities (non-compensated)
6. Peace Corps Duty (special two-year limitations).
Employees on approved leave without pay may elect to continue group insurance coverage while on such
leave. Employees on qualifying FMLA leave will continue to pay the employee's share of any health insurance
premium. Employees on unpaid leave (but not FMLA) must bear the entire cost and remit both the employee
and Town portions of the premiums to the Human Resources Department on a monthly basis. If such payments
are not made in a timely manner, coverage will be terminated.
The Town is not obligated to hold the employee's position open while the employee is on leave without pay.
However, should the leave without pay be granted under the FMLA policy, that policy will govern the
employee's return to work. The position may be filled on a temporary or regular basis. An employee's right to
return to a position, either covered or uncovered, in the Town from a leave without pay shall be conditioned on
the availability of an appropriate position and sufficient funding.
1948630.4 87
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: TUITION REIMBURSEMENT
POLICY NO: 913
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide a means of assistance for Town of Fountain Hills employees to obtain job related
education.
STATEMENT OF POLICY: The Town of Fountain Hills encourages employees to further their
development and skills through continuing education. Employees who meet the eligibility requirements stated
herein shall be reimbursed for approved courses, in an approved course of study by an accredited school,
college, or university. For purposes of this policy, accredited refers to accreditation provided by a body
recognized by the US Department of Education.
The maximum amount of reimbursement is based on an employee’s years of service and is subject to
availability of appropriate funds on a fiscal year basis. The maximum annual reimbursement amount for
undergraduate courses is $2,000 during the second year of service and $3,000 during the third year and each
year thereafter. The maximum fiscal year reimbursement amount for graduate courses is $3,000 during the
second year of service and $3,500 during the third year and thereafter. Reimbursable expenditures include
tuition only. Administrative fees, laboratory and technical fees, required textbooks, incidental fees such as
parking permits, supplies, recreation fees/activity fees are not covered under this plan.
Tuition reimbursement is available to eligible employees pursuing advanced education in a field which is
directly related to their duties performed for the Town.
SCOPE: All full-time regular post-introductory employees who have completed a minimum of twelve (12)
months of paid continuous service.
PROCEDURE:
Definitions:
1. “Allowable amount” is approved by the Finance Division based upon budgeted funding and the criteria set
forth within this policy. The determination of the allowable amount is made prior to the beginning of each
academic semester. Funds in excess of those approved in the Town’s budget are not expended without
prior Town Manager approval.
2. “Fiscal Year” is defined as July 1st through June 30th.
3. “Tuition Year” is determined by the date the course is completed, not when payment is made. Example: A
course is completed 6/10/12 and the grade report along with detailed invoices is submitted on 6/26/12. The
check for reimbursement is dated 7/5/12. Reimbursement monies are recognized as being reimbursed in
prior fiscal year.
1948630.4 88
Eligibility Requirements - Individual courses as well as degree programs (under graduate and graduate) may
be considered for assistance under this program if they meet the following requirements:
1. The course must be related to the employee's current job or future career growth with the organization. If a
degree program is approved, all courses necessary to obtain the degree are eligible for reimbursement even
if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application
must be submitted and approved prior to the beginning of each course under the degree program (see
Reimbursement below).
2. Courses must be taken from an accredited school, college, or university. Accredited refers to accreditation
provided by a body recognized by the US Department of Education.
3. Work schedules are not reduced for participating employees. Courses must be taken outside of the
employee's normal work hours.
4. All course homework must be completed during non-scheduled work hours.
Reimbursement - To be eligible to receive reimbursement, the following must be satisfied:
1. A completed Tuition Reimbursement Application, including the Department Head’s signature of approval,
must be provided to the Finance Director prior to registration no less than thirty (30) days prior to the first
session of class.
2. The employee must be actively employed by the Town of Fountain Hills in a fulltime status at the time the
course is completed and when the employee receives the final grade.
3. The actual amount of reimbursement is dependent on funding availability and total dollar amount
requested for reimbursement. Reimbursement will be made upon successful completion of the course (a
grade of “C” or better or a “pass” for a pass/fail course).
4. Proof of satisfactory completion and detailed invoices must be submitted to the Finance Director.
Approvals Required – All requests for Tuition Reimbursement require the approval of the employee’s
Department Head.
1. All required approvals must be satisfied prior to registering for or enrolling in requested course(s).
Requests received after registration or enrollment are not eligible for reimbursement.
Note: A new Tuition Reimbursement Application must be submitted and approved prior to taking any and
all courses for which the employee requests tuition reimbursement, including those that are taken as part of
a previously approved degree program.
2. The Town Manager will review the request and approve or disapprove the reimbursement request based on
the job-relevance of the request, potential benefit to the Town, and funds available.
Note: A set funding amount is allocated to this program on a fiscal year basis. For that reason, funds are
distributed on a “First Come – First Serve” basis at time of application.
1948630.4 89
Procedure:
1. All requests for tuition reimbursement must be submitted on a Tuition Reimbursement Application (see
Exhibit 913-A).
2. All requests must include identification of the agency accrediting the college and a description of the
course(s). Both of these may be photocopied from the school catalog. For degree programs, a copy of the
requirements for the degree must be submitted, including a list of all required courses. As above, a
photocopy from the school catalog will generally suffice.
3. Upon final approval or disapproval, a copy of the Application is returned to the requesting employee and
Department Head.
4. Upon successful completion of the course, the employee shall re-submit his/her copy of the Application to
Human Resources, along with proof of successful completion (grade report) and detailed invoices for
reimbursement within thirty (30) days of completion of the class(s).
Separation from Employment - It is anticipated that the employee and the Town of Fountain Hills will both
benefit from employee development activities and the organization's financial investment in such activities.
Consequently, if an employee who has received financial assistance under this program separates from Town
employment for any reason within 24 months after receiving reimbursement, an amount is withheld from the
final paycheck according to the following schedule:
Date of Separation from Employment Reimbursement % Withheld
Through 6 months from reimbursement 100%
7 through 12 months from reimbursement 75%
13 through 18 months from reimbursement 50%
19 through 24 months from reimbursement 25%
Tuition reimbursement may be paid prior to completion of requested courses, but only on an exception basis.
The employee must furnish an explanation of need that would justify payment in advance, and an affirmative
endorsement by the individual’s Department Head prior to consideration. Each request for exception will stand
on its own merits.
Nothing in this policy, the application for assistance under this program, or any other document shall be
construed to imply a contract or term of employment for any period or in any way to modify the employment-
at-will relationship between the Town of Fountain Hills and the employee.
1948630.4 90
EXHIBIT 913-A
TUITION REIMBURSEMENT APPLICATION
You must meet eligibility requirements and receive all required approvals before registering for or enrolling in
course(s) to be approved for tuition reimbursement. (Refer to the Tuition Reimbursement Policy for details)
SECTION I – PREAPPROVAL FOR TUITION REIMBURSEMENT
DATE: _____________________
EMPLOYEE NAME: _______________________DATE OF EMPLOYMENT: _____________
JOB TITLE: ___________________________________________________________________
(ELIGIBILITY – Full-Time post probationary employee and completed 12 months of paid continuous
service)
_________________________________________________________________________________________
______________________________________________
SCHOOL NAME:_______________________________________________________________
(ELIGIBILITY – Universities and colleges must be accredited by a body recognized by the US Dept of
Education)
DEGREE PROGRAM: ___________________MAJOR COURSE OF STUDY:_____________
ACADEMIC SEMESTER (Circle One): Fall Winter Spring Summer
COURSE TITLE: ________________________COURSE START DATE: _________________
(ELIGIBILITY – Course must be related to the employee’s current job or future career growth with the
organization. If a degree program is approved, all courses necessary to obtain the degree will be eligible
for reimbursement, even if the course is not directly related to the employee’s job. However, a Tuition
Reimbursement Application must be submitted and approved prior to the beginning of each course
under the degree program. It is understood that there are repayment provisions if you should leave
employment within 24 months of receiving reimbursement.)
REQUIREMENT: You must attach identification of the agency accrediting the college and a description
of the course(s). Both of these may be photocopied from the school catalog. For degree programs, a copy
of the requirements for the degree must be submitted, including a list of all required courses. As above,
a photocopy from the school catalog will generally suffice.
REQUESTED AMOUNT: $_______________________________
EMPLOYEE’S SIGNATURE: _____________________________ DATE:_________________
DEPT HEAD’S SIGNATURE: _____________________________DATE:_________________
TOWN MANAGER’S SIGNATURE:________________________DATE:________________
*****************************************************************************
1948630.4 91
SECTION II – TUITION REIMBURSEMENT REQUEST
COMPLETION DATE OF ABOVE COURSE: _______________GRADE RECEIVED:______
(ELIGIBILITY – A grade of “C” or higher (“pass” in a pass/fall system) must be attained to receive the
reimbursement.)
TUITION REIMBURSEMENT AMOUNT: $___________________
REQUIREMENT: Upon successful completion of the course, employee shall resubmit his/her copy of
Application, along with proof of successful completion (grade report) and detailed invoices (receipts) to
Human Resource for reimbursement.
******************************************************************************
SECTION III – HR ONLY
APPROVED REIMBURSEMENT AMOUNT TO EMPLOYEE: $______________________________
TOWN MANAGER’S SIGNATURE: _____________________________DATE: _________________
1948630.4 92
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: TRAINING FUNDING
POLICY NO: 914
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To maximize the return on investment for Town funded, job-related training outside the scope of
the Tuition Reimbursement Policy 913.
STATEMENT OF POLICY: The Town seeks to assist employees in obtaining job related training to
enhance the personal skills of the employee in areas that are beneficial to Town operations.
SCOPE: This guideline applies to all Town employees. Town employees who attend job-related training
may, at the discretion of the Town Manager, have some or all of their expenses paid for through Town funds,
including travel, accommodations, auto rental, attendance and required material fees, up to a maximum of
$1,500 per fiscal year.
PROCEDURE: Employees who attend a training event that costs $1,000 or more (minus wages, but inclusive
of expenses incurred from travel, per diem, lodging, auto rental, attendance and material fees) will be required
to sign an agreement stating that if he or she separates voluntarily from Town employment within one year
following the conclusion of the training, an amount based upon the total will be withheld from the final
paycheck according to the following schedule:
Date of Separation Percentage Withheld
Up to 90 days following conclusion 100%
91 to 180 days following conclusion 50%
181 to 365 days following conclusion 25%
The original signed agreement will be forwarded to the Human Resources Office for inclusion in the
employee's personnel file. Under special circumstances, the repayment requirement provision of this guideline
may be waived at the discretion of the Town Manager. Nothing in this policy implies any type of contract with
respect to continued employment, or limits the rights of the Town to terminate any individual in accordance
with Town policy.
