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Home My WebLink About130815P Revised 8/14/13 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 PM – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 PM – REGULAR SESSION WHEN: THURSDAY, AUGUST 15, 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 revised agenda posted: 8/14/13 Time posted: __________ AM Z:\Council Packets\2013\R130815\130815A.docx Last printed 8/14/2013 8:40 AM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. 38-431.03A.4: Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation, (Specifically, the Rural Metro Contract). 2. ADJOURNMENT REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Michele Hasley of North Chapel Church  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) INTRODUCTION of the Town of Fountain Hills Assistant Fire Chief, Dave Ott. ii) RECOGNITION of Town Resident Mari DeGroote, R.N., by the Fountain Hills Fire Department, for action taken relating to a car accident that occurred on June 23, 2013, with injured occupants. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 1, 2013. Date revised agenda posted: 8/14/13 Time posted: __________ AM Z:\Council Packets\2013\R130815\130815A.docx Last printed 8/14/2013 8:40 AM Page 3 of 4 2. CONSIDERATION of approving an EXPENDITURE with Tyler Technologies, Inc. in the amount of $55,288.87, for the twelve month period September 25, 2013, through September 24, 2014 for annual maintenance and support of the Town’s municipal enterprise financial software. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron #7, for the purpose of a fundraiser in conjunction with the Oktoberfest. The event is scheduled for Friday and Saturday, September 27-28, 2013, from 5:00-10:00 p.m., at Fountain Park. REGULAR AGENDA ITEMS 4. UPDATE by Councilmember Dickey and Public Safety Advisory Commissioner Carol Comito relating to the ACTIVITIES of the Maricopa Association of Governments (MAG) Regional Domestic Violence Council regarding domestic violence and human trafficking; and CONSIDERATION of RESOLUTION 2013-44, regarding support of the End Violence Against Women International (EVAWI) Start By Believing (SBB) Campaign, which is a focusing on raising awareness on the public’s response to sexual assault. 5. CONSIDERATION of approving the INVITATION FOR BIDS DS2014-103 with Vertical Build, LLC in the amount of $390,953.00 for the Fire Station No. 1 Renovation project. 6. CONSIDERATION of approving a BUDGET TRANSFER from the Administration Department contingency line item to the Community Services Department Fountain Park maintenance line item, in the amount of $20,653.29, for the emergency repair of a pump and valve for the fountain. 7. DISCUSSION WITH POSSIBLE ADOPTION of RESOLUTION 2013-16, the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy. 8. CONSIDERATION of approving a MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT with Fountain Hills Little League for new scoreboards in Golden Eagle Park. 9. CONSIDERATION of approving a REQUEST from representatives of the Fountain Hills High School to have students design and paint a mural on the wall of the pump- house at Fountain Park. 10. CONSIDERATION of adopting the Fountain Hills Community Center KITCHEN POLICIES regarding kitchen usage. 11. SEMI-ANNUAL REPORT on the PROGRESS OF IMPLEMENTING the Council's Strategic Plan Goals and Operational Priorities for FY2012-13. 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. Date revised agenda posted: 8/14/13 Time posted: __________ AM Z:\Council Packets\2013\R130815\130815A.docx Last printed 8/14/2013 8:40 AM Page 4 of 4 13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 14. ADJOURNMENT. DATED this 8th day of August, 2013. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Revised 8/14/13 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 PM – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 PM – REGULAR SESSION WHEN: THURSDAY, AUGUST 15, 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 revised agenda posted: 8/14/13 Time posted: __________ AM Z:\Council Packets\2013\R130815\130815A.docx Last printed 8/14/2013 8:40 AM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. 38-431.03A.4: Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation, (Specifically, the Rural Metro Contract). 2. ADJOURNMENT REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Michele Hasley of North Chapel Church  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) INTRODUCTION of the Town of Fountain Hills Assistant Fire Chief, Dave Ott. ii) RECOGNITION of Town Resident Mari DeGroote, R.N., by the Fountain Hills Fire Department, for action taken relating to a car accident that occurred on June 23, 2013, with injured occupants. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 1, 2013. Date revised agenda posted: 8/14/13 Time posted: __________ AM Z:\Council Packets\2013\R130815\130815A.docx Last printed 8/14/2013 8:40 AM Page 3 of 4 2. CONSIDERATION of approving an EXPENDITURE with Tyler Technologies, Inc. in the amount of $55,288.87, for the twelve month period September 25, 2013, through September 24, 2014 for annual maintenance and support of the Town’s municipal enterprise financial software. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron #7, for the purpose of a fundraiser in conjunction with the Oktoberfest. The event is scheduled for Friday and Saturday, September 27-28, 2013, from 5:00-10:00 p.m., at Fountain Park. REGULAR AGENDA ITEMS 4. UPDATE by Councilmember Dickey and Public Safety Advisory Commissioner Carol Comito relating to the ACTIVITIES of the Maricopa Association of Governments (MAG) Regional Domestic Violence Council regarding domestic violence and human trafficking; and CONSIDERATION of RESOLUTION 2013-44, regarding support of the End Violence Against Women International (EVAWI) Start By Believing (SBB) Campaign, which is a focusing on raising awareness on the public’s response to sexual assault. 5. CONSIDERATION of approving the INVITATION FOR BIDS DS2014-103 with Vertical Build, LLC in the amount of $390,953.00 for the Fire Station No. 1 Renovation project. 6. CONSIDERATION of approving a BUDGET TRANSFER from the Administration Department contingency line item to the Community Services Department Fountain Park maintenance line item, in the amount of $20,653.29, for the emergency repair of a pump and valve for the fountain. 7. DISCUSSION WITH POSSIBLE ADOPTION of RESOLUTION 2013-16, the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy. 8. CONSIDERATION of approving a MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT with Fountain Hills Little League for new scoreboards in Golden Eagle Park. 9. CONSIDERATION of approving a REQUEST from representatives of the Fountain Hills High School to have students design and paint a mural on the wall of the pump- house at Fountain Park. 10. CONSIDERATION of adopting the Fountain Hills Community Center KITCHEN POLICIES regarding kitchen usage. 11. SEMI-ANNUAL REPORT on the PROGRESS OF IMPLEMENTING the Council's Strategic Plan Goals and Operational Priorities for FY2012-13. 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. Date revised agenda posted: 8/14/13 Time posted: __________ AM Z:\Council Packets\2013\R130815\130815A.docx Last printed 8/14/2013 8:40 AM Page 4 of 4 13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 14. ADJOURNMENT. DATED this 8th day of August, 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. MARICOPA ASSOCIATION OF GOVERNMENTS REGIONAL DOMESTIC VIOLENCE COUNCIL MEETING MINUTES – April 4, 2013 MEMBERS ATTENDING *Celeste Adams, Save the Family Christina Avila, City of Avondale Sgt. Marc Rivers for Lt. Robert Bates, Phoenix Police Dept. *John Belatti, City of Chandler Prosecutor’s Office Candice Hewitt for Libby Bissa, Phoenix Family Advocacy Center John A. Blackburn, Jr., Arizona Criminal Justice Commission Allie Bones, Arizona Coalition Against Domestic Violence *Councilmember Samuel Chavira, City of Glendale Chief Steve Campbell, City of El Mirage, Vice Chair Chris Christy, Salt River Pima-Maricopa Indian Community *Lacey Rose Cox, Town of Gilbert Police Dept. Councilmember Ginny Dickey, Town of Fountain Hills *Jon Eliason, City of Mesa Prosecutor’s Office *President Diane Enos, Salt River Pima Maricopa Indian Community Kristen Scharlau for Naomi Farrell, City of Tempe +Linda Melendez for Janeen Gaskins, City of Surprise Patricia George for Will Gonzalez, City of Phoenix Prosecutor’s Office Laura Guild, Arizona Dept. of Economic Security *Cmdr. Kim Humphrey, City of Phoenix Police Dept. Lynette Jelinek, Glendale Fire Dept. Alice Ghareib for Mary Lynn Kasunic, Area Agency on Aging Patricia Klahr, Chrysalis Shelter, Inc. Councilmember Suzanne Klapp, City of Scottsdale Councilmember Sheri Lauritano, City of Goodyear Barbara Marshall, Maricopa County Attorney’s Office, Chair Mary Murphy, Governor’s Office for Children, Youth, and Families Dottie O’Connell, Chicanos por la Causa *Dick Geasland for Connie Phillips, Sojourner Center Kerry Ramella, City of Phoenix Fire Dept. Councilmember Lynn Selby, City of El Mirage Sarah Youngblood, Community Legal Services OTHERS PRESENT Breanna Olguin, The Salvation Army Carl Mangold, Private Practice Elizabeth Finn, Glendale City Court Erika Rodriguez, Salvation Army Jerald Monahan, Prescott Police Department Kristina Bunch, Goodyear Police Department Leonard Tartaglia, Tolleson Police Department Larry Grubbs, Arizona Criminal Justice Commission Laura Reid, Valley of the Sun United Way Leah Meyers, Governor’s Office Lynn Howe, Arizona Post Lucia Pena, The Salvation Army Mary Alice McKone, The Salvation Army Melissa Certo, City of Phoenix Rosalie Hernandez, A New Leaf Shelly Monahan, Guest Stephanie Smith, Peoria Police Department Teisha Portee, Scottsdale Police Department Tom Hutchinson, A New Leaf Virginia Rice, Arizona Foundation for Women Renae Tenney, MAG Nathalea Silva, MAG +Those attending by video/audio conference * Those not present or represented by proxy 1. Call to Order Chair Barbara Marshall, Maricopa County Attorney’s Office, called the meeting to order at 2:05 p.m. 2. Call to the Audience An opportunity was provided for members of the audience to address the Council on non- agenda items that fall under the jurisdiction of MAG, or agenda items for discussion but not for action. There were no comments. 3. Approval of the February 7, 2012 Meeting Minutes Chair Marshall called for approval of the February 7, 2012, MAG Regional Domestic Violence Council meeting minutes. Lynette Jelinek, Glendale Fire Department, motioned to approve the minutes. Chief Steve Campbell, Vice Chair, seconded the motion. The motion passed. 4. Start by Believing Presentation Chair Marshall invited Chief Monahan, Prescott Police Department, to present on the Start by Believing Campaign (SBB), through the End Violence Against Women International, a public awareness campaign focusing on the public’s response to sexual assault. Chief Monahan highlighted that the Council’s interest in this campaign aligns with President Obama’s recent proclamation and the National Sexual Assault Awareness and Prevention month. The President’s proclamation highlights the culture of fear that exists in communities that keep the violence hidden. The President urged communities to take small steps to change the culture that enables sexual violence. Chief Monahan noted that the SBB campaign is one small step in empowering victims to speak out against violence and seek help. The SBB campaign helps men and women who are burdened by the shame and the perception that no one will believe them. In the case of victims being fearful of not being believed, a message like SSB can go a long way in changing the culture in our communities. Chief Monahan noted that Judge Susan Carbon, former director of the Office of Violence Against Women, testified before the Senate Judiciary on September 14, 2010, about rape and the chronic failure to investigate rape cases in the United States. Her testimony touched on many of the issues that Arizona has experienced such as sexual assault examination backlogs and cases falling through the cracks. The most telling was of her testimony on why victims do not report crimes. The number one reason she stated was fear of not being believed. A research study from Pennsylvania University in 2005 also found the number one reason victims of sexual assault do not report a crime is the fear of not being believed. On a local level, Coconino County Coordinated Community Response Team, under the leadership of Beya Thayer, addressed this issue by providing a series of trainings in 2010 and 2011. The trainings focused on identifying predominant aggressors in domestic violence cases. The trainings were opened with the SBB video and a message from law enforcement about the importance of believing victims. More than 90 percent of law enforcement agencies in northern Arizona were exposed to this training and it was very well received. In addition, Flagstaff Police Department under Chief Kevin Treadway and other stakeholders in northern Arizona created their own version of SBB. After implementation it was also well received in their communities, including support from the bars that trained their security staff and bouncers. A leadership summit held in Flagstaff in August 2012, set up by Ms. Beya Thayer and the Coconino County Coordinated Community Response Team, addressed the issues of sexual assault and domestic violence. One of the goals of the summit was to start promoting the SBB campaign around the state. A number of agencies have added the logo and link to the campaign on their websites and emails. In addition, the Governor’s Commission to Prevent Violence Against Women approved a motion to support the communities that choose to adopt the SBB campaign. With all the work being done in Arizona, Ms. Joanne Archibald, the director of End Violence Against Women International, has agreed to speak on issues of sexual assault backlog and case management at the AACOP Conference in September. Ms. Archibald is a retired San Diego Police Department Sergeant. Chief Monahan stated the issues surrounding victims of sexual violence are very similar to those faced by victims of domestic violence. He requested that the MAG Regional Domestic Violence Council consider a motion to support the communities that choose to adopt the SBB campaign and adding the link to the Council’s webpage. Chair Marshall thanked Chief Monahan. She commented that the Council had no doubt he would continue to carry his message throughout the state. Ms. Renae Tenney indicated this agenda item is presented for information and discussion only. She noted the option of adding an action item to the Council’s next meeting to consider a resolution in support of the SBB campaign. She added that if the Council makes the recommendation for a resolution, it would need to be taken to the MAG Regional Council for approval. Chair Marshall instructed Ms. Tenney to add this as an agenda item for the June meeting. 5. MAG Continuum of Care Regional Committee on Homelessness/HEARTH Act Update Ms. Brande Mead was unable to offer an update to the council on the MAG Continuum of Care Regional Committee on Homelessness. In Ms. Mead’s absence, Chair Marshall invited Ms. Tenney to offer an update. Ms. Tenney reported the Continuum of Care Committee is working closely with the United States Department of Housing and Urban Development (HUD) appointed technical assistance consultants from HomeBase on advancing three main priorities critical to successful implementation of the Homeless Emergency and Rapid Transition to Housing (HEARTH) Act. The three priorities are: (1) Developing and implementing a regional coordinated assessment system, (2) Making changes to the Continuum of Care Governance Structure to align with the requirements in HEARTH, and (3) Providing technical assistance to transitional housing providers to ensure programs performing well and meeting community needs. The following progress has been made in each of the three areas. The first area is coordinated assessment system. Norm Suchar from the National Alliance to End Homelessness presented draft assessment tools during two community focus group sessions on February 27, 2013. Three tools were presented for use in a three-part assessment process including prevention/diversion assessment, shelter assessment, and housing prioritization. A follow up meeting was held on March 22, 2013, in which stakeholders provided feedback on the tools. Norm Suchar and the technical assistance consultants from HomeBase are in the process of scheduling the next community meeting in May. The purpose of this meeting will be to review changes to the assessment tools based on feedback from the focus group sessions. Discussion at the focus group sessions included the importance of screening for domestic violence immediately and making a quick referral to the domestic violence coordinated system. The CoC will work closely with those involved with the domestic violence system to ensure coordination of the systems. Ms. Tenney noted there were discussions during the focus groups about the need to identify domestic violence situations early in the screening process. The Arizona Coalition Against Domestic Violence and A New Leaf are developing a domestic violence coordinated assessment process, which would parallel the process that the Continuum of Care is working on. Ms. Allie Bones, Arizona Coalition Against Domestic Violence, emphasized the importance of having the assessment sites quickly identify if a person is a victim of domestic violence. If they go through the homeless assessment process, their information will be entered into HMIS. For victims of domestic violence, it is critical they get transferred to the domestic violence coordinated assessment system to exclude them from being in the HMIS system. The second area is transitional housing technical assistance. One-on-one technical assistance is being provided to HUD-funded transitional housing providers to help improve program performance. A “black-out” period occurred over the time when HUD’s Notice of Funding Availability (NOFA) was released. No technical assistance was provided during this time; however, it will be resuming soon. The third area is Continuum of Care Governance. The Continuum of Care is taking steps to align with the HEARTH requirements. The HEARTH Act clearly defines the representatives that need to be included within a Continuum of Care. It requires the Continuum of Care have a decision-making group similar to an Executive Board for the Continuum. The Continuum of Care Committee met on March 18, 2013, and recommended a new structure to include a decision-making Board. Much like today’s Continuum of Care Committee, the new structure also includes a Committee that carries out the responsibilities under the HEARTH Act. Ad-hoc stakeholder groups will be developed for specific purposes. They will be time- limited and meet as needed to take action on specific work. The next step is for the Continuum of Care to identify members for the Board and the Committee. The HEARTH regulations clearly state that victim service providers need to be represented in the Continuum of Care. It is important to the Continuum to have the domestic violence community represented within this structure. A recommendation on the new structure and membership will be taken to the MAG Regional Council for approval. 