1948630.4 93
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: FAMILY & MEDICAL LEAVE ACT (FMLA)
POLICY NO: 915
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills’ family and medical leave policy is available to employees with at least twelve
(12) months of service and who have worked at least 1,250 hours within the preceding 12-month period. If
eligible, an employee may be able to take up to twelve (12) weeks of unpaid leave during the calendar year
(based on a 12-month rolling calendar) for the following reasons:
• The birth of a child or to care for a child within the first 12 months after birth:
• The placement of a child with the employee for adoption or foster care within the first 12
months of placement;
• To care for an immediate family member who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the functions of
his/her position.
When requesting leave, the employee must provide his/her supervisor and Human Resources with at least 30
days of advance notice whenever possible. Medical certification will be required if the leave request is for the
employee’s own serious health condition or to care for a family member’s serious health condition. Failure to
provide the requested medical certification in a timely manner may result in denial of the leave until it is
provided. Because the Town wishes to ensure the well-being of all employees, any employees returning from
FMLA for his/her own serious health condition will need to provide a Fitness for Duty statement signed by
his/her treating physician. An employee failing to provide a Fitness for Duty statement will not be permitted
to resume work until it is provided. Qualifying FMLA leave will not be counted as an absence under the
organization’s attendance policy.
The Town of Fountain Hills, at its expense, may require an examination by a second health care provider
designated by the Town of Fountain Hills.
The Town of Fountain Hills will maintain health care benefits for the employee while on FMLA leave, but the
employee is responsible for paying the normal monthly contribution. If the employee elects not to return to
work at the end of the leave period, the employee will be required to reimburse the Town for the cost of
premiums paid for maintaining coverage during the leave period. All other benefits cease to accrue during the
unpaid portion of the leave.
Employees must use any accumulated sick, vacation, or personal time to the extent available during this leave
period, unless such leave is covered under Workers’ Compensation, in which case the employee may only use
accumulated leave time for the purpose of satisfying any waiting period. Absences in excess of these
accumulated days will be treated as leave without pay. Upon return from leave, the employee will be restored
to his/her original or an equivalent position. If an employee fails to return at the end of the FMLA leave, the
employee will be considered to have voluntarily resigned his/her position with the Town of Fountain Hills.
1948630.4 94
If the employee and his/her spouse both work for the Town of Fountain Hills, they are both eligible for leave.
In cases other than the employee’s own serious health condition, the total leave period for the employee and
the employee spouse may be limited to 12 weeks total (combined).
It may be medically necessary for some employees to use intermittent FMLA leave. The organization will
work with employees to arrange reduced work scheduled or leaves of absence in order to care for a family
member’s serious medical condition or their own serious medical condition. Leave because of the birth or
adoption of a child must be completed within the 12 month period beginning on the date of birth or placement
of the child. It may not be taken intermittently without special permission from Human Resources.
If an employee requests an extension of leave beyond the 12-week period because of his/her own serious
medical condition, the employee must submit medical certification of a continued serious health condition in
advance of the request. The Town of Fountain Hills will review such requests on a case-by-case basis in order
to determine whether it can reasonably accommodate such a request. Reinstatement is not guaranteed when
granted extended leave and will depend upon the business needs of the organization.
When state and local laws offer more protection or benefits, the protection or benefits provided by those laws
will apply.
1948630.4 95
Exhibit 915-A
Family and Medical Leave Request/Notification
Employee Name ______________________________________ ____________________________
(Last, First, MI) Security Number
Department Work Telephone ____________________________________
Dates of Leave Actual Anticipated
From_________________________________ To_________________________________
Reason for Leave (check all that apply)
Birth of my child or care for my newborn child or placement of my child for adoption or foster care.
To care for my spouse, child or parent with a serious health condition.
Intermittent Reduced Work Schedule Full-time Leave
A serious health problem which makes me unable to work.
Intermittent Reduced Work Schedule Full-time Leave
Describe the medical necessity for intermittent or reduced work schedule.
Describe when time off or what change in work schedule will be required.
I hereby certify that all of the statements contained herein are true to the best of my knowledge. I
understand that omissions or misuse of this law may cause rejection of my leave request and/or
disciplinary action.
___________________________________________________ _______________________________
Employee’s Signature Date
EMPLOYEE - DO NOT WRITE BELOW THIS LINE
1948630.4 96
Eligibility Verification by the Supervisor
On all requests for FMLA - Within 2 days verify with payroll and the Human Resources Office that the
employee has been employed by the Town for 12 months, worked 1250 hours in the last year, and the number
of hours of FMLA that have been taken in the preceding 12 months from the effective date of this request does
not exceed 12 weeks. If ineligible, sign and return to employee. If eligible, sign and forward to appropriate
authority for final signature.
Eligible for ______ weeks in accordance with this request.
Ineligible Insufficient months of work Insufficient hours of work
FMLA entitlement exhausted for the 12 month period. _________ weeks of FMLA have been taken
within 12 months. Will be eligible: ________________________
______________________________________________ ____________________________________
Verifying Authority Signature Date
Human Resources Office - I have reviewed medical documentation submitted and find the health condition
described therein to meet the requirements for approval of FMLA. (Within 2 days forward the FMLA Request
to the Town Manager for signature.)
_______________________________________________ ___________________________________
Personnel Liaison Signature Date
Final Acknowledgement
Approved Disapproved
________________________________________________ __________________________________
Town Manager's Signature Date
Distribution:
Original - Employee Medical File
Copy – Employee
1948630.4 97
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: COBRA
POLICY NO: 916
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To establish a policy governing continuation of benefits.
SCOPE: All eligible employees.
STATEMENT OF POLICY: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA)
helps employees and their dependents to continue their health insurance even if they are no longer eligible
under the Town’s health plan.
There are strict rules about when an employee can use COBRA. COBRA lets an eligible employee and
dependents choose to continue their health insurance when a "qualifying event" happens. Qualifying events
include the employee's resignation, termination, leave of absence, shorter work hours, divorce, legal
separation, or death. Another qualifying event is when a dependent child stops being eligible for coverage
under the employee’s health insurance.
An employee who continues insurance under COBRA will pay the full cost of the insurance at the Town’s
group rates plus an administration fee. When you become eligible for our health insurance plan, we will give
you a written notice describing your COBRA rights. Because the notice contains important information about
your rights and what to do if you need COBRA, be sure to read it carefully.
PROCEDURE: Participants and their qualified beneficiaries are notified of their COBRA rights upon initial
enrollment in group health coverage. Because the notice contains important information about rights and what
to do if COBRA is needed, be sure to read it carefully. Those rights and responsibilities are incorporated into
this Policy.
1948630.4 98
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: Service Awards
POLICY NO: 917
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills has established a Service Award Program to honor employees at certain
times during their years of service to the Town. All part-time and full-time employees are eligible.
Awards will be issued to employees completing five (5) years of service. Additional service awards
will be issued at five year intervals.
Employees will be recognized for their years of service at a Staff Meeting.
1948630.4 99
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: TRAVELING ON OFFICIAL BUSINESS
POLICY: TRAVEL TIME
POLICY NO: 1001
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a set of uniform guidelines for the compensation of employees during periods of
business related travel.
STATEMENT OF POLICY: It shall be the policy of the Town of Fountain Hills to comply with applicable
provisions of the Fair Labor Standards Act as it relates to the compensation of employees during periods of
business-related travel.
Commute Time
An employee who travels from home before the regular workday and returns to his/her home at the end of the
workday is engaged in ordinary home to work travel, which is not work time.
If an employee who regularly works at a fixed location in one town is given a special one day assignment in
another town or city and returns home the same day, the time spent in traveling to and returning from the other
town or city is work time, except that the Town will deduct the time the employee would normally spend
commuting to the regular work site.
Travel During the Workday
Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site
during the workday, is work time and will be counted as hours worked.
The Town allows employees to attend conferences and general educational activities for personal growth and
as a fringe benefit. Travel to and from professional conferences for career advancement, where the employee
does not engage in an activity directly related to the employee's "principal activity" and where attendance is
voluntary, is not compensable.
Out-of-Town Travel
Travel away from home that involves an overnight stay will be work time when it cuts across the employee’s
workday. The time will be hours worked on regular workdays during normal working hours and during
corresponding hours on nonworking days. The Town will not count time spent in travel away from home
outside working hours as a passenger on an airplane, train, boat, bus, or automobile as work time.
1948630.4 100
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: MEMBERSHIP IN PROFESSIONAL AND CIVIC ORGANIZATIONS
POLICY NO: 1101
EFFECTIVE: October 7, 2004
REVISED:
Membership in a professional organization is valuable to our employees as well as to our organization. The
Town of Fountain Hills will pay the annual membership fee required for an employee to belong to job-related
professional organizations that are approved in the annual budget. The Town of Fountain Hills will also pay
the fees required for employees to maintain and/or obtain professional designations that are directly related to
their jobs and that are approved in the annual budget. A department director must approve in writing any
exceptions to these limits. The Town of Fountain Hills cannot pay for student memberships in professional
organizations.
If membership in a professional or civic organization or a professional designation is not job related but is
beneficial to an employee and our organization, the employee may request that his/her dues be paid for by the
Town of Fountain Hills. The employee should make a written request to his/her department director. The
employee will be advised in writing whether any, or all of the dues, will be paid by the Town of Fountain
Hills.
The Town of Fountain Hills will also pay expenses associated with attending periodic job related meetings,
conferences and seminars sponsored by professional organizations that are approved in the annual budget.
1948630.4 101
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: USE OF TOWN VEHICLES BY TOWN EMPLOYEES
POLICY NO: 1102
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for the appropriate use of Town vehicles. Each Town Department shall
adopt this regulation or may adopt more stringent guidelines with the written permission of the Town
Manager.
STATEMENT OF POLICY:
SCOPE: All personnel driving Town vehicles shall have a valid State of Arizona Driver’s License with the
appropriate license classification for the type of vehicle they are operating, acquire a complete knowledge and
understanding of vehicular operations, and obtain all necessary approvals from Risk Management required to
operate the vehicle. If a Town employee should lose their driver’s license for any reason, that employee shall
notify their supervisor at the beginning of the next working shift. The responsibility for assuring complete
compliance with the provisions of this regulation rest with the Department Head, supervisors at all levels, and
the individual employees involved.
PROCEDURES:
A. The use of Town vehicles shall be restricted to official business, subject to the following guidelines:
1. Transporting of passengers shall be limited to Town employees, persons in an advisory capacity to the
Town, persons participating in approved Town programs, and other agency representatives on Town
business.
2. Employees assigned a Town vehicle for use during their normal workday schedule may use the
vehicle during normal work hours to either go home or to a restaurant for lunch if their personal
vehicle is not readily available. Employees assigned a vehicle for use during their normal workday
schedule are to exercise discretion in its use. Town vehicles may not be used for personal business.
3. Alcoholic beverages shall not be consumed or transported in Town vehicles nor shall Town employees
have consumed any alcohol or any substance (as defined by the Town’s Drug Free Work Environment
Policy) before or while operating the vehicle. Under no circumstances shall any Town employee who
registers a positive blood alcohol level be permitted to operate any Town vehicle or heavy equipment.
4. It is inappropriate for a Town vehicle to be parked in front of certain types of businesses, such as a
liquor store or bar unless the vehicle is being used to conduct official Town business, such as an
inspection. Considerable discretion should be exercised when using the vehicle for the purposes noted
in this paragraph.
1948630.4 102
B. Department Heads may assign Town vehicles for overnight use under the following circumstances:
1. To employees who are frequently required to use a Town vehicle at night, during the weekend, or if
they have substantial emergency responsibilities. This does not include employees whose homes are
outside Fountain Hills unless the Town’s emergency response or other important Town business
would be greatly facilitated.
2. In situations where the conduct of Town business can be facilitated by overnight use of a Town
vehicle by an employee who normally does not keep a Town vehicle overnight.
3. To any number of employees rotating a specific assignment and vehicle at night or on weekends.
4. All employees making overnight trips with a Town vehicle must have prior approval of their
Department Head as denoted on a Travel Authorization form.
C. Town vehicles shall be operated in a responsible, safe manner, as outlined below:
1. Seat belts shall be worn by all employees and passengers using a Town vehicle and the vehicle shall
not be operated until all vehicle occupants have buckled their seat belt.
2. Town vehicles shall be driven in compliance with motor vehicle laws.
3. Employees are personally responsible for the prompt and proper reporting to their supervisor, and
payment, of fines for any citations received while using a Town vehicle. Under no circumstances are
these citations to be paid for by the use of Town funds. All moving traffic citations shall be reported
within three (3) working days to the appropriate Department Head.
4. All employees who operate a Town vehicle shall become familiar with policies and procedures
relating to the reporting of accidents. Employees involved in an accident may be required to submit to
a test for drugs or alcohol, including possible urine or blood screening. Such tests would be conducted
in accordance with Town regulations as outlined under the Drug Free Work Environment Policy and
Town of Fountain Hills Personnel Rules.
5. Employees operating Town vehicles are responsible for keeping them clean and litter free. Employees
assigned to a specific Town vehicle on a regular basis are also responsible for ensuring the vehicle is
in good working order at all times. Any known defects or malfunctions of a Town vehicle are to be
reported promptly to the Fleet Mechanic.
6. Routine maintenance and repair of Town vehicles will be supervised through the Fleet Mechanic
employed by the Town of Fountain Hills.
7. Fuel cards shall remain in Town vehicles at all times and should be stored in the glove compartment.
1948630.4 103
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: USE OF TOWN PREMISES, PROPERTY AND MATERIALS
POLICY NO: 1103
EFFECTIVE: October 7, 2004
REVISED:
Meetings held on the Town of Fountain Hills’ premises must be for the purpose of conducting business.
Meetings for other purposes are strictly forbidden.
The use of business stationery and/or the Town’s postage meter for personal correspondence is strictly
forbidden. The personal use of its facsimile or copying machines also is forbidden without first receiving
management approval and reimbursing the Town of Fountain Hills at the current prevailing rates.
Sending or receiving personal mail at the Town of Fountain Hills’ address is strongly discouraged because it
adds to an already enormous mail volume.
No product or materials, including that put in any trash container, is to be removed from the buildings except
by authorized personnel. Anyone who removes product or materials without proper authority will be
terminated.
1948630.4 104
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: ELECTRONIC MAIL AND SCHEDULING SYSTEM
POLICY NO: 1104
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and
lawful use of the Town of Fountain Hills electronic mail (email) system.
SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized
temporary employees, contractors, and third parties who have access to the Town electronic mail system.
DEFINITIONS:
1. "Archive" means that electronic mail files will be moved from the current location and placed in an
archive file that can be accessed by the employee. This helps facilitate improved response time within the
electronic mail system.
2. "Electronic Mail (e-mail)" is any transmission of messages, including attachments and imbedded objects,
across the Town of Fountain Hills computer information network by electronic means, including but not
limited to commercial and electronic mail applications, operating systems messaging capabilities and
internet mail.
3. The "I/T Coordinator" is the person responsible for maintaining departmental electronic mail applications
and/or directories.
4. "Formal Communications" are communications of any kind pertaining to public business which must be
preserved as a public record.
5. "Intellectual Property" includes rights and products of the mind or intellect, arising under any law,
including, but not limited to, Trade Secrets, Trademarks, Trade Dress, Copyrights, and Unfair
Competition. This includes any body of work developed by an employee working on Town business.
6. "Public Record" means:
a. A record that is made by a public official in the pursuance of a duty, the immediate purpose of which
is to disseminate information to the public, or to serve as a memorial of official transactions for public
reference.
b. A record that is required by law to be kept, or necessary to be kept in discharge of a duty imposed by
law to serve as a memorial and evidence of something written, said, or done.
1948630.4 105
c. A written record of transactions of a public officer in his/her office, which is a convenient and
appropriate method of discharging his/her duties, and is kept by this employee as such, whether
required by express provisions of law or not.
7. "Routine Electronic Mail Communications" include:
a. Scheduling Meetings and conference calls
b. Notification of legal and policy issues to be resolved in more formal communication
c. Requests for information or directives to complete tasks
d. Notification of employees’ whereabouts, i.e. vacations, conferences, out-of-office work
e. Requests for formal advice and assistance
POLICY:
The Town of Fountain Hills maintains an electronic mail system. This system is provided by the Town to
assist in the conduct of business within the Town. All messages composed, sent, or received on the electronic
mail system are and remain the property of the Town. They are not the private property of any employee.
1. The confidentiality of any message should not be assumed. Even when a message is erased, it is still
possible to retrieve and read that message. Further, the use of passwords for security does not guarantee
confidentiality.
2. Electronic mail messages are considered Public Records unless they fall into one of three exemption
categories: (1) Confidentiality, (2) Personal Privacy, or (3) Best interest of the State. The ‘confidential’
(or similar) stamp provided by individual electronic mail systems should be used to mark electronic mail
messages that should be reviewed to determine whether or not the requested message is a public record.
NOTE: The fact an electronic mail message has been marked “confidential” does not remove the message
from the public records arena, but it will facilitate the review for public record purposes.
3. The Town reserves the right to review, audit, intercept, access and disclose all messages created, received
or sent over the electronic mail system. The contents of electronic mail that are public records may be
disclosed without the notice or permission of the sender. The Town Attorney’s office shall review all
messages before they are disclosed. No electronic messages may be monitored, reviewed, audited,
intercepted, accessed or disclosed without authorization of the Town Manager.
4. Notwithstanding the Town’s right to retrieve and read any electronic mail messages, such messages shall
be treated as confidential by other employees and accessed only by the intended recipient.
5. Employees are responsible for protecting their electronic mail passwords and the mail accounts that have
been entrusted to them.
6. In addition to the use of electronic mail in the performance of their job duties, employees may make
limited personal use of electronic mail under the following circumstances:
a. Scheduling of personal appointments as an effective extension of one’s overall time management, i.e.,
luncheons, meetings, etc.
1948630.4 106
b. Sharing of event driven information and planning of work-related social events where the intent is to
enhance employee morale, i.e. birthdays, marriages, births, etc.
c. Other limited uses that do not violate Town or departmental policy.
7. Prohibited uses of electronic mail include, but are not limited to:
a. Soliciting or recruiting membership for commercial ventures, religious or political causes, outside
organizations, or other non-job-related solicitations.
b. Creating any offensive or disruptive messages which contain sexual implications or comments that
offensively address race, color, religion, gender, national origin, ancestry, marital status, sexual
orientation, age, physical or mental disability, medical condition, or veteran status.
c. Transmitting graphic images in an electronic mail that are not directly related to Town business.
d. Issuing or forwarding serial or “chain mail" type messages or advertisements of any commercial
nature, except notices of officially approved or sponsored organizations that benefit Town employees,
e.g., employee educational scholarships.
e. Sending (uploading) or receiving (downloading) copyrighted material, trade secrets, proprietary
financial information, or similar materials without prior authorization.
f. Retrieving or reading any electronic mail messages intended for another recipient unless authorized by
the e-mail recipient.
g. Attempting to gain access to another employee’s messages or files without his/her permission.
h. Any activity that violates established Town or department policy.
RETENTION SCHEDULES:
Electronic mail communications will be preserved in accordance with law.
1. Formal communications transmitted or received through electronic mail shall be printed, and the document
preserved in the appropriate file in permanent paper format, and disposed of pursuant to the Town Records
Retention and Disposition Schedule. Once communications have been preserved as documents in the
appropriate file, they should be deleted from the electronic mail system.
2. Routine electronic mail communications, as defined in this policy, should be deleted after the required
action is taken.
3. Communications subject to a pending public record request or to format discovery in ongoing litigation
will be preserved in the appropriate file or word processing system.
AUTHORITY AND RESPONSIBILITY:
1. Employees are responsible for:
a. Understanding and adhering to the electronic mail policy.
1948630.4 107
b. Using common sense and good judgment in the use of electronic mail as determined by this Town
Policy and the Town Manager.
c. Managing their electronic mail accounts by preserving and deleting electronic mail messages from
their folders as instructed by this policy.
d. Advising Department Head or Town Manager of any violation of this policy.
e. Maintaining reasonable precautions to safeguard their electronic mail from unauthorized entry or use.