6. MAG Regional Domestic Violence Council Structure and Membership Workgroup Chair Marshall invited Ms. Tenney to discuss forming a workgroup to assess the MAG Regional Domestic Violence Council’s structure. Ms. Tenney noted discussions about the MAG Continuum of Care structure brought about the opportunity to also look at the Regional Domestic Violence Council’s structure. She assured the Committee the goal is not to remove members of the Council. The process would include looking at how the Council is structured, determining if any changes need to be made, and then taking a recommendation to the MAG Regional Council for approval. Ms. Tenney provided some background information about why the workgroup is being proposed. When MAG Committees are established, they have a clearly identified structure and membership approved by the MAG Regional Council. However, the Domestic Violence Council doesn’t have this as it was established in a unique manner. Prior to 1999, there was a large (approximately 50 people) domestic violence focused subcommittee that met with various working groups. This effort led to development of the first 1999 Domestic Violence Plan. This plan was approved by the MAG Regional Council, which included establishing the MAG Domestic Violence Council of today. The structure and membership of the Domestic Violence Council was not taken back to the MAG Regional Council for approval. The goal is to close this loop by taking forward a formal recommendation for the MAG Regional Domestic Violence Council’s structure. Ms. Tenney requested volunteers from the Council to participate in this workgroup. She noted their purpose would be to evaluate the existing structure and membership of the Council. The goal of the workgroup would be to determine if any changes should be made or any new representation should be added. Committee members who volunteered to participate in the workgroup include Ms. Patricia Klahr, Chrysalis, Ms. Dottie O’Connell, Chicanos por la Causa, Ms. Patricia George, City of Phoenix Prosecutor’s Office, Ms. Laura Guild, Arizona Department of Economic Security, and Ms. Christina Avila, City of Avondale. 7. Protocol Evaluation Project Update Chair Marshall invited Ms. Tenney to offer an update on the Domestic Violence Protocol Evaluation Project (PEP). Ms. Tenney noted that with the help of Ms. Mary Murphy and Ms. Leah Meyers at the Governor’s Office, Governor Brewer was filmed as part of the PEP training video. Governor Brewer will speak to law enforcement on the importance of working with domestic violence advocates in the video’s introduction. Ms. Tenney expressed thanks to the Governor’s Office for their continued support and involvement with the PEP project. Ms. Tenney provided an update on the Protocol Evaluation Project Implementation Survey. She noted the purpose of the survey is to assess how the protocol model is being used by law enforcement agencies regionally and across the state. Since the last meeting, the participation level among law enforcement agencies has increased significantly. Ms. Tenney commented that Ms. Nathalea Silva will provide more details about the survey findings later in the agenda. Ms. Tenney noted the coordination of a series of brown bag trainings for victim advocates. The next training dates and topics are: April 11, 2013 covering the topic of Trauma Informed Care; June 13, 2013 on Crisis Intervention; and October 10, 2013 on Reducing Rules. She stated a flyer with details about the trainings was included in the meeting materials. Ms. Tenney provided an update on plans for the annual PEP training event. The training event will be held earlier in the year. A handout was provided in the meeting materials with tentative plans for the event. The training will be an all-day event, scheduled for June 18, 2013, at the Glendale Civic Center. Ms. Tenney requested input from the Council on the format of the event, training topics, and speaker recommendations. Chief Campbell noted he was a presenter at last year’s event. One of the main concerns he heard was that there were too many workshop options and attendees were only given the ability to attend one of them. He commented that speakers were able to reach more people during the plenary sessions. The format used should depend on the topic and the anticipated level of interest in the topic. For example, domestic violence in households of returning veterans is a contemporary issue that goes beyond one small group. Ms. Sarah Youngblood, Community Legal Services, commented that the workshops are highly informative but found the larger discussion groups with topics of interest to everyone to be valuable as well. Ms. Tenney noted that the list of suggested training topics included terminology used by law enforcement, animal abuse and its correlation to domestic violence, domestic violence in households with returning veterans, predominant aggressor legislation, traumatic brain injury, trauma informed care, gun laws, and coordinated response with law enforcement and victim advocates. A list of the suggested training topics was provided in the meeting materials. In response to the list of suggested topics, Ms. Youngblood asked what would be the focus of the traumatic brain injury training. Ms. Bones noted this topic deals with understanding the impacts of Traumatic Brain Injury (TBI) and how victims of domestic violence may respond to different systems such as law enforcement, crisis responders, and shelters. It is also helpful to note how they process information. The training should offer education about TBI and its effects on victims of domestic violence. Ms. Youngblood suggested the topic of strangulation be included with this topic. Ms. Bones noted the City of Phoenix’s Roadmap to Excellence plan includes a focus on community awareness. She suggested having a training topic focusing on how the community can come together to bring about a culture shift that improves the response to domestic violence. Other training topic suggestions included effective batterer treatment programs, sexual violence, and reproductive coercion. Councilmember Ginny Dickey, Town of Fountain Hills, asked for clarification on the event’s intended audience. Ms. Tenney noted that the audience for the training is a broad group including law enforcement, prosecutors, and victim advocates. The focus of the event is to highlight best practices and opportunities to help increase implementation of the protocol model. Councilmember Dickey asked if educators might be part of this audience. Ms. Tenney indicated they are welcome to attend as well. Ms. Tenney requested input on possible trainers for the event. Ms. Patricia George, City of Phoenix Prosecutor’s Office, and Ms. Lynn Howe, Arizona Peace Officers Standards and Training Board, offered to help connect with the Arizona Coalition for Military Families. Ms. Patricia Klahr, Chrysalis, noted their partnership with the Brain Center at Barrows Neurological Institute and offered to help with a presenter on traumatic brain injury. Mr. Carl Mangold offered to assist in researching training on effective offender treatment programs. In addition, Ms. Bones, Arizona Coalition Against Domestic Violence, offered her staff to assist with training. Chief Campbell suggested incorporating into the training event an opportunity to discuss how success is measured and where success is being seen in Maricopa County. A conversation about what impact is being seen from the work of the project would be helpful. He added that being results-oriented can provide important insight into what changes might need to be made, if any, for improvement. Chair Marshall called for approval of the plans for the annual Protocol Evaluation Project Training Event. John A. Blackburn, Jr., Arizona Criminal Justice Commission, motioned to approve the plans. Chief Campbell, Vice Chair, seconded the motion. The motion passed. 8. Misdemeanor Domestic Violence Protocol Model Implementation Survey Nathalea Silva, MAG, reported on findings gathered from law enforcement agencies about their use of the MAG Misdemeanor Domestic Violence Protocol Model. The purpose of the survey was to assess the level of implementation of the protocol model across the state. With the help of the Arizona Association of Chiefs of Police (AACOP), a survey was distributed in December 2012, to gather information about implementation of the Protocol Model. The results were subsequently presented to the MAG Regional Domestic Violence Council and recommendations were made to re-distribute the survey in order to increase participation. Ms. Silva thanked Chief Campbell for his efforts and involvement in personally reaching out to law enforcement agencies to garner additional participation. After follow-up with agencies and a presentation about the importance of agency involvement to AACOP and the MAG Regional Council, survey participation increased and the updated findings reflect these results. The new findings provide insights into how the protocol model is being utilized and identifies opportunities to assist with further implementation. The new findings indicate an increase in the response and implementation rates. The survey was distributed to 61 law enforcement agencies across the state. Nineteen out of 21 agencies in Maricopa County and 11 out of 40 agencies outside the county responded to the survey. Responses received indicate the protocol model has a 95 percent implementation rate in Maricopa County and a 90 percent implementation outside the county. A list of protocols not currently implemented was made available in the meeting handouts. Ms. Silva noted that the protocol model has made a significant impact. Sixty-three percent of participating agencies reported implementation of the protocol model has resulted in their agency being better equipped to handle domestic violence cases, 30 percent were neutral, and seven percent indicated that the protocol model was not helpful. Ms. Silva presented the top five areas of opportunity. These included the protocols least implemented by law enforcement agencies such as contacting victim advocates, conducting follow-up with victims, identifying emergency medical personnel, filling out injury documentation form, and conducting safety planning with victims. These protocols were identified as areas with potential for improved implementation across the region. Ms. Silva spoke about the barriers to implementation provided by respondents. She stated limited staff is one of the largest barriers reported followed by agencies not having adequate training. Agencies noted additional resources such as more staff, additional funding, increased training, and technical assistance would assist in further implementation of the protocol model. As the next steps, Ms. Silva suggested the five areas of opportunity be examined to determine whether agencies need additional training or additional staff to implement these protocols. Ms. Tenney suggested taking the information back to the law enforcement affinity group to determine whether these protocols were not implemented due to training, limited staff, or both. She noted the possibility that the verbiage used in the protocol model might have resulted in the response of non-implementation in some situations. She gave the example of one agency that responded they do not identify medical emergency personnel because the language in the protocol states including their cell phone numbers in the police report. However, they provided an explanation that indicates they do include other information to assist with contacting medical personnel for follow up. She commented this needs to be part of the discussion to determine if some of the terminology in the protocols need to be revised. Chair Marshall suggested comparing the initial survey results of the protocol project with the results that came out of the implementation survey. Comparison of the data can possibly produce results-oriented data to demonstrate how far the protocol model has evolved. The June 18th training event could provide an opportunity to demonstrate how the protocol has made an impact. Ms. Tenney stated law enforcement agencies were initially contacted to provide their domestic violence protocols. She indicated there was little information gathered at that time. Ms. Tenney noted she would look back to see if there is information that might be helpful to showing impact of the model. Vice Chair, Steve Campbell, added the protocol model is only one of many facets that need to work together to eliminate the problem of domestic violence. The implementation survey provides a launching pad for further study and provides a tool for law enforcement. Further data needs to be acquired to assess how other agencies, programs, and other key players are working together. In addition, opportunities need to be identified to show the protocol model is working. This will help keep the protocol model relevant and of interest to community partners. Ms. Marshall indicated prior discussions were held about how to quantify successful results of the impact of the Protocol Evaluation Project. She noted the need to continue these conversations. Ms. Tenney reported that additional assessment will be conducted with the help of the Arizona Criminal Justice Commission to provide a more in-depth analysis on domestic violence arrests and disposition data. This will include reviewing best practices to determine ways to measure success moving forward. Ms. Bones indicated other jurisdictions have quantified this data from a cost perspective. For example, researchers in San Diego identified the cost of a domestic violence homicide starting from the initial call. This approach may help to determine if implementing certain protocols impacts costs. Ms Bones suggested assessing the areas of opportunity from the implementation survey results as possible training topics for the June 18th training event. Ms. Tenney indicated the five areas of opportunity will be taken to the law enforcement partners to determine what types of training and technical assistance might be helpful to furthering implementation. Chair Marshall called for approval of the baseline data for measuring implementation of the MAG Misdemeanor Protocol Model in the MAG region. Chief Campbell, Vice Chair, motioned to approve the plans. John A. Blackburn, Jr., Arizona Criminal Justice Commission, seconded the motion. The motion passed. 9. Success Stories An opportunity was provided for Committee members to share success stories. • Chief Campbell shared a quote from a victim who worked with El Mirage’s victim advocate. The victim said, “Thank you for your help. I thought this was going to be a long eternity but for the first time I feel a sense of hope.” He commented that with their agency in the infant stage of utilizing victim advocates, this message is reinforcement of the importance of their efforts. • Ms. George announced that the domestic violence team from the City of Phoenix Police Department will be recognized with an award of excellence by the city for their work in implementing their new domestic violence protocol. • Ms. Youngblood shared a child custody case success. A client had suffered 15 years of verbal abuse from her husband. The abuse recently became physical. The abuser was also verbally abusive to their 15 year-old daughter. The law student externs at Community Legal Services worked on the case and did all the preliminary pre-trial statements and disclosures. Ms. Youngblood recognized the great work done by the students. At trial the victim had agreed to joint custody but after hearing the evidence the judge granted her sole custody of the children. The judge granted the couple’s 11 year-old son visitation every other weekend and the daughter visitation at her discretion. She noted this was a victory for the family. • Judge Elizabeth Finn shared the City of Glendale has 10 partner cities utilizing their protective order coordinator supported through a VOCA Grant. When the first six cities were brought together, it was discovered that not all courts were using forms completed by the plaintiff to assist in serving protective orders. A presentation was made to the AACOP in 2012 where the Chiefs unanimously agreed to use the form if the Supreme Court mandated it. However, these efforts were slowed when law enforcement legal advisors made the finding the document was to be considered a public record. With the help of the Arizona Coalition Against Domestic Violence, House Bill 2392 is moving forward. This bill states the document will be a confidential record used by courts and law enforcement. This means the information can be passed between agencies and the defendant would not know what the plaintiff reported. Once the bill goes through, a request can be made to the Supreme Court to mandate that all courts use the form. This will help law enforcement find the defendant to serve orders of protection. This applies to orders, injunctions, and injunctions against harassment. The grant goes through October 2014 and additional cities will be added to the partnership. • John A. Blackburn, Jr., recognized the efforts made by Ms. Tenney and Chief Campbell in their appeal to the AACOP to increase participation among law enforcement agencies. • Councilmember Dickey asked about the Council’s stand on applying for the recent Department of Justice Award offered to cities for work on domestic violence. Ms. Bones commented the awards have already been granted to 12 cities. She noted one city in Arizona applied for the award but it was not received. • Ms. Kerry Ramella, City of Phoenix Fire Department, shared that the City of Phoenix formed a task group to look at domestic violence and they came up with their roadmap to excellence and five pillars, which involve city staff working together with the community to do promotion and marketing. There is a lot of support from city managers. • Ms. Candice Hewitt shared that Libby Bissa has been promoted to director of the Phoenix Family Advocacy Center. • Ms. Bones thanked Judge Finn for her recognition of the AZ Coalition Against Domestic Violence’s legislative work. Ms. Bones noted a problematic amendment was added to the predominant aggressor bill while it was going through the legislative process. The Coalition was assured by their sponsors that the amendment will be removed as the bill moves forward. Two big legislatrive issues are Medicare expansion and funding for Child Protective Services. Both topics are actively supported by the Coalition. In addition, Ms. Bones announced Ms. Thayer as the Coalition’s new Domestic Violence Fatality Review Coordinator. She will be working with fatality review teams across the state. Ms. Thayer received all the fatality review reports from the Attorney General’s Office and will be producing a statewide report. Ms. Bones stated the Coalition released a report on the connection between domestic violence and gun violence. The report found there is a connection between guns and domestic violence. The Coalition has been collecting homicide data and consistently more than 60 percent of the domestic violence homicides committed in Arizona are gun-related homicides. The Coalition participated in a press conference with the Mayors Against Illegal Guns about this connection. The Coalition encourages support of universal background checks for all gun purchases. She commented that where domestic violence prohibited possessors are prohibited from obtaining guns, it helps save lives. 10. Request for Future Agenda Items • Presentation of Statewide Domestic Violence Fatality Review report. • Information about changes in licensing regulations for offender treatment programs. 11. Comments from the Council Councilmember Dickey asked if the Council would take a stance on the gun law issues. Chair Marshall responded that the Council is a neutral, non-political body. The Council is receptive to information but does not take political stances. Mr. Mangold stated that effective July 1, 2013, regulations for offender treatment programs are being altered significantly by the Arizona Department of Health Services. On their website, they post the current and proposed regulations. He commented that these changes will impact law enforcement and the court system. Ms. Howe, AZ POST, suggested the Council consider including the topic of mental health concerns for veterans returning from war for the June 18th training event. Ms. Tenney announced that the National Domestic Violence Fatality Review Initiative Conference is scheduled for May 19 through 21, 2013 in Phoenix. 12. Adjourn: Chair Marshall thanked everyone for their attendance. The meeting adjourned at 3:20 p.m. The next MAG Regional Domestic Violence Council meeting is scheduled for June 6, 2013. May 31, 2013 TO: Members of the MAG Regional Domestic Violence Council FROM:Barbara Marshall, Maricopa County Attorney’s Office, Chair SUBJECT: MEETING NOTIFICATION AND TRANSMITTAL OF TENTATIVE AGENDA Meeting - 2:00 p.m. Thursday, June 6, 2013 MAG Office, Suite 200 - Saguaro Room 302 North 1st Avenue, Phoenix The next Regional Domestic Violence Council meeting will be held at the MAG offices at the time and place noted above. Members of the Regional Domestic Violence Council may attend either in person, by videoconference or by telephone conference call. The meeting agenda and resource materials are also available on the MAG website at www.azmag.gov. In addition to the existing website location, the agenda packet will be available via the File Transfer Protocol (FTP) site at: ftp://ftp.azmag.gov/RegionalDomesticViolenceCouncil. This location is publicly accessible and does not require a password. Please park in the garage underneath the building. Bring your ticket to the meeting, and parking will be validated. For those using transit, the Regional Public Transportation Authority will provide transit tickets for your trip. For those using bicycles, please lock your bicycle in the bike rack in the garage. In 1996, the Regional Council approved a simple majority quorum for all MAG advisory committees. If the Regional Domestic Violence Council does not meet the quorum requirement, members who have arrived at the meeting will be instructed a legal meeting cannot occur and subsequently be dismissed. Your attendance at the meeting is strongly encouraged. Pursuant to Title II of the Americans with Disabilities Act (ADA), MAG does not discriminate on the basis of disability in admissions to or participation in its public meetings. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the MAG office. Requests should be made as early as possible to allow time to arrange the accommodation. If you have any questions, please contact Rachel Brito at rbrito@azmag.gov or (602) 254-6300. MAG REGIONAL DOMESTIC VIOLENCE COUNCIL TENTATIVE AGENDA June 6, 2013 COUNCIL ACTION REQUESTED 1. Call to Order 1. Welcome and introductions. 2. Call to the Audience An opportunity will be provided to members of the public to address the Regional Domestic Violence Council on items not scheduled on the agenda that fall under the jurisdiction of MAG, or on items on the agenda for discussion but not for action. Citizens will be requested not to exceed a three minute time period for their comments. A total of 15 minutes will be provided for the Call to the Audience agenda item, unless the Regional Domestic Violence Council requests an exception to this limit. Please note that those wishing to comment on agenda items posted for action will be provided the opportunity at the time the item is heard. 2. Information. 3. Approval of the April 4, 2013 Meeting Minutes 3. Approve the April 4, 2013 MAG Regional Domestic Violence Council meeting minutes. 4.2012 Domestic Violence Fatality Report Beya Thayer, Arizona Coalition Against Domestic Violence, will present the 2012 Domestic Violence Fatality Report to include a summary of findings and recommendations based on the work of Domestic Violence Fatality Review Teams across the state. 4. Information and discussion. 5.Start By Believing Campaign At the April MAG Regional Domestic Violence Council meeting, a presentation on the Start By Believing (SBB) Campaign was offered by Chief Jerald Monahan, Prescott Police Department. SBB is a public awareness campaign focusing on the public’s response to sexual assault. Council members will have the opportunity to recommend approval of a Resolution of Support for the SBB Campaign. 5.Recommend approval of a Resolution of Support for the Start by Believing Campaign. 2 MAG Regional Domestic Violence Council -- Tentative Agenda June 6, 2013 6. Protocol Evaluation Project Update Renae Tenney, MAG, will provide an update on the Protocol Evaluation Project to include the Stronger Systems, Safer Survivors training event; the Structure and Membership Workgroup, and plans for the training video. 6.Approval of plans for 2013 MAG Protocol Evaluation Project training video. 7.City of Phoenix Update Libby Bissa, City of Phoenix, will provide an update on the City of Phoenix Roadmap to Excellence and efforts underway to become a national model for addressing domestic violence. 7.Information and discussion. 8.Success Stories The Committee will have an opportunity to share stories of success experienced during their work with survivors of domestic violence. 8.Information. 9. Request for Future Agenda Items Topics or issues of interest that the Regional Domestic Violence Council would like to have considered for discussion at a future meeting will be requested. 9.Information. 10. Comments from the Council An opportunity will be provided for Regional Domestic Violence Council members to present a brief summary of current events. The Regional Domestic Violence Council is not allowed to propose, discuss, deliberate or take action at the meeting on any matter in the summary, unless the specific matter is properly noticed for legal action. 10. Information. 3 Ð:HOOWKDWÎVZKDW VKHJHWVIRU QRWWDNLQJWKHEXVÑ There is no shame when a loved one dies. When your car is stolen. When you’re diagnosed with cancer. Friends and loved ones gather around you for support. They don’t blame you for “bringing it on yourself.” It should be the same with sexual violence. Rape and sexual assault are just as unpredictable, just as devastating. But all too often, victims who have the courage to tell someone are blamed for bringing it on themselves. A terrifying attack becomes a source of shame, not support. And the pain—and shame—ripples with destructive effects on families, communities and the very fabric of our society. Sexual violence hurts everyone. End Violence Against Women (EVAW) International is dedicated to changing the way we respond to rape and sexual assault in our communities. Our goal is to pave the way for survivors to achieve justice and healing, so the decision to come forward and seek help is a safe one. Our vision is to end the cycle of repeat offenses and assure that rapists are held accountable for their crimes. Please support us, and transform this vision to reality. :+(1620(21(&20(672<28 :+$7:,//<2855($&7,21%(" $%287 (1'9,2/(1&($*$,167 :20(1,17(51$7,21$/ EVAW International was founded by Sergeant Joanne Archambault (Retired, San Diego Police Department) in 2003, with the goal of improving the criminal justice response to violence against women. Working with professionals inside and outside the system, we seek to improve outcomes for victims, pursuing accountability for their assailants and preventing future attacks. We envision a world where gender-based violence is unacceptable on every level — and the victims whose lives, families and communities are torn apart receive the compassion, support and justice they deserve. When we create a system that helps survivors not only to heal, but to thrive, they will transform our world with strength, hope, and joy. P.O. Box 33 | Addy, WA 99101-0033 | 509.684.9800 (P) | 509.684.9801 (F) | evawintl.org | info@evawintl.org | Ð0\GDXJKWHUGLHG LQDFDUFUDVKÑ www.startbybelieving.org EVAW International is the only organization dedicated to improving the criminal justice response to violence against women on every level — within the professions tasked with responding to victims and across society as a whole. Why? Because EVAW International recognizes the many steps a survivor must take on the road to justice and healing. Reaching out to a friend or loved one to say she’s been sexually assaulted… calling the police and being interviewed in embarrassing detail… submitting to a medical forensic exam that could take hours… talking with advocates and counselors about an incredibly painful experience… and participating in an investigation that disrupts her life… all of this to hold a rapist accountable, so everyone can live in a safer community. There are so many steps. And each step is a link in the chain of support. But like any chain, one weak link can compromise the strength of the others. A police ofﬁ cer doesn’t believe and refuses to conduct an investigation. A doctor or nurse doesn’t believe and fails to provide an exam. A friend doesn’t believe and accuses her of “crying rape.” Just a single negative reaction can mean the whole chain falls apart. What’s worse, this means a victory for the rapist. He remains free to rape again. And statistics show that he won’t just attack once — because rapists attack an average of six times. It’s a frightening equation: one failed response equals ﬁ ve more assaults. We must do better. And we can do better. At EVAW International, we know how. We have the expertise, the resources, the tools and the models for best practice to help communities strengthen every link in their chain of response. One failed response… ﬁ ve more assaults. Stop the cycle and make our communities safer. To change our response to sexual violence, EVAW International focuses on connecting professionals and strengthening the community’s response system. We bring together the many diverse professionals who respond to victims of violence against women — to communicate, share, learn — and ultimately to strengthen the whole system by better understanding each component. All of this collaborative work is focused on creating a more compassionate response for the victim, a more aggressive prosecution of the perpetrator, and a more secure environment for communities everywhere. EVAW International provides a wealth of expertise, resources and tools in this area. We also offer numerous opportunities for collaborative learning for professionals who work in— or interface with -- the criminal justice response system. These include: International conferences held each year, to connect and educate professional responders—with a unique focus on multidisciplinary collaboration Expert consultation on best practice and an international model of response Original training curricula and resource materials—in print and online Distribution of key research on gender-based violence and best practice for responses Media and public awareness campaigns to underscore how every citizen plays a role in—and beneﬁ ts from—improved responses Strategic partnerships with other organizations in pursuit of our shared vision 3$9,1*7+(52$'72-867,&( $1'+($/,1*21(67(3$7$7,0( 675(1*7+(1,1*7+(6<67(0 %<,03529,1*7+(5(63216( <2855($&7,21 0$.