2. Department Heads are responsible for:
a. Understanding this policy and related policies and documents.
b. Advising their employees about this policy and appropriate use.
c. Notifying the Town Manager when circumstances warrant monitoring of an employee’s electronic
mail.
d. Following retention schedules in accordance with applicable statutes, Town and organizational
policies.
3. The I/T Coordinator is responsible for:
a. Confirming that reported circumstances warrant monitoring
b. Obtaining authorization from the Department Heads and the Town Manager before monitoring
specific activity
c. Reporting violations of this policy to the Department Head for further investigation and disciplinary
action as appropriate
PROCEDURES:
1. The Human Resources Office will provide all employees with a copy of this electronic mail policy during
new employee orientation and ensure the employees acknowledge and sign a policy acknowledgment.
2. If a violation of this policy occurs, or is suspected, the Department Head or designee should:
a. Document the circumstances
b. Confirm with the Town Manager that monitoring electronic mail is appropriate
c. Monitor the employee’s mail in a manner consistent with the circumstances of the policy violation
d. Report incidents to the Town Manager and initiate disciplinary action, as appropriate under the
circumstances
3. Any employee who violates this policy or uses the electronic mail system for improper purposes shall
be subject to discipline, up to and including termination.
1948630.4 108
FORMS:
The following form shall be used in conjunction with this policy:
1. Employee Electronic Mail and Internet Use Policy Acknowledgment (See Exhibit 1104-A).
1948630.4 109
EXHIBIT 1104-A
TOWN OF FOUNTAIN HILLS
Electronic Mail and Internet Use Policy Acknowledgement
I understand that all electronic communication systems, as well as all information transmitted,
received, or stored in these systems is the property of the Town of Fountain Hills. I also understand
that such systems are to be used for job-related purposes in accordance with policy and that I have no
expectation of privacy in connection with the use of this equipment or the transmission, receipt, or
information stored in such equipment.
I further understand and agree not to use a code, access a file, or retrieve any stored communication
unless authorized; and I acknowledge and understand that the Town may monitor my use of this
equipment at any time at its discretion. Such monitoring may include printing up and reading all e-
mail entering, leaving, or stored in these systems.
Name of Employee __________________________________________
(Print Name)
Signature of Employee __________________________________________
Date __________________________________________
Name of Management Witness __________________________________________
(Print Name)
Signature of Witness _________________________________________
Date _____________________________________
1948630.4 110
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: INTERNET USE
POLICY NO: 1105
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The Town of Fountain Hills provides limited access to resources available on the Internet to
Town staff for research on Town projects and to facilitate communications with others regarding Town issues
and practices. This service is available, subject to supervisory approval, to all Town employees and other
authorized users within the constraints of budget. This policy sets the standards for appropriate behavior of a
Town of Fountain Hills employee when accessing the Internet from either a stand-alone or network based
personal computer.
POLICIES:
1. Town resources used to access the Internet may only be used for lawful purposes by Town staff working
on Town projects. Users should be aware that any communication they transmit could be re-sent or
forwarded, intentionally or accidentally, by the recipient to other Internet users. Employees also need to
be aware that any e-mail or Internet communications transmitted or received on Town equipment are not
private communications, are subject to the Public Records Law, and may be monitored.
2. Any questions regarding appropriate use of these resources should be directed to the employee's
supervisor. The employee's supervisor will make the ultimate decision as to the acceptability of use, with
final approval by the Town Manager.
Examples of unacceptable use include, but are not limited to, the following when done knowingly or
intentionally:
• Using Town time and resources for personal gain
• Extensive use of Town time and Internet resources for non-job related reasons or purposes, which
have not been approved by the employee's supervisor
• Engaging in activity that wastes Town resources including file space or memory capacity, printer
usage, paper, etc.
• Sending or posting Town confidential materials outside of the Town, or posting such confidential
materials within the Town to non-authorized personnel
• Discourteous communication to or about other persons
• Issuing or forwarding chain mail and other frivolous messages, such as practical jokes
1948630.4 111
• Sending mass mailings to individual mailboxes whether directly or indirectly through distribution lists
is prohibited unless specifically approved by the Town Manager
• Accessing any adult (pornographic) sites
• Accessing a web site or location on the Internet where a fee is charged without express written
approval of the Department Director
PENALTIES:
Any use of the Town's equipment, resources or the Internet in violation of this policy may result in revocation
of these privileges, as well as additional disciplinary action up to and including termination. Unlawful use may
result in referral for criminal prosecution.
FORMS:
The following form shall be used in conjunction with this policy:
Employee Electronic Mail and Internet Policy Acknowledgment (See Exhibit 1104-A).
1948630.4 112
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: USE OF ELECTRONIC DEVICES
POLICY NO: 1106
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and
lawful use of the Town of Fountain Hills telephone system.
SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized
temporary employees, contractors, and third parties that are granted access to the Town’s telephone system.
POLICY:
Office telephones are a vital part of our business operation. Because of the large volume of business
transacted by telephone, personal use of the telephone should be limited and personal calls should be brief.
Personal long distance calls are discouraged. In instances where an emergency may occur, and it is not
possible to bill the long distance charges to the employee’s home phone, credit card, collect, etc., the employee
will be required to reimburse the Town for long distance charges.
Cellular phones and/or pagers are furnished to certain employees in connection with their job duties.
Employees who are issued cellular telephones by the Town of Fountain Hills should make all business related
long distance telephone calls while traveling from their cellular telephone. Employees need to limit personal
use of their cellular telephone in the same way they need to limit personal use of their office telephone.
Employees that have excessive cellular usage for personal calls will be subject to corrective action up to, and
including, termination.
The Town of Fountain Hills requires the safe use of its cellular telephones by employees while conducting
business. The employee should not use the cellular telephone while driving because of safety concerns but
should instead pull to the side of the road to make or receive telephone calls. If an employee is unable to pull
over or stop before receiving a cellular telephone call, they should keep the business conversation brief, and
immediately locate a safe area to park their vehicle.
During work time, employees are not permitted to use personal cellular telephones. These should be used only
during breaks and meal times.
1948630.4 113
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: iPAD/iPHONE USE
POLICY NO: 1107
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and
lawful use of iPads and iPhones owned by the Town of Fountain Hills.
SCOPE: Town of Fountain Hills has provided an iPad/iPhone with Internet and E-mail access to all members
of the Town Council and designated staff (“Users”) for the purpose of performing work efficiently and
effectively.
POLICY:
1. Each User shall comply with this policy when using the iPad/iPhone issued to such User.
2. Users will use their default email account for the iPad/iPhone that will be used to send official Town
documents, including without limitation Town Council agendas, staff reports, and the like. Internet
access may be available through the iPad/iPhone.
3. The iPad/iPhone and Internet, and E-mail access provided on the iPad/iPhone are tools for conducting
Town business. The use of such tools shall be solely for Town-related purposes, such as to review
Council agenda materials, research relevant topics, obtain useful information for Town-related
business, and conduct business communications as appropriate. All of the Town's computer systems,
including the iPad/iPhone, are public property. All documents, files, and E-mail messages are subject
to the Arizona Public Records Law, and are the property of the Town of Fountain Hills.
4. Users shall comply with the copyrights, software license provisions, property rights, privacy of others,
just as in any other business dealings. All existing Town policies will continue to apply to use of the
Internet and to use of E-mail on the iPad/iPhone, including but not limited to those that deal with
misuse of Town resources, sexual harassment, information and data security, and confidentiality.
5. iPad/iPhone, Internet, and E-mail activities will be traceable to the Town of Fountain Hills and will
impact the reputation of the Town. Users shall refrain from making any false or defamatory
statements in any Internet forum and from committing any other acts which could expose the Town to
liability. Users shall not knowingly download files from sources which may be untrustworthy nor shall
Users open and read files attached to E-mail transmissions unless they originate from a trustworthy
source. Downloaded files and attachments may contain viruses or hostile applications that could
damage the Town’s systems. Users will be held accountable for any breaches of security caused by
files obtained for non-business purposes.
1948630.4 114
6. There is no expectation of privacy with respect to the use of the iPad/iPhone. The Town reserves the
right to inspect all files stored on iPad/iPhone in order to assure compliance with this policy. Users do
not have any privacy right in any matter created, received, stored in, or sent from any Town
iPad/iPhone and the Town Manager may institute appropriate practices and procedures to assure
compliance with this policy.
7. The iPads/iPhones will be equipped and periodically updated with such applications, “apps”, and
software as may be reasonably necessary and appropriate to perform Town related duties. Any
software, E-mail messages, or files downloaded via the Internet into the Town systems become the
property of the Town and may only be used in ways that are consistent with licenses or copyrights.
8. If a User loses or damages the iPad/iPhone, it shall be reported to the Information Technology
Coordinator immediately, as the iPads/iPhones may be covered by an extended warranty. The User
may be responsible for payment of the deductible for repair or replacement if the damage or loss was
the result of gross negligence or intentional misconduct of the User.
9. Users shall not send any messages of an obscene, libelous, vulgar, or defamatory nature.
10. Users shall not use any email program or service during any Town meeting and Users will not use the
iPad/iPhone in any way that might violate the Open Meeting Law.
11. Users shall not use the iPads/iPhones for operating a business of personal gain, sending chain letters,
soliciting money for religious or political causes, or any other purpose that interferes with normal
Town business activities.
12. Users shall not use the iPads/iPhones to deliberately propagate any virus or other hostile computer
program or file, to disable or overload any computer system or network, or to circumvent any system
intended to protect the privacy or security of another user.
13. When using the iPads/iPhones, Users shall identify themselves honestly, accurately, and completely at
all times.
14. Users shall return their iPad/iPhone to the Information Technology Coordinator when their term or
employment, as applicable, with the Town of Fountain Hills has ended.
RETURN:
All elected officials and employees shall return their iPad/iPhone to the Information Technology Coordinator
when their term and service for the Town of Fountain Hills has ended. The iPad/iPhone will be wiped clean of
any and all information upon return of the iPad/iPhone to the Information Technology Coordinator at the end
of the elected and appointed official’s term and service. Information Technology will ensure that any public
records stored on the iPad/iPhone that need to be retained shall be transferred to an appropriate Town
computer or storage medium.