(67+(',))(5(1&( EVAW International focuses on the public response, because a friend or family member is typically the ﬁ rst person a victim conﬁ des in after an assault. Knowing how to respond is critical—a negative response can worsen the trauma. Our Start by Believing awareness campaign is leading the way toward a positive community response. The goal is to inform the public, unite allies and supporters, and improve our reactions— changing the world, one response at a time. P.O. Box 33 | Addy, WA 99101-0033 | 509.684.9800 (P) | 509.684.9801 (F) | evawintl.org | info@evawintl.org | 6 7$55 7 %<< Ð:HOOWKDWÎVZKDW VKHJHWVIRU QRWWDNLQJWKHEXVÑ There is no shame when a loved one dies. When your car is stolen. When you’re diagnosed with cancer. Friends and loved ones gather around you for support. They don’t blame you for “bringing it on yourself.” It should be the same with sexual violence. Rape and sexual assault are just as unpredictable, just as devastating. But all too often, victims who have the courage to tell someone are blamed for bringing it on themselves. A terrifying attack becomes a source of shame, not support. And the pain—and shame—ripples with destructive effects on families, communities and the very fabric of our society. Sexual violence hurts everyone. End Violence Against Women (EVAW) International is dedicated to changing the way we respond to rape and sexual assault in our communities. Our goal is to pave the way for survivors to achieve justice and healing, so the decision to come forward and seek help is a safe one. Our vision is to end the cycle of repeat offenses and assure that rapists are held accountable for their crimes. Please support us, and transform this vision to reality. :+(1620(21(&20(672<28 :+$7:,//<2855($&7,21%(" $%287 (1'9,2/(1&($*$,167 :20(1,17(51$7,21$/ EVAW International was founded by Sergeant Joanne Archambault (Retired, San Diego Police Department) in 2003, with the goal of improving the criminal justice response to violence against women. Working with professionals inside and outside the system, we seek to improve outcomes for victims, pursuing accountability for their assailants and preventing future attacks. We envision a world where gender-based violence is unacceptable on every level — and the victims whose lives, families and communities are torn apart receive the compassion, support and justice they deserve. When we create a system that helps survivors not only to heal, but to thrive, they will transform our world with strength, hope, and joy. P.O. Box 33 | Addy, WA 99101-0033 | 509.684.9800 (P) | 509.684.9801 (F) | evawintl.org | info@evawintl.org | Ð0\GDXJKWHUGLHG LQDFDUFUDVKÑ www.startbybelieving.org EVAW International is the only organization dedicated to improving the criminal justice response to violence against women on every level — within the professions tasked with responding to victims and across society as a whole. Why? Because EVAW International recognizes the many steps a survivor must take on the road to justice and healing. Reaching out to a friend or loved one to say she’s been sexually assaulted… calling the police and being interviewed in embarrassing detail… submitting to a medical forensic exam that could take hours… talking with advocates and counselors about an incredibly painful experience… and participating in an investigation that disrupts her life… all of this to hold a rapist accountable, so everyone can live in a safer community. There are so many steps. And each step is a link in the chain of support. But like any chain, one weak link can compromise the strength of the others. A police ofﬁ cer doesn’t believe and refuses to conduct an investigation. A doctor or nurse doesn’t believe and fails to provide an exam. A friend doesn’t believe and accuses her of “crying rape.” Just a single negative reaction can mean the whole chain falls apart. What’s worse, this means a victory for the rapist. He remains free to rape again. And statistics show that he won’t just attack once — because rapists attack an average of six times. It’s a frightening equation: one failed response equals ﬁ ve more assaults. We must do better. And we can do better. At EVAW International, we know how. We have the expertise, the resources, the tools and the models for best practice to help communities strengthen every link in their chain of response. One failed response… ﬁ ve more assaults. Stop the cycle and make our communities safer. To change our response to sexual violence, EVAW International focuses on connecting professionals and strengthening the community’s response system. We bring together the many diverse professionals who respond to victims of violence against women — to communicate, share, learn — and ultimately to strengthen the whole system by better understanding each component. All of this collaborative work is focused on creating a more compassionate response for the victim, a more aggressive prosecution of the perpetrator, and a more secure environment for communities everywhere. EVAW International provides a wealth of expertise, resources and tools in this area. We also offer numerous opportunities for collaborative learning for professionals who work in— or interface with -- the criminal justice response system. These include: International conferences held each year, to connect and educate professional responders—with a unique focus on multidisciplinary collaboration Expert consultation on best practice and an international model of response Original training curricula and resource materials—in print and online Distribution of key research on gender-based violence and best practice for responses Media and public awareness campaigns to underscore how every citizen plays a role in—and beneﬁ ts from—improved responses Strategic partnerships with other organizations in pursuit of our shared vision 3$9,1*7+(52$'72-867,&( $1'+($/,1*21(67(3$7$7,0( 675(1*7+(1,1*7+(6<67(0 %<,03529,1*7+(5(63216( <2855($&7,21 0$.(67+(',))(5(1&( EVAW International focuses on the public response, because a friend or family member is typically the ﬁ rst person a victim conﬁ des in after an assault. Knowing how to respond is critical—a negative response can worsen the trauma. Our Start by Believing awareness campaign is leading the way toward a positive community response. The goal is to inform the public, unite allies and supporters, and improve our reactions— changing the world, one response at a time. P.O. Box 33 | Addy, WA 99101-0033 | 509.684.9800 (P) | 509.684.9801 (F) | evawintl.org | info@evawintl.org | 6 7$55 7 %<< EVAW International is the only organization dedicated to improving the criminal justice response to violence against women on every level — within the professions tasked with responding to victims and across society as a whole. Why? Because EVAW International recognizes the many steps a survivor must take on the road to justice and healing. Reaching out to a friend or loved one to say she’s been sexually assaulted… calling the police and being interviewed in embarrassing detail… submitting to a medical forensic exam that could take hours… talking with advocates and counselors about an incredibly painful experience… and participating in an investigation that disrupts her life… all of this to hold a rapist accountable, so everyone can live in a safer community. There are so many steps. And each step is a link in the chain of support. But like any chain, one weak link can compromise the strength of the others. A police ofﬁ cer doesn’t believe and refuses to conduct an investigation. A doctor or nurse doesn’t believe and fails to provide an exam. A friend doesn’t believe and accuses her of “crying rape.” Just a single negative reaction can mean the whole chain falls apart. What’s worse, this means a victory for the rapist. He remains free to rape again. And statistics show that he won’t just attack once — because rapists attack an average of six times. It’s a frightening equation: one failed response equals ﬁ ve more assaults. We must do better. And we can do better. At EVAW International, we know how. We have the expertise, the resources, the tools and the models for best practice to help communities strengthen every link in their chain of response. One failed response… ﬁ ve more assaults. Stop the cycle and make our communities safer. To change our response to sexual violence, EVAW International focuses on connecting professionals and strengthening the community’s response system. We bring together the many diverse professionals who respond to victims of violence against women — to communicate, share, learn — and ultimately to strengthen the whole system by better understanding each component. All of this collaborative work is focused on creating a more compassionate response for the victim, a more aggressive prosecution of the perpetrator, and a more secure environment for communities everywhere. EVAW International provides a wealth of expertise, resources and tools in this area. We also offer numerous opportunities for collaborative learning for professionals who work in— or interface with -- the criminal justice response system. These include: International conferences held each year, to connect and educate professional responders—with a unique focus on multidisciplinary collaboration Expert consultation on best practice and an international model of response Original training curricula and resource materials—in print and online Distribution of key research on gender-based violence and best practice for responses Media and public awareness campaigns to underscore how every citizen plays a role in—and beneﬁ ts from—improved responses Strategic partnerships with other organizations in pursuit of our shared vision 3$9,1*7+(52$'72-867,&( $1'+($/,1*21(67(3$7$7,0( 675(1*7+(1,1*7+(6<67(0 %<,03529,1*7+(5(63216( <2855($&7,21 0$.(67+(',))(5(1&( EVAW International focuses on the public response, because a friend or family member is typically the ﬁ rst person a victim conﬁ des in after an assault. Knowing how to respond is critical—a negative response can worsen the trauma. Our Start by Believing awareness campaign is leading the way toward a positive community response. The goal is to inform the public, unite allies and supporters, and improve our reactions— changing the world, one response at a time. P.O. Box 33 | Addy, WA 99101-0033 | 509.684.9800 (P) | 509.684.9801 (F) | evawintl.org | info@evawintl.org | 6 7$55 7 %<< Ð:HOOWKDWÎVZKDW VKHJHWVIRU QRWWDNLQJWKHEXVÑ There is no shame when a loved one dies. When your car is stolen. When you’re diagnosed with cancer. Friends and loved ones gather around you for support. They don’t blame you for “bringing it on yourself.” It should be the same with sexual violence. Rape and sexual assault are just as unpredictable, just as devastating. But all too often, victims who have the courage to tell someone are blamed for bringing it on themselves. A terrifying attack becomes a source of shame, not support. And the pain—and shame—ripples with destructive effects on families, communities and the very fabric of our society. Sexual violence hurts everyone. End Violence Against Women (EVAW) International is dedicated to changing the way we respond to rape and sexual assault in our communities. Our goal is to pave the way for survivors to achieve justice and healing, so the decision to come forward and seek help is a safe one. Our vision is to end the cycle of repeat offenses and assure that rapists are held accountable for their crimes. Please support us, and transform this vision to reality. :+(1620(21(&20(672<28 :+$7:,//<2855($&7,21%(" $%287 (1'9,2/(1&($*$,167 :20(1,17(51$7,21$/ EVAW International was founded by Sergeant Joanne Archambault (Retired, San Diego Police Department) in 2003, with the goal of improving the criminal justice response to violence against women. Working with professionals inside and outside the system, we seek to improve outcomes for victims, pursuing accountability for their assailants and preventing future attacks. We envision a world where gender-based violence is unacceptable on every level — and the victims whose lives, families and communities are torn apart receive the compassion, support and justice they deserve. When we create a system that helps survivors not only to heal, but to thrive, they will transform our world with strength, hope, and joy. P.O. Box 33 | Addy, WA 99101-0033 | 509.684.9800 (P) | 509.684.9801 (F) | evawintl.org | info@evawintl.org | Ð0\GDXJKWHUGLHG LQDFDUFUDVKÑ www.startbybelieving.org 2015484.1 RESOLUTION NO. 2013-44 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, EXPRESSING SUPPORT FOR THE “START BY BELIEVING CAMPAIGN” THROUGH THE END VIOLENCE AGAINST WOMEN INTERNATIONAL ORGANIZATION. WHEREAS, End Violence Against Women International (“EVAWI”) was established to inspire and educate those who respond to gender-based violence, equipping them with the knowledge and tools they need to support victims and to hold perpetrators accountable; and WHEREAS, EVAWI promotes victim-centered, multi-disciplinary collaboration, which strengthens the response of the criminal justice system, other professionals, program allies and the general public-making communities safer; and WHEREAS, the Arizona Department of Public Safety reported that in 2011 there were 1,653 reports of rape or attempted rape, which is five sexual assaults per day; and WHEREAS, the National Coalition Against Domestic Violence reports sexual assault occurs in approximately 40-45 percent of relationships involving domestic violence; and WHEREAS, according to the United States Department of Justice, only 40 percent of sexual assaults are reported; and WHEREAS, research indicates that victims do not report sexual assault for fear that the people working in the criminal justice system will not believe them and rather will blame the victim; and WHEREAS, sexual assault is a violent crime with devastating safety and health implications for every person in the Town of Fountain Hills, be they a victim, a family member, a loved one, a friend, a neighbor, or a co-worker of a victim; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to support victims of sexual assault by participation in the Start By Believing Campaign, a public awareness campaign focusing on the public’s response to sexual assault. 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 Town Council hereby supports victims of sexual assault through collaborative efforts within the Town by participation in the Start By Believing Campaign as deemed appropriate. 2015484.1 SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents 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, August 15, 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 1942206.1 RESOLUTION NO. 2013-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) has determined that it is in the best interests of the citizens of Fountain Hills to establish a formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with persons or entities for municipal sponsorships, co-sponsorships, sole sponsorships and marketing arrangements (including facility naming rights); and WHEREAS, the Town Council approved Resolution No. 2011-31 on August 4, 2011, adopting the Amended and Restated Town of Fountain Hills, Arizona, Policy and Procedures for Civic Naming of Streets, Buildings, Structures and Recreational Facilities Naming Policy (the “Existing Naming Policy”); and WHEREAS, the Town Council desires to amend and replace the Existing Naming Policy to incorporate the procedures for municipal sponsorship. 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. Resolution 2011-31 is hereby repealed in its entirety, including the Existing Naming Policy adopted therein. SECTION 3. The Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy is hereby adopted in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution or any part of the Policy adopted herein by reference 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 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Resolution. 1942206.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, August 15, 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 1942206.1 EXHIBIT A TO RESOLUTION NO. 2013-16 [Municipal Sponsorship and Naming Rights Policy] See following pages. 1937832.2 TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY 1. Purpose. To establish for the Town of Fountain Hills, Arizona (the “Town”) a formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with, persons or entities for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships and Marketing Arrangements, (including Facility Naming Rights), the following Municipal Sponsorships and Naming Rights Policy (this “Policy”) is hereby adopted by the Mayor and Council of the Town (the “Town Council”). This Policy is intended to set forth the process for the Town to participate in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement programs to give valuable support to important Town programs, facilities and services for public benefit by (i) providing funding for Town events from private businesses and (ii) allowing the Town to partner with activities provided by outside entities. In doing so, the Town must ensure its actions are consistent and appropriate to the Town’s vision, mission and values. This Policy is not intended to apply to Bequests or Donations (each as defined below). This Policy shall: A. Establish Procedures. Establish consistent procedures and practices for receipt or solicitation of Municipal Sponsorships (as defined below), Co-Sponsorships (as defined below), Sole Sponsorships (as defined below) and Marketing Arrangements (as defined below) by Town staff. B. Encourage Sponsorships. Encourage solicitation of Municipal Sponsorship opportunities such as Facility Naming Rights, Sole Sponsorships, Co-Sponsorships, Marketing Arrangements and similar agreements that generate revenue (financial or in-kind) in support of existing and new Town facilities, projects, programs or services. C. Encourage Partnerships. Develop public/private alliances to provide programs, events, venues and services within the Town. D. Encourage Staff Innovation. Empower Town departments to seek Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement opportunities to provide funds for programs, events, venues or services they might not otherwise be able to provide to Town residents and visitors. E. Safeguard Town Interests and Goals. Ensure that Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities (1) safeguard the Town’s assets and interests, (2) support the Town’s goals of service to the community and (3) remain responsive to the public’s needs and values. F. Establish Naming Framework. Provide a framework within which requests to name public facilities are considered and evaluated. 