1948630.4 115
EQUIPMENT BUYBACK:
At the end of their term or employment, the elected official or employee has the option to purchase the
iPad/iPhone from the Town at the following rates:
• iPhone - $100
• iPad – Replacement cost calculated based on a depreciable life of 5 years:
Year one - $500
Year two - $400
Year three - $300
Year four - $200
Year five and beyond - $100
CONCLUSION:
The Town of Fountain Hills has provided iPad/iPhone, Internet, and email access to all elected officials and
certain employees for the purpose of performing work efficiently and effectively in the context of available
communication technologies. While compliance with this detailed policy is mandatory, it should not impede
legitimate use of these facilities. The purpose of this policy is to ensure that all use is consistent with the law
and with the ethical and business practices which the Town follows.
FORMS:
The following forms shall be used in conjunction with this policy:
1. IPad/IPhone Agreement (See Exhibit 1107-A)
2. Employee Electronic Mail Policy Acknowledgment (See Exhibit 1104-A)
1948630.4 116
EXHIBIT 1107-A
TOWN OF FOUNTAIN HILLS
IPAD/IPHONE AGREEMENT
FOR TOWN COUNCIL MEMBERS AND DESIGNATED STAFF MEMBERS
I, the undersigned, have been provided a copy of the Town of Fountain Hills iPad Policy and understand its
contents fully. I accept and understand terms of the policy and agree to abide by all the terms contained in it.
(Signature)
Name:
Position:
Date:
1948630.4 117
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: SOCIAL MEDIA POLICY
POLICY NO: 1108
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To establish guidelines for the use of social media by Town employees.
SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized
temporary employees, contractors, and third parties who have access to the Town’s information system.
STATEMENT OF POLICY: The Town of Fountain Hills understands that many employees use social media
as a way to share information and opinions with family, friends, and co-workers. However, the use of social
media presents certain risks and carries certain responsibilities. In conjunction with the Town’s policies
regarding Code of Conduct, Political Activity, Harassment, Electronic Mail and Scheduling System, Internet
Use, and iPad/iPhone Use, the following guidelines have been established for appropriate use of social media.
GUIDELINES:
1. “Social media” are comprised of the various means of communication or posting of information or content
on the Internet, including, but not limited to, blogs, journals, personal websites, social networking
websites, web bulletin boards, and web chat rooms. Common social media providers include Facebook,
Twitter, and YouTube, among others.
2. Employees may not post to or use personal social media or social networking websites during work time,
using Town computers or devices, or while operating a Town vehicle.
3. The same principles found in the Town’s personnel policies apply to activities online. Any conduct that
adversely affects job performance or that adversely affects fellow employees, vendors, community
members, or the legitimate interests of the Town may result in disciplinary action up to and including
termination.
4. Employees should consider the risks and rewards before posting any content online. Employees are solely
responsible for what they post online. They should be respectful, honest, and accurate and should never
post content that is or could be perceived to be false, malicious, obscene, threatening or intimidating,
disparaging to others, or that might constitute harassment or bullying.
5. Employees should maintain the confidentiality of Town information that should not be made public. Not
all records and information constitute public records and information subject to disclosure. Disclosure of
confidential or otherwise protected information is a violation of Town policy and may be a violation of
state law.
6. Employees should respect the intellectual property rights of the Town and others.
7. Only authorized individuals may post official content to the Town’s social media websites.
8. Employees should direct all media inquiries to the Town Manager or designee.
Nothing contained in this policy shall be interpreted or construed in a way that denies any employee his or her
civil or political liberties as provided by law.
1948630.4 118
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: TOWN FURNITURE AND WALLS
POLICY NO: 1109
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
All employees are asked to contribute to a professional looking work environment. Our
customers, residents and businesses deserve impressive public facilities. Employees are asked to:
• Check with department directors before hanging items on walls. Appropriate items could
include artwork, diplomas, awards, plaques, Town related items, etc.
• Frame all pictures or items for display
• Do not tape, magnetize or tack any items to walls, cubicles or their supports, overheads or
furniture. An exception could be if clipped with a magnet, out of view, and is not unsightly or
destructive to furniture. This would include any quick reference material such as phone
number lists, referral lists, etc. which should be displayed in the most professional manner
available.
• Refrain from displaying items that may cause others to be uncomfortable or may find to be
offensive.
• Employees may not post material on bulletin boards without the approval of Human
Resources or Information Technology Divisions.
1948630.4 119
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SUPERVISION AND DISCIPLINE
POLICY: SUPERVISION AND DISCIPLINE
POLICY NO: 1201
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the employee discipline process.
PROCEDURES: Each employee shall be supervised by the individual to whom he/she is responsible in the
organization. Each employee shall customarily be responsible to one immediate supervisor; however, when an
employee divides responsibilities among two or more programs, the responsibilities for supervision and
evaluation shall be furnished in writing to the employee.
The Town Manager has authority to take disciplinary action against any classified or unclassified employee.
The Town Manager may delegate this authority to any management employee for subordinate employees.
Disciplinary actions shall be considered as constructive means of dealing with an employee's unacceptable
behavior or performance and should be appropriate to the seriousness of infraction or performance deficiency.
Normally, with the exception of serious misconduct, the supervisor will counsel or give written warning to an
employee and advise him/her about any aspects of work performance or conduct that need improvement and
provide an opportunity for improvement. However, there is no right to progressive discipline. The seriousness
of an offense may lead to any level of discipline up to dismissal. A combination of disciplinary actions may
also be used.
Grounds for Disciplinary Action
Grounds for disciplinary action(s) include but are not limited to the following:
1. The employee fails to competently or efficiently perform assigned duties and responsibilities.
2. The employee is unsafe to himself/herself, other employees, the public, or Town property in the
performance of duties or responsibilities; or the employee has violated safety rules or practices.
3. The employee has been abusive in attitude, language, behavior, or conduct toward a fellow employee, a
supervisor, or the public; or their action has resulted in physical harm, injury, or fear of harm to such
persons.
4. The employee has been insubordinate, willfully disobedient, or has failed to follow reasonable direction
from a supervisor.
5. The employee has been convicted of a criminal offense while employed by the Town.
6. The employee has stolen public or private property, misappropriated Town funds, or has been an
accomplice in any of these practices while employed by the Town.
7. The employee has made unauthorized use and/or removal of Town property.
1948630.4 120
8. The employee, through negligence or willful misconduct, has caused damage to public property or waste
of public supplies.
9. The employee has engaged in conduct, on or off duty, that is of such a nature that it causes discredit to the
Town.
10. The employee has purchased, possessed, used, manufactured, distributed, dispensed, or sold alcoholic
beverages, unauthorized drugs or controlled substances, or any other intoxicants on Town property, while
operating Town equipment, or while in the performance of Town duties unless authorized to do so; or the
employee has reported to work under the influence of alcohol or drugs as defined in the Town of Fountain
Hills Drug-Free Workplace Policy; or the employee’s off-duty use, possession, or sale of drugs or alcohol
adversely affects work performance, safety, or the Town’s reputation.
Upon reasonable suspicion, an employee may be required to undergo an intoxilyzer, blood, breath,
urinalysis, or any other appropriate test to detect and substantiate the presence of alcohol or drugs. Refusal
to undergo the test when ordered or switching or adulterating test samples will constitute violation of #4
above. (See Drug-Free Workplace Policy.)
11. The employee has intentionally falsified any document, report or statement relating to their employment
with the Town.
12. The employee has secured employment with the Town through misrepresentation or fraud.
13. The employee has refused to subscribe to any oath or affirmation required in connection with Town
employment.
14. The employee has violated the rule or regulation governing outside employment (See Policy 209,
Secondary Employment).
15. The employee has been inexcusably absent, has failed to receive prior approval for any paid or unpaid
absence, has abandoned their position, feigns sickness or injury, or otherwise deceives a supervisor as to
their condition or ability to perform the duties of the position, or the employee has falsified a certificate
justifying medical leave.
16. The employee has had excessive absenteeism or tardiness.
17. The employee has refused to perform reasonable modified duty that is assigned because of an
illness, injury or disability.
18. The employee has worked at outside employment while on medical leave, industrial accident leave, or
Family and Medical Leave.
19. The employee has concealed information or failed to properly report an accident or incident under the
purview of any state statute or Town resolution or regulation.
20. Failure of an employee convicted under a criminal drug statute for a violation occurring in the workplace
to notify his/her Department Head within five (5) days after such a conviction.
21. The employee holds a Town of Fountain Hills elective office prior to resigning from a Town position or
holding any other office incompatible with a position with the Town.
1948630.4 121
22. The employee has used or attempted to use political influence in securing a promotion, leave of absence,
transfer, or an increase in pay.
23. The employee has accepted a fee, gift, or other item in the course of performing the duties and
responsibilities of their position in violation of the conflict of interest rules.
24. The employee has committed an act of discrimination or harassment based on race, color, religion, sex,
national origin, age, disability or any other category identified in the nondiscrimination policy.
25. The employee has failed to follow appropriate chain-of-command.
26. The employee has committed any other conduct of equal gravity to the reasons enumerated in this section.
TYPES OF DISCIPLINARY ACTIONS:
Counseling
Counseling is a private discussion between a supervisor and an employee concerning expectations of future
conduct. The supervisor should keep notes regarding the discussion and the date, and the employee should be
told that a record of the counseling session shall become part of the employee's personnel record. Counseling
is not discipline and is not subject to the appeal/grievance procedure.
Warning
A written warning may be given to an employee describing the performance or behavior which needs to be
improved. The employee shall sign the statement and receive a copy. This warning shall become part of the
employee's personnel record.
Reprimand
When counseling or warning have not resulted in the correction of a situation, or when more severe initial
action is warranted, the supervisor may issue a written reprimand stating the date of any prior discussion or
warning, a description of the unacceptable behavior or performance, and possible consequences if behavior is
not improved or corrected. The employee shall sign the statement and receive a copy. If the employee refuses
to sign the statement, the supervisor shall sign the statement as such, and indicate the employee's refusal to
sign. The written reprimand shall become part of the employee's personnel file.
Special Review Period
When performance or behavior warrant the action, a special review period may be established. The special
review period may not exceed 90 calendar days. The supervisor shall prepare a written performance evaluation
and memorandum outlining the improvement required, the time established for the period, and possible
consequences if performance does not improve. Ten days before the end of the period, the supervisor shall
submit a written performance evaluation and recommendation for the employee's future status to the Human
Resources Administrator, which shall become a part of the employee's personnel record.