2. Scope. This Policy shall govern all Town departments regarding the solicitation of, and the unsolicited offers/requests from third parties related to, Municipal Sponsorships, Co- Sponsorships, Sole Sponsorships and Marketing Arrangements for Town programs, projects, 1937832.2 2 events, venues, facilities and services. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement solicitations shall be in furtherance of the Town’s needs and conducted in accordance with the provisions in this Policy. All Town staff responsible for, or otherwise involved in, Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities on behalf of the Town or their respective departments shall adhere to the policies, procedures and guidelines set forth herein. A. Third Party Solicitation. Subject to the conditions of this Policy, Town staff may solicit or respond to solicitations from third parties for such Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements for the Town. B. Fair Compensation. At all times, recognition for Municipal Sponsorships or Marketing Arrangements must be evaluated to ensure the Town is receiving fair and competitive compensation and that such recognition is consistent with the scale of each Sponsor or Marketing Arrangement’s contribution. C. Outside the Scope of this Policy. This Policy shall not apply to: (1) Funding obtained through formal grant programs or through intergovernmental agreements with other political subdivisions of the State. (2) Town support of external projects where the Town provides funds to an outside organization (examples include, but are not limited to, grants to Nonprofit Organizations). (3) Gifts, Bequests, or unsolicited Donations to a Town department or the Town where no reciprocal commercial benefit is given or expected and no business relationship exists. 3. Definitions. Bequest. A gift or contribution of cash, goods or services given voluntarily and expressed in writing through a will or other testamentary document. Co-Sponsorship. Participation by the Town (via direct funding, waived fees, staff coordination or technical assistance) in an event that is provided by an outside entity and that is closely aligned with or furthers a core Town program or service. Donation. A gift or contribution of cash, goods or services given voluntarily toward an event, project, program or corporate asset where no reciprocal commercial benefit is given or expected. If reciprocal commercial benefits are given or a business relationship exists with a corporate donor, the contribution will be a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement, as applicable, and the principles of this Policy will apply. Facility Naming Rights. The naming of Town-owned and/or operated buildings, structures, natural features and recreational facilities, whether in whole or portions thereof (hereafter referred to individually as a “Facility” or collectively as “Facilities”), and streets, roads or any 1937832.2 3 public rights-of-way (hereafter referred to individually as a “Street” or collectively as the “Streets”) within the corporate limits of the Town. Portions of a Facility may have names other than that of the entire Facility and features may be dedicated to or in honor of a person such as “Smith Beach” or “Jones’ Amphitheater,” subject to the provisions of this Policy. In-Kind Contribution. A contribution received in the form of goods and/or services rather than cash as part of a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement. Marketing Arrangement. A mutually beneficial business arrangement between the Town and a third party, wherein the third party provides cash and/or in-kind services to the Town in return for access to the commercial marketing potential associated with the Town. Marketing Arrangements may include Municipal Sponsorship or Sole Sponsorship of one or more of the Town’s programs, projects, events, Facilities or activities. Municipal Sponsorship. A business relationship in which the Town and another entity exchange things of value, including a public display of support. This value can be financial, in- kind or benefits related to visibility/exposures, publicity or market reach. It should not be confused with Donations (as defined above), the sale of advertising or innovative approaches to purchasing goods or services. Municipal Sponsorships include funds, products or services provided by a company or individual to the Town, in consideration of the opportunity for the company or individual to promote its name, product or service in conjunction with a Town program, project, event, venue or activity. Nonprofit Organizations. Organizations designated under the Federal Tax Code as 501(c)(3). Sister Agency. Local government entities that are traditional partners with the Town (i.e. Fountain Hills Unified School District and Fountain Hills Sanitary District). Request for Proposals (“RFP”). An open and competitive process whereby the Town invites companies, subsidiaries or individuals to express their interest in participating, and submit proposals to participate, in Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities with the Town. Sole Sponsorship. A business relationship in which a company, subsidiary or individual has paid to be the only Sponsor of a Town program, project, event, venue or activity. Sponsor. A company or individual that provides the Town with a Municipal Sponsorship and that enters into a Municipal Sponsorship agreement with the Town to promote itself and/or its products or services. Standards of Responsibility. The requisite standards to enter into a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement with the Town. Factors to be considered in determining whether the standards have been met include, but are not limited to, whether a prospective sponsor: (i) has available (or the ability to obtain) the appropriate financial, material, equipment, Facility, personnel resources and expertise necessary to indicate its capability to meet all contractual requirements; (ii) is able to comply with required or 1937832.2 4 proposed delivery or performance scheduling; (iii) has a satisfactory record of performance; (iv) has a satisfactory record of integrity and business ethics; and (v) is qualified legally to contract with the Town. 4. Restrictions. In general, the following industries and products are not eligible for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements, including Facility Naming Rights, with the Town, but the Town may elect to enter into Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships or Marketing Arrangements with these restricted industries or products when it is deemed appropriate by the Town Council acting in its sole discretion. A. Prohibited or Restricted Products. A company, subsidiary and association with products or services that are prohibited or restricted by Town Code or other governing laws and policies. B. Adult Products. A company or subsidiary whose business is substantially derived from the sale or manufacture of tobacco products, products prohibited under federal law or sexual/adult-oriented products. C. Alcohol Sponsor at Youth-Related Events. Alcoholic beverages when the intended audience of or participants in the Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement are youth under the legal drinking age. D. Parties not Deemed Responsible. Parties that are not deemed responsible under the Standards of Responsibility. E. Parties to Litigation. Parties involved in a lawsuit with the Town. F. Separate Contracts. Parties involved in any stage of negotiations for a Town contract unless the contract is directly linked to a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity. G. Conflicts of Interest. Individuals or commercial enterprises having past, present or pending business agreements or associations with the Town, if a Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreement would create an appearance of impropriety. H. Pending Land-Use Approval. Parties with an active case for any land-use approval before the Town. I. Religious or Political Entities. Religious or political associations or candidates running for any political office. 1937832.2 5 5. Roles and Responsibilities. A. Responsibilities of Town Departments. (1) Initiating Town Department. The initiating Town department shall (a) ensure adherence to the principles and guidelines outlined in this Policy, (b) prepare a proposal setting forth the scope of the program or project as provided in Subsection 6(A) below and (c) work with the Town Finance Division to ensure appropriate budgeting of revenues and expenditures and with the Town Attorney’s Office to ensure the integrity of the procurement process and the legal sufficiency of contractual obligations. (2) Finance and Budget. The Finance Division shall provide general guidance, cost/benefit analysis, and direction relating to the appropriate budgeting of revenues and expenditures in a manner that maximizes the benefits of each Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights arrangement for the initiating Town department, the Town and the Sponsor. (3) Procurement. When applicable, the Town Manager or authorized designee shall oversee the preparation of the RFP or other competitive solicitation for Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights opportunities. (4) Town Attorney. The Town Attorney’s Office shall provide legal review of any RFP or other competitive solicitation for Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights opportunities and oversee the preparation of all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights agreements. (5) Town Manager. The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement activities, including interim reports provided from time to time by Town departments. The Town Manager also shall be responsible for determining the frequency of reports by Town departments. 6. Procedures. The Town’s participation in Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship, Marketing Arrangement and/or Facility Naming Rights activities shall be according to the procedures set forth below. For Municipal Sponsorships, Co- Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights arrangements initiated by the Town, subsections 6(A) – (G) shall apply; for Municipal Sponsorships, Co-Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights arrangements initiated by another person or entity, subsections 6(B), (D), (E), (F) and (G) shall apply. A. Prepare a Proposal. A Town department considering a potential Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights arrangement shall prepare a proposal setting forth the scope of the program or 1937832.2 6 project, including a description of the community benefit, financial goals, means of recognition, potential interested Sponsors, and general marketing strategy if a Marketing Arrangement is involved. The proposal shall be submitted to the Department Director for review and approval. If Facility Naming Rights are involved and will result in a name change to an existing Facility, the history and legacy of the current municipal Facility should be considered and/or incorporated within the new proposed name. All Facility or Street naming shall be in accordance with the additional procedures set forth in Sections 8 and 9 below. B. Estimate Value. If the proposed Municipal Sponsorship or Marketing Arrangement includes Facility Naming Rights or granting Sole Sponsorship, the Department Director shall provide a reasonable basis for determining the value of the Municipal Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity. At the Town Manager’s discretion, a qualified third party may be used to establish value. C. Develop and Implement Solicitation. The applicable Town department, working with the Town Attorney, shall develop an RFP for each Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship or Marketing Arrangement opportunity valued greater than $30,000 and all Facility Naming Rights opportunities and the most beneficial, qualified response shall be submitted to Town Council with a recommendation for approval. Town-originated Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangements valued at $30,000 or below and revenue producing or “no-cost” Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities that involve the provision of commodities or services provided either to the Town or the Fountain Hills community in support of Town operations, functions or programs through which the provider will benefit monetarily, must be awarded using a competitive process that is appropriate to the value, complexity and profile of the business opportunity. Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship or Marketing Arrangement proposals forwarded to the Town are not subject to competitive solicitations if the proposed Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity is determined through a good faith effort to be unique and without interested competitors. D. Evaluate Submissions. The applicable Town department shall review and analyze all responsive submittals received and shall provide a recommendation of approval or denial to the Town Manager. The submittals shall be reviewed against selection criteria that may include, but are not limited to: (1) Consistency of the prospective entity’s products, customers and promotional goals with the Town’s character, values and service priorities, including the most recently adopted Town Council goals. (2) The ability for the Town to retain its identity as owner/operator of the Facility or principal provider of the service. (3) The prospective entity’s historical participation and association with community projects, events and continued willingness to participate. 1937832.2 7 (4) The operating and maintenance costs to the Town associated with the proposed sponsorship. (5) Anticipated public perception of the association with the Town and the prospective entity and community support for, or objection to, the prospective entity. (6) The prospective entity’s regard for and demonstrated success in valuing diversity. (7) The prospective entity’s regard for and demonstrated success in environmental stewardship. E. Develop Agreement. In the event a Municipal Sponsorship, Co- Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights proposal is recommended for approval, the Town department will work with the Town Attorney’s Office to prepare an agreement consistent with all applicable Town Codes, policies and ordinances. The agreement shall contain a provision granting the Town the right to suspend or terminate the Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights agreement if, in the sole discretion of the Town Manager or the Town Council (whichever approved the agreement), the continued arrangement would no longer satisfy the selection criteria by which the arrangement was initially approved. F. Manager Review; Council Approval. The Town Manager shall review all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship and Marketing Arrangement proposals and shall submit all Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements with an aggregate value greater than $30,000 and all agreements involving Facility Naming Rights to the Town Council for final approval. Municipal Sponsorship, Co-Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements with an aggregate value to the Town of $30,000 or less may be approved by the Town Manager. G. Record Financial Transaction. In the event a Municipal Sponsorship is received as an “in-kind” donation of goods or services, the Finance Division shall create and retain a record of that donation and any associated revenue or expense to the Town to document the financial transaction to the Town. 7. Co-Sponsorship Requests. The Town actively supports the efforts of Nonprofit Organizations, other governmental agencies and Sister Agencies whose events are (i) held in Town parks and Facilities and (ii) further Town core program goals and services. Such support may include fee waivers, reduced fees, reduced rental charges and co-sponsorship. All permit fee waivers and reductions, reduced Facility rentals and Co-Sponsorship agreements must comply with the guidelines and procedures set forth below. A. Fees. The Town charges everyone a fee to permit and have priority use of any park, amenity, stage or recreation Facility. This fee is to cover extra operational expenses associated with the use or event and to guarantee the space for the permittee. Fees are based upon the purpose and size of the event. Additional fees are charged as a damage deposit. Fees may be modified as follows: 1937832.2 8 (1) Any Nonprofit Organization that meets the guidelines set forth below may receive a 50% reduction in fees or rentals. (2) The Town may further reduce or waive an outside organization’s permit or rental fees for an event on Town property, as determined by the Town Manager or designee, that (a) has close association with the Town’s core program goals and services and (b) provides the Town with positive marketing exposure. B. Requirements for Reduced Fees. Any Nonprofit Organization applying for a Town permit or Facility rental may be granted a 50% reduction in fees if the following criteria are met: (1) The mission of the Nonprofit Organization does not conflict with the Town’s regulations, mission or policies. (2) No fundraising activities are involved as a part of the program or event. Any exceptions must be approved by the Town Manager or designee. (3) The Nonprofit Organization permit-holder must remain responsible for damage fees and other costs, including, but not limited to, general liability insurance, police coverage, player/team fees, electrical fees, lights, overnight security, concessions, toilet/trash service agreements, fencing and any other additional needs and agreements pertaining to the event. Damage deposits are never waived for events conducted by organizations from outside of Fountain Hills. Events at the Desert Vista Skate Park require an additional damage deposit in addition to the regular park permit procedure. (4) Except for Municipal Sponsorship Agreements, any fee reductions for athletic field permits should be limited to youth tournaments and events only. Youth programs must be based in Fountain Hills and primarily serve Fountain Hills residents. The permit-holder is responsible for the damage deposit and any athletic field light fees. C. Requests for Co-Sponsorships of Non-Governmental Entities. The Town has a limited in-kind budget each year to actively co-sponsor events. Primarily, the Town can provide limited staff coordination and technical assistance. Organizations still must fund other associated costs, including, but not limited to, the cost of additional dumpsters, portable toilets, lighting, etc. When evaluating proposals from organizations, the following criteria are used: (1) The event/program should promote beneficial use of the park, Facility, or program. (2) The event/program should be free and open to the public. (3) The event/program should support the Town’s core recreation programs, mission and goals. 1937832.2 9 (4) The event/program should demonstrate community pride and involvement. (5) The event/program should not have a religious or political purpose. (6) Priority should be given to events/programs that support or positively impact youth. (7) The sponsoring organization should clearly recognize the Town as a co-sponsor (including logo) on all materials and announcements associated with the event or program, subject to the Town’s prior, written approval of the use of the Town logo or trademarks. The Town may display its banners at all co-sponsored events. D. Requests for Co-Sponsorship of Other Governments and Sister Agencies. (1) If another governmental entity or Sister Agency (i.e. Fountain Hills Unified School District or Fountain Hills Sanitary District) is only a supporting sponsor for another outside organization, that other outside organization still must apply for Town co-sponsorship. (2) If another governmental entity or Sister Agency is the primary organizer for a public program or event, generally the Town will grant a request to be a co-sponsor. Like sponsorship of outside organizations, the governmental entity or Sister Agency still is responsible for all other costs associated with the program or event. (3) The governmental entity or Sister Agency holding the program or event must clearly acknowledge the Town as a co-sponsor on all written materials associated with the event, subject to the Town’s prior, written approval of any use of the Town logo or trademarks. 8. Facility Naming General Policies. A. Recommendations to Other Bodies. This Policy should be followed in reviewing or preparing the Town’s official comments or recommendations to State, Federal, and/or intergovernmental boards taking actions regarding geographic names, naming or renaming of Facilities or Streets. B. Town Request; Town Council Consideration. The Mayor, three members of the Town Council, or the Town Manager may request the naming or renaming of a Facility or a Street. Thereafter, the Town Council shall discuss the requested renaming at a public meeting. C. Bond-Financed Facilities or Streets. If a bond-financed Facility or Street is proposed or requested to be named or renamed, bond counsel must review and approve the request or proposal before consideration at a Town Council meeting. 1937832.2 10 D. Public Notice. The Town Council shall provide appropriate public notice of any Street or Facility naming actions in conjunction with other agenda items for regularly- scheduled meetings. E. Changes to Approved Names. Once a name has been officially approved by the Town Council, changes should be strongly resisted. F. Town Council Discretion. In all cases, the Town Council reserves the right to accept or reject any proposal to name or rename a Street or Facility, in its sole discretion. G. Town Manager Duties. The Town Manager, upon approval of the naming or renaming action by the Town Council, shall implement names or name changes of Facilities or Streets. The Town Manager shall notify those who have submitted the suggestion as well as other appropriate offices and agencies. Upon Town Council denial of a name or name change, the Town Manager shall notify those who requested the name change. 9. Facility Naming Criteria. A. For Facilities and Streets Generally. Recognizing that the naming or renaming of a Facility or Street should be approached cautiously with forethought and deliberation, the following criteria are hereby established: (1) To avoid duplication, confusing similarity or inappropriateness, the Town Council, in considering name suggestions, shall review existing Facility and/or Street names, as applicable. (2) In naming Facilities and Streets, consideration shall be given to geographic location, historical or cultural significance and natural or geological features. In the construction of a Facility, the address designation shall be used until the formal naming of the Facility. Whenever possible, naming shall be made prior to the completion of construction of a Facility or Street. (3) Facilities and Streets may be named only for a deceased individual or individuals if (i) the individual or individuals has/have enhanced the quality of life within the Town and (ii) two years or more has elapsed between the consideration for naming and the time of death of the individual or, in the case of related individuals, two years after the death of one of the individuals. The deceased individual shall have performed outstanding service in one or more of the following categories: (a) Maintained involvement in a leadership role in civic organizations that are devoted to community improvement. (b) Provided assistance to the underprivileged, economically disadvantaged or physically and/or mentally handicapped. 1937832.2 11 (c) Actively promoted and directed community events and activities that have clearly added to the enrichment of the quality and quantity of cultural life within the community. (d) Actively promoted and implemented effective programs and activities within the community for the Town’s youth. (e) Actively promoted and implemented effective programs and activities within the community for the Town’s senior citizens. (f) Assumed an active leadership role in developing and implementing programs directed to the improvement of the visual aesthetic appearance of the community at the commercial, public or residential level. (g) Assumed an active leadership role in developing programs and Facilities directed toward the improvement of community social and health needs as well as programs directed toward humanitarian purposes. B. Additional Criteria Applicable to Streets. In considering the renaming or naming of a Street, the Town Council shall consider the following: (1) Street names, plats, specific sites and places and natural features indicated on general usage maps for 50 years or more (age criteria applied by the National Register of Historic Places) should be changed only under exceptional circumstances. Street names shall not be similar in spelling or pronunciation to a presently-existing major collector or arterial road in the Phoenix Metropolitan area. No Street shall be named by number only according to the street numbering grid (i.e. 150th Street) unless the Street follows a straight north-south alignment. (2) Attention should be paid to maintaining sequential, numerical and alphabetical naming patterns when considering any Street name changes or additions. All Streets shall be named and numbered consistently with the County-wide street numbering system and no such name or change of name shall take effect until (a) the affected public safety agencies have been notified and (b) all impacted public safety dispatch maps have been amended. Any extensions of presently-existing Streets within or into the Town shall bear the same name as the existing roadway. No Street name shall contain a homonym. (3) New Streets shall be named according to the following guidelines: (a) In most cases, the Street name will be proposed by the property owner, reviewed by the Town staff and approved by the Town Council as part of its consideration of a final plat for a development within the Town. (b) If an unnamed private Street is dedicated to the Town, the name may be suggested by the property owners thereon, but the Town Council shall make the final determination. 1937832.2 12 (4) No Street shall be renamed unless: (a) The new Street name is not one already well-known in the Phoenix metropolitan area. (b) There are no (or very few) buildings or other addressed Facilities presently existing along the Street. (c) The new Street name will not be confused with other existing Streets in the Town. (d) The new Street name shall not be the same as a specific living person within the Phoenix Metropolitan area. C. Historical Reference. Changes of names for Facilities or Streets should be approved only when they do not violate historical or common usage names. Facilities and Streets may be named after research reveals that the area around the Facility or Street has been commonly, yet unofficially, named by the residents in the area. D. Donor Naming. Facilities and Streets may be permanently named for an individual (alive or deceased), organization, or business if that individual, organization or business has made a donation of money, land or other goods and/or services to the Town equal to at least half the full cost of the Facility or Street, either for purposes of developing a particular Facility or Street or for the Town’s Capital Fund. Such arrangements will be called “Permanent Naming.” Permanent Naming proposals that are not in accordance with Section 4 of this Policy shall not be considered. 1937957.3 MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT THIS MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT (this “Agreement”) is entered into and effective August 15, 2013, by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Fountain Hills Little League, Inc., an Arizona non-profit corporation (“Little League”), for the purposes set forth below. RECITALS A. The Town is the record owner of certain real property known as Golden Eagle Park, located on Golden Eagle Boulevard, in Fountain Hills, Arizona, as depicted on Exhibit 1, attached hereto and incorporated herein by this reference (the “Park”). Located within the Park are ballfields and related facilities suitable for use as little league baseball fields, as depicted on Exhibit 1 (the “Ballfield Area”). B. Little League desires to make improvements to the Ballfield Area by installing new electronic scoreboards at the locations depicted on Exhibit 2 attached hereto and incorporated herein by reference, and in the style, configuration, size and componentry set forth on Exhibit 3 attached hereto and incorporated herein by reference (the “New Scoreboards”), which shall be a benefit to the Town and to Little League. C. The Town is authorized to enter into Municipal Sponsorship agreements pursuant to the Town of Fountain Hills Municipal Sponsorship and Naming Policy adopted August 15, 2013, by Resolution 2013-16 (the “Sponsorship Policy”). D. Little League has requested, and Town has agreed to enter into, this Agreement in accordance with the Sponsorship Policy to establish the parameters for Little League’s (i) use of the Ballfield Area during certain times of the year and (ii) installation and use of the New Scoreboards, including granting to Little League a non-exclusive license upon, over, across and through the Ballfield Area for the purposes of (i) installing, or causing to be installed, the New Scoreboards at its sole expense, (ii) installing sponsor signage on the New Scoreboards, (iii) installing temporary sponsor signage on banners attached to the backstops and dugout areas and (iv) generally conducting Little League baseball games (the “Permitted Uses”), all during the time period of February 1st to July 31st each year (the “Season”) during the Licensed Period (defined below). AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by reference, the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Town and Little League agree as follows: 1937957.3 2 1. Grant of License and Term. The Town hereby grants to Little League a license (the “License”) on, over, through and across the Ballfield Area for the Permitted Uses annually during the Season from August 15, 2013 until August 15, 2023 (the “Licensed Period”). This License shall be for the benefit and use of Little League, its employees, subcontractors and assigns (including without limitation employees, officers and agents) and no others. This License shall automatically terminate and shall be of no force or effect after the Licensed Period, unless extended by mutual agreement of the Town and Little League. 2. Manner of Use of the Property. Little League shall use due care and diligence in the use of the Ballfield Area for the duration of the Licensed Period and in the exercise of its rights hereunder, and it will at all times exercise its rights hereunder at such times and in such manner as approved by Town and as will not cause (i) any interference with the business operations on the Town’s property, including the Park, (ii) any interference with the customary access to or from Town’s property or the Ballfield Area or (iii) any damage or injury to Town’s property, the Ballfield Area, or to any agents, employees or invitees of Town, ordinary wear and tear excepted. Additionally, Little League, at its sole expense, without reimbursement from the Town, shall: 2.1 Damage to Park/Ballfield Area. Ensure that all turf, asphalt, curbing and sidewalks on or around the Ballfield Area are protected from damage by Little League’s, its agent’s or invitee’s vehicles entering or exiting the Ballfield Area. If such vehicles damage the turf, asphalt, curbing or sidewalk, Little League shall, at its sole expense, repair or replace such damages to the satisfaction of the Town. Prior to first utilizing the Ballfield Area during any Season within the License Period, Little League shall provide photographic evidence to the Town of all existing damage to perimeter curbs, gutter, sidewalk, turf and pavement, if any. Photographs must clearly show the location of existing damage on the Ballfield Area. 2.2 Restoration of Area. Restore or cause to be restored, prior to the completion of any Season within the License Period, the portions of the Ballfield Area accessed or utilized by Little League pursuant to this Agreement to substantially the same condition as existed on the Ballfield Area prior to Little League carrying out the Permitted Uses, ordinary wear and tear excepted. 2.3 Hazardous Materials. Ensure that no hazardous or toxic materials are introduced onto the Ballfield Area or any adjacent property. In the event of any contamination of property or loss or damage to persons arising from any hazardous or toxic materials introduced by Little League onto the Ballfield Area or any adjacent property, whether with or without the Town’s consent, Little League shall (A) notify the Town immediately of any contamination, claim of contamination, loss or damage, (B) after consultation and approval by the Town, clean up the contamination in a full compliance with all applicable statutes, rules and regulations and (C) indemnify, defend and hold the Town harmless for, from and against any liabilities, claims, suits, causes of action, costs and expenses, including reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this subsection shall survive the expiration or earlier termination of this Agreement. 