Demotion
An employee whose ability to perform the required duties falls below standard or who merits disciplinary
action may be demoted upon approval of the Town Manager. Written notice shall be given to the employee
within three days before the effective date of the demotion.
1948630.4 122
Suspension Without Pay: The Town Manager may suspend an employee from any position at any time
without pay for a disciplinary purpose. A supervisor may recommend suspension of a subordinate employee to
the Town Manager for his/her approval. No supervisor may suspend a subordinate for any period of time
without the approval of the Town Manager. A suspended employee receives written notification on a “Record
of Counseling/Disciplinary Action” form, or by separate letter which will be attached to the “Record of
Counseling/Disciplinary Action” form, listing the specific charge(s), period of suspension, and administrative
review and appeal rights, if any. The employee is given a copy of the written notification and the original is
immediately forwarded to the Human Resources Office for inclusion in the personnel record.
Suspension of Exempt Employees: An exempt employee (those exempt from the provisions of the Fair Labor
Standards Act) may not be suspended without pay for disciplinary sanctions for a period of less than one or
more full days except for infractions of safety rules “of major significance.” Suspensions for exempt
employees must occur within the same workweek. Safety rules of major significance are those (rules) and
supervisory directives relating to the prevention of serious hazard, damage or danger to the Town, its facilities,
employees or the public.
Administrative Leave With Pay: The Town Manager may place an employee on Administrative Leave With
Pay at any time as a non-disciplinary measure to permit an investigation into matters concerning a possible
disciplinary action. No supervisor may place a subordinate on administrative leave with pay for any period of
time without the approval of the Town Manager. During this period, the employee is considered to be on full
duty and available to participate and aid in the investigation. In making the determination to place an employee
on administrative leave with pay, the following factors are considered:
A. Whether or not the employee's presence on the job or at the work site would hinder the investigation,
OR
B. If the employee’s presence would be detrimental to the public interest or the continued efficient operation
of the Town. The Town Manager must approve administrative leave.
An employee placed on Administrative Leave With Pay receives written notification on a "Record of
Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of
Counseling/Disciplinary Action" form, listing the nature of the investigation, period of leave, and
administrative review and appeal rights, if any. The employee is provided a copy of the written notification
and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel
record.
Dismissal
Employees may be dismissed with cause by the Town Manager by written notice which shall state the cause
for dismissal, the effective date, and the employee's appeal rights, if any. Only covered employees who have
successfully completed the introductory period have appeal rights.
Due Process:
Prior to an involuntary termination, a non-introductory period employee will be provided with a written notice
from his or her supervisor of the intent to terminate with the supporting reasons. The employee shall be given
an opportunity to respond to the charge, orally or in writing to his or her supervisor, as to why the proposed
action should not be taken.
The department’s explanation in the notice shall be sufficient to apprise the employee of the basis for the
proposed action. This shall not limit the employer at subsequent proceedings from presenting a more detailed
1948630.4 123
and complete case. If, after considering the employee’s evidence, the Town proceeds with termination, the
employee may appeal in writing within ten (10) calendar days of the decision. Human Resources will then set
an administrative hearing to adjudicate the appeal. The employee may have legal counsel present at the
hearing.
In cases involving an employee who works under the direction of the Town Manager, the hearing officer shall
be the Presiding Judge. In cases involving an employee who works under the control of the Presiding Judge,
the hearing officer shall be the Town Manager. The Town Manager or the Presiding Judge may appoint
another manager or Judge from another Arizona city or town to serve as the hearing office in their place if they
so choose. The hearing officer shall, no later than five (5) calendar days after the conclusion of the hearing,
deliver a written opinion which shall contain three (3) basis elements:
1. A statement of relevant facts
2. A statement of applicable rules
3. Conclusions/recommendations
The written opinion shall be delivered to the affected employee, his/her supervisor and/or department
director, the Town manager in cases where the Presiding Judge has served as hearing officer, and the
Presiding Judge in cases where the Town Manager has served as hearing officer. A copy of the
opinion shall also be placed in the employee’s personnel file.
Within five (5) calendar days after the receipt of the written opinion of the hearing officer, the
appointment authority (either the Presiding Judge or the Town manager) shall either affirm or reject
the determination of the hearing officer. The decision of the appointing authority shall be final and
binding upon both the employee and the Town, and therefore, not appealable to any office or body of
the Town or to any other forum, administrative or judicial.
1948630.4 124
TOWN OF FOUNTAIN HILLS
RECORD OF COUNSELING/DISCIPLINARY ACTION FORM
Employee Name: _______________________________________________________________
PART I: ALLEGED OFFENSE
State unsatisfactory incident, performance, or violation committed and specific rule violated.
Personnel Rules and Regulations, Section __________. If used for counseling interview or oral
reprimand, state what was discussed and agreed upon, if appropriate; no employee response required.
PART II: EMPLOYEE RESPONSE
___________________________________________ ________________________________
Employee’s Signature Date
1948630.4 125
PART III: TYPE OF ACTION RECOMMENDED
[ ] No Action [ ] Disciplinary Suspension ______________Hours
[ ] Oral Reprimand [ ] Disciplinary Pay Reduction
[ ] Written Reprimand [ ] Involuntary Demotion
[ ] Administrative Leave [ ] Dismissal – Written Notice
STATEMENT OF FINAL ACTION: State what was determined from an investigation and indicate the
recommended resolution. Please note that it is necessary to complete the “Counseling/Disciplinary Action
Form.”
___________________________________________________ ______________________________
Employee’s Signature Date
I hereby certify that I understand my due process rights and that I have read this disciplinary
action form and acknowledge its receipt. I understand that my signature does not necessarily
indicate agreement.
_______________________________________________ ____________________________
Employee’s Signature Date
1948630.4 126
TOWN OF FOUNTAIN HILLS
COUNSELING/DISCIPLINARY ACTION FORM
Employee Name (Please Print): ___________________________________________
Title: ___________________________Department/Division: _____________________
Supervisor’s Signature: ______________________________Date:________________
Department Head’s Signature:________________________ Date:________________
Town Manager’s Signature (if required):______________________ Date:___________
Personnel Rules and Regulations Violated (Section/Item____):
Oral Reprimand - The non-written notification to an employee of job performance deficiency or
misconduct and notification of the Town’s level of expectations. Supervisor should document the
date and nature of the reprimand on the “Record of Counseling/Disciplinary Action” form.
Date of Oral Reprimand: __________________________________
Written Reprimand - The official notification to an employee that there is cause for dissatisfaction
with the employee’s job performance or that there is misconduct.
Date of Written Reprimand: _______________________________
Administrative Leave - The non-disciplinary suspension of an employee with pay to permit an
investigation into matters concerning possible disciplinary action. Must be approved by Town
Manager.
Duration: From: To: Total Hours:___________________
Disciplinary Suspension of 40 hours or less - The temporary separation of an employee from Town
service without compensation. Must be approved by the Town Manager.
Exempt employees may not be suspended without pay for disciplinary sanctions for a period of
time less than one or more full days per the Fair Labor Standards Act.
Duration: From: To: Total Hours:___________________
Disciplinary Suspension of Greater Than 40 Hours - The temporary separation of an employee
from Town service without compensation must be approved by the Town Manager
.
Duration: From: To: Total Hours:___________________
1948630.4 127
Disciplinary Pay Reduction - The reduction of an employee’s salary will be at the discretion of the
Town. The reduction may be permanent or temporary and must be approved by the Town Manager.
This disciplinary action does not apply to exempt employees per the Fair Labor Standards Act.
Temporary Pay Reduction: From: To:
Old Hourly Rate: $ New Hourly Rate: $
Permanent Pay Reduction: Effective Date:
Old Hourly Rate: $ New Hourly Rate: $
Involuntary Demotion - The movement of an employee from one class to another class at a lower
rate of pay. The demotion may be permanent or temporary and must be approved by the Town
Manager.
Old Classification: New Classification:
Old Range: New Range:
Old Hourly Rate of Pay:$ New Hourly Rate of Pay: $
Effective Date:
Dismissal - The discharge for cause of an employee from Town service. Must be approved by the
Town Manager.
Effective Date: ________________________________
Employees may appeal disciplinary action through the grievance procedure. An employee serving an
initial introductory period or in an uncovered position, may not appeal.
I hereby certify that I understand my grievance rights and that I have read this disciplinary action
form and acknowledge its receipt. I understand that my signature does not necessarily indicate
agreement.
_________________________________________ __________________________________
Employee’s Signature Date
COPY: Employee Department Head Human Resources
(Copies of all disciplinary actions must be forwarded to the Human Resources Office)
1948630.4 128
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SEPARATION FROM SERVICE
POLICY: SEPARATION FROM EMPLOYMENT
POLICY NO: 1301
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a process the Town will follow for all terminations of employment, whether
voluntary or involuntary.
STATEMENT OF POLICY: All employees leaving the Town's employ, whether voluntarily or
involuntarily, shall be required to make proper disposition and accounting for all funds and property (s)he was
responsible for and to repay any amounts owed to the Town before final payment will be made to the
employee.
All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be afforded an
opportunity to participate in an exit interview. However, participation is entirely voluntary on the part of the
terminating employee.
SCOPE: All employees.
PROCEDURE:
1. Voluntary Resignation
a. If termination is the result of a voluntary resignation, the employee is to document their intent to
resign their position by submitting a letter of resignation to their supervisor bearing the current date,
the last day of work, and the employee’s signature. A “Voluntary Resignation and Retirement
Notice” (See Exhibit 1301-A) may be used for notification purposes.
b. Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for
Department Heads, could result in separation with prejudice and denial of rehire. Waiver of required
notice may be granted by the Town Manager (in writing).
c. The effective date of termination is the last day the employee actually works. Exception: The effective
date of termination due to expiration of a leave of absence is the last day of the approved leave.
d. Group benefits such as medical, dental and life insurance terminate on the last day of the month in
which termination occurs. Deductions will be taken, as needed (e.g., pro-rating insurance). Contact
Human Resources for further detail.
e. Pay in lieu of notice for up to two (2) weeks of regular pay may be awarded to full-time regular
employees who have completed their Introductory Period. Such payment may be made whether the
termination is voluntary or involuntary and is at the discretion of the Town Manager, depending on the
circumstances of the termination. Approval for pay in lieu of notice rests with the Town Manager.
f. All documentation is to be promptly forwarded to Human Resources.