1937957.3 3 2.4 Storage. Not use any portion of the Ballfield Area for staging or storage of materials or equipment other than those to be used in connection with the Permitted Uses. 2.5 Signage Restrictions. Little League shall adhere to the Sponsorship Policy and any policies for Little League sponsorship as set forth by Little League International in evaluating and accepting any sponsors for inclusion on the signage in the Ballfield Area. Additionally, the signs utilized in the Ballfield Area shall, except for the New Scoreboard, be temporary in nature and not permanently affixed to any structure or object in the Ballfield Area or elsewhere in the Park. In addition to the regulations set forth above, signs within the Park: A. Shall not include light-emitting diodes, luminous tubing, fiber optics, luminescent panels or other flashing moving or animated features and shall in all respects comply with the Town’s sign regulations. B. Shall not refer to or connote any sexual or excretory function. C. Shall not refer to or connote any elicit use of drugs or drug-related paraphernalia. D. Shall not contain any racially or ethnically derogatory material, statements or images. E. Shall not have any connotations that are profane or obscene. F. Shall not use linguistics, numbers, phonetics, foreign translations or upside down or reverse readings to achieve a reference or connotation prohibited in Subsections 2.5(A)-(E) above, the Little League regulations or the Sponsorship Policy. 2.6 New Scoreboard. Little League shall have the right, at its sole expense, to install the New Scoreboards in accordance with the Town’s applicable codes and to the Town’s satisfaction with licensed, bonded contractors, which construction shall be subject to final inspection and approval by the Town. If Little League chooses to install the New Scoreboards, prior to commencing such installation, it shall (A) submit all required documents and secure such permits as are required by the Town’s codes or regulations, (B) remove the existing scoreboards on the Ballfield Area as designated in Exhibit 2 with licensed contractors properly qualified, bonded and insured to perform such work and (C) remove or cause removal of the existing scoreboards from the Park to the location designated by the Town. A. Little League shall have the right to allow for recognition of its sponsors on the New Scoreboard for a period of time beginning on the date the Town accepts installation of the New Scoreboard and continuing for three years thereafter (the “Sponsor Recognition Period”). Following the Sponsor Recognition Period, Little League shall be permitted to use the New Scoreboard for signage representing its sponsors; provided, however, that it shall set aside not less than 10% of the funds received from such sponsors, which funds shall be used for maintenance and repair costs related to the New Scoreboard. 1937957.3 4 B. It shall be Little League’s sole responsibility to maintain and operate the New Scoreboard in top condition during the entire term of this Agreement. The New Scoreboard shall be delivered to the Town in proper working order at the end of the License Period and any extension thereof. C. The Town shall have the right to use the New Scoreboards at all times other than during the Season. Little League shall make the control equipment for the New Scoreboards available to the Town within 24 hours of a request from the Town. 3. Liens and Encumbrances. Little League represents and warrants that it will maintain the Ballfield Area free and clear from any liens or encumbrances of any nature whatsoever in connection with Little League’s use of the Ballfield Area. 4. No Claims against the Town. Nothing contained in this Agreement shall constitute any consent (except where consent is expressly required and given under this Agreement) by the Town, express or implied, for the performance of any labor or services or the furnishing of any materials or other property with respect to the use of the Ballfield Area or any part thereof, or as giving Little League any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against the Town, except as any such claim is expressly provided for by State Statute despite the provisions of this Section. Any labor, services or material furnished to the Ballfield Area in connection with the fulfillment of Little League’s rights or obligations hereunder shall be the sole responsibility of Little League. 5. Indemnification. To the fullest extent permitted by law, Little League 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 use of the Ballfield Area by Little League, its officers, employees, agents, any tier of subcontractor, assigns and invitees. 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. 6. Insurance Coverage and Limits. Prior to making use of the Ballfield Area, Little League shall obtain, at its own expense, and provide the Town evidence of, insurance sufficient to insure the Town’s interests against claims for personal injury, bodily injury, death, property damage occurring on, in, or about the Ballfield Area, with a “Combined Single Limit” covering personal injury liability, bodily injury liability and property damage liability of not less than $2,000,000.00. The Town shall be endorsed as an additional insured on such policy. 7. 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 1937957.3 5 given if deposited in the U.S. Mail, registered or certified, return receipt requested, 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 Little League: Fountain Hills Little League, Inc. P.O. Box 17904 Fountain Hills, Arizona 85269 Attn: President or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage. 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. 8. Permits; Compliance with Laws. Little League shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for Little League’s use of the Ballfield Area during the Licensed Period. Little League shall comply with all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection of the environment, and the employment of workers. In exercising any rights and privileges under this Agreement, Little League shall comply fully with all applicable permits, authorizations, approvals and other requirements. 9. 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. 10. 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 1937957.3 6 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. 11. 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. 12. 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. 13. Entire Agreement. This instrument contains the entire agreement between the parties with respect to Little League’s use of the Ballfield Area for the Permitted Uses. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the parties. 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. 14. Counterparts. This Agreement may be executed in counterparts, all of which are identical, each of which shall be deemed an original, and all of which counterparts, when executed, taken together shall constitute one and the same instrument. 15. Reservation of Rights. The Town hereby reserves all such rights and privileges in the Ballfield Area as may be used and enjoyed by Town without interfering with or abridging the rights conveyed to Little League. 16. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the assigns and successors and tenants of the parties hereto. 17. No Third Party Beneficiaries. Except as specifically provided herein, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third party person, nor shall any third party person be deemed to be a beneficiary or any of the provisions contained herein. 18. Termination. The Town reserves the right to terminate this Agreement at any time due to Little League’s failure to meet any of the conditions of this Agreement. Upon termination, Little League shall remove all equipment and material, except for the New Scoreboards, and return the Ballfield Area to original condition (as of the effective date of this Agreement) within 48 hours of receipt of written notice that this Agreement has been terminated. 19. Cancellation by Town. This Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 1937957.3 7 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: 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] 1937957.3 EXHIBIT 1 TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT [Map of Park and Ballfield Area] See following pages. 1937957.3 EXHIBIT 2 TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT [Depiction of New and Existing Scoreboards Location] See following pages. 1937957.3 EXHIBIT 3 TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT [Depiction of New Scoreboards] See following pages. SEMI-ANNUAL REPORT STRATEGIC PLAN GOALS and OPERATIONAL PRIORITIES FY2012-13 August 15, 2013 Page 1 of 11 At a Goal Setting Retreat held on January 26, 2012, the Council determined Strategic Plan Goals for FY12-13 based on Strategic Plan 2010. Subsequently, the Council agreed on Operational Priorities for FY12-13 at a Council/Staff Retreat held on August 23, 2012. On October 4, 2012, the Town Council adopted the Strategic Plan Goals and Operational Priorities for FY12-13 as enumerated in the report below. The purpose of this report is to describe progress made by staff toward accomplishing these goals and operational priorities during the second half of the fiscal year. The following graph depicts progress staff has made toward achieving Strategic Plan Goals during the fiscal year 2012-13: 0 10 20 30 40 50 60 70 80 90 100 Maintain and Improve Community Infrastructure Recreational Opportunities and Amenities Economic Vitality Civic Responsibility Civility PERCENT COMPLETE PROGRESS TO STRATEGIC PLAN GOALS FOR FISCAL YEAR 2012-13 1st Half 2nd Half OVERVIEW STRATEGIC PLAN GOALS Page 2 of 11 STRATEGIC VALUE: CIVILITY Strategic Direction C 2: Support community events and activities that create opportunities to build community and friendship. (Overall responsibility: Mark Mayer) • Do more events; network with promoters (Assigned to Mark Mayer, Tourism) Percent Complete: 100% Recreation Division staff continue to work to bring more activities to the community including working with various promoters and Tourism. The recent Iron Girl event brought over 1,000 competitors to our community and the first ever Cyclovia event, with the Town partnering with Tourism, was held on Saturday, April 13, 2013. • Coordinate calendars with McDowell Mountain Regional Park and Tourism (Assigned to Mark Mayer, Tourism) Percent Complete: 100% Town calendars for events are coordinated with both Tourism and McDowell Mountain Regional Park and are on the Town’s website and in the monthly calendar distributed by Tourism. Strategic Direction C 3: Genuinely solicit and consider public and stakeholder feedback as part of the decision- making process. (Overall responsibility: Ken Buchanan) • Conduct a statistically valid citizen survey, correlating to the previous statistically valid survey ($35,000 in Town Manager budget) See also CR6 (Assigned to: Ken Buchanan, Julie Ghetti) Percent Complete: 15% The intent of this goal was to gain an understanding of the level of satisfaction that the Fountain Hills citizens have with their government services and be able to monitor if their satisfaction is improving or declining over time. A survey to gather statistically representative input from residents about a wide range of issues related to the Town’s Strategic Plan was administered in October 2005. In order to accomplish this initiative, as well as the next (develop customer service performance measures utilizing the ICMA standards), at the Council meeting on February 7, 2012, staff proposed that the Town participate in the National Citizen Survey (NCS) coordinated by ICMA as opposed to contracting with a firm to repeat the previous citizen survey. Council chose to instead to direct staff to issue an RFP for the survey. The RFP is currently being developed. • Staff to attend at least 12 meetings per year (one per month) with community organizations, HOA’s, etc. (no fiscal impact, however, impact will be staff time) (Assigned to: Ken Buchanan, Julie Ghetti) Percent Complete: 100% Staff spoke at a total of 15 community meetings during fiscal year 2012-13, as follows: Page 3 of 11 • Utilize telephone technology to make calls to citizens to inform them of upcoming events, etc. (Assigned to: Julie Ghetti) Percent Complete: 100% The Town’s telephone system has the ability to make “robo calls” to residents for general information. The system has been used effectively to remind volunteers of upcoming events, inform pet owners that their dog licenses have expired, etc. This has proven to be a very effective tool that has received mostly positive feedback from participants. It does require that residents provide their telephone number if they want to be called and the system does not call anyone who chooses not to leave their phone number. STRATEGIC VALUE: CIVIC RESPONSIBILITY Strategic Direction CR 1: Foster an environment of accessible, responsive governance. (Overall responsibility: Ken Buchanan) • Appoint a formal Ombudsman (perhaps a retired judge so they are impartial (Assigned to Ken Buchanan) Percent Complete: 0% Strategic Direction CR 2: Discover, recognize and utilize the talents of our citizens and use these assets to address community needs. Strategic Direction CR3: Foster a culture of public service and volunteerism. (Overall responsibility: Ken Buchanan, Joan McIntosh) • Advertise with a Request For Proposals for specific need or skillset that a member of the community may have and want to offer services to the Town (Assigned to Ken Buchanan, Joan McIntosh) Percent Complete: 0% Department Directors have indicated they are not in need of any specific skillsets from community members at this time. Unless there is a specific request, there is no need to advertise with a Request for Proposal. Presenter Organization/Meeting Date Subject Ken Buchanan Noon Kiwanis 6/14/2012 Updates on current Town issues Ken Buchanan Men's Discussion Group 8/6/2012 Economic Develoment Program Capt. Rodriquez Community Meeting 10/25/2012 MCSO 1st Quarter Report Ken Buchanan Assoc. of Licensed contractors 10/25/2012 Goals and vision for the Town Jason Field FH Licensed Contractors Assoc. meeting 11/12/2012 Senate Bill 1598 impacts Bob Rodgers FH Business Alliance meeting 11/13/2012 Updates to Sign Ordinance Heather Ware Men's Discussion Group 11/19/2012 Volunteer Program Judge Eisenberg Teen Court 11/13/2012 Teen Court Attorney Training Jason Field Assoc. Of Licensed Contractors 2/28/2013 Avenue Median Project Ken Buchanan Fountain Hills Realtors Meeting 3/1/2013 Town update Bryan Hughes River of Time Museum Docents 3/4/2013 Little Known Facts about FH Ken Buchanan Rotary Club 4/11/2013 Budget Overview Ken Buchanan Chamber Breakfast 5/16/2013 Budget Overview Ken Buchanan Chamber Board Meeting 6/12/2013 Road Bond Ken Buchanan Fountain View Village 6/13/2013 Budget Outcomes Page 4 of 11 • Foster a culture of public service and volunteerism through the annual Make a Difference Day (Assigned to Ken Buchanan, Joan McIntosh) Percent Complete: 100% Another successful Make A Difference Day was held on October 27, 2012. Approximately 250 volunteers completed a variety of “chores” for residents in need , ranging from landscaping to painting. This event has grown each year since its inception in 2009. Strategic Direction CR 6: Evaluate customer satisfaction with Town services on a regular basis and implement appropriate service improvements. (Overall responsibility: Ken Buchanan) • Statistically valid customer satisfaction survey ($35,000 fiscal impact, using prior as a baseline); consider survey at least once every three years See also C3. (Assigned to: Ken Buchanan, Julie Ghetti) Percent Complete: 15% The intent of this goal was to gain an understanding of the level of satisfaction that the Fountain Hills citizens have with their government services and be able to monitor if their satisfaction is improving or declining over time. A survey to gather statistically representative input from residents about a wide range of issues related to the Town’s Strategic Plan was administered in October 2005. In order to accomplish this initiative, as well as the next (develop customer service performance measures utilizing the ICMA standards), staff proposed to Council at their meeting on February 7, 2012, that the Town participate in the National Citizen Survey (NCS) coordinated by ICMA as opposed to contracting with a firm to repeat the previous citizen survey. Council chose to direct staff to issue an RFP for the survey. The RFP is currently being developed. • Develop customer service performance measures utilizing the ICMA standards (Assigned to: Ken Buchanan, Julie Ghetti) Percent Complete: 100% The Town declined to participate in the National Citizen Survey; results would have laid the groundwork for creating a performance measurement tool that citizens would utilize in understanding the quality of service delivery in their community compared to other communities across the country. Strategic Direction CR 7: Communicate the role of local government and clearly define the trade-offs between service levels and amenities and the associated costs so residents can make informed choices. (Overall responsibility: Ken Buchanan) • Continue Citizens Academy (Assigned to Mark Mayer) Percent Complete: 100% The Citizen’s academy was not held this year due to the low numbers of residents that registered for the program. • Create a reader friendly budget report that citizens can understand (Assigned to Julie Ghetti) Percent Complete: 100% The FY2012-13 budget document was summarized in a four-page brochure that is available on the Town website