1948630.4 129
g. Arizona law requires final payment to voluntarily terminated employees to take place no later than
their next regularly scheduled pay date.
2. Involuntary Termination
a. An employee, regardless of employment status, may be terminated by the Town Manager at any time
during their initial Introductory Period.
b. Introductory, seasonal, and temporary employees are not covered under the Right of Appeal process.
c. The Due Process in Policy 1201 will apply.
d. Group benefits such as medical, dental, and life insurance, terminate on the last day of the month in
which termination occurs. Deductions will be taken, as needed (e.g., pro-rating insurance). Contact
Human Resources for further detail.
e. Arizona law requires final payment to involuntarily terminated employees to take place on the earlier
of the next regular payday or within seven (7) working days.
3. Notice
An Employee is encouraged to communicate to the employer whenever the employee believes working
conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-
1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the
employer in writing that a working condition exists that the employee believes is intolerable, that will compel
the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right
to bring a claim against the employer alleging that the working condition forced the employee to resign.
Under the law, an employee may be required to wait for fifteen calendar days after providing written notice
before the employee may resign if the employee desires to preserve the right to bring a constructive discharge
claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen
calendar days while waiting for the employer to respond to the employee's written communication about the
employee's working condition.
1948630.4 130
EXHIBIT 1301-A
VOLUNTARY RESIGNATION and
RETIREMENT NOTICE
Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for
Department Heads, could result in separation with prejudice and denial of rehire.
VOLUNTARY RESIGNATION
I, __________________________, voluntarily resign my position of ______________________
Print Name Job Title
with the Town of Fountain Hills. My last day of work will be: ___________________________
Last day worked is termination date
Reason for resignation: (Check one)
To accept another job To attend school To stay at home
Moving out of area Dissatisfied with job Other (explain)
RETIREMENT RESIGNATION
I, _____________________________________, submit notice of retirement from my position of
Print Name
_______________________________________with the Town of Fountain Hills. My last day of
Job Title
work/retirement will be: ________________________________________
Last day worked is termination date
Arizona State Law requires final payment of voluntary resignations no later than the next regularly
scheduled pay date.
My mailing address with the Town of Fountain Hills is current: Yes No
If no, please provide current or forwarding mailing address:
__________________________________________________________________________________
Mailing Address City State Zip
__________________________________________ _____________________________________
Employee’s Signature Date
Resignation Accepted _____________________________ ________________________________
Supervisor’s Signature Date
1948630.4 131
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SEPARATION FROM SERVICE
POLICY: REFERENCES
POLICY NO: 1302
EFFECTIVE: October 7, 2004
REVISED:
All inquiries regarding employees who are currently employed or who have been previously employed by the
Town of Fountain Hills are to be referred to Human Resources. Supervisors and/or coworkers should refrain
from writing letters of reference. All requests for letters of reference are to be referred to Human Resources.
When Human Resources receives inquiries regarding previously employed employees, they will refer to the
signed Employee Authorization to Release Reference Information Form in the employee’s personnel file and
release only the information authorized. When Human Resources receives inquiries regarding currently
employed employees, they will only provide information limited to dates of employment and job title.
The only exception to the above statement is that Human Resources may release salary information to credit
institutions when the request for salary information is made in writing and the employee authorizes release of
the information.
1948630.4 132
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SEPARATION FROM SERVICE
POLICY: REDUCTION IN WORKFORCE
POLICY NO: 1303
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a systematic process which the Town will follow in the event the Town Manager
deems it necessary to reduce positions due to lack of work, funds, or other budgetary limitations, and ensure
business operations remain sound and employees are treated objectively.
STATEMENT OF POLICY: A Reduction in Workforce (RIWF) is an extremely difficult business decision
for an organization. It is the Town of Fountain Hills’ intent to treat all impacted employees with dignity and
respect, and to assist employees through the RIWF process. The Town Manager, with input from Department
Heads, shall determine the number and classifications of employees to be laid off. In addition, the Town
Manager and the Human Resources Administrator shall determine the specific procedures to be followed and
the benefits that may be offered to affected employees.
Employees affected by a Reduction in Workforce shall have the opportunity to continue their medical, dental,
and vision insurance coverage (if applicable) in accordance with the Consolidated Omnibus Budget
Reconciliation Act (COBRA) health benefit provisions.
SCOPE: All employees.
PROCEDURE: In selecting the employee who will remain with the organization, only job-related criteria
will be used. The criteria used will be determined based on the reason for the reduction in force and the
determination of the department’s needs. Job related criteria may include, but are not limited to, the
employee’s current performance (as noted by the most current performance review), competencies, skills,
responsibilities, experience, leadership, education and training, personal commitment, and salary. Seniority
will be used only in the case of a tie.
Severance
Full-time employees who are laid off may be provided a severance package as determined by the Town
Manager.
Grievance Rights
Grieving a Reduction in Workforce action is specifically excluded from the grievance procedure.
1948630.4 133
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES
POLICY: PROBLEM SOLVING
POLICY NO: 1401
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To effectively and professionally address work-related issues or concerns.
STATEMENT OF POLICY: The Town will treat all employees fairly, with respect, and as members of the
team. This includes you, your fellow workers, supervisors, management, elected officials, Board and
Commission members, our customers, and the Fountain Hills community. In order for this to happen, the
following procedure needs to be followed.
DISCUSSION: This policy establishes the policies and procedures for the administration of the Town’s
Problem Solving process. This process does not replace the Grievance procedures in Policy 1402 or any other
complaint or reporting procedures established in policy. Rather, this process has been established to advise
employees of the proper avenues to use in communicating work-related issues or concerns. Examples of
issues or concerns include, but are not limited to, any issues that impact an employee’s work unit or impact an
employee’s ability to do their job.
Employees need to remember that they may not take work-related employment issues and concerns to the
Mayor and Town Council. Taking employment issues and concerns to the Mayor and Town Council disrupts
chain-of-command of employees under the jurisdiction of the Town Manager (Ord. 230-97); and any such
issues or concerns will be referred back to staff. This process does not prohibit staff from discussing Town
projects and/or business with Council that would normally be brought to their attention.
Town of Fountain Hills employees who have work-related issues or concerns should address them within a
timely manner. Matters raised within five working days will be considered timely. Employees are to use the
following process to resolve such matters. For matters involving harassment, discrimination, or legal
violations, Policy 210 is to be followed.
PROCEDURE:
1. Employees are to go to their first-line supervisor in a timely manner with any work-related issue or
concern unless it involves harassment or discrimination, in which case they should follow the procedures
set forth in Policy 210. For legal violations involving their supervisor, employees should go to their
supervisor’s superior, the Human Resources Administrator, or the Town Manager. Employees may have
a regular employee of the Town as a silent witness at meetings in which work issues or concerns are
discussed.
2. If the work-related issue or concern has not been resolved at the first-line supervisor level within five
working days after the meeting in step 1 (above), employees should go to the next higher level of
management. Both the employee and supervisor should document the reasons as to why the concern or
issue was not resolved at the first-line level.
3. Only after employees have worked their way through their respective Department Head should they take
their work-related issue or concern to the Human Resources Administrator or Town Manager.
1948630.4 134
4. Employees are required to exhaust all internal avenues before taking their work-related issue or concern
outside this procedure.
5. The Mayor and Town Council, as well as those outside of the organization, are not in an employee’s
chain-of-command and therefore are not in a position to address work-related issues or concerns.
There will be times in every employee’s career when decisions are made that everyone does not agree with.
That is natural; however, everyone is nevertheless still expected to abide by legitimate decisions.
Failure to follow this process will have a negative effect on Town organization and will therefore be
considered a violation of the Town's Personnel Rules.
No employee will be subject to any form of retaliation or discipline for using this process. Any employee
found guilty of retaliation will be disciplined.
1948630.4 135
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES
POLICY: Grievances
POLICY NO: 1402
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE:
1. To promote improved employer-employee relations by establishing grievance procedures on matters for
which appeal or hearing is not provided by other regulations.
2. To afford employees a systematic means of obtaining further consideration of problems after every
reasonable effort has failed to resolve them through discussion.
3. To provide that grievances shall be settled at the lowest possible level.
4. To provide that appeals shall be conducted informally.
STATEMENT OF POLICY: The Town of Fountain Hills, in keeping with its policy of maintaining
satisfactory working conditions, will provide a means to insure fair handling of employee complaints and
grievances. Any employee whose state of mind is so affected by a grievance that he/she will not endeavor to,
or cannot do the proper thing in the course of performing their regular duties, should immediately pursue the
prescribed procedures for grievances.
SCOPE: Covered employees defined in Policy 1403 shall have the right to file a grievance under this rule
regarding a decision affecting his/her employment over which his/her immediate supervisor has partial or
complete jurisdiction, with the exception of suspensions, demotions, or dismissals, which shall be appealed
directly to the Town Manager.
A. This procedure may be used to review the following types of problems, which are intended as examples
and not strict limitations:
1. Work Hours
2. Assigned Duties
3. Working Conditions
4. Application of Town policies, as they relate to the employee (e.g. discipline)
B. This procedure shall not be used for problems concerning:
1. Due Process related to involuntary termination
2. Compensation
3. Classification
4. Matters covered by state or federal law
5. Performance evaluation
1948630.4 136
PROCEDURE:
A. Informal Grievance Procedure
1. An employee who has a problem or complaint should first try to get it settled through discussion with
his/her immediate supervisor without undue delay.
2. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved,
he/she will have the right to discuss it with his/her supervisor’s immediate department director. If the
employee’s supervisor does not have a department director, the employee shall discuss the matter with
Human Resources. In some circumstances, Human Resources will determine that the matter should be
referred to the Town Manager, or his designee, at this stage.
3. Every effort should be made to find an acceptable solution by informal means at the lowest level of
supervision. If an employee fails to follow this informal procedure, the grievance will be denied and
he/she will not be permitted to proceed to the formal grievance procedure outlined below.
B. Formal Grievance Procedure
Levels of review through the chain of command are listed below:
1. If the employee has properly followed the informal grievance procedure and the matter is not resolved,
the employee is eligible to elevate the grievance to this level. Initially, the employee must reduce the
grievance to writing citing the article and section of the personnel policies and procedures alleged to
have been violated, the date of the violation that forms the basis for the grievance, the nature of the
grievance and the relief requested.
2. The written grievance will be presented to the employee’s immediate supervisor, within twenty (20)
calendar days of the occurrence, and no later than ten (10) calendar days after the informal grievance
procedure has been fully exhausted. The supervisor will render his/her decision and comments in
writing and return them to the employee within fifteen (15) calendar days after receiving the
grievance.
3. If the employee does not agree with his/her supervisor’s decision, or if no answer has been received
within fifteen (15) calendar days, and the employee wishes to continue in the process, the employee
may present the grievance in writing to his/her supervisor’s immediate department director, or in the
absence of a department director, to Human Resources.
4. Failure of the employee to take further action within five (5) calendar days after receipt of the written
decision of his/her supervisor or within a total of twenty (20) calendar days if no decision is rendered,
will constitute a withdrawal of the grievance.
Further Level(s) of Review as Appropriate
1. The second level supervisor receiving the grievance will review it, render his/her decision, and
comments in writing, and return them to the employee within fifteen (15) calendar days after receiving
the grievance.
2. If the employee does not agree with the decision, or if no answer has been received within fifteen (15)
calendar days, and the employee wishes to continue in the process, he/she may present the grievance
in writing to the Town Manager – through the Human Resources Administrator.
1948630.4 137
3. Failure of the employee to take further action within five (5) calendar days after receipt of the
decision, or within a total of twenty (20) calendar days of referral to his/her second level supervisor if
no decision is rendered, will constitute a withdrawal of the grievance.
Town Manager – Final Step
1. Upon receiving the grievance, the Town Manager or his/her designated representative should discuss
the grievance with the employee and with other appropriate persons.
2. The Town Manager or designee may designate an external fact-finding committee to advise him/her
concerning the grievance.
3. He/she will render a final decision. The Town Manager’s decision may not be appealed.
1948630.4 138
TOWN OF FOUNTAIN HILLS EMPLOYEE GRIEVANCE FORM
Step 1: In accordance with Town of Fountain Hills Personnel Policy 1402, the employee is
responsible for instituting the first step of the grievance procedure without undue
delay after becoming aware of, or being reasonably expected to be aware of, a
violation of the Town of Fountain Hills’ Personnel Rules and Regulations. The
employee and the supervisor should make a good faith effort to informally resolve the
grievance at Step 1 of the grievance process.
Step 2: I have informally discussed this situation with the appropriate supervisory staff, but
have been unable to reach an acceptable resolution. I therefore submit a formal
grievance to my immediate supervisor in accordance with Town of Fountain Hills
Personnel Policy 1402.
Grievant’s Name: Job Title:
Submitted to: At Step II Date:
HISTORY AND FACTS OF GRIEVANCE: Provide as much specific information as possible,
including all pertinent names, dates and places. Indicate specifically which section of the Personnel
Rules and Regulations you believe was violated. Attach additional sheets and supporting
documentation if necessary.
REMEDY SOUGHT: State specifically what action(s) you are requesting to resolve your
complaint.
Grievant’s Signature: ___________________________________ Date: __________________
1948630.4 139
Step II – Supervisor’s Response: Grievance response must be returned to the aggrieved employee
within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if necessary.
Step II – Supervisor’s Signature _________________________________ Date: _____________
GRIEVANT’S ANSWER TO STEP II RESPONSE:
I accept resolution at Step II: Yes No
Submitted to: At Step III Date:
If answer is no, grievance must be submitted to Step III within five (5) calendar days of receipt of
Step II response. Give specific reasons why the Step II response is unsatisfactory, and what further
action(s) you are requesting to resolve your complaint.
Grievant’s Signature: ______________________________________Date: _________________
Step III – Department Head’s Response: Grievance response must be returned to the aggrieved
employee within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if
necessary.
Step III – Department Head’s Signature: _______________________________Date: _________
1948630.4 140
GRIEVANT’S ANSWER TO STEP III RESPONSE:
I ACCEPT RESOLUTION AT Step III: Yes No
Submitted to: At final step Date:
If answer is no, grievant may submit the grievance within five (5) calendar days of receipt of Step III,
the grievance may be submitted to the Town Manager at the Final Step. Give specific reasons why
the Step III response is unsatisfactory, and what further action(s) you are requesting to resolve your
complaint.
GRIEVANT’S SIGNATURE: _______________________________ DATE: _______________
Final step – Town Manager’s Response: The Town Manager’s grievance response will be returned to
the aggrieved employee within a reasonable amount of time to fully review the complaint. The Town
Manager may respond using the grievance form OR by separate letter which will be attached to the
grievance form.
TOWN MANAGER’S FINAL DECISION: As per Town of Fountain Hills Personnel Policy 1402,
the decision of the Town Manager is final and is not subject to appeal.
TOWN MANAGER’S SIGNATURE: _________________________________ DATE: ______
1948630.4 141
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES
POLICY: COVERED/UNCOVERED POSITIONS
POLICY NO: 1403
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To distinguish covered and uncovered positions with respect to the Town’s merit system
in accordance with Town Code § 3-2-1
STATEMENT OF POLICY: The merit system regulating the conditions of employment and
removal of employees of the Town (including grievance procedures established in Policy 1402) shall
not apply to:
• elected officials;
• officers subject to appointment and removal by the council;
• consultants hired on a contract basis;
• contract employees;
• part-time employees whose regular work week is nineteen hours or less;
• non-permanent employees;
• volunteer workers who receive no regular compensation from the Town; and
• members of boards, committees and commissions established by the Council.
1940886.1
ORDINANCE NO. 13-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN
CODE, CHAPTER 11, RELATING TO GRAFFITI REGULATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Fountain Hills Town Code, Chapter 11 (Offenses), Section 11-1-3
(Defacing Public and Private Property), is hereby amended by adding a new Subsection A
(Definitions) to read as follows, and renumbering subsequent subsections accordingly:
A. Definitions. The following words, terms and phrases, when used in this Section, have
the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
1. “Etch” means to permanently alter a surface by use of an etching solution or
implement.
2. “Graffiti” means writing, drawing, inscribing, etching, spray painting,
sketching or otherwise applying a message, slogan, sign, image or symbol or
mark of any type on any public or private building, structure or surface made
without the express permission of the responsible party.
3. “Responsible party” means an owner, occupant, lessor, lessee, manager,
licensee or other person having the right to control property upon which
graffiti occurs.
SECTION 2. The Fountain Hills Town Code, Chapter 11, (Offenses), Section 11-1-3
(Defacing Public and Private Property), is hereby amended by adding a new Subsection G (Graffiti
prohibited) to read as follows:
G. Graffiti prohibited. All sidewalks, walls, buildings, fences, signs, and other structures
or surfaces shall be kept free from graffiti that is visible from the street, right-of-way
or other public or private property.
1. Notice of Abatement. If it is determined by the Town that graffiti exists on
property in violation of this Section, the Town shall, in writing, notify the
responsible party with a notice of abatement. The notice of abatement shall
direct that the graffiti be abated within ten days of receipt of the notice. The
notice of abatement shall state that in the event the responsible party fails to
abate the graffiti within the time period specified in the notice of violation, the
Town may, in addition to the civil penalty remedies set forth in Section 1-8,
abate the graffiti as set forth in Subsection (G)(2) below, and may bill the
responsible party for the costs and administrative charge as set forth in
Subsection (G)(2) below. The notice of abatement may be served by regular
mail, personal service or by posting the subject property.
1940886.1
2
2. Town’s authority to abate. If the responsible party fails to abate the graffiti as
required by the notice of abatement, the Town may proceed to abate the
graffiti and may bill the responsible party for the costs thereof plus an
administrative charge of ten percent of the cost of abatement. The Town or
its authorized private contractor is expressly authorized to enter private
property and abate graffiti thereon in accordance with this section.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason to be held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 16, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
Issue 17 - M ay 3, 2013
Legisla tiv e Ov erv iew
To day marks th e 110th day o f the First Regu lar Sessio n of th e 51st Legislatu re . As was indic ated last we ek, th e
Legislature h as be gun holding floo r se ssion s three days a week. A fe w bills with mu nic ipal impac ts saw moveme nt this
wee k and are n oted be lo w. M e dic aid and talks of the bu dget c on tin ue to do minate th e le gislative rumor mill with n o
c le ar developmen ts o n e ith e r issu e. While rumo rs re garding tax simplific ation c on tin ue at the Capito l, me etings
c o ntinue be tween the League an d the governo r's o ffic e an d we see k to brin g the issu e to a fin al resolu tio n.
Other Bills of Note
(All bills being ac tively mo nitored by th e Le ague c an be fo und he re.)
Bi ll Number - Short Ti tl e - Subject(s)
HB 2404: NO W: bu ilding c odes; e ne rgy effic ien c y - regu latio n
HB 2608: EO RP; c losure ; de fine d c on tribu tio n- pe nsio n
SB 1470: NO W: pro hibited tax; dedic ated pro pe rty tax - financ e
Legis lative Bu lletin is published by the League of Ar izona Cities and Towns.
For war d your comments or suggestions to league@azleague.or g.
Issue 18 - M ay 10, 2013
Legisla tiv e Ov erv iew
To day marks the 117th day o f the First Regu lar Sessio n o f th e 51st Legislature. Th e subdue d level o f ac tivity
c o ntinue d this wee k as the Le gislatu re c o nside red a small slate o f bills. Two bills that the Leagu e suppo rts re lating
to Arizon a's pe nsion p lan s saw mo vemen t this week and are no te d be lo w. Tax simplific ation , M edic aid an d th e
bu dget c o ntinu e to do minate th e legislative rumo r mills. With regards to sine die, M emo rial Day (M ay 27th) seems to
represen t a target fo r legislato rs, mean ing floor ac tio n may inc re ase n ext wee k.
Other Bills of Note
(All bills being ac tively mo nitored by th e Le ague c an be fo und he re.)
Bi ll Number - Short Ti tl e - Subject(s)
HB 2562: pu blic retir e men t syste ms; in eligible employe es - pen sio n
HB 2608: EO RP; c losure ; de fine d c on tribu tio n- pe nsio n
Legis lative Bu lletin is published by the League of Ar izona Cities and Towns.
For war d your comments or suggestions to league@azleague.or g.