and has been placed in the Town kiosks. The brochure is reader friendly and gives a snapshot of the most significant items in the adopted budget. A similar brochure will be prepared for the FY13-14 budget. Page 5 of 11 STRATEGIC VALUE: ECONOMIC VITALITY Strategic Direction EV 1: Develop a comprehensive economic development strategy for the Town’s future and work with our partners to forward economic growth and awareness. (Overall responsibility: Ken Buchanan) • Review the economic development plan annually and recommend revisions as appropriate Percent Complete: 100% The Economic Development Plan was adopted by the Council in March of 2013, and amended to include a strategically organized approach in June of 2013. Strategic Direction EV 2: Develop and maintain a balanced, equitable, sustainable and local financing structure to support the Town’s core government services at desired service levels. (Overall responsibility: Julie Ghetti) • Outreach to the community citizens regarding proposals that came from the November toolbox retreat; highlight individual proposals during the budget process; reemphasize sustainability Percent Complete: 100% The Town Council designated pavement management as a core service/operational priority for the Town, which requires an investment of around $1.0M per year but has historically been underfunded. Beginning in FY12-13, all revenues from the State Shared revenue Vehicle License Tax (VLT) (approximately $750,000 per year) will be transferred from the General Fund to the Highway User Revenue Fund (HURF) to be used for annual pavement management program. An additional $250,000 will be made up from the HURF fund and the use of HURF reserves. When the Town assumed fire and emergency medical services in 2001, the voters rejected a primary property tax initiative to pay for that service. The Town Council at that time implemented a 1% sales tax to cover those costs; however, the sales tax revenues have not kept up with the cost of providing the service (annual revenues are $2.9M and costs for fire protection are $3.8M). Additionally, full time residents are subsidizing the cost of fire and emergency medical for those residents who are in Fountain Hills only a few months of the year. The Town of Paradise Valley has successfully implemented a fire fee for service for each property owner who benefits from fire protection and emergency medical services. Staff will consider the feasibility of implementing such a fee in FY2014-15 to pay for fire and emergency medical services. Strategic Direction EV 4: Promote retention, expansion and relocation of quality businesses. (Combined with EV1) • Expand upon the outreach efforts in one of the targeted industry sectors to encourage business locations which create new employment opportunities and increase daytime population • Utilize the trade area analysis to target recruitment efforts on those businesses / business sectors identified • Encourage the location of businesses along the Avenue that complement and support the existing business base (fiscal impact $42,000 - $8,000 (or ~19%) from the General Fund and $34,000 (or ~81%) from the Excise Tax Fund; a significant portion geographically falls within the downtown area (the retail, office and “Avenue” initiatives) Percent Complete: 50% Council adopted the Economic Development Plan in March of 2013, and amended it to include a strategically organized approach in June of 2013. On June 20, 2013, the Council approved a Professional Services Agreement with Horizon Real Estate Page 6 of 11 Group, Inc. to promote commercial business in Fountain Hills in accordance with the adopted Fountain Hills Economic Development Plan. The Town released an RFP for an Economic Development Specialist on July 18, 2013. Proposals are due on August 15, 2013, with a targeted Town Council award date of September 5, 2013. STRATEGIC VALUE: RECREATIONAL OPPORTUNITITES AND AMENITIES Strategic Direction R 2: Provide an interconnected, multi-use trail and bicycle system that promotes active living, physical activity, education and appreciation of our parks and natural resources. (Overall responsibility: Mark Mayer) • Coordinate and promote activities with McDowell Mountain Regional Park (Assigned to Mark Mayer) Percent Complete: 100% Coordinating calendars for both groups continued through the year with most of the focus on hiking opportunities within the Town’s Preserves and access to the many miles of trails in the County’s park. • Coordinate with Tourism Bureau to promote Town trails and bicycle system as part of active living, including a booth during the two fairs (Assigned to Mark Mayer) Percent Complete: 100% Information about area trails was provided at the Chamber’s Fairs in November and February and again at the McDowell Mountain Month event at Fountain Park this fall. Various maps of area trails were also available in flyer form for anyone that was interested. • New flyers distributed to valley sports stores (Assigned to Mark Mayer) Percent Complete: 100% Some maps have been distributed, but a number of the stores have corporate policies that prevented distribution and only allowed some limited posting at their sites. • Promote FIT (Fountain Hills Interconnected Trails) (Assigned to Mark Mayer) Percent Complete: 100% The FIT program has a logo, an overall trail master plan, and various individual map plans. A kiosk design has been approved and the first trail, the Civic Trail through the downtown, was launched early in 2013. The trail kiosk for the Civic Trail was fabricated and placed at the trailhead in Fountain Park. The signage for the first kiosk and route markings were fabricated and installed prior to opening the inaugural trail, with a dedication on Saturday, April 6th. • Urban Trails Plan, create a flyer for distribution, coordinate with Tourism, create new Town webpage dedicated to healthy living, active lifestyles; utilize FIT logo to promote trails, signage to mark FIT stations (Assigned to Mark Mayer, Julie Ghetti) Percent Complete: 80% The Master Plan for the FIT trail system has been approved and work is completing on the needed signage to open the first trail. A flyer for the overall trail system is being produced. The opening and promotion of the FIT system was coordinated with Tourism. Page 7 of 11 STRATEGIC VALUE: MAINTAIN AND IMPROVE COMMMUNITY INFRASTRUCTURE Strategic Direction I 2: Lower the reliance on state revenues by developing a locally controlled, reliable funding source for infrastructure maintenance. (Overall responsibility: Julie Ghetti) • Sell assets that have become expensive to maintain and have limited future value (Assigned to Julie Ghetti, Mark Mayer, Paul Mood) Percent Complete: 100% In addition to the proposal outlined in Strategic Direction EV2, staff is evaluating the cost of maintaining assets that either provide no benefit to the taxpayers or are beyond their useful life. There are two components of the evaluation – the Vehicle Replacement Policy and Facility Maintenance. Staff has replaced vehicles that are beyond their useful life and have scheduled new equipment for FY13-14. The Town’s street sweepers and utility dump truck, which are no longer used, will be sold. Various pickup trucks that are to be replaced per the Vehicle Replacement Policy will also be sold. Facility Maintenance includes all Town owned buildings including two that are leased to non-profits – the Kiwanis Building and the Fountain Hills Community Theater. The Town’s budget only allows for general maintenance of the buildings. When larger items such as an A/C replacement or roof repair are needed, staff transfers funding from one of the Town Center complex buildings, thus reducing the maintenance that can be done. The Kiwanis Building is used for their meetings and rental to other groups – the Town receives no revenue from the building to offset the costs. Staff would propose that the Kiwanis building be either reverted back to the Kiwanis or offered for sale to the highest bidder. Strategic Direction I 3: Maintain a current condition assessment of all roadways and sidewalks and prioritize and implement maintenance efforts to minimize costly reconstruction. (Overall responsibility: Paul Mood) • Evaluate the post mortem on bond with the public, prepare new strategy for recommendation (Assigned to Paul Mood, Ken Buchanan, Julie Ghetti) Percent Complete: 100% The bond post mortem was to be included with the Citizen Survey which was not approved; staff did solicit feedback from the various groups it met with regarding the 2011 bond. From this feedback and Council direction, staff put together a proposed bond for Saguaro Blvd. focusing only on needed reconstruction. This was presented to Council at the November 13, 2012 and January 8, 2013 Work Study Sessions. The Council approved Resolution 2013-05 on March 21, 2013 calling for a special bond election on November 5, 2013. The publicity pamphlet for the citizens has been prepared and will be distributed to all households in October 2013. Page 8 of 11 The following graph depicts progress staff has made toward accomplishing Operational Priorities during fiscal year 2012-13: 0 10 20 30 40 50 60 70 80 90 100 Pavement Management Program Economic Development Plan Fountain Lake (IGA) Community Partnership Funding Policy Fire Station #2 Town Prosecutor Volunteer Program PERCENT COMPLETE PROGRESS TO OPERATIONAL PRIORITIES FOR FISCAL YEAR 2012-13 1st Half 2nd Half OPERATIONAL PRIORITIES Page 9 of 11 1. Pavement Management Program (Overall responsibility: Ken Buchanan. Assigned to Ken Buchanan, Paul Mood, Ken Kurth.) Percent Complete: 100% The Pavement Management Plan Resolution was presented to Council at the January 8 Work Study Session. Zone 6 slurry seal is complete and work in Zone 7 has begun. 2. Economic Development Plan (Overall responsibility: Ken Buchanan.) Percent Complete: 100% The Economic Development Plan was adopted by the Council in March of 2013, and amended to include a strategically organized approach in June of 2013. On June 20, 2013, the Council approved a Professional Services Agreement with Horizon Real Estate Group, Inc. to promote commercial business in Fountain Hills in accordance with the adopted Fountain Hills Economic Development Plan. The Town released an RFP for an Economic Development Specialist on July 18, 2013. Proposals are due on August 15, 2013, with a targeted Town Council award date of September 5, 2013. 3. Fountain Lake (IGA) (Overall responsibility: Ken Buchanan. Assigned to Ken Buchanan, Mark Mayer, Paul Mood.) Percent Complete: 10% Staff is currently negotiating a reuse agreement that is a prelude to the Fountain Lake IGA. 4. Community Services Funding Policy (Overall responsibility: Julie Ghetti. Assigned to Julie Ghetti, Bev Bender. ) Percent Complete: 100% The current funding program for community services (youth recreational services, youth arts, social services and tourism promotion) is the result of Requests for Proposals issued in 2007 for a three -year contract for services that are desired but not provided by the Town; the contracts have been extended for three, additional one -year terms. This operational priority was intended to develop a more equitable and open policy on funding community services that addresses community needs and Council priorities. Staff proposed the creation a grant program policy, “Building a Better Community,” that would facilitate the funding allocation for programs identified by the Town Council as Council priorities; however, the proposal was not approved. The Town Council approved extending the original contracts through FY13-14. Page 10 of 11 5. Fire Station #2 (Overall responsibility: Ken Buchanan. Assigned to Ken Buchanan, Randy Roberts, Julie Ghetti, Paul Mood) Percent Complete: 90% The Town of Fountain Hills’ population increased between incorporation in 1989 and 2000 by 10,045 persons, or almost 100%; the population between 2000 and 2010 increased by 2,254, another 11%. The average annual growth over the past 22 years is 6%, to the current population of 22,489. The Town’s fire and emergency medical services have not changed to meet the demands of the population growth in new areas, thus the service quality has begun to decrease, particularly in the area of increased response times to the southwest portion of Town. These areas exceed the contract response times of five minutes (90% of the time), often taking eight to twelve minutes to respond. To serve the southwest portion of the community, there is sufficient right-of-way of land that the Town owns on the north side of Shea Boulevard, just west of Fountain Hills Boulevard, for a new fire station. Construction plans were prepared for this site in anticipation of applying for a FEMA/ARRA grant to fund the new station (grants were awarded to shovel ready projects). However, the Town was not awarded any grant funding and, due to lack of and/or un-prioritized Town funds, the Town has not moved forward with building a new station. The only remaining item to be designed is the connection to the sanitary sewer. The lack of a fire station to serve the southwest portion of the community has become a critical issue and one of the challenges is that the Town has no specific guidelines in place to dictate when or where a new fire station is to be built. Although the Town has a site designated for a new fire station, it is in the far northwest corner of Town (Eagles Nest) and there is insufficient development to warrant a fire station. With the development of Eagle Mountain and Crestview and the subsequent increased population, the need for a fire station in a location that will provide the desired response times is a higher priority than the site at Eagles Nest. The Town of Fountain Hills adopted a Fire Station Location Master Plan for determining when new stations need to be opened and when existing stations may need to be relocated. The Master Plan report reviewed response times and current Station #1, #2, and #3 locations to determine when it is appropriate to build a new fire stations and/or relocate an existing fire station. Fire Station placement should be determined using NFPA 1710 standards for response times, as well as GIS software (Network Analyst ESRI Arc View) that takes into account street layout, speed limits and Fire Department response procedures. Rural Metro cannot meet their contractual response times with the current location of Station #2. Relocating Station #2 to a site along Shea Blvd., east of Palisades or Fountain Hills Blvd. near Muskrat, would bring response times into compliance. The table below shows the response times for each month of FY2012-13, by station, and highlights those areas that are in non-compliance with the Rural Metro contract: Page 11 of 11 6. Town Prosecutor (Overall responsibility: Ken Buchanan. Assigned to Ken Buchanan, Julie Ghetti, Bev Bender.) Percent Complete: 100% The Town Prosecutor is one of four positions appointed by the Town Council. During the August retreat, the Council listed consideration of appointing a part-time prosecutor as an operational priority. The Town Council approved a two-year contract with the current Town Prosecutor. 7. Volunteer Program (Overall responsibility: Ken Buchanan. Assigned to Ken Buchanan, Joan McIntosh.) Percent Complete: 100% As of July 1, 2013, the Volunteer Coordinator began reporting directly to the Town Manager in accordance with Resolution 2013-38 which adopted the budget implementation policy and approved the town organizational charts. Analysis of the current work plan is underway in order to achieve improvements. July August September October November December January February March April May June Total Total FH Incident Responses 329 281 269 264 210 221 230 186 305 289 284 2868 Average Emergency Response Time 3:58 3:47 3:46 4:03 3:54 3:57 3:50 3:46 4:16 3:44 3:41 3:52 Total # Response Exceptions 45 36 31 37 30 36 31 26 45 24 29 370 Response Compliance - Station 1 5 min. zone 77% 78% 79% 77% 84% 77% 82% 83% 77% 88% 82%80% Response Compliance - Station 1 8 min. zone 93% 100% 67% 82% 88% 93% 90% 100% 100% 84% 100%91% Avg. Response Compliance Sta. 1 85% 89% 73% 80% 86% 85% 86% 92% 88% 86% 91%#DIV/0!85% Response Compliance - Station 2 5 min. zone 59% 56% 74% 75% 65% 76% 70% 71% 54% 71% 75%68% Response Compliance - Station 2 8 min. zone 100% 86% 100% 100% 100% 80% 100% 100% 60% 100% 100%93% Avg. Response Compliance Sta. 2 80% 71% 87% 88% 83% 78% 85% 85% 57% 86% 88%#DIV/0!80% Fire Loss $0 $100,000 $0 $0 $5,000 $10,000 $0 $0 $0 $0 $5,000 120,000 Fire Loss Potential $0 $100,000 $0 $0 $450,000 $300,000 $0 $0 $0 $0 $350,000 1,200,000 Training Hours 459 561 540 530 543 586 625 700.5 928 812 719 7003.5 Building and Site Inspections 17 9 8 26 17 10 19 59 15 20 12 212 Building and Site Plan Reviews 10 15 11 17 16 21 15 18 8 16 16 163 Public Education Activity 24 36 36 48 24 24 16 24 36 24 24 316 Car Seat Installations 4 9 7 9 6 13 15 4 10 8 6 91 AED Inspections 9 8 8 7 9 8 8 35 9 7 8 116 CARE/FH Responses 21 25 23 22 27 21 23 15 23 14 20 234 Notes: Response time requirement per contract a minimum of 90% of the time. Record # of calls for the month of July. 50 car seats installed at a October Valley wide Car Seat Installation event in Scottsdale Rural/Metro Monthly Report Fiscal Year 2012/2013